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

فيصلح للدفع دون الإلزام
The presumption preserves an earlier position but cannot alone impose a new claim.

A missing person (mafqud) was previously known to be alive, but is now neither reliably confirmed alive nor dead. In the absence of adequate evidence of death, his existing estate is not distributed merely on a possibility that he has died.

Here istishab serves defense: it protects established ownership against an unproved alteration. It does not yet create a new entitlement for the missing person.

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A missing person and protection of existing property

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

فيصلح للدفع دون الإلزام
The presumption preserves an earlier position but cannot alone impose a new claim.

A missing person (mafqud) was previously known to be alive, but is now neither reliably confirmed alive nor dead. In the absence of adequate evidence of death, his existing estate is not distributed merely on a possibility that he has died.

Here istishab serves defense: it protects established ownership against an unproved alteration. It does not yet create a new entitlement for the missing person.