What is Istihsan?

What is Istihsan?

istiḥsān, (Arabic: “to approve” or “to sanction”) in Islamic law, juristic discretion—i.e., the use of a jurist’s own judgment to determine the best solution to a religious problem that cannot be solved by simply citing sacred texts.

What are the 5 rulings in Islam?

Sharia rulings fall into one of five categories known as “the five decisions” (al-aḥkām al-khamsa): mandatory (farḍ or wājib), recommended (mandūb or mustaḥabb), neutral/permissible (mubāḥ), reprehensible (makrūh), and forbidden (ḥarām).

How is Ijma conducted?

The Ijma must have taken place after the death of Holy Prophet (Peace be Upon Him). The Ijma must be performed by jurists of single determined period i. e. of the same generation. The Ijma must be upon rule of law and all-non legal matters are excluded from the domain of Ijma.

What do you mean by Istihsan and Istidlal?

Abu Hanifa developed a new source called istihsan, or juristic preference, as a form of analogical deduction (qiyas). Thus the principle of istihsan is applied, and the public may use the well for ritual purification. Istidlal: Istidlal means infering a ‘thing’ from another ‘thing’.

What is Qiyas as a source of Islamic law?

qiyas, Arabic qiyās, in Islamic law, analogical reasoning as applied to the deduction of juridical principles from the Qurʾān and the Sunnah (the normative practice of the community). With the Qurʾān, the Sunnah, and ijmāʿ (scholarly consensus), it constitutes the four sources of Islamic jurisprudence (uṣūl al-fiqh).

What is the difference between ijtihad and Qiyas?

Shi’ite jurists maintain that qiyas is a specific type of ijtihad. The Sunni Shafi’ school of thought, however, holds that both qiyas and ijtihad are the same. Sunni jurists accepted ijtihad as a mechanism for deducing rulings. They, however, announced an end to its practice during the thirteenth century.

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