The proof of istihsan in Sarakhsi's Mabsut (Specially in shopping)

Among the created beings, man has been given some characteristics by the Almighty and brought to a virtuous position. It is expected that some responsibilities will be given to man due to this position. Here, the concept of law shows itself. Law has continued to develop throughout human history to ensure social order. The issues that arise from people living together and forming rights and responsibilities towards each other generally fall into this area. One of the types of law that takes shape under various names is Islamic Law, which has a religious identity and originates from revelation. Islamic Law establishes certain rules and regulations to ensure that the people it accepts as its addressees live an orderly life. The first lawmaker is Allah. The second lawmaker is the Prophet Muhammad (pbuh) -who has the duty of conveying and legislating the revelation he received from Allah. In order to solve the problems that cannot be understood in the mentioned law or that people who lived after those who received the revelation encountered; methods of deriving rules based on the Quran and the Sunnah have been developed. In our study, we proceeded based on the generally accepted primary-secondary classification. Unlike the two evidences based on the texts - Quran and Sunnah -, the methods of deriving rulings based on four foundations - Ijma and Qiyas - which are associated with reason and at the same time do not break away from the texts; constitute the foundations of Islamic Law. There is agreement on the four basic principles mentioned. However, there is disagreement in the evidences included in the secondary classification. Istihsan is one of them. Istihsan is also mentioned as a secondary evidence within "qiyas", which is one of the four primary foundations accepted as the religious law in deriving rulings. Considering that there have been disagreements on the subject of Usûl from the past to the present, it is very important to understand the evidence thoroughly. In this sense, in order to understand Sarakhsi's understanding of Usûl and to check the consistency of the rulings in the book of Mabsut, the source work called Usûl al-Sarahsi and the istihsan rulings given in Islam since the time of the Prophet in general, and the istihsan rulings in the Kitab al-Buyu' section of al-Mabsut in particular will be examined and an attempt will be made to find solutions to the criticisms and discussions. Contracts fall within the scope of Islamic Law, which has at least as much history as law and aims at social order. It is necessary to live a just life as required by being social and living together as a group and not to shake the five fundamental principles that Islam wants to be protected in particular. In our study, the relationship between the rules introduced in Islamic Law for the realization of contracts of sale within the framework of honesty, justice, fairness, mutual trust and consent and istihsan will be explained. In this context, the concept of istihsan, one of the important principles of the Hanafi school of jurisprudence; will be evaluated together with examples that are in line with the idea of maslahat and the spirit of istihsan, such as protecting the rights of the parties in contracts of sale, ensuring that some strict rules are relaxed, and observing the benefit of the individual and society.