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Old Thursday, March 07, 2013
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Ash-Shafi’i, Malik’s pupil, fumigated against his shaykh for this and said that istihsan amounted to abandoning the evidence for benefit which was tantamount to adopting the principle of benefit alone without attempting to rely on the texts. He criticised that and said that it was wrong and wrote a chapter on that in al-Umm called, “The Chapter of the Invalidation of Istihsan.”

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The basis of the disagreement in this topic is that ash-Shafi’i limits himself to the text in every question in which he gives fatwa. If there is no clear text, then the text is brought to bear. That is by analogy and so there is nothing other than the text with ash-Shafi’i in every question in which he gives fatwa. Malik, however, viewed the Shari’a in a comprehensive way and found that in its heart and goals it was directed to the best interests of people and the avoidance of harm. If a confirmed benefit has no harm connected to anyone, that is the confirmed goal. If there is confirmed harm, then there is confirmed prohibition. This comprehensive view is referred to often in a group of texts like the words of the Almighty, “He has not placed any constraint on you in the deen.” (22:78) and like the words of the Almighty, “Allah desires ease for you; He does not desire difficulty for you.” (2:185) The Messenger, peace and blessings be upon him, said, “No harm and no causing injury.” A critical examination of any legal judgement will reveal that the benefit and averting of harm are both observed in it and are intended by it.

Quote:
1. Introduction
Istihsan means preference of one over another considering the formed good.

When a rule of law deduced by analogy is either in conflict with Ijma or is likely to causes inconvenience owing to its narrowness. The Hanfi jurists refuse to follow it and give preference to rule, which in his opinion would better advance the welfare of man and the interest of justice.
2. Meaning and definition of Istihsan
(I) Meaning
In its literal sense Istihsan means
“to consider something good.”
(II) Definition
(i) By Kharkhi
“In case of some legal problem exception is created from its analogous precedent on the basis of some stronger argument which render it distinguishable.
I did it on the same pattern and it was mere a tukka which turned out a right answer
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