Examining the practical principle or statistical nature of istishab

Subject Areas : All jurisprudential issues

Abolfazl Roozbahani ¹ , asghar arabiyan ² , Seyed Mohammad Sadegh mousavi ³

1 - تهران،میدان رسالت،خیابان هنگام،کوچه بیهقی،پلاک ۳۰،واحد ۵
2 - head of the department of privet law
3 - Associate Professor of Shahid Motahari University

Received: 2021-03-03 Accepted : 2024-08-16 Published : 2024-09-17

Keywords: Istehhab, practical principle, statistics, ijtihad reason,

Abstract :

Istehhab, which is one of the most widely used topics in the sciences of jurisprudence and the principles of jurisprudence and law, is defined in its definition: From the beginning of the science of the principles of jurisprudence, until the time of Vahid Behbahani, the scholars of the principles believed that the reason for the legitimacy of istishab is narrations and istishab is a devotional and founding rule in case of doubt and as a result istishab is one of the practical principles. However, most fundamentalist scholars after the time of Vahid Behbahani believe that the reason for the legitimacy of istishab is the intellect and manners and method of the wise, therefore, istishab is a presumption. Sheikh Ansari, with the initiative of practical principles, put Istehhab next to the other three practical principles and changed its nature from being a narrative to a practical principle. If we consider istishab as a statistic, istishab is a way and a discovery for reality. But if we consider it as a principle, it is obligatory only to remove the bewilderment and confusion, and its benefit is in the place where istishab conflicts with a statistic, while if we believe that istishab is a statistic, they fall for two reasons, but if we believe that Istehhab is the principle, in which case the statistic precedes and enters into the principle of Istehhab. Because we go to the principles of jurisprudence when we call it the principles of ijtihad.