Approval - Objectives of Islamic Law

Abstract

Indeed, Allah the Almighty did not create anything in vain, but He created everything with a purpose and objective. This objective, when it relates to His creation, is the preservation of their worldly and hereafter interests. To achieve this objective, He legislated rulings that safeguard their interests. These rulings are based on the evidence that the legislator has authorized to be used, such as the Quran, Sunnah (Prophetic tradition), consensus, and analogy. However, in some cases, adhering strictly to the literal meaning of the evidence may impose hardship and difficulty on the accountable individuals. Therefore, it becomes necessary to deviate from it in order to realize the objective of the divine law in alleviating hardships for the creation. This deviation from the apparent meaning of the initial evidence is known as "approval" (istiḥsān), and it varies depending on the type of evidence that is being modified. Scholars differ in their views regarding its validity and its status as a legitimate evidence. Indeed, those who reject its validity do so primarily due to the specific name given to this deviation. After explaining the true nature of approval, its compatibility with the objectives of Islamic law becomes evident in terms of its conceptual understanding. Moreover, it aligns with the objectives of legislation in serving the interests of mankind in their various forms. Since it fulfills these criteria, it is considered a reliable and legitimate means to derive legal rulings, and therefore, it should be duly considered as evidence.