首先:大多数学者,包括罕百里派、沙斐仪派的大多数、马立克派的一部分、迷信字面派(Zhaahiriyah)以及哈乃斐派的一些人,都认为“istishaab”(延续原状原则)可以作为证据(Hujjah),无论是用于肯定还是否定,因为他们认为,过去确立的判决在未有证据证明其已改变之前仍然有效。因此,失踪者被视为仍然活着,直到有证据证明与之相反的事实即死亡已被确认。由于其生命在过去已被确认,依据生命延续的原则(Istishaab),他的财产不予继承,他的妻子不得改嫁,例如,如果他的父亲去世,他仍可继承父亲的遗产,并获得应得的份额。同样,如果有人声称另一个人持有他的钱财或财产,但他没有提出证据,而那个人也不承认持有该财产,那么原则(Asl)是免除责任(Baraa’at Udh-Dhimmah),只要不存在能证明对方确实取得该财产的证据。

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.