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Formation of the concept of Istiḥsan in Islamic Law

Kayadibi, Saim (2011) Formation of the concept of Istiḥsan in Islamic Law. In: Pool Finance Economic System: Law, Democracy, Alliance of Civilization. IIUM Press, Kuala Lumpur, pp. 181-217. ISBN 9789674181215

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The concept of istiḥsān (juristic preference) played a crucial role in intellectual heritage of the history of Islamic law and the development of Islamic legal reasoning through putting human’s contribution into judgments based on primary principles of securing ease and avoiding hardship. In the process of formation of istiḥsān, the concept of qiyās (analogy) was the main factor. When the result of qiyās would cause hardship to the people, the concept of istiḥsān was applied giving preference to unconsidered evidence which may eradicate hardships. No technical definition of istiḥsān have reached us from the very early Islamic legal history, despite the notion of istiḥsān has been used throughout the history of formation of Islamic law. This paper intends to investigate empirically the historical journey of istiḥsān which was applied researching its traces throughout the history of Islamic legal reasoning and critically discuss their applications in Islamic law giving special emphasis on relationship with the concept of qiyās.

Item Type: Book Chapter
Additional Information: 6485/17302
Subjects: K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Kulliyyah of Economics and Management Sciences > Department of Economics
Depositing User: Assoc. Prof. Dr. Saim Kayadibi
Date Deposited: 30 Jan 2012 16:04
Last Modified: 22 Feb 2013 10:26
URI: http://irep.iium.edu.my/id/eprint/17302

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