Islamic Scientific Schools

In the Name of Allah---the Most Beneficent, the Most Merciful. Urf in Islamic Jurisprudence Abstract Urf, or customary practice, represents an essential secondary source of Islamic law that allows jurists to contextualize and apply Shariah in accordance with societal norms. This paper explores the concept of Urf, its scriptural basis in the Qur’an and Sunnah, its use in Islamic jurisprudence, and the conditions under which it is validated. Emphasis is placed on practical examples, such as Bayʿ al-Salām , to demonstrate the integration of customary practice with legal principles. Introduction Islamic jurisprudence (Fiqh) derives its primary legal authority from the Qur’an and Sunnah . However, the dynamic nature of human society necessitates recognition of customs that are widely accepted and practiced. ʿUrf (عرف) refers to such customary practices, defined as the prevalent habits or norms of a society that are familiar and recognized by its members. Classical jurists have recognized...

In the Name of Allah---the Most Beneficent, the Most Merciful. Istiḥsān: Juristic Preference Introduction Istiḥsān, commonly translated as juristic preference , is one of the most debated yet influential secondary sources in Islamic jurisprudence (uṣūl al-fiqh). While Qur’an, Sunnah, Ijmā‘, and Qiyās represent the principal sources, Istiḥsān functions as a methodological instrument that allows jurists to depart from a strict analogical ruling (qiyās jalī) in favour of a stronger evidence, equity-based reasoning, or public interest consideration. The doctrine is closely associated with the Ḥanafī school but is also recognised, to varying degrees, by Mālikī, Ḥanbalī, and Zahiri jurists. Imam al-Shāfiʿī famously criticised it, declaring “Whoever practices istiḥsān has legislated,” yet even his school employs parallel concepts such as istidlāl and maṣlahah in practical law. Thus, Istiḥsān continues to be a vital topic in the epistemology of Islamic law. Defining Istiḥsān Linguistic Defin...

In the Name of Allah---the Most Beneficent, the Most Merciful. Maslahah Mursalah Introduction Istislāh, often expressed through the term Maslahah Mursalah (unrestricted public interest), is a principle of Islamic legal theory ( uṣūl al-fiqh ) used to derive rulings that uphold the welfare of individuals and society when explicit textual evidence is absent. Rooted in the Qur’an, Sunnah, and the general objectives of the Sharī‘ah, Istislāh has played a crucial role in the development of Islamic jurisprudence, enabling jurists to respond to new social realities and evolving public needs. The concept occupies a central position in the broader framework of Maqāṣid al-Sharī‘ah (objectives of Islamic law), especially in its focus on protecting religion (dīn), life (nafs), intellect (‘aql), lineage (nasl), and property (māl). This article presents the historical development, theoretical foundations, methodological conditions, scholarly debates, and practical applications of Istislāh. Concep...