Sh. Ibn ‘Ashur On What Is Better After Prayers

The Question: After the obligatory prayer, is it better to perform voluntary prayers or to recite Al-Fatiha?

The Answer: Performing voluntary prayers after the obligatory ones, except for Asr and Fajr, is better than reciting Al-Fatiha; because performing voluntary prayers after the obligatory prayers, other than those two, is Sunnah, and it includes reciting Al-Fatiha along with additional prayers.

As for after Fajr, it is recommended to engage in remembrance, glorification, supplication, and reading the Quran, including Al-Fatiha, until sunrise.

As for after Asr, the ruling on recitation and supplication for those not occupied with seeking knowledge or the like is the same as their ruling at other times.

It is not appropriate to adhere to reciting Al-Fatiha immediately after the congregational prayer because people may think that this act is among the sunnahs of the prayer.

Muhammad Al-Tahir Ibn Ashur

Tunisian Fatwas: 1/500

Novelty’s Blindspots: Denying Ijma’

Since I accepted Islam, I have noticed a trend towards questioning Islam’s legal tradition, quickly dismissing long-held, rigorously debated, truths.

Rejecting Consensus
It seems quite popular, especially among some of today’s Islamic content providers and “religious” exhibitionists, to doubt the consensus of Islamic jurists as a valid evidence in Shariah law. This skepticism, while perhaps cool and appealing on the surface, overlooks the deep importance of Ijma (consensus) in Sunni Islam, which stands alongside Qiyas (analogical reasoning) as a cornerstone of faith and practice; as well as the fierce debates that scholars engages in over centuries.

You Need A Method To Be Peer Reviewed By Colleagues Not Your Followers
Those quick to write off Ijma often lack a solid basis-a merhod-for their arguments, revealed through their scattered thoughts and a failure to recognize the systematic approaches normative scholars have used to sift through ideas with precision. Ironically, not only do they fail to sift through the discussions on the issue, but outside of platitudes, they fail to produce any research or method-usul- for scholars to examine their ideas. Living in an era is not enough to discredit those who proceeded it.

A Classic Hot Debate, Not A Novel Idea
The necessity and authority of Ijma sparked intense discussions among early Sunni legal theorists, who largely agreed that when consensus is backed by a sanad (a chain of transmission), it’s to be dogma. This insight was something I learned from Dr. Yusuf al-Qaradawi years ago.

Two Opinions
Within the ancient sunni, scholarly works on Islamic legal theory, a key question has been whether this consensus necessarily requires a sanad. This debate, often missed by those dazzled by the new and the need to be revivee, fails to grasp the depth and complexity of the discussions held by scholars long ago. Ignoring these nuanced debates shows a gap in thorough critique—it’s far easier to remain quiet or admit one’s lack of knowledge, as it is to talk out the side of one’s mouth.

Some scholars, as noted by Al-Amidi, one half of the mutakalimin, argue that a sanad isn’t always needed, suggesting that divine inspiration can lead scholars to the right conclusions. They believe that if consensus required a sanad, then it would be the sanad itself providing the proof, not the consensus.

The majority view among usulis is that a reliable sanad is a condition. To claim ijma’ without it is seen as flawed, like talking about religious matters without fully understanding them or issuing a fatwa without it supported by evidence. This approach ensures the community is protected from error, with decisions based on either solid or more speculative, yet acceptable, evidence, keeping the faith grounded and informed.

There is a lot to say here, but moving forward, we should probably look back.

Suhaib Webb

Detecting The Motivations Behind Ikhlās By Imam al-Sh’arāni

“From the blessings that Allah, Blessed and Exalted be He, has bestowed upon me is my ability to distinguish my own happiness from the His rights.

So, I feed myself knowing that I am a servant of Allah, Mighty and Majestic, not for the pleasure I find in eating, and I quench my thirst and clothe myself with that attitude. If I observed those things with a mix of piety and my pleasure, that would be negligence of Allah.

loving What He ﷻ Loves
Similarly, I do not wish that Allah, the Exalted, pardons me merely because of the comfort it brings to myself, but rather I love His pardon because He, Glorified and Exalted, informed us that He loves it. Were it not for the love of Him, the Exalted, for pardon, I would not have loved it. If a small part of me does desire His pardon for the sake of bodily comfort, it is a very weak desire. And this is a state I have observed; I have found few of my contemporaries who taste this except a minority.

