Evolution of the concept of Istihsan (Legal Preference) in the Maliki school of thought
Keywords:
Legal Preference, Maliki school of thought, concept, Keywords: Legal Preference, Maliki school of thought, concept, Evolution.Abstract
Objective: This research seeks to study the problem of the concept of Legal Preference in the Maliki school of thought, and the researcher tried to answer a pivotal question, which is: What is the reality of the concept of Legal Preference in the Maliki school of thought? What is the origin of this principle?
Methodology: Due to the nature of the problem of this research, the researcher followed the descriptive analytical approach to display and discuss the information related to the title.
Research Finding: The researcher concluded that the definitions that were presented during the research are a response to the deniers of Legal Preference, as its concept was not specific in the early era, and that was the cause of denial and rejection, but the concept became more clear among the successors and later scholars of the doctrine, it also became clear that Legal Preference is not merely the acceptance of what the soul tends to applaud. Instead, it is an origin based on the legal principles as its counterparts from the different regulations in it.
Contribution: After conducting the research process, it became clear that the research contributes to lifting the delusional ambiguity about the definition of Legal Preference on the one hand, and shows the position of the Sharia on this principle and the extent of its validity in the process of protesting the rulings of the Sharia.
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