Ihtisan: In terms of the language is to assume something is good or something that is liked by one and tends to him even considered bad (not like) by others.
Istihsan terms of the term can also bahagi to some views. Istihsan is one of the sources of law rather than Islamic law but It is classified in the sources of law that are not agreed upon. By the way, scholars disagree about kehujahan istihsan, there is kerana scholars accept and reject istihsan. Among scholars who received kehujahan istihsan is Hanafiah scholars, Imam Malik and partly Hanbali scholars. When puala, among scholars who reject kehujahan istihsan dam is Imam Shafie scholars of Shafi'i and Hanbali scholars partly.
Scholars who received istihsan istihsan found that free is one way to find the best solution for the benefit of common people. When Besides,
according to clergy who refused kehujahan partly istihsan, if this is justified istihsan be paving the way for the use of common minds without sekatan which he exposed to a mistake in a legal setting. This law will be made based on his deep passion and mind, while the right to make laws is Allah
According to the Hanafi school:
There are two terms namely:
1) Qiyas illahnya kerana subtle hidden or away from the memory of the heart cease to apply in the circumstances against a clear Qiyas illahnya bersegeranya to recall his deep heart at the beginning of the ranking.
2) Excluded problem or perfect than the whole concept of public kaedah kerana no specific arguments mengkehendaki same exception that there is a special proposition composed than Nas or emergency situation (emergency) or uruf or interests (beneficiaries) or other.
According to the Maliki School:
Prioritize living thing and allow menyalahinya kerana arguments exist other arguments against sebahagian than his will.
According to the Hanafi school:
Turning in something of a problem rather than punishing the problems are comparable with the proposition that there is a special kerana consisting of Al-Quran or Sunnah.
According to the Shafie School:
Something good cases contemplated by the mujtahid.
The ulamak mentakrifkan istihsan as a shift from the Qiyas Qiyas jaliy khafiy or exclude from the origin of the problem juz'iyyah kulliy or kaedah commonly based on the proposition that causes this transition. Among the characteristics istihsan is switching from using Qiyas Qiyas khafiy jaliy to use specific arguments based. In addition, cirri istihsan problem is to use something from a common origin or kaedah based on the specific arguments.
In the formula istihsan is switching than with Qiyas law diistinbatkan jaliy to laws issued by Qiyas khafiy or exception of one-on-one problem juz'iyyah than kaedah shaped kulliy kerana other arguments are more loved by someone mujtahid to do so.
HISTORY OF SOURCES istihsan
Before Abu Hanifah used the term istihsan, previous scholars have used this term. Iyas ibn Mu'awiyah Umaiyah a judge in the government once said:
"I find qadhi not, but what is considered a good man".
After Abu Hanifah become a mujtahid and expert in the field of legal philosophy, the term is often used istihsan so its use is similar to qiyas. Eg Abu Hanifah said:
"Qiyas decided way, was istihsan decides so. We take istihsan. Qiyas decide this, but we beristisan, history would have been had it not been my use qiyas. We set such a way istihsan, incompatible with qiyas ".
Imam Abu Hanifah known as a lawyer who is very clever use of resources and many refer istihsan problems by source istihsan. Imam Abu Hanifah was almost held 'priest istihsan' as he held ahlul ra'yi priest.
Muhammad Ibn al-Hasan, one of the students of Imam Abu Hanifah has said:
"Abu Hanifah was already discussing with his friends about qiyas. They can deny it. But when Abu Hanifah said: I beristihsan, no more people who match kerana many arguments adduced istihsan in various issues ".
Then the students who achieved darjat ijtihad to follow the trail of Abu Hanifah. So many problems have arisen based istihsan so they gave the sense that free istihsan it is a proposition of law, and the mujtahid should know. Muhammad Ibn al-Hasan found that free issues istihsan know is qualified for ijtihad.
Muhammad Ibn al-Hasan said:
"Knowing the problems istihsan by the jurists is one of the requirements of ijtihad, the same as knowing the arguments of others."
Imam Abu Hanifa himself said:
"Whoever knows the Bible and As-Sunnah, the Companions of the Messenger of opinion and what diistihsankan by the jurists, it can be his ijtihad on issues they face and the way he runs it against solatnya, fasting, Hajj and all that is commanded and are prohibited. So when he ijtihad and it can be like it berqiyas to a charity with which he is so even when he's wrong ijtihad ".
Abu Hanifa himself did not assert that istihsan definition, of opinion, istihsan used as the legal arguments used to oppose istihsan qiyas and strengthen it when it conflicts with qiyas. Istihsan intent is not light, except on a few issues that are hadith or athar.
