Al-Esteshab | ||
| Journal of Juridical and Political Science | ||
| Article 1, Volume 3, Issue 1, June 2014, Pages 89-131 | ||
| Author | ||
| Assistant Professor Dr. Habis M. Khalifa Hatamlah | ||
| Abstract | ||
| I have studied in this research Al-Estishab; which os probable judgement with theremain of a thing in presence. Because it has been provef previously being denial or proof and because it is suspected being uchanged. I have also spoken about Al-Estishab syntactically and semantically. And its pillars, conditions, types and degree of its evidence. Moreover, scientists' doctrines their evidence and Al-Estishab in the modernized issues such as "Brain death". Islamic Shariah is valid in all places and times and it accommodates all developments that arise in human life. The researcher has concluded some results; the most important is the Estishab one of the Shri3ah evidence that aims for the realistic application for the Shari3ah totals and purposes on the partial new development events in light of the surrounding conditions. And Al-Estishab is used when there is no other evidence. The study recommended that more studies be undertaken to understand the reality of contemporary applications of Al-Estishab. | ||
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