İstihsân practices based on custom in Serahsī's al-Mabsūt

With its broad acquis, Islamic law sheds light from the past to the present. Within this great acquis, the basic rules and methods of Islamic law have a special importance. These rules are to make it easier to understand the ijtihad activities done in the past. Today, it helps us in the point of how to follow a way out about newly emerging issues. Istihsan, which is one of the basic rules and methods of the Islamic Legal Procedure, has been evaluated among the secondary evidences that correspond to the main evidences. Istihsan occurs as a result of reasons such as nas, ijma, maslahad and custom. The subject of our study is custom due to these reasons. In this study, it has been tried to reveal the view of Hanafis to istihsan by taking Serahsi's work called al-Mebsût to the center. However, the reasons for istihsan are also mentioned. Along with the situation of the istihsan method in the eyes of the ancient Hanafi scholars, it was tried to find answers to some procedural questions in the center of al-Mabsût's work related to istihsan and custom. Orfen istihsan practices were discussed and it was tried to determine how they were understood and applied through these practices. In the applications given together on qiyas and istihsan, it has been tried to determine the reason why istihsan is obligatory even though there is huccet like qiyas. In case of a change in custom, it has been tried to find answers on the subject of changes in custom istihsan practices through examples. Whether the practice of istihsan is an arbitrary situation or not has been tried to be revealed by taking the analogy to the center. In addition, all of the practices that are customarily istihsan with Serahsi's own expressions were tried to be determined. In this study, an effort was made to obtain information about the base through examples.