Secondary Sources of Shariah (Istishab)

____________ refers to the facts or rules of law, whose existence or non-existence had been proven in the past presumed to remain until it can be proved it no loner exists or has been modified.

• Istisna

• Istihsan

• Urf

• Istishab

What does Istishab mean literally?

• Neglecting

• Abandoning

• Withdrawal

• Escorting

What does Istishab mean technically?

• Facts or rules of law whose existence or non-existence had been proven in the past should be presumed to have still continued as such for lack of establishing any change.

• Facts or rules of law whose existence or non-existence have been proven in the past should be presumed to be not continued as such for lack of establishing any change.

• Customs and social habits of people throughout the Muslim world were accepted as a secondary sources of the Islamic law as long as they did not contradict with the shariah

• Legal principle which authorizes departure from an established precedent in favor of a different ruling for a reason stronger than the one.

What is the right example for Istishab?

• The settlement of trade transactions is based on custom currency.

• Long absence of someone, it is doubtful whether he is alive or dead. Therefore, all rules must remain in force which in one knew that he was still alive. (until there is a prove that he was dead).

• Charging a uniform fee for certain services.

• The right of the government to collect taxes from the rich other than zakat.

Whose method and contribution is Istishab?

• Hanafi and Ghazali.

• Shafi'e and Ghazali.

• Shafi'e and Hanbali.

• Hanafi and Hanbali

There are two types of Istishab below, except

• Istishab Binnas

• Assuming a law of origin is continuous as long as there is no proposition to the contrary.

• Istishab Mu'tabarah

• Assume the continuity of the law of consensus on the disputed issue.

Istishab cannot be used as an argument in Islam. This opinion is by:

• Jumhur Ulama Mutaakhirin al-Hanafiyah.

• Jumhur Ulama.

• Islamic scholars agree.

• Majority of Hanafi and Mutakallimin Scholars

Istishab can only be used as an argument on matters of nafi only, not on ithbat. This opinion is by:

• Islamic scholars agree.

• Jumhur Ulama.

• Jumhur Ulama Mutaakhirin al-Hanafiyah.

• Majority of Hanafi and Mutakallimin Scholars.

Istishab is the primary source of Shariah.

• True

• False

Istishab can be used as an argument in Islam.

• True

• False