At-Tarjeeh(权衡经据)
At-tarjeeh (outweighing The Arguments)
较为可取(较为有力)的观点是第一组学者的观点,他们认为,无论是在否定的情况下还是在肯定的情况下,“伊斯提斯haab”(istishab,持续原则)都是一种有效的证据(Hujjah)。因此,凡是沙里尔(Shar'a)所指明应当肯定的事物,只要没有提出否定它的证据,就仍然成立;同样,凡是沙里尔所确定不存在的事物,只要没有证据来证明其存在或使其成立,就仍然不存在。
The Raajih (the outweighing or stronger) view is the opinion of the first group who state that Al-Istishaab is a Hujjah in the case or situation of negation and the case of affirmation. Therefore, that which the Shar’a has indicated to be affirmed remains so as long as there is no Daleel that has been mentioned that negates it. Similarly, that which the Shar’a has established to not be present remains non- existent as long as there is no Daleel to establish or affirm its existence.