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Al-Karkhi defines Istihsan as follows: "Istihsan is when one takes a decision on a certain case different from that on which similar cases have been decided on the basis of its precedents, for a reason which is stronger than one found in similar cases and which requires departure from those cases." [4]
Phrases similar to forbidding evil and commanding good can be found examining texts of ancient Greek philosophers-- Stoic Chrysippus (d.207 BC) and Aristotle (d.322) -- and the founder the Buddha. [27] A particularly similar formulation is found in the book of Psalms: "Depart from evil, and do good; seek peace, and pursue it". (Psalm 34:14)
Principles of Islamic jurisprudence (Arabic: أصول الفقه, romanized: ʾUṣūl al-Fiqh) are traditional methodological principles used in Islamic jurisprudence (fiqh) for deriving the rulings of Islamic law ().
Istiṣḥāb (Arabic: استصحاب transl. continuity) is an Islamic term used in the jurisprudence to denote the principle of the presumption of continuity. [1] It is derived from an Arabic word suhbah meaning accompany. [2]
Hanafi istihsan based on necessity is, however, less broad than Maliki istihsan based on public welfare . [ 10 ] Istihsan emerged out of concerns among Hanafis that unrestrained qiyas could lead to results that were absurd or contradicted the sunnah . [ 105 ]
Istislah (Arabic: استصلاح, lit. ' to deem proper ') is a method employed by Islamic jurists to solve problems that find no clear answer in sacred religious texts. It is related to the term مصلحة Maslaha, or "public interest" (both words being derived from the same triconsonantal root, "ṣ-l-ḥ"). [1]
Istihlal (Arabic: استحلال istiḥlāl) is a term used in Islamic jurisprudence, or fiqh, to refer to the act of regarding some action as permissible, or halaal, although it is haraam; the implication is that such a regard is an erroneous and improper distortion of Islamic law.
Maslaha or maslahah (Arabic: مصلحة, lit. ' public interest ') is a concept in Sharia (Islamic divine law) regarded as a basis of law. [1] It forms a part of extended methodological principles of Islamic jurisprudence (uṣūl al-fiqh) and denotes prohibition or permission of something, according to necessity and particular circumstances, on the basis of whether it serves the public ...