Concept of istihsan meaning philippines

5 sources of islamic law

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. Al-Istihsaan means departing from a ruling of Qiyas analogy in a certain case, in a manner that is different from the way similar cases have been decided on the basis of the Quran, Sunnah Prophetic tradition or Ijmaa' consensus of the scholars.

This preference is exercised in order to achieve a more equitable solution because of the rigidity or unfairness that is brought about by strict adherence to the existing law. Therefore, this is leaving the principle because of Istihsaan, and this is called Al-Istihsaan due to the existence of an Islamic text. Another example of Al-Istihsaan is what is called Khiyaar An-Naqd for those who permitted it among the scholars.

What are the 4 sources of islamic law

But if the buyer pays the price during the given period, then the sale is concluded, and if he does not pay during this period, the sale is invalidated. On the other hand, Abu Haneefah and his two disciples, contrarily to Zufar, permitted Khiyaar An-Naqd as a way of Istihsaan due to people's need for it in reality, and because it is in essence a kind of conditioing the choice of breaking the contract by either party.