Liberalization of Statement as a Preference in the Malikiya Thought

Authors

Abstract

This research deals with the concept of “Istihstan” (judicial preference) in the “Malikeya” School of legal thought. The research approaches this concept from three perspectives: 1- Examining the accuracy of the saying that Imam Malik himself used the term “Istihstan” with its juridical connotations; 2- Determining the stand of “Malikeya” scholars on considering “Istihsan” as one of the sources of law in the school; 3- Determining the meaning of the term “Istihsan” among its users in the school. The study concluded that it seems to be inaccurate to attribute the usage of the term “Istihsan” to Imam Malik, and that the usage of this concept by some of his followers may not be sufficient enough to elevate it to the position of being one of the sources of law in the “Malikeya” School of legal thought.

Recommended Citation

(2008) "Liberalization of Statement as a Preference in the Malikiya Thought," UAEU Law Journal: Vol. 2008: No. 33, Article 3.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2008/iss33/3