الاستحسان وديمومة الشريعة الإسلامية في ضوء القرآن والسنة وفقه السلف

Abstract

A closer examination of the definitions of Istiħsan reveals that its truth lies in: preferring a hidden analogy over a clear analogy based on evidence or excluding a partial issue from a general rule or a general principle because special evidence is required. And the fact that the consideration of the consequences of the application is legally confirmed and supported by the principle of desirability, which aims to investigate the interest during the application of the ruling by making an exception from the requirements of rules and measurements, and the example of approval: the use of the right that requires clear damages to others, even if they were not intended. The prohibition of the right holder from using his right in this manner is used to document the principle of interest; because rights were not legislated to harm others, the contradiction to the Lawgiver's intent in this use is obvious, even if users appear to be based on a right. At the same time, Istiħsan is one of the aspects of Islamic law's continuity and permanence. Because the world exists and accidents and facts are new, we must download texts on the ground in the spirit of the age, through exceptions or graduations suitable for every time and place, and in every circumstance and situation, from which we expect that studies of the Qur'an and Sunnah will have a prosperous future in the coming time.