Istihsan
استحسان
Pronunciation: is-tih-SAHN
Juristic preference — a method of legal reasoning that allows deviation from strict analogy for the greater good.
Definition
A method of Islamic legal reasoning meaning 'juristic preference.' It allows a scholar to depart from strict analogical reasoning (qiyas) when that reasoning would produce an impractical or unjust result, and instead adopt a ruling that better serves the public interest or the objectives of Shariah. Used particularly in the Hanafi school of thought.
In Islamic finance, istihsan may justify modern product innovations that serve genuine economic needs even if they don't have exact precedents in classical jurisprudence.
Related Terms
Fiqh al-Muamalatفقه المعاملات
Islamic jurisprudence governing commercial and financial transactions.
Shariahشريعة
Islamic law derived from the Quran and Sunnah — the foundation of all Islamic financial principles.
Maqasid al-Shariahمقاصد الشريعة
The higher objectives of Islamic law — preservation of faith, life, intellect, lineage, and wealth.
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Quick Answer
Istihsan (استحسان) — Juristic preference — a method of legal reasoning that allows deviation from strict analogy for the greater good. A method of Islamic legal reasoning meaning 'juristic preference.' It allows a scholar to depart from strict analogical reasoning (qiyas) when that reasoning would produce an impractical or unjust result, and instead adopt a ruling that better serves the public interest or the objectives of Shariah. Used particularly in the Hanafi school of thought.
Key Takeaways
- Juristic preference — a method of legal reasoning that allows deviation from strict analogy for the greater good.
- Category: Governance
- Related: Fiqh al-Muamalat, Shariah, Maqasid al-Shariah
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Last reviewed: 2026-03-06
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