Accompanying, its Argument and Effect in The Rules: A Comparative Comprehend Principles Study

Deduction by using istishab, as the last jurisprudence and methodical plan calls the diligent to seek thoroughly the alterative proof in order to deal well with the new incident. New incidents are shaped on the light of what encompassed the past incident and that its provision was taken under the circumstances and the impacts of the past. Therefore, the fact of istishab is the use of the precedent and proved provision and validating it over the new incident. Clearing this is the main target of this research. To achieve this target, I divided this work to introduction, preface and five chapters. In the introduction : I indicated the importance of the research, why I preferred this topic, the followed methodology and last I surveyed the previous researches and studies in it. In the preface : I pointed out shortly the issue of limited texts and limitless of incidents , a fact that assisted the ulama to indicate the perfection and the flexibility of the Islamic Sharia. The first chapter : I highlighted the essence of istishab, its linguistic and religions definition, its bassc elements and requirements, and its position among the religions evidence. The second chapter : I called sorts of istishab. Here I discussed the most important kinds of istishab that the ulama studied by the Quran and the Hadith (Traditions of the prophet). I also cleared their contradicting points. In the third chapter : I discussed the cogency of istishab and pointed out three schools, the advocators, the absolute antagonists and those who accept it for disproof without any proof. I also exposed and studied their important evidence and cleared the sources of the contradictions between the ulama around their cogency. The fourth chapter : I dedicated to the foundations of istishab. I reviewed the main foundations to be used in istishab such as certainty does not disappear by uncertainty, the origin is to leave it as it was, a quittance is the source and every profitable is permitted. I also presented what I believe the most acceptable foundations. In the last chapter: I spoke about the impact of istishab on the legislative provisions. Some of the istishab issues dealt by theologians, I studied briefly and argued their validity. I closed the research with the main results that I reached.