Kwanza: Wanazuoni wengi, wakiwemo Hanaabilah, wengi wa Shaafi'iyah, pamoja na sehemu ya Maalikiyah na Zhaahiriyah na baadhi ya Hanafiyah, wameona kwamba Al-Istishaab ni Hujjah (ushahidi wa kisheria), iwe kwa kuthibitisha au kukanusha, kwa sababu wameona kwamba hukumu iliyothibitika zamani inaendelea kubaki maadamu mabadiliko ya hukumu hayajathibitishwa au kuanzishwa. Kwa hiyo, mtu aliyepotea anahukumiwa kuwa hai hadi kinyume chake, ambacho ni kifo, kitakapothibitishwa, kutokana na kuendelea (Istishaab) kwa uhai wake uliothibitika zamani. Kwa sababu hiyo, mali yake hairithiwi, mkewe hawezi kuolewa tena, na yeye, kwa mfano, atarithi kutoka kwa baba yake endapo baba huyo atafariki, na atapokea sehemu yake halali ya urithi. Vilevile, mtu akidai kuwa alikuwa na fedha au mali kwa mtu mwingine lakini hakuleta Daleel kwa hilo, na mtu huyo hakukiri kwamba alikuwa na mali hiyo, basi asili (msingi) ni Baraa'at Udh-Dhimmah (kutokuwa na deni wala lawama) maadamu hakuna Bayyinah (ushahidi wa mashahidi) unaothibitisha kwamba alichukua mali hiyo.

Firstly: The majority of the ‘Ulamaa including the Hanaabilah, the majority of the Shaafi’iyah in addition to a section of the Maalikiyah and the Zhaahiriyah and some of the Hanafiyah, viewed that Al-Istishaab represents a Hujjah (legal proof) whether this was in respect to affirmation or negation because they viewed that the Hukm established in the past remains as long as the changing of the Hukm has not been proven or established. Therefore, the missing person is judged to be alive until the contrary to that, which is death, has been proven, due to the carrying forward and according to the continuance (Istishaab) of his life that had been affirmed in the past. For that reason, his wealth and property is not inherited, his wife cannot remarry and he would, for example, inherit from his father if he passed away and would receive his rightful share from the inheritance. Similarly, if a person claimed that he had money or property with another person but he did not bring a Daleel for that and that person did not admit that he had the property, then the Asl (original position) is Baraa’at Udh-Dhimmah (quittance/innocence of liability) as long as no Bayyinah (testimonial evidence) exists establishing that he had taken the property.