Adversity & Ease Reveal States
The pain from the cold I felt begrudgingly observing proper wudu during winter benefited me so that when the I observed it properly on hot summer days, enjoying the refreshing cold water and feeling relief, I check my soul, ‘Your enjoyment now in this proper wudu is due to its alignment with your own desires-cooling off, not in compliance with the lawgiver’s command for thorough ablution (because he disliked it in discomfort, but in a state of comfort he likes it). There, my soul’s, if its intention is false; its argument collapses because of the contradiction. Were it not for its suffering with the water during winter, I would not have recognized the distinction between the command of Allah and my subtle desire.

So, my brother, act upon this character, for every act whose intentions and sayings are not for the sake of compliance with the command of Allah, Glorified and Exalted be He, is ruined. So base your dislikes for anything except on the motivation induced by the love of entering Paradise.

I pray Allah take care of your guidance, and all praise is due to Allah, Lord of the worlds. Pure actions follow the truth, Glorified and Exalted be He, and nothing undermines that even if by chance.”

In a time when comfort is easily found in worship, we must examine our worship and comforts. A teacher years ago told me: “Three things are easy today, so examine your intentions: Hajj, learning and people saying such and such is a guide or pious. Fear Allah by loving what He ﷻ loves. You will stay safe.”

Suhaib Webb

Treatment of Parents, Even Sinners & Disbelievers

A number of new-Muslims inquired how they should navigate relations with their family, especially their parents. I recall years ago; I prayed from the pulpit for the parents of people who embraced Islam. An older person came to me saying, “In twenty-six years as a Muslim, this is the first time someone prayed for my parent’s guidance.” Allah make it easy and guide our parents to Islam.

The answer bellow if from an normative legal manual, with the explanation of an incredible giant of Islamic-law.

In discussing the obligations towards parents, Ibn Abi Zayd, may Allah have mercy upon him, states. Honoring one’s parents is compulsory, irrespective of their moral or religious standing. This includes parents who may be sinners or even polytheists. In such situations, one is advised to speak to them with kindness, treat them with respect, and live with them in a manner that is recognized as good. However, one should not comply with them if they encourage sin, aligning with Allah’s guidance.

Commenting. al-Qadi Abd al-Wahab, may Allah have mercy upon him, elaborated on this principle by referring to the Quranic injunctions: Allah has ordained that one must show excellence towards their parents (Quran 29:8). This directive is reinforced through various verses, including prayers for parental forgiveness (Quran 14:41), commands for good treatment (Quran 6:151), and gratitude for the favors bestowed upon oneself and one’s parents (Quran 46:15). Furthermore, Allah Almighty emphasizes the importance of speaking respectfully to one’s parents, especially in their old age, and showing them humility and mercy (Quran 17:23-24). Then he added,

“This guidance serves as a reminder of the virtue in treating parents with honor and prohibits causing them any harm, offering the most emphatic means of severing any inclination towards disrespect. Additionally, the Quran explicitly mentions the reward for those who are dutiful to their parents. The Prophet Muhammad ﷺ, when asked about engaging in jihad, highlighted the significance of serving one’s parents as a form of striving in their cause, demonstrating the paramount importance of filial piety in Islam. And the Prophet ﷺ was asked, “Who deserves the most kindness?” The reply was: “Your mother,” which was repeated three times, followed by “then your father.”

And be ﷺ said, ‘Shall I not inform you of the greatest of major sins?’ which included associating partners with Allah and disrespect towards parents.

Ibn Mas’ud asked the Prophet ﷺ about the best deeds, to which he replied: ‘Prayer at its appointed time, kindness to parents, and Jihad in the way of Allah.’

It was narrated by Hamid al-Tawil from Hasan bin Muslim from Mujahid, who attributed it to the Prophet ﷺ: ‘Everything between a servant and Allah has a veil except the testimony that there is no deity but Allah and the supplication of a parent.’

Even if the parents are sinners or polytheists, their right to kindness does not diminish because this is a right of Allah, as the general evidence covers the case with the sinner, and because the reason for which one is commanded to be kind to them, their parenthood, remains. However, one should not obey them in matters that involve disobedience to Allah, and such refusal is not considered undutiful. Similarly, if they prevent him from something that is of benefit to him, which he cannot do without, or if his abandoning it or doing it would result in harm. The basis for this is Allah’s statement: ‘But if they endeavor to make you associate with Me that of which you have no knowledge, do not obey them. Yet accompany them in this world with appropriate kindness.’ (Quran 31:15),

Regarding those who prefer Allah’s right over the parents’ right, “You will not find a people who believe in Allah and the Last Day having affection for those who oppose Allah and His Messenger” (Quran 59: 22), a verse revealed about Abu Ubaidah ibn Al-Jarrah and the verses about parents are numerous.”

