Al-Istishaab is given consideration (or weight) within the man-made laws and this is apparent in the following matters:

1 – Al-Istishaab is taken in respect to the penal code and it acts as an Asl (origin) within it because the matters remain upon Ibaahah (permissibility) as long as a text is not brought establishing or proving the punishment. Also, the accused is innocent until an evidence is brought to prove the accusation (or guilt) or until a text is issued for the punishment. These matters are based upon Al-Istishaab and this is Istishaab Al-Baraa’ah Al-Asliyah (The continuance of the original non-liability).

2 – Many of the rulings of the man-made law are built upon the Asl (origin or basis) of permissibility so for instance the issue of the legality of the contract between two contracting parties is based upon the basis of the original permissibility in respect to contracts. Therefore, the origin amongst the man-made law makers in respect to contracts is permissibility and is committed to until a text is established that prevents of forbids that.

3 – Article 180 from the code related to the arrangement of tribunals in Egypt was based upon the basis of Al-Istishaab and it states: “The testimony of the Dain (debt) is sufficient and even if its remaining (continuance) has not been declared in respect to the one owed, and similarly in respect to the testimony of the ‘Ain (eye)”.

And article 181 states: “The testimony by Wasiyah (will/testament) or Al-Iesaa’u (disposition) is sufficient even if the insistence of the one granting the Wasiyah had not been declared until the time of the death”.

4 – The following Qawaa’id (principles) have been based upon Al-Istishaab:

- The origin remains upon what it was upon until its change has been established (or proven).

- The origin in respect to things is Ibaahah (permissibility) and this comprises in their view both the things and the actions.

- That which is established or proven by Yaqeen (certainty) is not removed (or cancelled) by Shakk (doubt).

- The original position (Asl) in respect to the person is Baraa’ah (non-liability or innocence).