Q.Discuss
and elaborate Istidlah and Isthisan. (1993, 1998,
2000)
1. Introduction
Istidlal is a method of juristic deduction not falling within the scope of analogy. The Hanafi jurists uses the word more or less in the sense of inferring a thing from another thing in connection with the rules of interpretation.
2. Meaning of Istidlal
(I) Ordinary meaning
In ordinary use, Istidlal means the inferring from a thing another thing/
(II) Meaning used by Malik and Shafi
“Istidlal is the name for a distinct method of juristic ratiocination, not falling within the scope of interpretation or analogy.”
3. Kinds of Istidlal
Istidlal is of three kinds
(i) Expression of connection existing between twoproposition
(ii) Istihsab-ul-hal
(iii) Authority of previous revealed law
(I) Expression of connection existing between twopropositions
The expression of the connection existing between oneproposition and another without any specific effective cause. It is of the following varieties.
(i) Connection between affirmative propositions
When the connection is between two affirmative propositions.
Example:
The proposition that every one who is competent to give a valid Talaq can also make a valid Zihar.
(ii) Connection between negative propositions
When the connection is between two negative propositions.
Example:
The statement that if a regular ablution were valid without specific intention, then a substitutory ablution (Wazu) would also be valid.
(iii) Connection between affirmative and negative proposition
When the connection is between an affirmative and a negativeproposition.
Example:
The proposition that what is permissible cannot be haram or forbidden.
(iv) Connection between negative and affirmative proposition
When the connexion is between a negative proposition and anaffirmative proposition.
Example:
The statement that what is not valid forbidden.
(II) Istihsa-Al-Hal
The word Istishab means the continuance of companionship technically it means the presumption of continuance of an earlier rule of its continued absence. It this sense it means the maintenance of a status quo with respect to the rule. It is merely a set of presumptions and not a source of law.
(A) Basis of Istihsab
The following general principles from the basis of Istihsab.
(i) The presumption is that all things are permitted, unless prohibited by the shariah. This rule applies to beneficial things alone e. g. food drink etc.
(ii) There is no presumption of liability against anyone and all liability has to be proved.
(iii) Once a thing is established beyond doubt it can only be set aside through an equally certain evidence.
(B) Where Istihsab not apply
Where there is no hukm that had been established through a valid evidence, the principle of Istihsab does not apply.
(III) Authority of previous revealed laws
According to the Hanafi law, only such laws of the previousrevealed religions are binding, as have been mentioned in theHoly Quran without disapproval.
4. Conclusion
To conclude, I can say, that Istidlal as a method of juristicdeduction includes all forms of ratiocination which do not fall within the scope of analogical deduction. According to Qazi Udud the Hanafi doctrine of Istihsan as well as the Maliki doctrine of public good are covered by Istidlal.
1. Introduction
Istidlal is a method of juristic deduction not falling within the scope of analogy. The Hanafi jurists uses the word more or less in the sense of inferring a thing from another thing in connection with the rules of interpretation.
2. Meaning of Istidlal
(I) Ordinary meaning
In ordinary use, Istidlal means the inferring from a thing another thing/
(II) Meaning used by Malik and Shafi
“Istidlal is the name for a distinct method of juristic ratiocination, not falling within the scope of interpretation or analogy.”
3. Kinds of Istidlal
Istidlal is of three kinds
(i) Expression of connection existing between twoproposition
(ii) Istihsab-ul-hal
(iii) Authority of previous revealed law
(I) Expression of connection existing between twopropositions
The expression of the connection existing between oneproposition and another without any specific effective cause. It is of the following varieties.
(i) Connection between affirmative propositions
When the connection is between two affirmative propositions.
Example:
The proposition that every one who is competent to give a valid Talaq can also make a valid Zihar.
(ii) Connection between negative propositions
When the connection is between two negative propositions.
Example:
The statement that if a regular ablution were valid without specific intention, then a substitutory ablution (Wazu) would also be valid.
(iii) Connection between affirmative and negative proposition
When the connection is between an affirmative and a negativeproposition.
Example:
The proposition that what is permissible cannot be haram or forbidden.
(iv) Connection between negative and affirmative proposition
When the connexion is between a negative proposition and anaffirmative proposition.
Example:
The statement that what is not valid forbidden.
(II) Istihsa-Al-Hal
The word Istishab means the continuance of companionship technically it means the presumption of continuance of an earlier rule of its continued absence. It this sense it means the maintenance of a status quo with respect to the rule. It is merely a set of presumptions and not a source of law.
(A) Basis of Istihsab
The following general principles from the basis of Istihsab.
(i) The presumption is that all things are permitted, unless prohibited by the shariah. This rule applies to beneficial things alone e. g. food drink etc.
(ii) There is no presumption of liability against anyone and all liability has to be proved.
(iii) Once a thing is established beyond doubt it can only be set aside through an equally certain evidence.
(B) Where Istihsab not apply
Where there is no hukm that had been established through a valid evidence, the principle of Istihsab does not apply.
(III) Authority of previous revealed laws
According to the Hanafi law, only such laws of the previousrevealed religions are binding, as have been mentioned in theHoly Quran without disapproval.
4. Conclusion
To conclude, I can say, that Istidlal as a method of juristicdeduction includes all forms of ratiocination which do not fall within the scope of analogical deduction. According to Qazi Udud the Hanafi doctrine of Istihsan as well as the Maliki doctrine of public good are covered by Istidlal.
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