| Popis: |
Many studies have been conducted on the concept of istihsan, which we think best reflects the original identity of the Hanafi legal theory; some of them were carried out in a specific Hanafi substantive law work, as they aimed to reveal the place and function of the principle of istihsan in practice. In this article, we examined the examples of istihsan in which the word "istihsan" and its derivatives are not used that we selected by reading the entirety of al-Asl, which is the most basic and voluminous work of the Hanafi school. As a result of this examination, it is understood that to indicate istihsan and qiyas, some examples use only the concept of qiyas, some use different words and phrases and others are contented with enouncing only the legal ground or the provision of istihsan. Additionally, in our article, we aimed to show that it is not possible to reach comprehensive and accurate conclusions about the understanding of istihsan in al-Asl with a study in which these examples, which are too numerous to be ignored in al-Asl, are dismissed. |
