Subjectology and Validity of General Istiṣhāb of the Fourth Type and its Jurisprudential and Legal Manifestations

Contemporary Uṣūlī scholars have developed a fourth type for general istiṣhāb (presumption of continuity), which has been the subject of serious controversy. In Uṣūlī literature, the fourth type of general istiṣhāb refers to the istiṣhāb that the occurrence of the object is certain, and there is a secondary knowledge for the occurrence of a title that is likely to accommodate with the said subject; when there is a possibility that the title will accommodate with another subject, the first subject will be removed, if that title accommodates with that subject, it will forcibly remove the subject, and if it does not accommodate with it, it still has the ability to exist. Therefore, its existence is doubtful. With the realization of the pillars of istiṣhāb, the general istiṣhāb of the fourth type finds validity and authenticity in terms of confirmation, but some Uṣūlīs have absolutely denied its validity. Therefore, the main purpose of the present article is to review the subject and the rule of the general istiṣhāb of the fourth type and to explain its examples and manifestations in jurisprudence and law with an analytical-descriptive approach. According to the findings of this research, the objections of the opponents of the validity of the general istiṣhāb of the fourth type raised against sharʿī example, not to the principle of istiṣhāb. Thus, objections to the example should not be generalized to the rule. By proving the validity of the general istiṣhāb of the fourth type, the jurisprudential and legal manifestations and accommodations of this issue were discussed in the following cases: general istiṣhāb of the continuity of ʿĪd, general istiṣhāb of getting permission to make alterations in leases, mandated and interrupted endowment contracts, general istiṣhāb of kufr regarding apostates, and injustice in narrator-authentication of the testimony of witnesses.