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Istishab


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Islamic legal term for the presumption of continuity, where a situation existing previously is presumed to be continuing at present until the contrary is proven. Typical examples are the presumption that a sixth daily prayer is not mandatory, since texts require only five, and that an inheritance cannot be claimed from a missing person until evidence is presented that he or she is dead. Accordingly, a person is presumed to be free from liability until the contrary is proven.

Subjects: Islam.


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