Who used the term Istihsan?

- Al-Halwani defines it as “the giving up of analogy for stronger evidence from the Book, the Sunnah or ijma'. - Ibn al-Arabi, a Maliki jurist, has defined istihsan as to abandon the requirement of the proof as an exception and to make concession when the proofs conflict.

Similarly, you may ask, what is the meaning of Istihsan?

san (Arabic: ?????????????‎) is an Arabic term for juristic discretion. In its literal sense it means "to consider something good". Muslim scholars may use it to express their preference for particular judgements in Islamic law over other possibilities.

One may also ask, who introduced the doctrine of Istislah? 248. While Istihsan was developed by the Hanafi maddhabs, the concept of istislah is a Maliki one. Istislah is derived from the word maslaha which can be translated as “common good”.

Keeping this in consideration, how many types of Istihsan are there?

ISTIHSAN QIYASI • It is a departure from one qiyas to another • Qiyas is of two types : Jalli (obvious analogy) and Khafi (hidden analogy) – Istihsan qiyasi is a departure from Qiyas Jalli to Qiyas Khafi.

What is Masalih Mursalah?

Maslahah mursalah. Maslahah means benefit or interest. 2. • So Istislah involves the acquisition of benefit and repulsion of the harm to the public based on the benefit or interest that will be enjoyed by the public.

10 Related Question Answers Found

What is the meaning of Qiyas?

Definition of qiyas. : the principle of analogy applied in the interpretation of points of Islamic law not clearly covered in the Koran or sunna : analogical inference or deduction.

What is the meaning of taqleed?

Taqlid (Arabic ??????? taqlīd) is an Islamic terminology denoting the conformity of one person to the teaching of another. The person who performs taqlid is termed muqallid. The definite meaning of the term varies depending on context and age.

What is ijma in Islam?

Ijmāʿ (Arabic: ?????‎) is an Arabic term referring to the consensus or agreement of Islamic scholars on a point of Islamic law. Sunni Muslims regard ijmā' as the third fundamental source of Sharia law, after the Qur'an, and the Sunnah.

What is the meaning of ijtihad?

In its literal meaning, the word refers to effort, physical or mental, expended in a particular activity. In its technical sense, ijtihad can be defined as a "process of legal reasoning and hermeneutics through which the jurist-mujtahid derives or rationalizes law on the basis of the Qur'an and the Sunna".

What is Istidlal?

In the ordinary sense the term means an inference for a thing from another thing, but in the real sense, it is a form of ratiocination or legal reasoning not covered by Qiyas/????. Istidlal (???????) allowed the jurists to avoid 'strict analogy' in a case where no clear precedent could be found.

What is Istidlal in Islamic law?

Qada'/ ???? is another. term of Islamic Jurisprudence which means discharge of an. obligation after its specific time has expired.