Keeping away from the era of issuing texts and emerging issues, and considering the insufficiency of ijtihad reasons to remove doubts, to determine the duty of the obligee, one should stick to the evidence of jurisprudence that has the ability to cover all doubts. Among the jurisprudential evidences, or the practical principles, is the principle of Istihab, which plays an important role in solving these types of problems due to its certainty. If Istihab flows in the doubts of Hakmiyah, it can solve many problems on the path of Mujtahid. However, the flow of Istihab in Hakamiyyah doubts is not unanimous; Those who believe that there is no flow of Istihab in the doubts of Hakimiya, sometimes by insisting on the non-application of the reason of Istihab, and sometimes by claiming the constant conflict of Istihab in this type of doubts, believe that it is not possible to adhere to it in the doubts of Hakimiya. On the other hand, the fundamentalists have not accepted these two arguments. In this article, we have analyzed the arguments of the supporters and opponents of the Istihab trend using a library-analytical method with a new presentation. The result was that Istihab is current in the doubts of Hakmiyah; Because the application of evidence to the doubts of the ruling is fixed and there is no obstacle to adhere to it.
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