Istishab ( ar, استصحاب ) is an Islamic term used in the

jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...

to denote the principle of the presumption of continuity. It is derived from an

Arabic Arabic (, ' ; , ' or ) is a Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C. E.Watson; Walter ...

word ''suhbah'' meaning accompany. It is one of the fundamental principles of the legal deduction that presumes the continuation of a fact. It is based on

probability Probability is the branch of mathematics concerning numerical descriptions of how likely an event is to occur, or how likely it is that a proposition is true. The probability of an event is a number between 0 and 1, where, roughly speakin ...

and can be applied in the absence of other proofs. Istishab, an initiative of ash-Shafii, is the rationalistic principle of extracting a legal solution according to which changes are not considered to occur until clear signs of these changes are apparent. It serves as the basis for many legal rulings such as the presumption of innocence—the person is regarded as innocent unless proven guilty.

Malik ibn Anas Malik ibn Anas ( ar, مَالِك بن أَنَس, ‎ 711–795 CE / 93–179 AH), whose full name is Mālik bin Anas bin Mālik bin Abī ʿĀmir bin ʿAmr bin Al-Ḥārith bin Ghaymān bin Khuthayn bin ʿAmr bin Al-Ḥārith al-Aṣbaḥī ...

and ash-Shafii regarded it to be a proof until it is contradicted. Several classical jurists differed over this principle with some

Hanafi The Hanafi school ( ar, حَنَفِية, translit=Ḥanafiyah; also called Hanafite in English), Hanafism, or the Hanafi fiqh, is the oldest and one of the four traditional major Sunni schools ( maddhab) of Islamic Law (Fiqh). It is named a ...

jurists refusing to regard it as an evidence. It is now widely employed by the contemporary scholars

Definition

Ibn al-Qayyim Shams al-Dīn Abū ʿAbd Allāh Muḥammad ibn Abī Bakr ibn Ayyūb al-Zurʿī l-Dimashqī l-Ḥanbalī (29 January 1292–15 September 1350 CE / 691 AH–751 AH), commonly known as Ibn Qayyim al-Jawziyya ("The son of the principal of he school ...

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

Types

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

Presumption of the original absence

It is the absence of any

Shariah Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the ...

norms on an adult Muslim, until their legitimacy is established. An example is the absence of the mandatory sixth

prayer Prayer is an invocation or act that seeks to activate a rapport with an object of worship through deliberate communication. In the narrow sense, the term refers to an act of supplication or intercession directed towards a deity or a deified ...

for a Muslim, the resumption of the person's innocence in a crime, etc. Islamic theologians are unanimous regarding the validity of this type.

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 Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcohol ...

. 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

{{Authority control Arabic words and phrases in Sharia Islamic terminology Islamic jurisprudence