Resolution No. 257 (2/26) Istishab (Presumption of Continuity) and Its Applications in Contemporary Issues and Emerging Matters
20 November، 2025

The Council of the International Islamic Fiqh Academy of the Organization of Islamic Cooperation‭, ‬holding its twenty-sixth session in Doha‭, ‬State of Qatar‭, ‬on 6-10‭ ‬Dhūl-Qi’dah 1446H‭ (‬4–8‭ ‬May 2025‭), ‬

HAVING EXAMINED the research papers submitted to the Academy concerning Istishāb‭ (‬Legal Presumption of Continuity‭) ‬and Its Applications in Contemporary Issues and Emerging Matters‭,‬

HAVING LISTENED to the in-depth discussions on the subject‭,‬

RESOLVES

First‭:‬‭ ‬Istishāb is affirming a ruling on a certain matter in a subsequent time based on its ruling in a previous time‭, ‬in the absence of evidence requiring any change‭.‬

Second‭:‬‭ ‬Istishāb is a legitimate legal evidence which does not create a new ruling but affirms the continuity of a previous ruling‭.‬

Third‭:‬‭ ‬A jurist derives the ruling of a given case through Istishāb‭, ‬whether in affirmation or negation‭. ‬If there is doubt about its cessation‭, ‬the presumption is that it remains‭; ‬and if there is doubt about its existence‭, ‬the presumption is its non-existence‭.‬

Fourth‭:‬‭ ‬Istishāb holds significant importance in juristic reasoning‭ (‬ijtihād‭) ‬across many contemporary issues‭, ‬including acts of worship‭, ‬financial transactions‭, ‬personal matters‭, ‬Islamic policy‭, ‬the judiciary‭, ‬and other aspects of life‭.‬

Fifth‭:‬‭ ‬Conditions for applying Istishāb‭:‬

1‭. ‬The jurist must be reasonably certain that there is no evidence or cause negating the original state being presumed to continue‭, ‬after exerting full effort in investigation and research‭.‬

2‭. ‬Observance of the general and specific objectives‭ (‬maqāsid‭) ‬of the Shari’ah‭, ‬as adherence to these objectives in all their forms is obligatory‭; ‬they are the purposes and goals for which the rulings were legislated‭.‬

3‭. ‬Like other sources of Islamic legal evidence‭, ‬istishāb may only be applied‭ ‬to actual cases by those qualified for ijtihad‭, ‬who are well-versed in the principles of legal derivation and who apply due diligence in verification and deliberation‭.‬

Indeed‭, ‬Allah is All-Knowing‭.‬

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