Özet:

Istishâb in dictionary form is “cooperation” and “the continuation of cooperation”, as a term is used as “things in existence to continue existing, things that are nonexistent to continue not to exist”. Istishâb has been supported by both mental and traditional evidence. At the beginning of traditional evidence we can see that as a rule of istishâb from verses of the Quran and traditions (hadiths). This is enough to show that istishâb is valid evidence. Istishâb is the last of all evidence, in other words istishâb is used when there is no other evidence to turn to. So it is the weakest one. Each one of the sects of Islamic law - even if they were objectives from different views - have used istishâb as evidence in different proportions. Istishâb is used as evidence in all fields of Islamic law, for example worships, muâmelât, penalty, civilized laws etc. In addition istishâb takes an important place in the foundation of modern law. It can be said that in istishâb “there isn’t any illegal crime and punishment”, “ the real principle is that everyone is not guilty” – in penalty law- and “the real principle in everything is free to happen” these principles are also within the universal principles. Furthermore, istishâb helps jurisprudents with “certain knowledge wont be lost by suspicion” principle when giving rule and opinion (fatwa). This help will give them wideness and comfort when they are hesitated. These five principles have come across from istishâb 1) certain knowledge wont be lost by suspicion 2) the real principle in everything is to continue it’s existence 3) the real principle in everything is free to happen 4) the real principle is that everyone is not guilty 5) the real principle in temporary position is that not to exist.

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