استحسان کےشرائط وارکان کاتحقیقی جائزہ اور عصری معنویت

"AN ANALYTICAL STUDY OF THE ESSENTIAL CONDITIONS AND CONSTITUTIVE PILLARS OF ISTIHSAN WITH SPECIAL REFERENCE TO ITS CONTEMPORARY RELEVANCE"

Abstract

This research article presents a comprehensive analytical study of Istihsan (juristic preference) with particular focus on its essential pillars (arkān), conditions (shurūṭ), and contemporary relevance. The study examines the structural components of Istihsan, namely al-ma‘dūl ‘anhu (the original analogy or general rule), al-ma‘dūl ilayh (the preferred ruling), and wajh al-‘udūl (the legal rationale for departure), as elaborated in classical works of Ḥanafī uṣūl such as al-Sarakhsī, al-Bazdawī, al-Nasafī, al-Ṣadr al-Sharīʿah, and others. Through textual analysis, the research demonstrates that Istihsan does not represent arbitrary reasoning but rather a principled juristic mechanism grounded in stronger evidence, necessity, public interest, or removal of hardship.

The article further explores the evidentiary basis of Istihsan in the Qur’an, Sunnah, and juristic practice, highlighting its methodological legitimacy within Islamic legal theory. In addition, the study addresses the contemporary significance of Istihsan in modern legal and socio-economic contexts, including Islamic finance, technological developments, and evolving contractual frameworks. It argues that Istihsan serves as a dynamic tool for harmonizing foundational legal principles with changing realities while preserving the objectives of Sharī‘ah (maqāṣid al-sharī‘ah).

The findings suggest that Istihsan embodies methodological flexibility within the framework of legal discipline, enabling jurists to balance strict analogy with higher objectives of justice, equity, and public welfare.