Istishab in View of the Civil Law

The Iranian code of the civil law has been established on the Islamic law and Shari’a beliefs. Despite the difference of opinions among the Islamic scholars, the civil law has adopted the foremost opinion of the Shi’a religious jurists. Subsequently, the sources of the Iranian civil law have to be sought for in the Islamic jurisprudence. In probing into the sources of the Islamic jurisprudence it is, similarly, necessary to examine the religious principles. Having an interactive effect on each other, the Iranian civil law and the religious principles are of obvious significance.The present article aims at surveying the issue of istishab, legal presumption of continuity of the status quo in doubtful cases, from the viewpoints of law, its interpretation, and the ways of putting the civil law into effect. It also explains as to how the sources of the religious principles of this specific concept are reflected in the laws on property, individuals, and evidence in substantiation of a claim.