الاسْتِصْحَابُ، حُجِيّتُهُ في أصول الفقه الإسلامي

Abstract

 Istishab means invoking an old sound verdict from a previous era to cover a new event. Finding proof in Al-Istishab is the final systematic and scientific legal plan, which necessitates that the extrapolator look most carefully for the changing evidence to cover a new event at a different period of time.

When this extrapolator looked for the changing evidence and could have no access to it, then he will relate to a previous verdict which belongs to another era to use it for the new event, which happened much more contemporarily.

Regarding the validity of Al-Istishab in Islam, I divided the research into the following parts:

Those who fully accept the validity of Al-Istishab versus the ones who completely reject its validity and the third group which accepts its validity to remove harm without providing any proof.

The research shows the importance of the evidence they relied on and discusses these evidence and reveals the origin of dispute over its validity among scholars. Finally the research has shown the most acceptable opinion regarding the validity of Al-Istishab.