Applications of Istihsan in Personal Status Law According to the Hanafi School

Abstract

Abstract

Istihsan is one of the tools of Islamic jurisprudential reasoning (ijtihad) that holds special significance in the Hanafi school. It contributes to facilitating ease and alleviating hardship for people, making it a flexible method that demonstrates the Islamic Sharia's ability to adapt to changing realities. This study aims to examine the applications of istihsan in personal status matters, such as the return of gifts upon the annulment of engagement, the conclusion of marriage contracts through gestures or writing for those unable to speak, and the official documentation of marriage contracts, highlighting the impact of these applications in achieving the objectives of Sharia in mitigating harm and preserving interests.

The study employed a descriptive approach supplemented by inductive and analytical methodologies, involving the examination of Islamic texts and juristic opinions, as well as comparative analysis across various Islamic schools to clarify disagreements regarding the validity of istihsan.

The findings reveal that istihsan reflects the flexibility of Sharia by prioritizing public interest over apparent analogical reasoning when necessary, making it an effective tool for addressing contemporary challenges. Furthermore, the research highlighted istihsan's capability to reconcile Sharia texts with people's realities while adhering to the overarching objectives of Islamic law.

The study recommends activating the use of istihsan in contemporary issues, particularly in personal status matters and financial transactions, to ensure that Sharia rulings align with the needs of modern society.

Keywords: Istihsan, Islamic jurisprudence, personal status, Hanafi school, objectives of Sharia.