I= JURISTIC PREFERENCE AS A SOURCE OF ISLAMIC LAW
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Title of Thesis
JURISTIC PREFERENCE AS A SOURCE OF ISLAMIC LAW

Transliteration
ISTEHSAN BEHASIAT MAKHAZ QANOON-I-ISLAMI

Author(s)
Saeed ur Rahman
Institute/University/Department Details
Bahauddin Zakariya University
Session
Subject
Islamic Studies
Number of Pages
493
Keywords (Extracted from title, table of contents and abstract of thesis)
istihsan, juristic preference, islamic law, itjihad

Abstract
Istihsan is an Arabic term for juristic "preference". Muslim scholars use it to express their preference for particular judgements in Islamic law over other possibilities. It is one of the principles of legal thought underlying personal interpretation or ijtihad.

Istihsan literally means to deem something preferable. In its juristic sense, Istihsan is a method of exercising personal opinion in order to avoid any rigidity and unfairness that might result from literal application of law. Istihsan as a concept is close to Equity in Western law. However Equity in Western law is based on natural law, whereas Istihsan is essentially based on divine law.

Istihsan is not independent of Shari`ah, it is integral part of Shari`ah. Istihsan is an important branch of Ijtihad, and has played a prominent role in adaptation of Islamic law to the changing needs of society, and as an antidote to literalism. Istihsan has been validated by Hanafi, Maliki and Hanbali jurists. Imam Shafi`i, Shi`i and Zahiri Ulama’ have rejected it as a method of deduction. However, in effect majority have accepted Istihsan.

So long as Istihsan seeks solutions that are harmonious with the Shari`ah and its definitives, its validity is undeniable.

Download Full Thesis
4382.98 KB
S. No. Chapter Title of the Chapters Page Size (KB)
1 00 Contents
87.79 KB
2 0 Abstract
139.38 KB
3 1 Istihsan (Juristic Preference) A General Comparative Study 24-42
211.66 KB
4 2 Istihsan (Juristic Preference) A Jurisprudential Study 43-103
626.22 KB
5 3 Istihsan (Juristic Preference) Under Influence 104-192
852.69 KB
6 4 Istihsan (Juristic Preference) By Consensus Of Scholars 193-204
113.49 KB
7 5 Istihsan (Juristic Preference) By Analogy 205-326
1307.16 KB
8 6 Istihsan (Juristic Preference) By Exigency 327-393
665.36 KB
9 7 Istihsan (Juristic Preference) By Need 394-438
437.06 KB
10 8 Istihsan (Juristic Preference) Local Customs Or Laws 439-472
314.7 KB
11 9 Last Word 473
51.2 KB
12 10 Abbreviations 477
138.84 KB