How does istishab work when the missing person’s estate is not immediately distributed?
Argument Without New Proof: Absence of a Cause and Presumption of Continuity
- Imposition: using prior life as the basis for a new right
- Analogy: unconditionally applying another living person’s rule to him
- Defense: preserving existing ownership against an unproved claim of death
- Defense: treating a mere possibility of death as sufficient to distribute his estate