The Theory of Istiṣḥāb as being Amāra and its Legal and Doctrinal Outcomes

Document Type : Research Article

Authors

• Akbr Aḥmadī
• Sayyid Muḥammad Riḍā Imām

10.22067/fiqh.v0i0.11093

Abstract

One of the most functional reasons in the methodology of Islamic principles and jurisprudence as well as law is istiṣḥāb (presumption of continuity). Istiṣḥāb is judgment on the continuity of what has existed in the past. Most of the legal theoreticians, after Waḥīd Bihbahānī, believe that istiṣḥāb is a
practical principle; however, further research into the evidences for the validity of istiṣḥāb indicate the verity of the theory of istiṣḥāb as being amāra (indication leading to speculative evidence). Intellect, the attitude of the intellectuals, and traditions all denote the inclusion of the initiality (kāshifiyyat) aspect in the validity of istiṣḥāb. Lack of devotional tendencies in the methods of the intellectuals, the istiṣḥāb as being amāra in the viewpoints of the jurists preceding Waḥīd Bihbahānī, and the necessity of realistic viewpoints in jurisprudence, all confirm this theory. The validity of legal outcomes resulting from the intellectual and normal requirements of mustaṣḥab (i.e. the object of istiṣḥāb) as well as the advisability of substituting istiṣḥāb with knowledge is among the most important outcomes of (the theory of) istiṣḥāb as being amāra.
Keywords: istiṣḥāb, practical principle, amāra, the attitude of the intellectuals, establishing (muthbit) principle.

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