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Istis'haab (presumption of continuity)

Last updated: 30th March 2024
Question ID: #9979
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Assalamualaikum A man had divorce intentions in his heart but didn't say anything. Later, he said a sentence that was a metaphor for divorce, but he was unsure if he had the intention of divorce when he said it. Will his first intention be counted as continuation (Istis'haab) coming to his speech or not? As far as I know, Istis'haab (presumption of continuity) applies to the continuation of religious practice, but I'm not sure if it covers other matters as well.

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The Fiqhi principal ‘Al Istishaab’, will not apply here this rule applies in matters like Wudhu, cleanliness. So Talaq in question will not occur.

Only Allah Knows Best

01 Dhul Qa’dah 1445/ 09 May 2024

Answer last updated on:
10th May 2024
Answered by:
Ulamaa ID 04
Location: London