This document discusses the concept of al-Istihsan in Islamic law. Al-Istihsan refers to preferring one legal opinion over another that is derived from analogy based on textual evidence or public interest. The document outlines the meaning and types of al-Istihsan, including exceptions based on texts, consensus, custom, necessity, and hidden analogy. Examples are provided and the validity of al-Istihsan as a source of law is discussed among different schools of thought.
Explain about How the Quran is used as the first source of Syariah, referring to Principles of Islamic Jurisprudence book by Prof. Mohammad Hashim Kamali,
3rd edition (2005)
Maqasid as-Shariah is very important subject in understanding the whole picture of Islamic law. Without the knowledge about maqasid as-Shariah, people will not be able to see the beautiful of Islam as it has been described in the Quran as the rahmah or mercy to the universe. Maqasid as-Shariah shows that every single law or regulations in the Islamic teaching are meant for the benefit of the whole universe since Islam was revealed to the universe. Shari'ah aims at the welfare of the people in this life and in the life hereafter, and for this purpose it has advised people to adopt such means and measures that may give advantage benefit/well-being to them and may ward off evil/injury/loss, from them.
Maqasid al-Shari'ah comprises those benefits/welfare/advantages behind the revelation of Islamic Laws.
It aims at the attainment of good, welfare, benefits, and warding off evil, injury, loss, etc. for the creatures. (All this in Arabic terminology can be stated as Masalih al-'Ibad.)
Many jurists have tried to explain the aims and objectives of Shari'ah upon which it is established.
Among the outstanding figures are the Malikite Abu Ishaq al-Shatibi, the Shafite al-'Izz ibn 'Abd aI-Salam, and the Hanbalite Ibn Qayyim al-Jawiziyyah.
Many jurists have tried to explain the aims and objectives of Shari'ah upon which it is established.
Among the outstanding figures are the Malikite Abu Ishaq al-Shatibi, the Shafite al-'Izz ibn 'Abd aI-Salam, and the Hanbalite Ibn Qayyim al-Jawiziyyah.
One of very important objective is:
Rahmah (Mercy or Compassion), that seek to eliminate prejudice, alleviate hardship and establish justice. The laws of the Qur’an and Sunnah also seek to promote co-operation and support within the family and the society at large.’Adl or Qist (Justice), is indeed a manifestation of God’s Mercy, but may also be seen as a principal objective of the Shari’ah.
One of very important objective is Rahmah (Mercy or Compassion), that seek to eliminate prejudice, alleviate hardship and establish justice. The laws of the Qur’an and Sunnah also seek to promote co-operation and support within the family and the society at large.’Adl or Qist (Justice), is indeed a manifestation of God’s Mercy, but may also be seen as a principal objective of the Shari’ah. An adequate knowledge of the maqasid
thus equips the student of Shari’ah with insight and provides him with a theoretical framework in which the attempt to acquire detailed knowledge of its various doctrines can be more meaningful and interesting.
Explain about How the Quran is used as the first source of Syariah, referring to Principles of Islamic Jurisprudence book by Prof. Mohammad Hashim Kamali,
3rd edition (2005)
Maqasid as-Shariah is very important subject in understanding the whole picture of Islamic law. Without the knowledge about maqasid as-Shariah, people will not be able to see the beautiful of Islam as it has been described in the Quran as the rahmah or mercy to the universe. Maqasid as-Shariah shows that every single law or regulations in the Islamic teaching are meant for the benefit of the whole universe since Islam was revealed to the universe. Shari'ah aims at the welfare of the people in this life and in the life hereafter, and for this purpose it has advised people to adopt such means and measures that may give advantage benefit/well-being to them and may ward off evil/injury/loss, from them.
Maqasid al-Shari'ah comprises those benefits/welfare/advantages behind the revelation of Islamic Laws.
It aims at the attainment of good, welfare, benefits, and warding off evil, injury, loss, etc. for the creatures. (All this in Arabic terminology can be stated as Masalih al-'Ibad.)
Many jurists have tried to explain the aims and objectives of Shari'ah upon which it is established.
Among the outstanding figures are the Malikite Abu Ishaq al-Shatibi, the Shafite al-'Izz ibn 'Abd aI-Salam, and the Hanbalite Ibn Qayyim al-Jawiziyyah.
Many jurists have tried to explain the aims and objectives of Shari'ah upon which it is established.
Among the outstanding figures are the Malikite Abu Ishaq al-Shatibi, the Shafite al-'Izz ibn 'Abd aI-Salam, and the Hanbalite Ibn Qayyim al-Jawiziyyah.
One of very important objective is:
Rahmah (Mercy or Compassion), that seek to eliminate prejudice, alleviate hardship and establish justice. The laws of the Qur’an and Sunnah also seek to promote co-operation and support within the family and the society at large.’Adl or Qist (Justice), is indeed a manifestation of God’s Mercy, but may also be seen as a principal objective of the Shari’ah.
One of very important objective is Rahmah (Mercy or Compassion), that seek to eliminate prejudice, alleviate hardship and establish justice. The laws of the Qur’an and Sunnah also seek to promote co-operation and support within the family and the society at large.’Adl or Qist (Justice), is indeed a manifestation of God’s Mercy, but may also be seen as a principal objective of the Shari’ah. An adequate knowledge of the maqasid
thus equips the student of Shari’ah with insight and provides him with a theoretical framework in which the attempt to acquire detailed knowledge of its various doctrines can be more meaningful and interesting.
