Sarakhsi’s Doctrine of Juristic Preference (Istihsan) as a Methodological Approach Toward Worldly Affairs (Ahkam al-Dunya)

Abstract

In the present investigation, we shall develop systematically Sarakhsrs doctrine of Juristic preference from his Mabsut, Usul and Bab al-Muwada'a of Sharh al-Siyar al Kabir and demonstrate how Sarakhsi establishes its relevance as a methodological approach toward worldly affairs. The investigation is carried out in four parts: In the first part, we shall relate Sarakhsi’s doctrine of juristic preference (istihan) with his concept of treaties (muwada'a). According to Sarakhsi muwada'a is an autonomous discipline and its main focus is worldly affairs as relations (muamalat) of Muslims with other nations. In the second part, it is investigated how Sarakhsi strives to see the justification for the application of the doctrine of juristic preference to it independently of the doctrine of systematic reasoning (qiyas) by establishing the ’illa (effective reasoning) of the doctrine of juristic preference on the basis of asl derived from the Qur’an and Hadith. In the third part, we shall discuss how Sarakhsi systematizes the doctrine of juristic preference by analyzing the ’illa employed by it in various forms and shows that it is connected with asl. Finally, in the fourth part, we shall show how Sarakhsi justifies the employment of the doctrine of juristic preference as a methodological approach toward muwadah and worldly affairs ...