نوع مقاله : علمی-پژوهشی
عنوان مقاله English
نویسندگان English
Introduction
The principle of Istishab (presumption of continuity) plays a crucial role in both Islamic jurisprudence and legal practices, as it serves as a fundamental method for resolving legal ambiguities. Historically, Istishab emerged as a legal principle within Islamic law, and its evolution has been shaped by the efforts of Islamic jurists across different periods. The principle suggests that if there is uncertainty about the existence of a legal situation, the previous state should be presumed to remain unless there is clear evidence to the contrary. This concept has deep roots in Islamic legal thought, particularly within the fiqh (Islamic jurisprudence) traditions. The application of Istishab has extended beyond its traditional boundaries into contemporary legal systems, including Iranian law, influencing various legal domains such as civil law, family law, and criminal law. From a sociological perspective of law, Istishab reflects the intertwining of legal norms with societal practices and how legal continuity impacts the stability of social systems. The central question of this study is to explore the place of Istishab in the sociological legal framework of Iran, particularly focusing on its significance and role in shaping the dynamics of Islamic and Iranian law.
Materials & Methods
This study adopts a qualitative approach, utilizing a doctrinal legal analysis of Islamic jurisprudence and Iranian legal texts, alongside a sociological examination of the application and implications of the principle of Istishab in contemporary legal systems.
Discussion & Result
The findings of this study highlight that the principle of Istishab plays a crucial role in both Islamic jurisprudence and Iranian legal theory. It serves as a fundamental tool for legal reasoning, particularly in resolving uncertainties regarding the continuity of legal status. The research indicates that while Istishab is widely accepted in religious and legal texts, its application in modern Iranian law reflects a blend of traditional interpretations and evolving legal practices. Furthermore, the study emphasizes that, from a sociological perspective, the acceptance and usage of Istishab in contemporary legal scenarios demonstrate a broader cultural shift towards balancing legal certainty and flexibility. Despite its theoretical importance, challenges remain in aligning this principle with modern legal procedures and societal expectations.
Conclusion
In conclusion, the principle of Istishab holds significant importance in both Islamic jurisprudence and Iranian law, providing a vital mechanism for resolving uncertainties by assuming the continuity of a previous state in the absence of new evidence. This study reveals that while Istishab has deep roots in religious legal theory, its application in modern Iranian legal systems continues to evolve, reflecting the ongoing interaction between traditional legal principles and contemporary societal needs. From a sociological legal perspective, the principle highlights a dynamic process where the law adapts to cultural and societal shifts, ensuring legal certainty while allowing for flexibility in response to new challenges. However, aligning Istishab with modern legal frameworks and practices presents ongoing challenges that require further exploration and refinement.
کلیدواژهها English
