Istihsan : The Doctrine of Juristic Preference in Islamic Law /
Kayadibi, Saim
Istihsan : The Doctrine of Juristic Preference in Islamic Law / Saim Kayadibi - Petaling Jaya, Selangor : Islamic Book Trust, 2010. - xxxvi, 347 p. ; 23 cm.
"The research work embodied in this thesis constitutes a critical analysis of classical and modern aspects of the concept of Istihsan (juristic preference) in Islamic law, an important principle in Islamic legal legislation throughout history. The thesis consists of four chapters. The introductory chapter is the theoretical basis of the study and comprises a brief understanding of some general principles of Islamic law; the Quran, the Sunnah, ijma (consensus), qiyas (analogy), maslahah mursalah (consideration of public interest), istishab (presumption of continuity), qawl al-Sahabi (the saying of the Companion of the Prophet), urf (custom), sadd al-dharai (blocking the means), shar' man qablana (revealed laws preceding to the shariah of Islam) and istiqra and so on. Chapter 2 deals with the development of ra'y and ijtihad in the context of istihsan. Chapter 3 begins with definitions of the term istihsan ... Chapter 4 is devoted to the types of istihsan and the division among the scholars with practical examples." - Abstract.
Includes bibliographical references and index.
9789675062476 (pbk.) RM55.00 (each)
Islamic law -- Interpretation and construction.
Islamic law -- Sources.
Islam --Doctrines.
Judgments (Islamic law)
Istihsan : The Doctrine of Juristic Preference in Islamic Law / Saim Kayadibi - Petaling Jaya, Selangor : Islamic Book Trust, 2010. - xxxvi, 347 p. ; 23 cm.
"The research work embodied in this thesis constitutes a critical analysis of classical and modern aspects of the concept of Istihsan (juristic preference) in Islamic law, an important principle in Islamic legal legislation throughout history. The thesis consists of four chapters. The introductory chapter is the theoretical basis of the study and comprises a brief understanding of some general principles of Islamic law; the Quran, the Sunnah, ijma (consensus), qiyas (analogy), maslahah mursalah (consideration of public interest), istishab (presumption of continuity), qawl al-Sahabi (the saying of the Companion of the Prophet), urf (custom), sadd al-dharai (blocking the means), shar' man qablana (revealed laws preceding to the shariah of Islam) and istiqra and so on. Chapter 2 deals with the development of ra'y and ijtihad in the context of istihsan. Chapter 3 begins with definitions of the term istihsan ... Chapter 4 is devoted to the types of istihsan and the division among the scholars with practical examples." - Abstract.
Includes bibliographical references and index.
9789675062476 (pbk.) RM55.00 (each)
Islamic law -- Interpretation and construction.
Islamic law -- Sources.
Islam --Doctrines.
Judgments (Islamic law)