The evolution and development of istihsan and karâhiyye in the Hanafî school

Due to the rapid change and transformation occurring in every field in our era, people's religious thoughts, lifestyles, and perceptions and understandings of the religion-life dichotomy are also changing. In this context, the presence and function of madhhabs, which ensure that people practice their religious lives in a logical, systematic, consistent, and sound manner, have become even more important today. In the rapidly changing and developing contemporary conditions, referring to the systematic framework of madhhabs in the jurisprudential resolution of newly emerging issues is crucial for consistency and systematization. This is because consulting past examples with similar characteristics in the correct analysis of a new issue demonstrates the continuity and reliability of law and the competence of the jurist. This study examines the topics discussed under the headings of istihsan (juridical preference) and karāhiyyah (reprehensibility) in some fundamental furū' al-fiqh (substantive law) works of the Hanafi school. It aims to provide a more in-depth and consistent evaluation of contemporary issues from the perspective of the Hanafi school by analyzing the content, treatment, and historical development of these subjects in the relevant works. This study, which examines the topics addressed under the headings of istihsan and karāhiyyah in the Hanafi school, consists of an introduction and three chapters. The first chapter discusses the conceptual dimension of istihsan and karāhiyyah, their relationships with related concepts, their connections to istihsan and karāhiyyah topics, their similarities and differences with the concepts of haram (prohibition) and mubah (permissibility), and their meanings. The second chapter analyzes the topics related to istihsan and karāhiyyah in classical and later works, making comparisons between earlier and later periods and highlighting the changes and differences in rulings along with their justifications. Additionally, it provides jurisprudential explanations from the perspective of the Hanafi school regarding the contemporary dimensions of these issues. The third chapter focuses on certain contemporary jurisprudential issues, examining their relationships with past rulings and presenting their legal judgments.