A Modern Approach Towards Istihsan
Istihsan is not a new source of law. It is not a concept which stems from the sole exercise of one’s conscience. Istihsan can sometimes be applied incorrectly due to misplaced prioritization. Whilst the concept of Istihsan is wide, its proper implementation should never go against clear injunction...
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| Main Authors: | , |
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| Format: | Conference or Workshop Item |
| Language: | en |
| Published: |
2019
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| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/1992/1/FH03-FUHA-19-35782.pdf http://eprints.unisza.edu.my/1992/ |
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| Summary: | Istihsan is not a new source of law. It is not a concept which stems from the sole exercise of one’s
conscience. Istihsan can sometimes be applied incorrectly due to misplaced prioritization. Whilst the
concept of Istihsan is wide, its proper implementation should never go against clear injunctions by the
primary sources. An approach which prioritizes any subjective social values over clear prohibitions and
admonitions found in the al-Quran and as-Sunnah are unsustainable. The objective of this paper to
discuss the role of Istihsan as well as misconception of its role whereby it was cloaked by other
secondary sources especially Maslahah or Masalih al-Mursalah or even Siyaasah as-Shar’iyyah. This is
a doctrinal research. It concludes that in the era of globalization and technological advancement, the
role of Istihsan seems to be more relevant and important. |
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