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Jordan Journal of Islamic Studies

Jordan Journal of Islamic Studies

Abstract

This study identified the meaning of the Istehsan in the Hanafic scholars, and the arguments of the jurists regarding whether to consider it as a legal evidence. The study free the dispute in the adoption of the Istehsan and its types by the jurists, it also showed the difference between the fixed deductive analogy Istehsan and the rest of the other types, it also proved the authoritative preference and its controls in the Hanafic scholars, reaching to opinions of jurists to consider it as a source of legislation.

The study also showed that the Istehsan taken by the Hanafic scholars was based on legitimate evidence, and that their deviation from analogy in such questions was in line with the spirit of Sharia and the wisdom of legislation, and further discharging people and alleviate their burdens which is al-in-all the purposes of legislation

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