Sunday, 18 October 2009 12:21

Istihsan and The Renewal of Islamic Law

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penThis essay begins with a review of the definition and varieties of istihsan and then looks into the question whether istihsan can be said to be tantamount to particularisation of the effective cause (takhsis al ‘illa). This is followed by a brief comparison of istihsan with the doctrine of equity in western jurisprudence, the historical roots of istihsan and its reception or otherwise by the leading madhahib, and then a brief account of the critique of istihsan by Imam Shafi‘i and others. The discussion proceeds with a review of the methodology of istihsan and advances, in its final section, a perspective as to how istihsan can be utilised as an instrument of consolidation between the conventional methodology of usul al fiqh and the substantive themes of the maqasid al shari‘ia....Download the full article in pdf attachment (below)
Mohammad Hashim Kamali

Professor Dato' Dr. Mohammad Hashim Kamali is founding CEO of the International Institute of Advanced Islamic Studies (IAIS) Malaysia.