Fans & Fitna

Years ago, after I memorized the Quran, I was invited to give a talk at a small college. I asked my teacher and be said, “You’re not ready, no!” I was upset and responded, “It’s a small MSA.” Sheikh said, “The fitna is stronger.”

Today, when I see the untrained, charismatic neophyte teaching and reminding Muslims, I worry. I understand that learning religion is not easy; it demands tutelage, hands-on training, and a kind of residency—values that seem lost in this age. But without apprenticeship and time, coupled with scholarship, the caller remains incomplete, embittered, not yet ripe. And with the quick reward of the “religious” pony-show, the investment and time required for learning diminishes.

This is not a novel concern, Dr. Shaban Muhammad Ismail mentions the following incIdents to emphasize the importance of qualifications before teaching.


One day, Sayyiduna Ali, رضي الله عنه, stepped into a mosque and was greeted by the sight of a man energetically preaching, his words casting fear over the congregation. Ali, driven by concern, questioned, “What’s the source of this disturbance?” The response from the crowd was, “He’s urging us on, attempting to remind us.” Sayyiduna, Ali, رضي الله عنه, reapomded, “He is not reminding you of anything except himself.” Imam Ali perceived a deeper reality: this individual was less a guide and more a self-promoter, centering things on himself, not Allah, ‘I am so-and-so, son of so-and-so, take notice of me.’ Recognizing the gap between the man’s quest for recognition and his actual grasp of knowledge, Ali, رضي الله عنه, asked him: “Do you know the difference between the abrogating (nasikh) and the abrogated (mansukh)?” The man’s answer was a simple “No.” In response, Sayyiduna Ali, رضي الله عنه, mandated, “You shall not preach in our mosque.” It was astonishing to Ali, رضي الله عنه, that someone so lacking in fundamental Islamic knowledge was assuming the role of a teacher. The crowd meant nothing. He rebuked the man, stating, “You have doomed yourself and put others in danger.”

Similarly, Sayyidun Ali, رضي الله عنه, passed by a storyteller captivating a large audience. Once again, Ali, رضي الله عنه, inquired if the man could differentiate between the nasikh and mansukh. Receiving another “No,” Sayyiduna Ali, رضي الله عنه, declared, “You have brought ruin upon yourself and your listeners.”

Dr. Shaban Muhammad Ismail, رحمه الله, commenting on these incidents, stressed the essential need for acquiring deep knowledge, particularly in matters of interpretation, before attempting to teach. He cautioned that chasing fame without substantial learning equates to deceit and demonstrates a lack of sincerity. Moreover, he highlighted the critical importance of understanding usul al-fiqh thoroughly, as a foundational prerequisite for anyone aspiring to guide others in religious matters.

Sayyiduna Ali on Friends

A man complained to Sayyidina Ali about a spoiled friendship. Ali responded with this poem:

وإياك وإياه لا تَصْحَب أخا الجَهْلِ

Beware: do not befriend the brother of ignorance,

فكم من جاهل أردى حليما حين آخاه

For many an ignorant has brought down a wise man when he became his friend

يُقاس المرء بالمرء إذا ما هو ماشاه

A person is measured by the company he keeps,

مقاييس وأشباه وللشيء من الشيء

Criteria and similarities, and from one thing to another,

وللقلب على القلب دليل حين يَلْقَاهُ

And the heart upon meeting another heart finds its guide.

The phrases

مقاييس وأشباه وللشيء من الشيء

“وللقلب على القلب دليل حين يَلْقَاهُ

Highlight the idea that human relations and assessments are governed by observable criteria and inherent similarities. People tend to gravitate towards others who share common traits or values. The second line, “And the heart upon meeting another heart finds its guide,” further deepens this notion by suggesting that, beyond superficial criteria, there is an intuitive, heartfelt connection that guides individuals towards those with whom they are naturally aligned. Together, these lines convey a message about the natural laws of attraction and compatibility, emphasizing both the visible and invisible forces that draw people together.

Suhaib Webb

The Double Dummy

Abu Talib al-Makki* writes, Sahl, may Allah the Almighty have mercy on him, used to say:

“ما عُصى الله تعالى بمعصية أعظم من الجهل.”
“There is no greater disobedience to Allah Almighty than ignorance.”

