The concept of 'Istihsan' in Islamic jurisprudence is primarily attributed to which Islamic scholar?

Explanation

Istihsan, meaning 'juristic preference' or 'equity,' is a principle in Islamic jurisprudence where a jurist departs from an established analogy (Qiyas) in favor of a ruling that serves justice and public interest. Imam Abu Hanifa, the founder of the Hanafi school, extensively employed Istihsan as a source of law, making it a hallmark of Hanafi jurisprudence. While other schools acknowledge it to varying degrees, it is most prominently associated with Imam Abu Hanifa and his disciples.

Good to know

Istihsan literally means 'to consider something good' or 'to approve.' It allows a jurist to prefer a weaker precedent over a stronger analogy if the latter leads to hardship or injustice. Alongside Istihsan, Imam Abu Hanifa also developed the concept of 'Istishab' and relied heavily on 'Qiyas' (analogical reasoning). His school of thought, the Hanafi school, is the oldest and most widely followed school of Islamic jurisprudence, particularly in South Asia, Turkey, and Central Asia.

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