Istihsan and istislah
Istislah as a source of islamic law.
Istihsan meaning in english
Istihsan
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. It is one of the principles of legal thought underlying scholarly interpretation or ijtihad.
Istishab as a source of islamic lawA 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
