Afghanistan Defense Attorney Entrance Exam Practice Questions - Afghanistan Defense Attorney Entrance Exam (Ministry Of Justice) Exam

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Which of the following describes the doctrine of 'Istihsan' (Juristic Preference) as utilized in the Hanafi school of law?

Arbitrary personal preference by a judge without reference to legal texts or principles Departing from a strict, apparent analogical deduction (Qiyas Jali) in favor of a concealed, stronger legal principle (Qiyas Khafi) or necessity Applying foreign customary statutes when statutory domestic provisions are ambiguous Suspending criminal liability whenever the accused demonstrates remorse during trial

Correct Answer:

Departing from a strict, apparent analogical deduction (Qiyas Jali) in favor of a concealed, stronger legal principle (Qiyas Khafi) or necessity

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