Istiskhab in Islamic shariah

Abstract

This article considers the probative value of istiskhab in Islamic law while making a provision. To determine the religious norms of Islamic law methodology a number of religious evidences are used. Muslim legislators contemplate these evidences, dividing them into two main categories. The first category includes the Koran arguments, Sunnahs, Izhmys (consensus) and qiyases (analogy). If the arguments of the first category are unanimously accepted, then the arguments of second category are those on which opinions are ambiguous. Istiskhab is considered from the last category of arguments.
Istiskhab is applied in the case when it is impossible to find another argument on this or that problem. All mazhabs have withdrawn provisions, based on the istiskhab argument. However, with respect to particular applications, scientists have given it different names. The istiskhab argument is one of the methodologies which ensured the scholars of fiqh to act with ease and freedom for the solution of issues in the vague provisions, which have contributed to the rapid and proper solution of problems.
Key words: Istiskhab, evidence, islamic law, hanafic mazhab, islamic shariah.