The doctrine of juristic preference in islamic law kitaabun. The early development of islamic jurisprudence by ahmad hassan. Reconstruction of legal thought in islam by syedriazulhassan gillani. The doctribe of juristic preference in islamic law. Definition and varieties of istihsan being a derivation of the root word hasuna, istihsan literally means considering something good, preferable and beautiful. This view is held by a group of jurists, according to nurul anwar written by sheikh ahmad ibn abu sayiid, known as mullah jaiun, who was the house tutor of aurangzeb, the mughal emperor. Istihsan juristic preference and maslaha public interest. These are all devoted, almost exclusively, to the juridical subject matter of usul alfiqh, and rarely, if ever, address the. Imam alshafiiasserts that it means to make law by its arbitrary opinion.
In islamic law istihsan or juristic preference is one of the. This is followed by a brief comparison of istihsan with the doctrine of equity in western jurisprudence, the historical roots of istihsan and its reception or otherwise by the leading madhahib, and then a brief account of the critique of istihsan by imam muhammad ibn idris alshafii d. The doctribe of juristic preference in islamic law islamic. Syariah courts in malaysia and the development of islamic jurisprudence.
In this work, prof kamali offers us the first detailed presentation available in english of the theory of muslim law usul alfiqh. Review of principles of islamic jurisprudence by mohammad. Islamic law and the challenges of modern times ijtihad. Juristic preference istihsan islamic bankers resource. Jihad a struggle, to exert effort in a certain matter, and may refer to a legitimate war. Principles of islamic jurisprudence kamali 4 mustasfa min llm alusul, alamidis alihkam fi usul alahkam, alshatibis almuwafaqat fi usul al ahkam and alshawkanis irshad alfuhul fi tahqiq alhaqq min llm alusul.
The doctrine of juristic preference in islamic law by saim kayadibi paperback 347 pages isbn. Aug 20, 2019 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. Today, the method of istihsan is used to solve many current social issues. Istihsan has been validated by hanafi, maliki and hanbali jurists. Dec 21, 2009 an abridged translation of imam alshatibis introduction to his alitisam book of holding fast islamic jurisprudence and environmental planning. Pdf usul al fiqh islamic jurisprudence abdulmumuni. Apart from the fact that the existing works on islamic jurisprudence in the english language do not offer an exclusive treatment of usul alfiqh, there is also a need to pay greater attention to the source materials, namely the quran and sunnah, in the study of this science. Islamic jurisprudence fiqh fiqh, the term for islamic jurisprudence, is a process by means of which jurists derive sets of guidelenes, rules and regulations from the rulings laid down in the quran and the teachings and living example of the prophet muhammad pbuh, the sunnah. The application of the rule of istihsan bi almaslahah.
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. Juristic preference istihsan islamic bankers resource centre. Islamic jurists define istihsan as leaving a designated law to a new law, in an event with the acoount of islamic primary sources and current relevance. This book offers a detailed presentation of the theory of muslim law usul alfigh. Syariah courts in malaysia and the development of islamic. This principle was developed by the ijanafis to remove the rigidity of law in certain situations. Istihsan here considering what is more beneficial for the majority. Often regarded as the most sophisticated of the traditional islamic disciplines, muslim jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the quran and the sunna. About the book this work constitutes a critical analysis of classical and modern aspects of the concept of istihsan juristic preference, an important principle in islamic legal. To be a competent islamic jurist one must know both the law and the methods by which it was developed. For instance, oral evidence is the regular type of gaining the evidence and proof in islamic law1. Allows jurists to abandon a strong precedent for a weaker precedent in the interests of justice.
Istihsan is one of the secondary sources in islamic law that is created from the principle of maslahah. The doctrine of juristic preference in islamic law. Pdf alwaraqat of imam aljuvaini a classical manual on. Jul 10, 2019 istihsan in islamic law must not be puzzled with equity of english jurisprudence.
Full text of islamic jurisprudence internet archive. Avicenna 370428 ah9801037 ad abd alrahman al naqib. The permissible gharar risk in classical islamic jurisprudence. Islamic jurisprudence 10 muslim law 37 some readings in islamic jurisprudence 58. 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. Fiqh is the end product of the application of usul alfiqh which is best translated as islamic jurisprudence. Islamic jurisprudence is built from two major foundations which are to give maslahah interest to human beings and push away all the troubles from them. The historian ibn khaldun describes fiqh as knowledge of the rules of god.
Muslim scholars may use it to express their preference for particular judgements in islamic law over other possibilities. This work is a great contribution to islamic jurisprudence. The principle of istihsan in islamic jurisprudence ahmad hasan istfysan is an important subsidiary source of islamic law. Principles of islamic jurisprudence book depository. This is followed by a brief comparison of istihsan with the doctrine of equity in western jurisprudence, the historical roots of istihsan and its reception or otherwise by the leading madhahib, and then a brief account of the critique of istihsan by imam muhammad ibn. He also analyses the validity of istihsan as a source of law and discusses the differences among scholars on its method of implementation. Jun 18, 2015 istihsan is not independent of shariah, it is integral part of shariah. Islamic law and the challenges of modern times ijtihad network. Alqarafi mentioned that sometimes he used to give fatwa on the basis of istihsan and he said about it, malik says it in a number of questions about artisans who work on objects giving an guarantee of their work and those who transport food and condiments giving a. 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.
