Ibn Taymiyya's concept of istiḥsān : an understanding of legal reasoning in Islamic jurisprudence

This thesis studies the theory of istihsan, an aspect of Islamic legal reasoning, as a method for ascertaining the legal norm in cases where qiyas dictates an overly strict ruling. The study primarily focuses on the concept presented by Ibn Taymiyya (d. 728/1328), a prominent Muslim theologian, philosopher, sufi and outstanding jurist. Placed in the context of later development, Ibn Taymiyya's theory proposes both a criticism and reformulation of the Hanafi school's perception of istihsan. Having observed previous formulations, Ibn Taymiyya sees this theory as being understood as an arbitrary contradiction to qiyas. Although attempts to redefine the theory, through rigorous definition and well-calculated application were conducted by later Hanafi jurists, criticism from other schoools continued unabated. To this effect, Ibn Taymiyya's contribution emerges as an alternative solution. In order to fully understand istihsan, Ibn Taymiyya contends that one must determine particularization of the cause (takhsid s al-'illa). By doing this, istihsan and qiyas can be easily distinguished. He, thus, perceives istihsan as takhsid s al-'illa. Unlike the Hanafis, Ibn Taymiyya does not juxtapose istihsan against qiyas sahid h. He argues that if there is a contradiction, it must be proved by a decisive descrepancy (farq mu'aththir) provided by the law giver. Furthermore, when qiyas produces an unsatisfactory legal norm, takhsid s al-'illa represents a viable alternative. Above all, Ibn Taymiyya contends that istihsan must be supported by the revealed texts, consensus or necessity