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.
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 (in limited forms) → Maliki school → |
| contrastsWith |
strict analogical reasoning
→
|
| criticizedBy |
al-Shafi‘i
→
|
| defendedBy |
Abu Hanifa
→
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 (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)
| Subject (surface form when different) | Predicate |
|---|---|
|
Qiyas
→
|
distinguishedFrom |