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Istihsan in Muslim Law

Description: Istihsan in Muslim Law Quiz
Number of Questions: 15
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Tags: muslim law istihsan
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What is the literal meaning of Istihsan?

  1. Preference

  2. Equity

  3. Justice

  4. Reasoning


Correct Option: A
Explanation:

Istihsan is an Arabic word that literally means 'preference'.

What is the technical meaning of Istihsan in Muslim Law?

  1. Giving preference to a weaker opinion over a stronger one

  2. Applying a rule to a case even though it does not literally apply

  3. Making a decision based on public interest

  4. All of the above


Correct Option: D
Explanation:

Istihsan in Muslim Law refers to all of the above.

Who is considered the founder of the Istihsan doctrine?

  1. Imam Abu Hanifah

  2. Imam Malik

  3. Imam Shafi'i

  4. Imam Ahmad ibn Hanbal


Correct Option: A
Explanation:

Imam Abu Hanifah is considered the founder of the Istihsan doctrine.

What are the conditions for applying Istihsan?

  1. The rule must be based on a strong analogy

  2. The rule must be in line with the objectives of the Shariah

  3. The rule must not lead to injustice

  4. All of the above


Correct Option: D
Explanation:

All of the above conditions must be met for Istihsan to be applied.

Which of the following is an example of Istihsan?

  1. Ruling that it is permissible to eat pork in case of necessity

  2. Ruling that it is permissible to drink alcohol in moderation

  3. Ruling that it is permissible to gamble

  4. None of the above


Correct Option: D
Explanation:

None of the above is an example of Istihsan.

Is Istihsan a widely accepted doctrine in Muslim Law?

  1. Yes

  2. No

  3. It depends on the school of thought

  4. None of the above


Correct Option: C
Explanation:

The acceptance of Istihsan varies among different schools of thought in Muslim Law.

Which school of thought in Muslim Law is most known for its use of Istihsan?

  1. Hanafi

  2. Maliki

  3. Shafi'i

  4. Hanbali


Correct Option: A
Explanation:

The Hanafi school of thought is most known for its use of Istihsan.

What is the main criticism of Istihsan?

  1. It is too subjective

  2. It can lead to uncertainty in the law

  3. It can be used to justify unjust decisions

  4. All of the above


Correct Option: D
Explanation:

All of the above are criticisms of Istihsan.

Despite the criticisms, why is Istihsan still used in Muslim Law?

  1. It is a necessary tool for adapting the law to changing circumstances

  2. It allows judges to use their discretion in making decisions

  3. It promotes justice and equity

  4. All of the above


Correct Option: D
Explanation:

All of the above are reasons why Istihsan is still used in Muslim Law.

Can Istihsan be used to overrule a clear text of the Quran or Sunnah?

  1. Yes

  2. No

  3. It depends on the circumstances

  4. None of the above


Correct Option: B
Explanation:

Istihsan cannot be used to overrule a clear text of the Quran or Sunnah.

Is Istihsan used in other legal systems besides Muslim Law?

  1. Yes

  2. No

  3. It depends on the legal system

  4. None of the above


Correct Option: A
Explanation:

Istihsan is used in other legal systems besides Muslim Law, such as Roman law and common law.

What is the difference between Istihsan and Qiyas?

  1. Istihsan is based on analogy, while Qiyas is based on reason

  2. Istihsan is used to extend the law to new cases, while Qiyas is used to restrict the law to specific cases

  3. Istihsan is used to promote justice and equity, while Qiyas is used to ensure consistency in the law

  4. None of the above


Correct Option: D
Explanation:

There is no difference between Istihsan and Qiyas.

Is Istihsan still relevant in modern Muslim Law?

  1. Yes

  2. No

  3. It depends on the country

  4. None of the above


Correct Option: A
Explanation:

Istihsan is still relevant in modern Muslim Law, although its use may vary from country to country.

What are some of the challenges facing the application of Istihsan in modern Muslim Law?

  1. The lack of a clear methodology for applying Istihsan

  2. The potential for abuse of Istihsan by judges

  3. The difficulty in reconciling Istihsan with other sources of law

  4. All of the above


Correct Option: D
Explanation:

All of the above are challenges facing the application of Istihsan in modern Muslim Law.

What are some of the ways to address the challenges facing the application of Istihsan in modern Muslim Law?

  1. Developing a clear methodology for applying Istihsan

  2. Providing training to judges on the proper use of Istihsan

  3. Encouraging judges to consult with scholars when applying Istihsan

  4. All of the above


Correct Option: D
Explanation:

All of the above are ways to address the challenges facing the application of Istihsan in modern Muslim Law.

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