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Philosophy and Fundamentals of Sharī’ah for Islamic Finance
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d. It must not contravene the naṣ of the Qur’ān and Sunnah that
is the definitive principle of Islamic law.

e. ‘Urf must be acceptable to people of sound nature.

4. Presumption of Continuity (Istiṣḥāb)
Istiṣḥāb literally means escorting or companionship. It relates to deduction
by presumption of continuity.

Under this principle, laws on certain matters will continue to be valid
until proven otherwise, at best be a principle of evidence rather than
the source of law. No jurist disputes on this principle, however, they
dispute whether it can stand as a source of Sharī’ah on its own.

Istiṣḥāb can be categorised into five categories:

Diagram 13 : Categories of Istiṣḥāb

Islamic legal maxims originating from Istiṣḥāb are as follows:

a. It is a fundamental principle that a thing shall remain at its
original state.
b. The general principle is that the original state of thing is permissible.

c. Freedom from liability is a fundamental principle.

d. Certainty is not dispelled by doubt.

5. Blocking the Means (Sadd al-Dharā’i‘ )
Literally, sadd means blocking and the word dharā’i‘ which is the plural of
dharī’ah; it means a path that leads to something.