Preference and its application to contemporary issues qeddah. The majority hold that istihsan is a source of islamic law. Aibazdawl belongs to the fourth and fifth centuries of the hijrah. The doctrine of juristic preference in islamic law saim kayadibi. Principles of mohammaden jurisprudence by abdul rahim. Principles of islamic jurisprudence mohammad hashim. This is as stated in the method of fiqhiyyah which is jalbu al masalih wa daru al mafasid. Principles of islamic jurisprudence kamali 3 preface i. This essay is based mainly on my own writings, including my book titled istihsan juristic. We sent our messengers with evidences and revealed the book and the balance through them so as to establish justice among people quran 57. Istihsan as a source of islamic law there are three different opinion of muslim jurists on istihsan. Istihsan by shah abdul hannan istihsan literally means to deem something preferable.
About the book 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. Often regarded as the most sophisticated of the traditional islamic disciplines, muslim jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the quran and the sunna the precedent of the prophet. The reference is to beauty, in its common sense, that appeals to the eye and inclines the heart. However, the shafiishave objected to the use of the principle of istihsan. This view is held by a group of jurists, according to nurul anwar written by sheikh ahmad ibn abu sayiid, known as mullah jaiun, who was the house tutor of. In its juristic sense, istihsan is a method of exercising personal opinion ray in order to avoid any rigidity and unfairness that might result from literal application of law. It is a common knowledge that quran and sunnah are the primary sources of islamic jurisprudence.
Recorded as actually having happened, english common law relied upon the long established customs and, as it was not made to be substituted in order to meet the interests of contemporary ages, it declined and was incapable to comply with the public. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Download it once and read it on your kindle device, pc, phones or tablets. Guides decision making in cases where there are several potential outcomes. Dec 17, 2017 mohammad hashim kamali istihsan and the renewal of islamic law mohammad hashim kamali i. A summary of islamic jurisprudence 2 vol set al aathir. Istihsan is an important branch of ijtihad, and has played a prominent role in adaptation of islamic law to the changing needs of society. This book is an introduction to islamic jurisprudence for readers without substantial background in this field.
Istihsan in islamic law must not be puzzled with equity of english jurisprudence. Istihsan juristic preference and its application to contemporary. Introduction usul al fiqh discusses both the sources adillah of islamic law and the law fiqh. Islamic law and the challenges of modern times december 1, 2016 articles, library, viewpoints islamic law is a member of the family of religious laws, but unlike other religious legal systems, it presents itself as a law which is universal and for all times and places. There are many sources which state that malik used to employ istihsan. Read this book and over 1 million others with a kindle unlimited membership. Written as a university textbook, principles of islamic jurisprudence is distinguished by its clarity and readability. 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. Principles of islamic jurisprudence 2 nyazee, imran ahsan khan. Principles of islamic jurisprudence book, 1991 worldcat. Refers to the principle that permits exceptions to strict andor literal legal reasoning in favor of the public interest maslahah. Use features like bookmarks, note taking and highlighting while reading istihsan. In two volumes, sheikh salih al fawzan has projected light on jurisprudential issues of utmost importance in a genuine and readerfriendly style, free from any jargon or sophisticated expressions. Istihsan wikipedia bahasa melayu, ensiklopedia bebas.
May 21, 2017 istihsan here considering what is more beneficial for the majority. The word fiqh is an arabic term meaning deep understanding. Rather, their rulings were based upon their own understanding of the general. In its literal sense it means to consider something good. Mohammad hashim kamali istihsan and the renewal of islamic law mohammad hashim kamali i. Llb part one islamic jurisprudence noteshistory of the growth of the muslim legal systemvarious schools of islamic lawsources of law the quran and the traditionsijma and customsjuristic deduction qiyas or analogyistehsan or juristic equityistedlalijtehad and taqlidacts, rights and obligationslegal capacityownership and possessionconstitutional lawmuslim. Aug 25, 2011 usul alfiqh is the study of the sources of islamic law and the methodology by which islamic law is developed. Istihsan is not independent of shariah, it is integral part of shariah. This third edition of the bestselling title principles of islamic jurisprudence has been completely revised and substantially enlarged. Technically it refers to the body of islamic law extracted from detailed islamic sources which are studied in the principles of islamic jurisprudence and the process of gaining knowledge of islam through jurisprudence. The doctrine of juristic preference in islamic law kindle edition by saim kayadibi. This principle has been propounded by the famous hanafi jurist, abu alyusr albazdawi in his book usal alfiqh principles of jurisprudence. Islamic jurisprudence 4 muslim law 8 course materialbrief points. Book information 3 grading policy and assessment 3 syllabus.
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