Istihsan: Equity and Juristic Preference in Islamic Law

Abstract

Istihsan, often translated as juristic preference or equity, holds an important place in Islamic jurisprudence, especially within the Hanafi School. Based on the principle of selecting the more just or practical ruling over strict analogy, it aims to promote public interest and prevent hardship. Although controversial and rejected by some schools like the Shafi'i, Istihsan has been acknowledged and defended by scholars as a necessary tool for maintaining the flexibility and adaptability of Islamic law. This paper examines the linguistic, conceptual, and doctrinal aspects of Istihsan, its relationship to Qiyas and Ra’y, examples from classical jurisprudence, and its theoretical legitimacy across different schools.