Applications of Istihsan in Hanbali Jurisprudence in the Chapters on Criminal Law *(A Practical Usul al-Fiqh Study)*

Authors

  • عمر الغفيص Department of Islamic Jurisprudence and Fundamentals, College of Sharia and Law, University of Idlib Author
  • د.إبراهيم شاشو Department of Islamic Jurisprudence supervisor
  • د.محمد عبد الحي جامعة إدلب، كلية الهندسة الزراعية supervisor

Keywords:

Istihsan, Applications, Hanbalis, Criminal Law

Abstract

The research examines the definition of *istihsan* both linguistically and technically, and discovers the debate among jurists about its validity as a legal proof. Further, it delves into the issues where Hanbali scholars have used *istihsan* as evidence in criminal law matters, aiming to apply it to a contemporary legal case.

 

The research employed an inductive and analytical methodology, tracing the various aspects of the topic through an exhaustive review of scholarly material and jurists' opinions on relevant issues by analyzing them and examining the evidence provided. The researcher also attempted to follow jurists' approach in applying *istihsan* to a contemporary issue

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Published

2026-02-09

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Section

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