It was said: “O Aba Muhammad, do you know of anything more severe than ignorance?” He said: “Yes.” It was asked: “What is it?” He said: “Ignorance of one’s ignorance.”

This means to be ignorant and not know that one is ignorant, or to consider oneself knowledgeable out of ignorance, thus remaining silent about one’s ignorance and being content with it, hence not learning. This leads to the loss of the most fundamental duty, which is the pursuit of knowledge. Perhaps one might issue religious verdicts out of ignorance, or speak about doubts thinking it to be knowledge; this is greater sin than his silence.”

*Abu Talib al-Makki, a distinguished Islamic scholar of the 10th century, played a pivotal role in elucidating the concept of Ihsan, or excellence in worship and moral integrity, within Islam. Born in 931 and departing this world in 996, his era was marked by the Islamic golden age, a time of profound intellectual and spiritual exploration.

His masterwork, “Qut al-Qulub” (The Nourishment of Hearts), is a seminal text dedicated to the principles of Ihsan. It delves into the purification of the heart, the significance of intention in one’s actions, and the pursuit of a state where one worships Allah with both outward obedience and inner sincerity, as if seeing Him. Through his writings, al-Makki emphasizes that achieving Ihsan means reaching the highest standard of worship and conduct, as defined by the Prophet Muhammad: to worship Allah as if you see Him, for if you do not see Him, He sees you.

Al-Makki’s work is not just an academic or theological treatise but a practical guide for Muslims seeking to embody the highest virtues of their faith in every aspect of life. He stresses the importance of a conscious, deliberate effort to cultivate an intimate, sincere relationship with Allah, guided by a constant awareness of His presence.

The impact of Abu Talib al-Makki’s teachings on Ihsan has resonated through centuries, influencing not only his contemporaries but also shaping the thoughts of subsequent generations, including renowned scholars like Al-Ghazali. Through “Qut al-Qulub” and his broader oeuvre, al-Makki has contributed enduringly to the Islamic tradition, offering insights and guidance on the path to achieving spiritual excellence and closeness to Allah.

*Sahl ibn Abdullah al-Tustari, often simply referred to as Sahl al-Tustari, was a prominent early Islamic scholar and ihsan scholar from the 9th century. Born in 818 in Tustar, a city in Persia (modern-day Iran), and passing away in 896, al-Tustari is known for his contributions to the development of ihsanic thought, especially in the areas of Quranic exegesis, tazkiyya, and the inner dimensions of Islamic practice.

Fidelity & Flexibility: The Validity of Prayers in Non-Arabic Languages For New Muslims

Islamic legal scholarship extensively debates the permissibility of performing prayers in non-Arabic languages. This discussion is deeply rooted in the interpretation of specific Quranic verses and prophetic narrations (hadiths), leading to varied juristic viewpoints.

1. Quranic Foundations:
• A considerable number of jurists reference the verse

“إِنَّا أَنزَلْنَاهُ قُرْآنًا عَرَبِيًّا لَعَلَّكُمْ تَعْقِلُونَ”

“Indeed, we revealed it: the Arabic Quran, so you will think.” Quran (43:3)

to assert the necessity of Arabic in prayer, suggesting that the divine message’s comprehension is tied to its Arabic revelation.


Imam Abu Hanifa, however, interprets the more inclusive verse

“فَاقْرَءُوا مَا تَيَسَّرَ مِنَ الْقُرْآنِ”

“Recite whatever is easy for you from the Quran.”

as allowing for prayer in any language if Arabic recitation is beyond a person’s ability.


2. Key Hadiths Informing the Debate:
• The hadith

“لاَ صَلاَةَ لِمَنْ لَمْ يَقْرَأْ بِفَاتِحَةِ الْكِتَابِ”

“There is no prayer without al-Fatiha.”(Al-Bukhari 756 and Muslim 394)

is pivotal for those advocating Arabic exclusivity in prayers, emphasizing Al-Fatiha’s central role.


•Conversely,

“إِذَا قُمْتَ إِلَى الصَّلاَةِ فَكَبِّرْ، ثُمَّ اقْرَأْ مَا تَيَسَّرَ مَعَكَ مِنَ الْقُرْآنِ”

“When you start your prayer then say Allahu Akbar, and then read whatever is easy for you from the Quran.” (Al-Bukhari 757, Muslim 397)

supports the notion of linguistic flexibility in prayer for those who struggle with Arabic, according to Imam Abu Hanifa’s interpretation.

