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. Istishab al-Hal Introduction Istishab al-hal (اِستِصحابُ الحال) is a foundational principle in Islamic legal theory ( usul al-fiqh ). Linguistically, istishab means “to accompany,” while technically it refers to presuming the continuity of a previously established state until evidence proves otherwise . Classical jurists rely on istishab when no explicit textual proof (nass), consensus (ijma‘), or analogy (qiyas) is available. Some schools treat istishab as a strong and independent source of law (such as the Shafi‘i and Hanbali schools), while others consider it a weaker, secondary principle (such as the Hanafi and Maliki schools). Definition of Istishab A standard definition used in usul literature is: “To maintain what previously existed as continuing until a proof establishes otherwise.” This definition highlights: A known and certain previous state. Absence of any evidence of change. Presumption that the previous ruli...

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...