2. AL-ISTIHSAN
Literal Meaning
Derived from:
a. To deem something preferable
b. To consider something good
Technical Meaning
“Giving up of analogy for a stronger evidence from al-Qur’an,
al-Sunnah or al-Ijma’”
Objective of al-Istihsan
To avoid rigidity and inflexibility from literal enforcement of
certain ruling or hukm through Qiyas.
- Initially introduced by Hanafi school and later adopted by
other schools.
3. CONT’D
GENERAL RULING ANOTHER RULING [EXCEPTION]
A general principles emerging from the texts may not permit
something, yet another text may provide an exception to this
broad principle.
General rule: كككك ككك كك ككك كك
“Don’t sell what you don’t possess”. However, we may apply al-
istihsan:
The Contract of al-Salam
The sale of an object in which the price was paid in advance
and the item is to be delivered at a future date.
Istisna’ (contract of manufacturing)
Pay for a car to be manufactured in the future.
- Hadith is about avoiding gharar (uncertainty)
4. VALIDITY OF AL-ISTIHSAN
al-Istihsan is a valid secondary source of Islamic Law to:
a. The Hanafites
b. The Malikites
c. The Hanbalites
al-Istihsan is not valid according to the Shafi’ites: “Istihsan is
the following of one’s personal whim and amounts to
unjustified legislation”
