LessonsArgument Without New Proof: Absence of a Cause and Presumption of ContinuityQuiz

FeatureDefenseNew impositionPurposeProtect an established rightEstablish a new entitlementForce of istishabSupports continuityInsufficient on its ownExampleProtecting missing person's estateClaiming a new inheritance for the missing person

The same previously established fact may feature in both claims. Yet the type of claim determines the legal force of the presumption. Ask in each case whether the party seeks to protect an existing position or acquire a new entitlement.

Opening interactive controls...

A comparison of the two uses of istishab

Argument Without New Proof: Absence of a Cause and Presumption of Continuity

FeatureDefenseNew impositionPurposeProtect an established rightEstablish a new entitlementForce of istishabSupports continuityInsufficient on its ownExampleProtecting missing person's estateClaiming a new inheritance for the missing person

The same previously established fact may feature in both claims. Yet the type of claim determines the legal force of the presumption. Ask in each case whether the party seeks to protect an existing position or acquire a new entitlement.