للاتحسان دميومة للشريعة لسالمية ف ضوء للقرآن دللسنة دفقه للسلف
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...
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| Format: | Article |
| Language: | English |
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Penerbit Universiti Kebangsaan Malaysia
2022
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| Online Access: | http://journalarticle.ukm.my/21183/ http://journalarticle.ukm.my/21183/1/Alth_10.pdf |
| Summary: | 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. |
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