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In the methodology of Islamic legal derivation, the principle of 'Istihsan' (Juristic Preference), utilized heavily in Hanafi jurisprudence, translates to:
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Departing from an established analogical precedent in favor of an alternative ruling that delivers superior justice and public equity
The absolute blind structural imitation of historic legal verdicts without reviewing textual sources
A public policy authority to unilaterally suspend the mandatory payment of agricultural Zakat liabilities
The mechanical selection of legal interpretations using randomized municipal lots during court deadlocks
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Explanation
Istihsan allows a jurist to bypass a strict, literal analogical deduction (Qiyas) if its application yields an impractical or harsh outcome, selecting an alternative text-supported rule that enhances public welfare.…
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Concept Behind This Question
This question focuses on the concept of Istihsan Secondary Principle under the broader topic of Islamic Law.
Related key concepts: Istihsan, Hanafi-Fiqh, Juristic-Preference, Jurisprudence-Methodology.
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Question Details
- Subject:
- Islamic Studies
- Topic:
- Islamic Law
- Subtopic:
- Istihsan Secondary Principle
- Difficulty:
- medium
- Source:
- QUIZZERA Faculty
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