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 ...