Juridical Perspectives

1. The Hanafi Position:
• There is a section in a reliable Hanafi text that elucidates Abu Hanifa’s stance, allowing for non-Arabic recitation under specific conditions, highlighting the Quran’s revelatwion in Arabic as a foundational aspect of this discussion. تبيين الحقائق شرح كنز الدقائق(1/110)


2. Ibn Qudama’a View:
• Reflecting a more conservative interpretation, Ibn Qudama, and by extension, Imam al-Shafi’i, advocate for the indispensability of Arabic in Quranic recitation during prayer, emphasizing the intrinsic connection between the Quran’s message and its language.


3. Maliki Considerations:
• Al-Kharshi, in his commentary on “Mukhtasar Khalil,” outlines the Maliki approach, which is generally restrictive of non-Arabic prayers for those proficient in Arabic but allows exceptions for those who are not, demonstrating a pragmatic approach to worship.

What To Say At A Minimum

Often new Muslims: non-Arabic speakers, can feel overwhelmed by things. This is not novel! Even the early Arab new-Muslims felt challenged. The narration reported by Rafa’a bin Rafi’ in Abu Dawud’s collection provides important guidance:

“إِذَا قُمْتَ إِلَى الصَّلاَةِ، فَإِنْ كَانَ مَعَكَ قُرْآنٌ فَاقْرَأْ بِهِ، وَإِلَّا فَاحْمَدِ اللَّهَ، وَهَلِّلْهُ، وَكَبِّرْهُ”

“When you stand for prayer, if you have the Qur’an with you, then recite it; otherwise, praise Allah, glorify Him, and magnify Him.”

This hadith emphasizes adaptability in worship practices, offering alternatives for those unable to recite in Arabic, thus underscoring the importance of sincerity and effort in religious observance.

However, as with an dispensation, this concession is temporary, and barring an serious issues that would prevent a person from learning the prayers in Arabic, a new-Muslim must invest in learning the prayer and some short chapters of the Quran in Arabic. You embraced Islam, not vice versa!

Conclusion

The discourse on non-Arabic prayers within Islamic jurisprudence reflects a rich tapestry of interpretive traditions, legal reasoning, and scholarly debate. While a significant portion of Islamic scholarship upholds the primacy of Arabic for the performance of prayers, rooted in the Quran’s linguistic essence and the prophetic guidance, there is notable flexibility afforded by certain juridical positions for individuals who face linguistic barriers. This flexibility, particularly evident in the Hanafi school and partially accommodated by the Maliki and Shafi’i interpretations under specific conditions, highlights the inherent adaptability of Islamic jurisprudence to the varied circumstances of the Muslim faithful.

The emphasis on intention (niyyah) and effort (ijtihad) within the Islamic tradition further underscores the religion’s focus on the inner state of the worshipper, recognizing the validity of an individual’s sincere attempt to engage with divine guidance, even when faced with linguistic challenges. This aspect of Islamic jurisprudence serves to accommodate the spiritual needs and realities of a diverse global Muslim population, ensuring that the essence of prayer—communication with the Divine—is accessible to all, irrespective of linguistic proficiency.

In conclusion, the scholarly discourse on the legitimacy of non-Arabic prayers in Islamic jurisprudence reveals a dynamic interplay between textual fidelity, linguistic integrity, and pragmatic compassion. It showcases the depth of Islamic legal thought and its capacity to bridge the gap between divine commandments and human circumstances, thereby facilitating a more inclusive and understanding approach to religious practice.

Suhaib Webb

Dawn Dilemma: When Fajr Is Called, Stop Eating

Question: Is there a hadith that says, “If you’re eating and hear the Fajr prayer call, don’t stop eating until you’re done”?

Answer: Yes, there’s a hadith that states, “If one of you hears the call while his vessel is in his hand, let him not put it down until he has satisfied his need from it,” reported by Abu Dawud from Abu Huraira and recognized as authentic. However, interpreting this hadith requires care. Most Islamic scholars advise stopping eating once the Fajr prayer call is heard to ensure the fast is properly observed. Here’s a closer look:

  1. The hadith means when there’s uncertainty about the actual time for Fajr. Al-Manawi explains, “Until he has satisfied his need from it” means one may finish their meal as long as they do not realize or strongly suspect that dawn has arrived.
  2. The prayer call in question could have been Bilal’s for the Tahajjud prayer, not the Fajr prayer.
  3. In situations of scholarly disagreement, choosing the safer option to ensure an acts validity is recommended.
  4. The hadith doesn’t explicitly mention it’s the Fajr prayer call; it simply states “hears the call,” which could potentially refer to any prayer time, including Isha.

