What are the forms of istishab?
Istishab (presumption of continuity) means that what was established in the past is presumed to remain in the future unless there is something that changes it. The (Islamic jurist) searches for the ruling in the Qur’an, , Ijma (consensus), and (analogical reasoning). If he does not find it, he derives the ruling from istishab al-hal (presumption of continuity of a state) in negation and affirmation. The forms of istishab are: presuming the continuity of what reason and Shari'ah have indicated as established and continuous; presuming the original non-existence (al-adam al-asli); presuming a proof with the possibility of a contravening factor; and a ruling established by Ijma in a disputed matter. Istishab is only resorted to after exerting effort in searching for a (textual) proof.
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