Shaykh Mustafa al-Zarqa’s Approach to Deriving Legal Issues through Istihsan

استحسان سے استنباطِ مسائل میں شیخ مصطفٰی ٰ الزرقاء کا اسلوب

Abstract

In the context of modern emerging legal issues, Islamic law demonstrates its dynamism by providing comprehensive principles capable of addressing new challenges. Among the secondary sources of Islamic law, istiḥsān occupies a significant position, particularly in situations where strict analogical reasoning (qiyās) may lead to hardship or fail to realize public welfare. This article analyzes Shaykh Mustafa al-Zarqa’s method of deriving legal rulings through the principle of istiḥsān in Islamic jurisprudence. It explains how he used istiḥsān as a flexible juristic tool to address contemporary issues by prioritizing public interest, necessity, ease, and removal of hardship while remaining within the objectives of Sharīʿah. Through selected examples, the study highlights the relevance of his approach in making Islamic law responsive to modern social and legal challenges.