Istishab

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Istiṣḥāb (

Islamic term used in the jurisprudence to denote the principle of the presumption of continuity.[1] It is derived from an Arabic word suhbah meaning accompany.[2] It is one of the fundamental principles of the legal deduction that presumes the continuation of a fact. It is based on probability and can be applied in the absence of other proofs.[3]

Istishab, an initiative of

Hanafi jurists refusing to regard it as an evidence.[6][7] It is now widely employed by the contemporary scholars.[8][9]

Definition

Ibn al-Qayyim defined it as[10]

The continuation of what is established or the negation of what does not exist, i.e. it is the judgement, negative or positive, continues until there is evidence of a change of state. This continuance is not proved by positive evidence, but by the absence of the existence of new evidence.

Al-Qarafi
expressed it as the validity of the former state in the following words.

Istishab means the belief that the past or present matter must be assumed to remain as it is in the present or future.

Types

Istishab is divided into several types. The majority of the scholars agree upon three types.[11]

Presumption of the original absence

It is the absence of any

Shariah norms on an adult Muslim, until their legitimacy is established. An example is the absence of the mandatory sixth prayer for a Muslim, the presumption of the person's innocence of a crime, etc. Islamic theologians are unanimous regarding the validity of this type.[12]

Basis in everyday life is permissibility

The overwhelming majority of jurists believe that the basis in useful everyday things is permissibility and in harmful things is prohibition. For example, a certain type of food is allowed until a Sharia argument is established, proving its prohibition.

Presumption of existence before evidence is available

If there are Sharia texts with respect to any norm, backed up by the Istishab, then statements about the abolition of this rule will not be accepted until they are backed up by evidence. An example is the continued ownership of property rights. The application to terminate property will not be accepted until evidence is submitted supporting these statements. Another example is the validity of the ablution, which will not invalidated on the mere basis of doubt.

References

  1. ^ "Istishab - Oxford Islamic Studies Online". www.oxfordislamicstudies.com. Archived from the original on August 2, 2015. Retrieved 2017-11-30. Islamic legal term for the presumption of continuity, where a situation existing previously is presumed to be continuing at present until the contrary is proven.
  2. ^ Team, Almaany. "ترجمة و معنى استصحاب في قاموس عربي انجليزي" [Meaning of Istishab in English Arabic Almaany Dictionary]. www.almaany.com. Retrieved 2017-11-30.
  3. ISBN 9781599425177
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  4. ISBN 9780989290548
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  5. ISBN 9781317055624
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  6. OCLC 54049210.{{cite book}}: CS1 maint: multiple names: authors list (link
    )
  7. ISBN 9789004311770
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  8. ISBN 9781780740379
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  9. ^ "Al Qawaaid al Fiqhiyyah - Shakeel Mahate". www.smahate.com. Retrieved 2017-11-30.
  10. ^ "The Eighth Principle: The Principle of Istishab (Presumption of Continuity)". www.iium.edu.my. Retrieved 2017-11-30.
  11. ISBN 9004115951
    .
  12. ISBN 9789004311770
    .
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