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Istihsan approval, a discretionary opinion in breach of strict qiyas |
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Istihsan (lit. To regard something ‘good’, approval, consent) A method of legal reasoning in which a discretionary opinion is taken in breach of strict analogy. It is often attributed to the Hanafi school. The Hanafis describe it as a method of qiyas, when a jurist prefers one analogical conclusion to the other in view of the common good |