He used to say:
"If there is no athar, I certainly hold on qiyas. If there is no history, I would have been adhered to qiyas. "
It should not be said that free Abu Hanifah, Malik, and friends beristihsan without using arguments syarak, but actually they do not explain the arguments they mean, and they really want with that opinion. It is not so menghairankan, kerana time period not yet occurred pentakrifan new terms. That period was a time of ijtihad and they were recognized by the public as experts ijtihad. Imam Syafie struck with very sharp when he heard the followers of Imam Abu Hanifa used istihsan when discussing with him without explaining the purpose term.
Perhaps debater debater-Imam Abu Hanifa used the term without knowing anything istihsan kerana their arguments bertaklid to their priests. When Imam Syafie asked them about the nature istihsan, they can not answer. Imam denied Syafie people often use words to be arguments Consensus them without their basic calling them handle it. Opinions Syafie Imam, both in Umm Al Ar Proceedings mahupun firmly say that free istihsan without arguments can not be accepted even haram done.
In Proceedings of Imam Ar Syafie said:
"Real bastard on someone set something istihsan way, if it's against tradition istihsan. And should no longer someone says: 'I beristihsan not use qiyas'. If we may mengenepikan qiyas, so-so for the reason of the experts who do not have the knowledge to say something that does not exist on the basis of tradition against istihsan. Istihsan was actually just looking for a tasty sake only ".
In the book al-istihsan Ibtal, Imam Syafie explain the arguments asserted that free muftis should not berfatwa with istihsan, kerana kalu berfatwa with istihsan bererti he has deviated from the Quran and Sunnah, al-ijma and qiyas. And he followed his own bererti.
In this issue David Ibn Ali Imam Syafie agree, as scholars agree fahaman Hanbaliyah Imam Abu Hanifa and Imam Malik.
In Proceedings of the book Al-Usul, David asserts:
"Indeed establish something with qiyas is not mandatory, and should not be used istihsan".
Shafiyuddin Qawa'idal Al Baghdadi in his book proposal and Qadamah Ibn Al Maqdisi in his book stating that free Raudhatun Nazhir Imam Ahmad ibn Hanbal agree with the view of Imam Abu Hanifah in this matter.
Thus the development of the first phase of the position istihsan. One party uses legal istihsan for something they want even if they have not been able to actually istihsan menernagkan nature and the other party from using istihsan rejected on the grounds that free istihsan is by sheer thought.
After a period of making the argument for the basics that are used after the time of Imam Syafie, then the figures of the Hanafi school of fiqh made pentakrifan istihsan and explain the real nature of what they reveal of the branches of law dinukilkan than priests. However, that was created pentakrifan still can not let go of the arena istihsan dispute.
EXAMPLE istihsan ULAMAK Hanafi
Among examples of the use istihsan by ulamak Hanafiah terbahagi to two namely:
1) the argument istihsan qiyas khafiy
2) the pemgecualian istihsan argument is maslahah
The evidence for Khafiy istihsan Qiyas.
Examples are as follows:
i. Women berhaid must read Al-Quran by istihsan and forbidden by al-Qiyas. Pengharamannya by the al-Qiyas, kerana It was at qiyaskan with the berjima 'which Illah (reason) is the same namely both together in an unholy and forbidden to read the Koran. Walaubagaimanapun, law is a must for a woman who is in a state of menstruation to read Al-Quran by istihsan. It kerana menstruation and berjima 'is not the same from the point of time. Long periods when the period berjima 'is a snap. By that women are in a state of menstruation is required to read the Al-Quran, if not in the entire period beerti long period that he could not beibadat by reading the Quran, while he can read it all the time.
ii. According to the scholars' Hanafiah and according to al-Qiyas light (jaliy), the remaining birds are unclean and forbidden Helang, kerana he diqiyaskan with the rest of the other wild animals such as tigers and wolves. Based haram meat eaten. According istihsan Similarly, the remaining birds and bird Helang penyambar others are not unclean, kerana animal eat and drink using the beak and he is an holy man diqiyaskan with a clean mouth. By then, though edible flesh haram but drool coming out than meat does not mix with the rest of the food he ate he drank kerana using instead lidah.Walaubagaimanapun part, the rest remain unclean beasts by istihsan and al-Qiyas kerana him drink using the tongue mixed with saliva is unclean.
Istihsan The evidence for this exception is Maslahah.
