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Ijtihad by Ra’y: the main source of inspiration behind Istihsan

Kayadibi, Saim (2007) Ijtihad by Ra’y: the main source of inspiration behind Istihsan. American Journal of Islamic Social Sciences, 24 (1). pp. 73-95. ISSN 0742-6763

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This essay investigates the implementation of istihsan (juristic preference) in the early history of Islam by identifying the concept of ijtihad (independent effort) and ra’y (juristic opinion),both of which played an enormous role in the development of Islamic law. Ijtihad by ra’y (personal judgment in juridical judgment)has been practiced from the time of the Prophet, as reflected in several hadiths narrated by Mu`adh ibn Jabal (d.18/640). The Prophet taught him how to use personal discretion and encouraged the Companions to undertake ijtihad by ra’y with regard to various issues. The criteria of personal judgment in istihsan indicate a direct relationship between istihsan and ijtihad by ra’y. The nature of istihsan, the wisdom behind it, and the wisdom of its use is quite considerable. As istihsan is considered a product of ijtihad, it represents simplicity, ease, and the lifting of difficulties. If the resulting qiyas (analogy) is not in keeping with the Shari`ah’s spirit, then the ruling of similarities should be abandoned in order to give a ruling according to the special evidence that justifies its spirit. The definitions of istihsan, ijtihad, and ra’y; the historical perspective of ra’y; the validity of ijtihad and its implementation at the time of the Prophet and the Companions; and the practices of ijtihad in terms of istihsan among the Companions are all explored in this paper.

Item Type: Article (Journal)
Additional Information: 6485/2399
Uncontrolled Keywords: ijtihad, ra’y, istihsan, juristic preference,juristic opinion, personal judgment,
Subjects: K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning.
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: 04 Dec 2011 10:32
Last Modified: 04 Dec 2011 10:50
URI: http://irep.iium.edu.my/id/eprint/2399

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