Therefore, to ensure the fast is correctly observed, it’s best to stop eating as soon as you hear the Fajr prayer call.

Allah knows,

Suhaib Webb

The Taste of Fiqh: Ijtihad & Istihsan By Sh. Rif’at al-Tahtawi

Ijtihad, or diligent scholarly effort in Islamic jurisprudence, is founded on two main components: the scholar (mujtahid) who engages in it, and the subject matter being examined. This effort involves the mujtahid’s thorough endeavor to deduce rulings from the Shariah law, drawing upon evidence.

Key sources for ijtihad include the Quran, the Sunnah, consensus (ijma’), and analogy (qiyas). Additional principles such as istishab (the presumption of continuity in the absence of evidence) by Al-Shafi’i and Istihsan* juristic preference in the absence of direct evidence) by Abu Hanifa are also integral.

Istihsan, which translates to a preference for departing from established precedent, signifies a profound insight that arises within a knowledgeable mujtahid who has delved deeply into the intricacies of Islamic texts. It is an intuitive judgment, influenced by the scholar’s extensive learning and piety, which guides them in navigating complex legal issues. Abu Hanifa and his school are renowned for their application of analogy and istihsan, reflecting a depth of understanding beyond mere textual analysis.

Highlighting the value of intuition and piety in legal reasoning, the Sufis teach, “If a matter arises, weigh it against the law; if your soul does not find peace in it, then abstain from it.” This principle mirrors Abu Hanifa’s cautious stance, as he famously said, “Even if they placed a sword on my head to declare that nabidh is haram, I would not say it; and if they placed it on my head to drink it, I would not drink it.” This illustrates his piety and preference for abstention in the face of ambiguity.

Undoubtedly, the heart of a scholar who could accomplish this, is the heart of the scholar who is mindful of the states of his hearts; he with which the subtleties of rulings are made clear. How rare such a heart is among hearts, unlike the heart of the obsessive and the lax, which finds tranquility in everything and is of no worth.

The wisdom in istihsan is further exemplified by the incident involving Ibn Umar, who, when questioned about the permissibility of the blood of a mosquito, responded, “You ask about it while you have killed Hussein?” This remark underscores the importance of prioritizing significant moral and ethical considerations over minor legalistic queries, highlighting the depth and intuition necessary for sound Islamic legal judgment.

In sum, ijtihad and concepts like istihsan emphasize a sophisticated interplay between adherence to textual evidence, scholarly judgment, and piety in Islamic jurisprudence. It showcases the unique role of mujtahids, whose insights and thoughtful evaluation of evidence contribute to the nuanced application and understanding of Shariah law, underscoring the critical importance of the scholar’s intuition and moral compass in deriving and applying Islamic legal principles.

*Istihsan, which translates to “juridical preference” or “equity in Islamic law,” is a principle in Islamic jurisprudence allowing a jurist to depart from a precedent or adopt a ruling that would achieve a better outcome in specific cases. It’s particularly significant in the Hanafi school of thought, one of the four major Sunni legal schools.

In the Hanafi school, istihsan is used as a method to prevent hardship and avoid rigid application of the law that may lead to undesirable outcomes. It’s employed when strict adherence to analogy (qiyas) or the literal meaning of texts might lead to results that are considered unjust, harmful, or at odds with the objectives of the Sharia (Maqasid al-Sharia). This principle allows for flexibility and adaptability in the application of Islamic law, ensuring that rulings align with justice, public interest, and the welfare of the community.

An example of istihsan in the Hanafi school might involve the relaxation of certain commercial transactions’ strict rules to facilitate trade and economic activity, provided that the essence of the transaction does not contradict Islamic principles. For instance, although a strict analogy might suggest a certain financial transaction resembles riba (usury), which is prohibited, a Hanafi jurist might apply istihsan to permit the transaction if it serves the public interest and does not entail exploitation.

It’s important to note that istihsan is based on solid Islamic legal principles and is not merely subjective or arbitrary. It is grounded in the jurist’s deep understanding of the Sharia’s objectives, the Quran, the Sunnah (prophetic traditions), and the broader legal maxims of Islam.

The application of istihsan above is unique to the Hanafi, and to some degree the Hanabali schools, while the Malikis and Shafis offer unique critiques of it in this context.