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Al-Sarakhsī answers the charge directly. Calling one ruling “preferable” to another, he argues, names a choice between two proofs, not a turn away from proof:
اسْتِحْسَان الْعَمَل بأقوى الدَّلِيلَيْنِ لَا يكون من اتِّبَاع الْهوى وشهوة النَّفس فِي شَيْء“Considering it preferable to act on the stronger of the two proofs is in no way following caprice or personal desire.”Uṣūl al-Sarakhsī, al-Sarakhsī · 2/201The critics then changed their objection. If istiḥsān always rests on other proofs, later writers such as al-Shawkānī asked, why give it a name of its own at all?
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