Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat [Part 28]
Presumption of continuity (Istishab) according to the principles of Usul Al-Fiqh means presumption of the continuity of the original rule when there is no Shariah evidence that changes the rule.
In other words, the rule that is confirmed in the past shall continue in the future until Shariah evidence changes it.
For example, if a person claims that there is an obligatory prayer other than the five obligatory prayers prescribed by Islamic Shariah, he is required to bring Shariah evidence that supports his claim. That is because the original rule is that such a prayer is not obligatory.
Thus, the original rule that there are only five obligatory prayers must be prayed until Shariah evidence exists that changes the original rule.
Some Principles About Presumption of Continuity (Istishab) According to the Principles of Usul Al-Fiqh
• Beneficial things are essentially permissible.
• Harmful things are essentially prohibited.
• Contracts are essentially permissible except for contracts that are prohibited by Islamic Shariah.
• Certainity cannot be removed by doubt.
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