Definition of Istishab
Etymologically, istishab derived from the word
"istashhaba" which means always or continuously. Then istishab means
always accompany or always accompanies. Terminologically, istishab is to stick
to the existing law of an event or events until there is a proof (dalil) that
changing the law.
From the definition above, it can be
understood that istishab are:
1. Any law that has been established in the
past is still valid today, unless there has been a proof (dalil) that changes
it.
2. Any law that existed at the present time,
certainly it has been set in the past.
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