Istishab (coming soon)

Istishab is continuity Imam hatab says “among the other proof in which there is disagreement is Istishab. Istishab has 2 meaning 1 of them is agreed upon.” and indicated by Imam Hattabs statement. The meaning of itishab state what is required in the absence of shari’ proof, we assume continuity in principle of a principle of a ruling when you don’t have a legal proof if a mujtahid does not find a limit to his capacity, he is looking for evidence for fasting in rajab and he can’t find it then it is not obligatory why? Because itishab presumed continuity of the root state as the absence of a root proof of this obligation or a lack of proof of the obligation of praying more than the main prayers of the day. In simple terms choose the best most likely option we go with a default assumption, a man is trying to prove fasting in rajab the default assumptions is that you don’t because you don’t have proof, If I said you had to fast in shawal the default assumption is to not pray every month until proving otherwise but the opposite is we know Ramadan is exceptional in that regard

Imam Hattab continues

2^nd meaning of itishab means which there is disagreement “it is the ascertainment of an issue in a 2^nd time because it was previously established at a prior time in continuity in previous ruling. This is a proof for Maliki and shafis not the other school, we take the previously prevailing opinion over taking a new opinion that is fresh but less safe we prefer what is established.

The amal of Medina

In a sense the Maliki doctrine of amal of ahlul medina is the original istishab, when there is no clear Quran or hadith basis the safest thing would be look at what Medina would do if we take the 2^nd definition of itishab which is a very interesting point another interesting point is Imam shafi’I is a student of Imam Malik.

recap of Itishab

Itishab is presumed continuity where you assume the default ruling upon something without taking a jump to give a ruling upon something not obviously assumed as default. That is like choosing the safer option which is similar to tarjih which is chooser a preferred option upon the viable conclusions found in Islamic jurisprudence. Imam Hattab mentions that Imam Juwaynis has ordered the different proofs in usul al fiqh out the strength from the most reliable to the least reliable. In most of the Islamic text the Faqih will list first his preferred opinion then what other Islamic thinkers have said.

Tarjih

Imam Juwaynis and hattab mention that proofs, the clear and manifest proofs (Tajala) have precedence over the obscure proofs (less manifest) this is like the clear proof the Zahir or the reinterpreted just like a literal meaning takes precedence over a figurative meaning (in written or spoken meaning). The Sunni position allows for both of these and it the wasat path (middle) the dhahiris on the other hand although among the Sunnis take an incorrect pathway by being literalist and do not take any figurative meaning (or not very often) and another extreme would be the Ismailis would be the opposite of the dhahiris and take the figurative meaning over the literal and clear meanings which is not permissible as you cannot ignore clear proof. Ahlul Sunnah wal jamaat are the most reasonable because we take both the literal and the figurative meanings where they are most reasonable. The proof that necessitates knowledge takes precedence over the proof that takes zan (thought) this means that thought is a step below what you know for sure is true. Similarly, a mutawatir report has precedence over a singular reported hadith (except if the mutawtir is general and the ahad hadith is a specification of the general hadith then in that case the opposite would be true).

Pronounced uttered words

Nataq which means the nass of the Kitab and the Sunnah according to Imam Hattab except of the natq is general and the Qiyas is a specification of it as specific exceptions supersede general rules and clear analogy such as Qiyas with an illa (the common characteristic or the principles at stake in a usl in the original case and in another context) then that is stronger than Qiyas. If you do find a nataq while doing Qiyas then you find something else from Quran and Sunnah that contradict it what do you do? Imam juwayni says “is clear, you throw that principle out the window.” This is obvious because what is clear in the Quran and the Sunnah will override anything else as that is the religion this also shows you people being stern upon Quran and Sunnah isn’t anything new as Imam Hattab and Imam juwayni were staunch supports of following Quran and Sunnah above all things.

Ijma or Qiyas is overridden by Quran and Sunnah

If you find Ijma or Qiyas all of these can be superseded by the Quran and the Sunnah. The Quran is complete there are not new verses of the Quran its all codified and compiled and intensely studied by 10s of thousands for 1400 years leaving only 2 possibilities 1. You are reminding people of the known correct understanding or 2. Coming with a new understanding of Quran and Sunnah this also extends to the Hadith which are known and codified giving us a 3^rd option for the hadith which would be 3. take the known hadith recompile them and regrade them meaning take what was known as weak and claim them as sahih for new fiqh formulations. (Which we have seen in our times)