How should “fit for defense but not imposition” be understood?
Argument Without New Proof: Absence of a Cause and Presumption of Continuity
- Istishab both preserves existing status and establishes all new financial rights
- Defense merely ends disagreement, whereas imposition merely states a rule
- Istishab is weak for defense but stronger for new entitlements
- An existing right may be defended, but new entitlements are not thereby established