Schools of thought- A question

[Muslimah16]

:salam2:
i have a question.
Imam Abu Hanifa Rahmatullah alayhi strongly agrees with 'istihsaan' (equity)
whereas Imam shaafi Rahmatullah alayhi doesn't.
So i was wondering if maybe someone could tell me why he opposes to this and what is a Hanafi's response to his opinion.
JAzakAllah khair, Shukran

 

[Muslimah16]

jazakAllah for correcting me.
i think you misunderstood the last bit bro. I asked what is a hanafizzzz response to that. Not imaan Abu hanifa
please brother, i hope you didnt take that offensive.
But jazakAllah khair bro. I take it we Hanafizz dont have an answer?

 

[Muslimah16]

oh jazakAllah soo much brother Ayman and Brother Abdul Musa'ir

that really helped brothers.

Ma'assalama

 

[daywalker]

Both the principle Istihsaan used by Imaam Abu Haneefah R.A. and Istislaah(nearly same meaning like Istihsaan with different word) used by Imaam Maalik R.A. were rejected by Imaam Ash-Shaafi'ee R.A. and considered a form of Bid'ah [innovation], since, in his opinion, they were based mostly on human reasoning in areas where revealed laws already existed. However, in dealing with similar issues ash-Shaafi'ee was obliged to use a principle similar to Istihsaan and Istislaah which he called Istis-haab. Istis-haab literally means seeking a link, but legally it refers to the process of deducing Fiqh laws by linking a later set of circumstances with an earlier set. It is based on the assumption that the Fiqh laws applicable to certain conditions remain valid so long as it is not certain that these conditions have altered. If, for example, on account of the long absence of someone, it is doubtful whether he is alive or dead, then by Istis-haab all rules must remain in force which would hold if one knew for certain that he was still alive.

so Istihsaan,Istislaah and Istis-haab are on the same line with some strict and lenient terms and condition and defination.

may sheikh abdul musair correct me.