Istihsan

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Usul al-fiqh

(The Roots of Jurisprudence)

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Istihsan (استحسان) is an Arabic term for juristic "preference". Muslim scholars may use it to express their preference for particular judgements in Islamic law over other possibilities. It is one of the principles of legal thought underlying personal interpretation or ijtihad.

Proponents of liberal movements within Islam have used istihsan and the similar idea of istislah (Arabic for "to deem proper") as ethical principles to favour feminist and reformist interpretations of the Qur'an and thus reform Islamic law.

[edit] References

  • Kamali, Mohammad Hashim. Principles of Islamic Jurisprudence. (2).
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