وقف کے بعض عصری مسائل سے استحسان کی تطبیقات کا تحقیقی جائزہ: Analytical Discourse of Istihsan' compatibility with some contemporary issues

Dr. Muhammad Atiq Ur Rahman; Dr. Muhammad Atif Aslam  Rao

doi:10.51665/al-duhaa.003.01.0158

المؤلفون

Dr. Muhammad Atiq Ur Rahman PH.D Scholar / Director research & Development Al. Habib library Mansehra
Dr. Muhammad Atif Aslam Rao Assistant Professor, Department of Islamic Studies, University of Karachi

DOI:

https://doi.org/10.51665/al-duhaa.003.01.0158

الكلمات المفتاحية:

contemporary issues of Istishan Contemplate this notion as you interact with people, Present a study of some contemporary issues of Istishan based on the principle of Istishan , Explain to the responsible endowments (ministers of endowments) and researchers the idea of how the problems of the present age can be solved in the light of the principle of endowment

الملخص

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.