فقہ حنفی و شافعی میں استحسان کا تصور (تجزياتی وتقابلی مطالعہ)
The Concept of Istihsan in Hanafi and Shafi‘i Jurisprudence (An Analytical and Comparative Study)
Keywords:
Istihsan, Hanafi Jurisprudence, Shafi‘i Jurisprudence, Qiyas, Legal Reasoning, Usul al-Fiqh, Comparative Fiqh, Qualitative Research, Islamic Legal Theory, Juristic PreferenceAbstract
The Hanafi scholars consider istihsan a valid legal principle, preferring a qias e khafi over a qias e jali due to the strength of the evidence. However, Imam Shafi'i does not consider it valid. According to Imam Shafi'i, istihsan is arbitrary personal desire. In reality, all jurists have employed istihsan, albeit under different names. This article examines what Imam al-Shafi‘i actually meant by this concept. The study employs a qualitative research method, and the researcher concludes that just as istihsan has been applied in Hanafi jurisprudence, it has also been utilized in Shafi‘i jurisprudence, albeit under different names.
The author recommends that research students conduct further investigation on this topic and identify additional examples demonstrating which jurists have employed istihsan in their respective legal schools.
