The Application of the Rule of Istihsan bi Al-Maslahah (Juristic Preference by Interest): A Practical Approach on Some Medical Treatment

Islamic jurisprudence is built from two major foundations which are to give maslahah (interest) to human beings and push away all the troubles from them. This is as stated in the method of fiqhiyyah which is “Jalbu al Masalih wa Dar’u al Mafasid”. Istihsan is one of the secondary sources in Islamic law that is created from the principle of maslahah. Islamic jurists define istihsan as leaving a designated law to a new law, in an event with the acoount of Islamic primary sources and current relevance. Today, the method of istihsan is used to solve many current social issues. This study is done using the methodology of library research to prove the relevance and efficiency of this method in countering new emerging issues. Several current medical issues are analysed with the use of printed and electronic resources. These issues are then examined and scrunitised from Islamic point of view to visualise the process of law designation through the method of Istihsan bi al Maslahah that is utilised by some Islamic jusrists to give answers to current problems. The outcome of this research is important as an evidence that Islam is a religion that is also capable of solving current issues.