استصحاب اہل تسنن اور اہل تشیع کے علمائے اصول فقہ کی نگاہ میں(ایک تحقیقی اور تقابلی جائزہ)
ISTISHAB IS AS SECONDARY SOURCE OF FIQH A COMPARATIVE STUDY OF AHLI-E-SUNNAH AND AHLI-E-TASHYYO SCHOOL OF THOUGHTS
Dr Muhammad Nazir
High secondary School Teacher Skardu Baltistan
Istishab: The word “Istishab” means the continuance of companionship. Technically it means the presumption of constant of an earlier rule or its continued absence. In this sense, it means the maintenance of status with respect to the rule. The previous rule is accepted Unless a new rule is found that goes against it. It is an easy reference one may refer to “Istishab-ul-hal” as the “accompanying rule”. But the fact is that Istishab-ul-hal is not a source for establishing new rules, but it is merely a set of presumptions. Istishab has vital importance in Islamic jurisprudence. “Istishab” is used until and unless a new rule is not found from the Holy Quran and Sunnah as a “Hukam”. The significance of Istishab cannot be denied. “Shakk” is an important part of human life and Istishab has the solution for this problem of “Shakk” therefore Istishab is used as one of the sources of sharia after the Holy Quran, Sunnah, Ijma, and Aqil for the personal activity of human life.
KEYWORDS: Fiqh, Istishab, Hukam, Shakk, Ijma, Qiyas, Aqil and Istishab-ul-hal.