موقف ابن تيمية من مذهب الحنابلة في القول بالاستحسان والفروع المبنية عليه عندهم

الملخص EN

The topic of Istihsan as legal evidence is one of the issues that the fundamentalists built on reversing a ruling based on analogy, to another ruling for stronger evidence, and the Hanbalites are many in defining it, and clarifying that most of the texts on the authority of Imam Ahmad say it.

But Ibn Taymiyyah discussed this rooting, and made the topic a branch on the topic of “specifying the cause”.

This research paper will refer to the opinions of the Hanbalis in Istihsan, with a statement of what Ibn Taymiyyah went to, as a basis for his saying, and a discussion of what the Hanbalis mentioned from the branches of jurisprudence based on their rooting.

The importance of the study lies in terms of the need to know the efforts of the Hanbalis to clarify the meaning of Istihsan for them, and to clarify Ibn Taymiyyah’s position on what they mentioned, rooting and differentiating, The study relied on the inductive approach by mentioning the sayings of the Hanbalis in their definition of Istihsan, then the analytical method by analyzing and discussing what Ibn Taymiyyah went to in his discussion of the issues that the Hanbalis branched into saying Istihsan with the use of the deductive approach by taking a comprehensive perception of what Ibn Taymiyyah went to in rooting the topic of Istihsan.

In order to answer that, three sections had to be developed, the first to explain the Hanbali doctrine in defining Istihsan, and its authenticity to them, the second topic to clarify the basic features adopted by Ibn Taymiyyah in his discussion of the study of Istihsan, and the third topic to clarify the issues in which Ibn Taymiyyah discussed the Hanbali doctrine.

The results of the study came with the adoption of the Hanbalis for the evidence of Istihsan and that it is the door to provide the strongest evidence for the correct analogy, and unlike them Ibn Taymiyyah, who made the Istihsan based on “the allocation of the cause”, and that the correct analogy is not opposed by Sharia, and for this the study recommended increasing research on the topic of Istihsan and studying what Ibn Taymiyyah went to Compared with other schools of jurisprudence.