Formation of the concept of Istiḥsan in Islamic Law

Formation of the concept of Istiḥsan in Islamic Law

The concept of istiḥsān (juristic preference) played a crucial role in intellectual heritage of the history of Islamic law and the development of Islamic legal reasoning through putting human’s contribution into judgments based on primary principles of securing ease and avoiding hardship. In the pro...

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Bibliographic Details
Main Author: Kayadibi, Saim
Format: Book Chapter
Language:English
Published: IIUM Press 2011
Subjects:
KBP Islamic Law
Online Access:http://irep.iium.edu.my/17302/
http://irep.iium.edu.my/17302/1/5-Formation.pdf
id iium-17302
recordtype eprints
spelling iium-173022013-02-22T02:26:12Z http://irep.iium.edu.my/17302/ Formation of the concept of Istiḥsan in Islamic Law Kayadibi, Saim KBP Islamic Law The concept of istiḥsān (juristic preference) played a crucial role in intellectual heritage of the history of Islamic law and the development of Islamic legal reasoning through putting human’s contribution into judgments based on primary principles of securing ease and avoiding hardship. In the process of formation of istiḥsān, the concept of qiyās (analogy) was the main factor. When the result of qiyās would cause hardship to the people, the concept of istiḥsān was applied giving preference to unconsidered evidence which may eradicate hardships. No technical definition of istiḥsān have reached us from the very early Islamic legal history, despite the notion of istiḥsān has been used throughout the history of formation of Islamic law. This paper intends to investigate empirically the historical journey of istiḥsān which was applied researching its traces throughout the history of Islamic legal reasoning and critically discuss their applications in Islamic law giving special emphasis on relationship with the concept of qiyās. IIUM Press 2011-12 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/17302/1/5-Formation.pdf Kayadibi, Saim (2011) Formation of the concept of Istiḥsan in Islamic Law. In: Pool Finance Economic System: Law, Democracy, Alliance of Civilization. IIUM Press, Kuala Lumpur, pp. 181-217. ISBN 9789674181215
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic KBP Islamic Law
spellingShingle KBP Islamic Law
Kayadibi, Saim
Formation of the concept of Istiḥsan in Islamic Law
description The concept of istiḥsān (juristic preference) played a crucial role in intellectual heritage of the history of Islamic law and the development of Islamic legal reasoning through putting human’s contribution into judgments based on primary principles of securing ease and avoiding hardship. In the process of formation of istiḥsān, the concept of qiyās (analogy) was the main factor. When the result of qiyās would cause hardship to the people, the concept of istiḥsān was applied giving preference to unconsidered evidence which may eradicate hardships. No technical definition of istiḥsān have reached us from the very early Islamic legal history, despite the notion of istiḥsān has been used throughout the history of formation of Islamic law. This paper intends to investigate empirically the historical journey of istiḥsān which was applied researching its traces throughout the history of Islamic legal reasoning and critically discuss their applications in Islamic law giving special emphasis on relationship with the concept of qiyās.
format Book Chapter
author Kayadibi, Saim
author_facet Kayadibi, Saim
author_sort Kayadibi, Saim
title Formation of the concept of Istiḥsan in Islamic Law
title_short Formation of the concept of Istiḥsan in Islamic Law
title_full Formation of the concept of Istiḥsan in Islamic Law
title_fullStr Formation of the concept of Istiḥsan in Islamic Law
title_full_unstemmed Formation of the concept of Istiḥsan in Islamic Law
title_sort formation of the concept of istiḥsan in islamic law
publisher IIUM Press
publishDate 2011
url http://irep.iium.edu.my/17302/
http://irep.iium.edu.my/17302/1/5-Formation.pdf
first_indexed 2023-09-18T20:26:08Z
last_indexed 2023-09-18T20:26:08Z
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