Istishab

Istiṣḥāb (Arabic: استصحاب transl. continuity) is an 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 ash-Shafii,^[4] 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 and ash-Shafii regarded it to be a proof until it is contradicted.^[5] Several classical jurists differed over this principle with some Hanafi jurists refusing to regard it as an evidence.^[6][7] It is now widely employed by the contemporary scholars ^[8][9]