The role of Istihsan methodology in giving fatwah

Abstract

This article studies Hanafiyah in Kazakhstan and its Istihsan methodology. Istihsan is the name of a separate evidence-based approach to general religious judgment regarding need and necessity. It is emphasized that the Istihsan evidence-based approach is special in optimally governing contemporary issues of public relations and in addressing religious issues. In addition, the role of Istihsan in Shari'ah, its types, and its potential contributing to the strengthening of the historical and ideological integrity of the Kazakh society and strengthening of human brother hood are also examined. Istihsan is a kind of argument based on finding a way, creating opportunities when the conditions of society or times make life difficult in accordance with the requirements of Islam. This does not mean going beyond (Quran, Sunnah). Probably deviate from the general rule and make a different verdict based on necessity, without an external judgment on us, ijma and qiyas. Istihsan is one of the proofs of Islamic scholars, especially Hanafi scholars. Scholars also divide istihsan into several types, for example, istihsan of the Koran, istihsan of the Sunnah, istihsan ijma, istihsan of customs, istihsan of necessity and istihsan qiyasa. That is, istihsan and other Sharia arguments are based on evidence