وقف کے بعض عصری مسائل سے استحسان کی تطبیقات کا تحقیقی جائزہ

Analytical Discourse of Istihsan' compatibility with some contemporary issues

Abstract

Istihsan distinguishes issues from their perspective based on a specific argument. An argument that demands a shift from one order to another requires justice. With this concept, Istihsan is not a matter of dispute. However, in the case of a disagreement among scholars, the mujtahid has to apply Istihsan to something known and reasonable based on his intellect following its basic rules such as the compliment should be for Shariah and should not oppose it and the person making the compliment should be well familiar with Shariah.

The primary issue is to sort out that it is permissible to research the applications of Istihsan from some contemporary issues of Istihsan. This article is aimed to present a study of some of the current issues of Istihsan in which the argument of praise is effective and hold a difference among the leading and the last scholars. Along with the introduction, conditions, and types of Istihsan, the article discusses the influence of two forms of Istihsan in contemporary issues.

The first is the Istihsan of secret conjecture instead of assumption, and the second is the Istihsan for any expediency. Istihsan is similar to a sale in which it is not permissible to set a time. However, the secret implication is that the endowment's purpose is to benefit those suspended.

The research made proves the significance and the broader exposure of Islamic laws. Moreover, it invites the learners to indulge in this aspect of Sharia laws and brings out a beneficial study for the Muslim Ummah.