The Reason Behind Imam Al-Shafi'i's Denial of Commendation- A Contemporary Applied Jurisprudential Study

Abstract

This study identifies the reasons for Imam Al-Shafi'i's rejection of “Istihsan” or juristic preference. The study explains the concept of Istihsan, its components, the schools of jurisprudence, “ijma'” or consensus, and the attitude of ancient and contemporary jurists towards Istihsan. Scholars' opinions regarding acceptance or rejection are also presented. Contemporary applications are examined where jurists have employed Istihsan, highlighting its legitimacy and its impact on facilitating matters for Muslims in their daily lives. Istihsan is a fundamental principle of Islamic jurisprudence aimed to facilitate Muslims' lives while adhering to the divine law. Jurists reject Istihsan based on legal evidence and serve the objectives of the Sharia, as well as being a legitimate argument in itself. Furthermore, the study explores contemporary jurisprudential issues and branches based on Istihsan, their formulation, and grounding. This enables jurists to apply fundamental jurisprudential principles to the evolving issues and circumstances of people's lives.