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Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
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Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
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• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
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4. THE MEANING OF AL-ISTIHSAN
Literal Meaning
Derived from the root word of :
a. To deem something preferable
b. To consider something good
5. TECHNICAL MEANING
There is no agreement between fuqaha’ on one particular
definition of al-istihsan.
al-Bazdawi: Moving away from the implication of analogy to an
analogy that it stronger than it , or it is the restriction of analogy by
an evidence that is stronger than it.
al-Halwani: Giving up of analogy for a stronger evidence from al-
Qur’an, al-Sunnah ,al-Ijma’ or etc
Al-Sarakhsi: A way of looking at the consequences of the
application of two legal rules and the selection of one that creates
ease and facility.
6. TECHNICAL MEANING
Imam Ghazali defines Istihsan as something that is considered
good by scholars using reasons.
Ibn Qudamah defines Istihsan as the abandonment of one legal
ruling for another ruling which is considered better on the basis of
the Quran, Sunnah, Consensus or etc
Abu Hassan al-Kharkhi defines Istihsan as the departure from the
existing precedent, by taking a decision in a certain case different
from that on similar cases have been decided, for a reason stronger
than the one that is obtained in those cases.
7. THE MEANING OF AL-ISTIHSAN
The Essence
To formulate a decision which sets aside an established dalil for a
reason that justifies such a departure and seeks to uphold a higher
value in the Shariah
Objective of al-Istihsan
To avoid rigidity and inflexibility from literal enforcement of certain
ruling or hukm
9. 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 rules
It is forbidden to sell an object which is not in possession
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.
The rule of Bay al-Salam was established by a Hadith reported from the
Prophet s.a.w.
TYPE A: AL-ISTIHSAN THROUGH THE TEXT [AL-NASS]
10. GENERAL RULING ANOTHER RULING [EXCEPTION]
TYPE A: AL-ISTIHSAN THROUGH THE TEXT [AL-NASS]
11. "Whoever wishes to enter into
a contract of Salam, he must
effect the Salam according to
the specified measure and
the specified weight and the
specified date of delivery."
12. General Rules
It is forbidden to sell an object which
is not in possession
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.
ISTIHSAN
13. The general principles forbids transactions in things that do
not exist at the time of contract.
An exemption was made on the basis of consensus for the
manufacturing contract. [contract of al-istisna’]
TYPES B: AL-ISTIHSAN ON THE BASIS OF AL-IJMA’
General Rules
It is forbidden to sell an object which
is not in possession
The Contract of al-Istisna’
The sale of an object in which the price
was paid in advance and the item is to be
manufactured at a future date.
ISTIHSAN
14. Example is permission to allow the endowment (wasiat)
out of moveable property (al-manqul) such as books,
plates, cups and etc. The Original precedent that
endowment must be in the form of something
permanent (al-aqarat such as houses, lands, buildings
and etc).
TYPES C: AL-ISTIHSAN ON THE BASIS OF AL-’URF
15. Example: the permission for the medical practitioner to look
at the ‘Awra of the sick for a treatment
In principle Doctor is not allowed to see someone else aurat,
however, in the situation of al-Darurah, they are allowed.
TYPES D: AL-ISTIHSAN ON THE BASIS OF NECESSITY
16. Widely used by the Malikites.
The general principles required that the artisans were not to
be held liable for things handed to them unless there is proof
of negligence.
However, the Fourth Caliph, Ali ibn Abi Talid changed the rule,
making the artisans liable for their negligence.(They were
required to show that there had been no negligence).
TYPES E: AL-ISTIHSAN ON THE BASIS OF MASLAHAH
17. THE CLEAR QIYAS THE HIDDEN QIYAS
The Waqf (Charitable endowments) of cultivated land includes the
transfer of all the supplementary rights:
a. Right of drinking (haqq al-shurb)
b. Right of passage (haqq al-murur)
c. Right of flow (haqq al-masil)
even if these rights are not specifically mentioned when the
contract of al-Waqf was made.
Because qiyas between the waqf to the sale and purchase contract
TYPES F: AL-ISTIHSAN THE BASIS OF AL-QIYAS AL-KHAFI
18. EXAMPLES OF AL-ISTIHSAN
The departure from the clear Qiyas to the hidden Qiyas
because the latter is stronger and more effective in
repelling hardship
The departure from a clear ruling to another ruling
because the latter is stronger and more effective in
repelling hardship
19. Original Case
SALE
New Case
Waqf
Effective Cause
Both Sale and Waqf involved
the transfer of ownership
Original Ruling
The attached rights will only
be included in the contract if
they are explicitly identified
?
THE CLEAR QIYAS – QIYAS AL-JALIYY
New Ruling
The attached rights will only
be included in the contract if
they are explicitly identified
20. Original Case
IJARAH
New Case
WAQF
Effective Cause
Both Ijarah and Waqf involved
the transfer of usufruct
Original Ruling
The attached rights included
in the contract even if they
are not explicitly identified
New Ruling
The attached rights included
in the contract even if they
are not explicitly identified
?
THE HIDDEN QIYAS – QIYAS AL-KHAFIYY
21. THE VALIDITY OF AL-ISTIHSAN
al-Istihsan is a valid secondary source of Islamic Law to:
a. The Hanafites
b. The Malikites
c. The Hanbalites
A method of legal reasoning that:
a. Give importance to the consequences of the decision.
b. Identify general principles and exceptions
al-Istihsan is not a valid secondary source of Islamic Law to
the Shafi’ites
“Istihsan is the following of one’s personal whim and amounts to
unjustified legislation”
