URDU-PRINCIPAL OF ISTIHSAN: ANALYTICAL STUDY OF FOUR AIMMA' S VIEWS

اصولِ استحسان: ائمہ اربعہ کی آراء کا تجزیاتی مطالعہ

Abstract

In case of solving the issues based upon the human necessities and expedients with reference to clear analogy or common rules, when such type of results appear which do not correspond with the universally accepted purposes of Sharia‘h due to the variety of occasions, consecutive  new necessities and change of language and place so in this condition, leaving the common rules, the way which is adopted in the light of the Sharia‘h arguments to act upon these purposes, is called Istiḥsān (juristic preference).That in this way, under the purpose of Sharia‘h new order is declared Ḥasan or Mustaḥsan. So that the welfare may increase and Injuriousness may be thrown away. So that this command may become harmonious to divine wisdom. In this way, to search the purposes of Sharia‘h on the basis of the Sharia‘h arguments (The Holy Qur’ ān, Sunnah, Ijmā‘, Qiyās, Necessity, Expedient and Ūrf) is called Istiḥsān instead of following apparent words and shapes of the sources of Sharia‘h(The Holy Qur’ān, Sunnah, Ijmā‘, Qiyās). Istiḥsān searches the way to stabilize the justice in news circumstances and it encourages the flexibility and justice in law and judicial process. It finishes the gap between the law and social realities. Moreover it carries the mention worthy capability regarding the reformation and renewal of the law. There are seven types and some principles of Istiḥsān, which guide us towards the extraction of commands through Istiḥsān. Istiḥsān can only work when it is according to the principles stated by the scholars. The study is an effort to throw light on Istiḥsān, and its usage in different schools of Islamic Jurisprudence.