Introduction
Continuation of existing established principle. (الأصل بقاء ما کان علی ماکان)
This word is derived from the word “Musahibat”. The meaning of “Musahibat” is to seek companionship, to be together. To cling to each other and not to be separated. To remain. To continue. To remain in the same state of something until something is found to change it.
Literal Meaning.
The literal meaning is to maintain the existence or non-existence of something in all circumstances, until a change is proven.
The clearest definition of Isti-Sahhab is given by Allama Shawkani. That which has been practiced since the past will remain in its original form in the present and future, provided that there is no ruling that changes it. This means that what has been practiced since the past and there is nothing against it will remain in its place.
Types of Istishab
Istishab Abahat. الاصل فی الاشیاء الاباحۃ
This means maintaining the principle of permissibility. In all things that are of no benefit and the Sharia has not given any clear and definite ruling on their prohibition, the principle of such things is that they are permissible. Unless there is any evidence to change the principle of such things, the ruling on their permissibility will be based on istisahāb.
Istishab Barat ul Aslia
This means upholding the principle of being exempt from liability. The principle is that no person is responsible for any obligation and that he is not liable for all kinds of obligations. The exempt person is not liable unless there is a Shariah evidence that proves his responsibility. If a text has been issued regarding a ruling, then a person is bound by that ruling only to the extent that the Shariah has made him obligated. “Original exemption” is also called “original absence”.
General command Istihsab
This means maintaining the generality of a rule until there is a reason to make it special. In the absence of a reason to make it special, the generality of a rule will be maintained and no exception will be made to a general rule without any reason.
Isti-Sahhab by ruling from a text
This means that a ruling derived from a Sharia text will be considered valid until another text proves the abrogation of that ruling.
Istishab Maqloob
The literal meaning Istishab Maqloob is reverse Istishab. This means that if the existence or non-existence of something is proven in the present tense, then the proof of that state in the present tense should be used as evidence for the same state of that thing in the past tense as well. This is also called the present Istishab in the past.
Istishab Hukm e Ijmah
This means that in the event of disagreement among jurists on an issue, the ruling established by consensus should be upheld. If a gathering is held on a ruling on an issue, and then a gathering is held, and later on, a change occurs in any aspect of that agreed ruling, which leads to a difference of opinion among the jurists regarding the ruling on the issue at hand, then in the event of such difference, the ruling that was established before the consensus will continue to be followed as recommended, unless some evidence is presented that invalidates the ruling that was established by the consensus.۔
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