Examples are as follows:
i. Laws do syarak medium or purchase agreement for which no time barangan contract. Based istihsan, should the share purchase agreement, lease, hire or make tempahan wages or any other matters at the time barangan that no contract. Argument and the reason is his deep istihsan use human need and have a habit of running their affairs in such a manner.
ii. Ulamak setting fool (safih) tasarruf invalid or tabarrru 'associated with their property. However, istihsan require and exclude them tasarruf with mewakafkan treasure for themselves as they live. Istihsan usage is on the basis of keeping their property rather than exhausted and spent in vain.
Istihsan-Courant Courant.
Istihsan With Nas
Istihsan with nas intends case on any issue that shows that contrary to the law and totally different to having a set kaedah nas than Allah SWT.
In other words, istihsan is a particular passage that specifically than Allah SWT on certain juzuk to conflicting or differing legal than legal origin although the same problems that sickle and kaedah It became common.
For example Fasting is not canceled if eaten accidentally caused forget. According kaedah general and al-Qiyas, fasting someone canceled his deep he did not restrain themselves rather than putting something into the body cavity. But the law is excluded by tradition than common kaedah king saw:
من اكل او شرب ناسيا فلا يفطر فانما هو رزق رزقا الله
Does that mean:
Those who forgot while he was fasting and he ate or drank, then let him menyempunakan fasting. Verily Allah gives food and drink to him. (Reported by Al-Bukhari and Muslim and At-Tarmizi and Abu Dawud and Ibn Majah)
Another example is the sale of greeting. Prophet forbade the sale was not in place when the contract. Nasnya proposition:
من اسلف منكم فليسلف في كيل معلوم ووزن معلوم الى اجل معلوم
Istihsan With Consensus
Istihsan with Consensus is a transition of the law on the one issue that has become common to the legal kaedah diistinbat through ijma. He terhasil after clerics' mujtahid berfatwa something about the opposite problem with kaedah public about similar problems with it.
In other circumstances, the mujtahid mengingkarkan silent and not what is done by the community, which he opposed to the general kaedah set. For example, if the unauthorized sale diqiyaskan regards to the sale and purchase agreement, kerana belim diakadkan objects form when the contract. By kerana selling greeting is good and necessary in society, the scholars' think better and should. Another example is a fee to use the water chamber and al-Istisna '.
Istihsan Based Uruf
This applies to issues of practice and customs of the people, and it opposed the kaedah umum.Contohnya, according to the Hanafi school of fiqh, the general principles of waqf property berkekalan.Berdasarkan let this principle, it should not be easily moved mewakafkan treasure he showed his deep berkekalan . contrast, Imam Muhammad bin Hassan of the Hanafi school of the same endowments require no property kerana he easily moved into the habit or custom-buku.Ia mewakafkannya like books istihsan permissible on the basis that infringes the general principle of Imam Abu Hanafi and the handle itself.
Istihsan Based Maslahah
Among these is an example of the use of istihsan follow a general principle, it should not be given to the Children charity Hasyim.Tetapi Abu Hanifah otherwise require them to give alms to him by istihsan.Iaitu dizaman to safeguard their interests rather than ignored.
Istihsan Based Emergency
Among examples of problems: Cleans well kaedah bernajis.Mengikut general or al-Qiyas, spring clean will not even drawn partly or all the water dalamnya.Hal kerana, drew partly
water in it does not give the impression or not cause there's water tray bersih.Begitu also if drawn all the water will not clean up the water coming out of the water in the cistern tersebut.Justeru eye, the water in the cistern is prohibited clean or it will not clean bernajis.Oleh although it draws all the water required to take water from the cistern is his deep and necessary emergency.
Istihsan Based Qiyas al-Khafiyy
This situation applies to the issue of which of the two qiyas.Di bercamtum where one clear and one illahnya unclear illahnya.Istihsan this type of law is by issuing ° Based qiyas unreal.
CLOSING
If studied and researched understanding given by ulamak Hanafi and Imam Malik, istihsan use in their opinion is not based on reason and passion alone but each based on the arguments syarak too.
When examined according to Imam Syafie istihsan understanding also is different in the sense given by ulamak Hanafi and Imam Malik. Where Imam Syafie describe the use istihsan with berpandukan reason alone, without arguments syarak, so he refused berhujah itula him.
Here can be formulated that free ulamak mujtahid dispute between the school and the priests of the kehujahan istihsan lafadz a dispute in terms of other features. This happens due to not understanding given. Actually there is no dispute between them, they are one kerana matlamat namely to bring goodness to society, religion and bring the truth and be careful and meticulous in issuing the law.
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