Istihsan and

Istishab
PREPARED BY
MUHAMMAD AZIZOL / LUQMANUL HAKIM /
DZOELKARNAEN

CHAPTER REVIEW
ISTIHSAN
-MEANING
-EXAMPLE OF ISTIHSAN
-TYPES OF ISTIHSAN
-JUSTIFICATION OF ISTIHSAN
ISTISHAB
-DEFINITION
-EXAMPLE OF ISTISHAB
-TYPES OF ISTISHAB
-VALIDITY OF ISTISHAB

ISTIHSAN
DEFINITION
LITERALLY
To Consider Something Good
AL-BAZDAWI
Moving Away From sThe Implications Of Analogy To An Analogy That Is Stronger
Than It, Or It Is The Restriction Of Analogy By An Evidence That Is Stronger Than It
AL-HALWANI
Giving Up Of Analogy For Stronger Evidence From The Book (Al-quran), Sunnah Or
Ijma

ISTIHSAN
EXAMPLE OF ISTIHSAN
CONTRACT OF SALAM
The contract of Salam were prohibited by Qiyas, as there exist delay in the
exchange of foods items listed in the tradition of riba. However, the tradition
from the Prophet that says that he made an exemption in the case of Salam.

ISTIHSAN
TYPES OF ISTIHSAN
Istihsan Through The Nass
Istihsan On The Basis Of Ijma
Istihsan On The Basis Of What Is Good (Maruf)
Istihsan On The Basis Of Necessity (Darurah)
Istihsan On The Basis Of Maslahah
Istihsan On Basis Of Qiyas Khaf

ISTIHSAN
JUSTIFICATION OF ISTIHSAN
Imam Al-Shafie said that Istihsan is the following of ones personal whim and
amounts to unjustified legislation. Some of the verse in the Quran order the
mankind to obey Allah and Prophet, and do not following their(mankind) own
desire (nafs).

ISTISHAB
DEFINITION
The word istishab means the continuance of companionship.
Technically it means the presumption of continuance if an earlier
rule or its continued absence. The previous rule is accepted
unless a new rule is found that goes against it.

ISTISHAB
PRINCIPLE


The original rule for all things is permissibility
that is the presumption is that all things are
permitted, unless prohibited by the shariah.


This principle means that there is no
presumption of liability against anyone and all
liability has to be proved. This principle is more
of a procedural nature and places the burden of
proof on the person making a claim.


This means that once a thing is established
beyond doubt, it can only be set aside through
equally certain evidence. If person is sure that
he has performed ablution and later doubts this
he is presumed to be ritually pure till he is
certain that he is not.

ISTISHAB
TYPE OF ISTISHAB
Principle Istishab certain forms was accepted by Imam Shafie and Hanafi. Al
Sarakshi discusses a board principle in legal reasoning where there is no dalil.
Where the absence of dalil is known with certainty.
Where after pondering over the general evidences it is obvious to the jurist
that there is an evidence that will change the existing hukm
Where the continuance of a hukm is alleged without making an effort for
seeking an evidence that will change the rule
Istishab for establishing a rule an initio