Istihsan
Subtitle: The Doctrine of Juristic Preference in Islamic Law
Publisher: Islamic Book Trust
Published: 2010
Place of publication: Kuala Lumpur, Malaysia
Format: Paperback
Number of pages: 384
ISBN-13: 9789675062476
Description: This work constitutes a critical analysis of classical and modern aspects of the concept of istihsan (juristic preference), an important principle in Islamic legal legislation throughout history. Although there has been many research works on the subject, it still requires further investigation on the role and nature of istihsan with regard to a combination of classical and modern approaches. Consisting of four chapters, the author begins by introducing some general principles of Islamic law, before discussing the history of istihsan during the time of the Prophet and his Companions. He also analyses the validity of istihsan as a source of law and discusses the differences among scholars on its method of implementation.
Table of contents: title: Glossary; title: Preface; title: Acknowledgements; title: Introduction; title: 1 The Sources of Islamic law; title: Definition of some juristic terms; title: Unanimous sources of Islamic law; title: The Qur’an; title: The Sunnah; title: Ijmā‘ (consensus); title: Qiyās (analogical deduction); title: Controversial sources of Islamic law; title: Definition of istiṣḥāb; title: Maṣlaḥah Mursalah (public interest) or al-istiṣlāḥ; title: ‘Urf (customary law); title: Sadd al-Dharā’i‘ (blocking the means); title: Qawl ṣaḥābī (the saying of a Companion of the Prophet); title: Shar‘ man qablanā (revealed laws preceding to the Sharī‘ah); title: Istiqrā’ (induction); title: Conclusion; title: 2 Development of Ijtihād by Ra’y; title: Concept of ijtihād; title: Validity of ijtihād; title: Implementations of ijtihād at the time of the Prophet; title: Conclusion; title: 3 Definition of Istiḥsān and Analysis; title: Istiḥsān—a historical perspective; title: View point of istiḥsān amongst the scholars; title: Further evidences of the validity of istiḥsān; title: Application of istiḥsān in the early Ḥanafi school; title: Conclusion; title: 4 Various Types of Istiḥsān; title: Istiḥsān in the sense of departing from one ruling; title: Istiḥsān based on sanad in terms of the departure; title: Conclusion; title: Conclusion; title: Bibliography; title: Index