The (Im)Possibility of Persistence? - Najm al-Din al-Tufi's (d. 716/1316) Atomistic Argumentation for the Probative Value of istishab al-hal

Istishab al-hal, the presumption of the persistence of a state or ruling, is a disputed source within Islamic jurisprudence. For some scholars, it is one of the main sources of Islamic law. Many juristic principles are based on istishab. The Hanbali scholar al-Tuff (d. 716/1316) follows this idea in Sharh Mukhtasar al-Rawda and holds that istishab is the fourth source of law after the Quran, Sunna, and Consensus. Al-Tuff argues for the validity of istishab with regard to a physical theory in kalam known as atomism. He discusses the possibility of continuation in existence. In his view istishab is based on the principle that persistence/continuation (baga') is an accident ('arad) that is not re-created in each moment in contrast to kalam atomism, which postulates that accidents are re-created constantly. This article presents al-Tuff's original approach to the validity of istishab that guarantees the continuous existence of a state and ruling.