Examining the scope, rules and criteria of preferred Istiḥsanfrom the point of view of Islamic jurists

Articles in Press

Document Type : Research Paper

Authors

1 Student at the International University of Islamic Religions

2 Assistant Professor at International University of Islamic Denominations

10.22034/fm.2024.405993.2055

Abstract

The jurists of Islamic religion have determined the rules and criteria by using the preferred Istiḥsan to reach the desired Shariah rulings.This work, with the passage of time, caused the expansion of this science.Now the main question of this research is based on what was the preferred Istiḥsan and what are its criteria?And what are the laws of the preferred Istiḥsan among each of the four religions?Based on, this research after familiarizing with the preferred Istiḥsan and its criteria, which include: expediency, permission and necessity, examined the laws of the preferred Istiḥsan in two different categories, general and specialized, in four Sunni religions, including: Hanafiyyah, Malikiyyah, Shafiyyah and Hanbaliyyah.In this article, with a descriptive-analytical method and using library sources, the researcher examines the view that if a capable mujtahid has mastered expediency, necessity and permission, which are the three basic elements of this issue, and set a limit for it, can use this argumentative-preference method.

Keywords

Fiqhe Moqaran

Articles in Press, Accepted Manuscript
Available Online from 20 February 2024

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