Dalil Istishab, Kehujjahan dan Pengaruhnya Terhadap Hukum-Hukum Fikih

Abstrak

Malikiyah Jumhur Ulama, Syafi'iyyah, Hanabilah, argues that istishab can be used as absolute proof to establish existing laws, as long as there are no arguments to change them. Their reason is, what has been set in the past, as long as there is no argument that changes it; both in qath'i and zhanni, the established law must be valid, because it is suspected that there has been no change. Istishab's argument is factually applied by scholars in many products of jurisprudence law. Among the problems punished by ulama with istishab arguments are cases of missing persons, who are not known whether they are still alive or have died. The case of the legal status of the tayamum is the person who sees water while performing prayer. The case of unclean objects that came out of other than two holes (anus and genitals), and many others.