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What Is Istehsan?
my question is what is istehsan? and is it valid or its not valid? will it be applicable and valid in terms of ;
1) Sadd e zariya based on prohibition mentioned in Quran and Sunnah?
2) Will in be applicable in sadd e zariya based advice of a scholar? for example one scholar prohibiting one thing based on sadd e zariya but then allows in some exception because of benefits?
Can you please also give some examples which ghamidi Sahab accepts as valid istehsan application?
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7 Replies
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What Is Istehsan?
updated 6 months, 3 weeks ago
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7
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Istehsan means taking into account the benefit and welfare of the people while prohibiting a thing in the case of Sadd e zarya.
An example is of the lost husband case. The hanafid scholars are of the opinion that a woman has to wait till 90 years for her husband to return. After 90 years her marriage can be declared void, considering her husband dead. This verdict was later changed for the ease the hardship for the woman.
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@Irfan76 sir is doing it valid and permissible in cases of things that are blocked by Quran and Sunnah on grounds of Sadde Zariya?
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What the Quran has prohibited as a preemptive measure is a lesser evil and can be compromised, if necessary, to avoid hardship.
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@Irfan76 sir here at 20:30 Ghamidi Sahab says that Sadd e zariya is a constant thing and he talked that we don’t make laws in those preemptive measures of Quran and Sunnah, on the grounds of maslihat etc.
https://youtu.be/Ihd6KIPF8gQ?si=6Ujtcp5aTly-tN_v
can you please tell me that is the sadd e zariya of Quran and Sunnah, not subject to istehsan and maslihat?
if no, then is it only for sadd e zariya of Quran and Sunnah or also in other human intellect cases? for example a man thought that if he does a halal thing (which has not been prohibited in Quran and Sunnah) then it can cause him to fall into major sin, so he decides to avoid this on the grounds of sadde zariya, while believing that he is morally obliged to avoid this halal thing, which if he perpetrates and then eventually falls into major sin then he’ll be punished both for major sin and this sadd e zariya violation of doing that halal thing, that preemptive measure. Is such sadd e zariya also not subject to istehsan and maslihat?
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Istehsan and maslihat belongs to general law, they are not topic of shariah.
The point he highlighted is that one should not add or suggest more preemptive measures in addition to the preemptive measures prescribed by Qur’an and Sunnah.
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@Irfan76 sir then what did he mean when he said it’s “müstakil”.
I thought he meant they any directive of sadd e zariya, cannot be waivered based on maslihat etc, then a question came that is it for only Sadde Zariya injunctions, whether in Quran/Sunnah?
or a personal feeling of a man that “i should avoid such halal thing as it can lead to such major sin and if I still do it then I might be held accountable by Allah in and of itself, regardless of whether major sin happens or not”… and then after that he cannot decide to waiver it if he feels a need or a benefit to do that thing based on maslihat. will such thing also include in it?
such questions came in my mind when he said these sentences and the müstakil, so sir what exactly was he mentioning?
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The law applies to general matters, while personal feelings are personal. If a man decides not to marry to avoid possible sins, it is his decision; no general law can apply here.
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