The effect of istiṣḥāb on the judicial interpretation of statutory texts in commercial judiciary

Document Type : Original Article

Author

PhD Researcher, Private Law Department, Judicial Studies Department, College of Sharia, Islamic University Madinah, Kingdom of Saudi Arabia

Abstract

 
This study examines the impact of Istishab (legal presumption of continuity) on the judicial interpretation of statutory texts, through an analytical and applied review of rulings issued by commercial courts in the Kingdom of Saudi Arabia. Istishab is considered one of the foundational evidentiary principles used by judges in deriving legal rulings, particularly in the absence of explicit texts or when no altering factor is established, thus granting it an interpretative role in understanding and applying statutory provisions to legal disputes،The research aims to define the linguistic and technical meanings of Istishab, identify its types and legal weight according to jurists, and track its influence on judicial interpretation by analyzing real court cases that demonstrate how judges rely on this principle in reaching verdicts—especially in matters related to presumption of innocence, continuity of legal states, or absence of explicit statutory provisions.
The findings reveal that, despite being among the weaker forms of legal evidence, Istishab holds significant practical value in commercial adjudication due to its role in preserving legal stability and filling legislative gaps. The study highlights how Istishab is used in judicial interpretation as a means to uphold the status quo or to dismiss claims unsupported by definitive evidence،The research adopts an analytical methodology, drawing on classical legal theory, judicial practice, and statutory provisions. It concludes that Istishab plays an effective role in judicial interpretation and recommends strengthening its methodological use in legal reasoning and statutory interpretation within judicial rulings.

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