Common questions

What is the concept of Istihsan?

What is the concept of Istihsan?

istiḥsān, (Arabic: “to approve” or “to sanction”) in Islamic law, juristic discretion—i.e., the use of a jurist’s own judgment to determine the best solution to a religious problem that cannot be solved by simply citing sacred texts.

How many types of Istihsan are there?

Types of Istihsan Istihsan on the basis of consensus (ijma) Istihsan on the basis of what is good (maruf) Istihsan on the basis of necessity (darurah) Istihsan on the basis of benefit (Maslahah)

How many fiqh are there?

Fiqh deals with the observance of rituals, morals and social legislation in Islam as well as political system. In the modern era, there are four prominent schools (madh’hab) of fiqh within Sunni practice, plus two (or three) within Shi’a practice. A person trained in fiqh is known as a faqīh (plural fuqaha).

What are the three main components of Usul fiqh?

The field of uṣūl al-fiqh encompasses theoretical discussions of the nature of the religious law, its relationship to reason and ethics, and its derivations from the Qurʾān, the Prophet’s Sunnah (practice of the Prophet Muhammad as transmitted through his sayings, actions, and tacit approval), ijmāʿ (consensus of …

What do you mean by istihsan and Istidlal?

Abu Hanifa developed a new source called istihsan, or juristic preference, as a form of analogical deduction (qiyas). Thus the principle of istihsan is applied, and the public may use the well for ritual purification. Istidlal: Istidlal means infering a ‘thing’ from another ‘thing’.

What is the meaning of ijtihad?

ijtihād, (Arabic: “effort”) in Islamic law, the independent or original interpretation of problems not precisely covered by the Qurʾān, Hadith (traditions concerning the Prophet Muhammad’s life and utterances), and ijmāʿ (scholarly consensus).

What do you mean by Istihsan and Istidlal?

What is Gharar Yasir?

Gharar yasir (“light” gharar) (also gharar qalil, “nominal” gharar) refers to small or trivial amounts of gharar which are tolerated (halal).

What is difference between Fiqh and Usul Fiqh?

Usul fiqh is a methodology and rules and principles which guide the jurist to derive legal rules from the original sources. it is a methods of derivation of rules. Whereas fiqh derives Islamic ruling by using those legal rules in the light of the Usul fiqh methodology.

Who is the founder of Usul al-Fiqh?

Although Shāfiʿī, described already as the architect of the theory of the four sources, may also be regarded as the founder of ʿilm uṣūl al-fiqh, especially by virtue of his treatise known generally as the Risālah, the primary agents in the development of this science in the century or so after Shāfiʿī were a number of …