Istihsan
E43188
Istihsan is an Islamic legal principle that allows jurists to depart from strict analogical reasoning (qiyas) in favor of a ruling deemed more equitable or in the public interest.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Istihsan canonical | 1 |
Statements (47)
| Predicate | Object |
|---|---|
| instanceOf |
Islamic legal principle
ⓘ
source of Islamic law ⓘ usul al-fiqh concept ⓘ |
| aimsAt |
achieving fairness in rulings
ⓘ
avoiding hardship ⓘ realizing maslahah ⓘ |
| allows | departure from strict qiyas ⓘ |
| appliesTo | legal reasoning ⓘ |
| basedOn |
equity
ⓘ
public interest ⓘ |
| consideredBy |
Hanafi school
ⓘ
Hanbali school ⓘ
surface form:
Hanbali school (in limited forms)
Maliki school ⓘ |
| contrastsWith | strict analogical reasoning ⓘ |
| criticizedBy |
Al-Shafi'i
ⓘ
surface form:
al-Shafi‘i
|
| defendedBy |
Abu Hanifa
ⓘ
Hanafi school ⓘ
surface form:
Hanafi jurists
|
| domain |
Islamic private law
ⓘ
commercial transactions (muamalat) ⓘ procedural and judicial matters ⓘ |
| etymology | derived from Arabic root ḥ-s-n (good, beautiful) ⓘ |
| goal |
facilitating ease in the law
ⓘ
harm minimization ⓘ |
| hasDebate |
relationship with qiyas
ⓘ
scope of application ⓘ status as independent legal proof ⓘ |
| hasMeaning | juristic preference ⓘ |
| hasType |
consensus-based istihsan
ⓘ
custom-based istihsan ⓘ hidden analogy istihsan ⓘ necessity-based istihsan ⓘ text-based istihsan ⓘ |
| involves |
consideration of consequences
ⓘ
consideration of context ⓘ preferring a stronger specific evidence over a general analogy ⓘ |
| language | Arabic ⓘ |
| partOf | usul al-fiqh discussions ⓘ |
| rejectedBy |
Shafi'i school
ⓘ
surface form:
Shafi‘i school (as an independent proof)
|
| relatedTo |
istislah
ⓘ
maslahah mursalah ⓘ qiyas ⓘ |
| usedBy |
classical Muslim jurists
ⓘ
contemporary Muslim jurists ⓘ |
| usedFor |
avoiding unjust outcomes of analogy
ⓘ
resolving hard cases ⓘ |
| usedIn |
Islamic jurisprudence
ⓘ
fiqh ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.