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INTRODUCTION
There are two main sources in Shariah law, which are, primary
ii.
ISTISHAB
Istishab Al Adam Al
Asli
Istishab Al-Wasf
TYPES OF
ISTISHAB
Istishab Al-hukm
DIAGRAM 1
ISTISHAB
ISTISHAB
ISTISHAB
ISTISHAB
ISTISHAB
ISTISHAB
ISTISHAB
i.
ii.
ISTISHAB
solely used to defend existing rule, status and law but not to establish
a co-operative partnership with Dato Seri Vida to launch a new cosmetic product. He also
new hukm or right. The second view is supported by Imam Hanafi, Imam
owned 10 percent of shares in Petronas, the oil and gas leading company in Malaysia. He
already married with a Korean woman, named Park Min Young and have two kids. One day,
Mr Aiman need to attend a business trip to Shanghai, China and the flight, that is, MH370 that
he took is being missing from the radar and cannot be traced. There are so many speculation
arises. The Malaysian believed that the flight is being hijacked by the terrorist and some of
them believed that the flight faced some technical problem and falling into the sea. There is
no one can confirm what happened exactly to that MH370. Two years have passed and there
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is no latest news about that incident. In this case, we can assume Mr. Aiman is a missing
person.
ISTISHAB
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ISTISHAB
To sum up, for the Shafii and Hanbali jurists, Istishab denotes a
continuation of that which is proven and the negation of that which has
not existed.
CONCLUSION
In a nutshell, Shariah refers to a set of rules and regulations that
governing the lives of muslim. Shariah isnt only symbolized worship,
morals and conduct, but, it embraces the political, social and economic as
well. Shariah is surely perfect as it comes from a various sources that
have elements of divine in nature that is primary and secondary sources
including Istishab. Istishab mainly concerned with the establishment or
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ISTISHAB
objection of fact and evidence. Although there are scholars who refuse to
accept Istishab as a sources of Shariah, its still relevance and believable
as it contains element of divine and Ijtihad. This kind of Shariah source is
applicable either in the absence f other proofs or as a means establishing
the relevance of the existing proof. It also mainly concerned with the
establishment or rebuttal of fact and evidence.
References
Ahmad, A. U. (2010). Theory and practice of modern in Islamic. Florida: Brown
Walker Press.
Azkiah, H. (2016, Jun 13). Retrieved from Academia Web site:
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ISTISHAB
http://www.academia.edu/11733442/Istishab
Hashim Kamali. (2004). Principles of islamic jurisprudence. Retrieved November
15, 2016, from
https://thequranblog.files.wordpress.com/2010/04/istishab.pdf
Mukhlis, H. (2014, Jun). Retrieved from SlideShare Web site:
http://www.slideshare.net/HabibJoelAlMukhlis/istishab-34370091
Syariffudin, A. (2011, March 22). Ushul Fiqh Jilid 2. Jakarta: Kencana. Retrieved
from
http://arizaekky.blogspot.my/2013/03/istishab.html
The Shipedia. (2012, February 18). Retrieved November 14, 2016, from A Shiah
Islamic : http://www.theshiapedia.com/index.php?title=Istishab
The System Of Ijtihad. (2016). Retrieved November 14, 2016, from Al Islam :
https://www.al-islam.org/introduction-islamic-shariah-sayyid-muhammadrizvi/system-ijtihad
Zahrah, M. A. (n.d.). The Fundamental Principles of Imam Malik's Fiqh. Retrieved
November 14, 2016, from International Islamic University Malaysia:
http://www.iium.edu.my/deed/lawbase/maliki_fiqh/index.html
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