Jenis istihsan in islamic law

Islamic legal term for juristic discretion

Istiḥsan (Arabic: ‏اِسْتِحْسَان‎) is an Arabic term for juristic discretion.

In its literal sense it means "to consider something good". Muslim scholars may use it to express their preference for particular judgements in Islamic law over other possibilities.

Jenis istihsan in islamic law

It is one of the principles of legal thought underlying scholarly interpretation or ijtihad.

A number of disputes existed amongst the classical jurists over this principle with the Hanafi school of jurisprudence and its jurists (fuqahah) adopting this as a secondary source.

It is not the same thing as istislah, which plays a prominent part in other schools, including Maliki school, or istihlal, which is a derisive term for deeming something forbidden as permissible.

Etymology

Istiḥsan (استحسان[istiħsaːn]) is an Arabic word derived from the word al-husn (الحسن) which means good which is the opposite meaning of al-qubh (القبح) which