This is legal information only. For advice on your own circumstances, speak to a lawyer.
Juristic preference — departing from strict analogy for a better outcome.
In Islamic law
Associated particularly with the Hanafi school. The Shafi'i school is notably critical of it as a source.
In Canadian law
Loosely comparable to equitable discretion.
Across the madhahib
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Note
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position.
Scholarly & institutional references
- Encyclopaedia of Islam — Brill
- Oxford Islamic Studies / Oxford Reference — Oxford University Press