Takhayyur

Takhayyur

In Islamic law, the practice of choosing which rules to follow from various schools of thought. For example, if one school of jurisprudence permits one action while a different school prohibits the same action, takhayyur allows an individual scholar to choose which school to follow. Choosing the most lenient rules from different schools of jurisprudence is a controversial practice.
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A code could therefore serve as a relatively effective means of restricting the state's ability to use its power of takhayyur arbitrarily, relative to the default rule of the classical Islamic constitution which theoretically allowed the state and its officials to make case by case decisions on grounds of the public interest.
bar]l al-fiqh, Hallaq is too harsh on modern Islamic legislation: he dismisses modernist techniques such as takhayyur as "hav[ing] been forbidden in Islamic law, for both the jurists and 'state authorities' (p.
bar] was concerned about the moral consequences of takhayyur, he also recognized that the political consequences of takhy[i.