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MY'STORY

The MOVE Fire

This is a personal recollection on the Move fire on May 13, 1985 Philadelphia police fired thousands of rounds at the MOVE house, city officials approved dropping an explosive device on the roof, the resulting fire was allowed to burn, 11 people—including five children—died, and 61 homes were destroyed. Philadelphia City Council later called it a “brutal attack carried out by the City of Philadelphia on its own citizens” and acknowledged that no individual faced criminal consequences for the bombing. One timeline correction worth preserving for the BHP record: the major previous MOVE-police confrontation was August 8, 1978, about seven years before the bombing, not a year or two earlier. Officer James Ramp was killed, other police and firefighters were wounded, nine MOVE members were later convicted, and television cameras recorded police beating Delbert Africa during his arrest. The 1985 MOVE Commission later specifically criticized city planners for failing to adequately use lessons from that 1978 confrontation. And that actually strengthens the point you’re making: 1985 did not happen without precedent or institutional memory. There had already been a deadly confrontation with MOVE, years of conflict, negotiations and police involvement before Osage Avenue.

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BLACK FACTS
The Truths They Never Taught You...

Ruler of the Mali Empire in the 14th century

Mansa Musa was the ruler of the Mali Empire in West Africa. Details recorded here should be sourced; unknown information is left blank.

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BHP gathered finds from its connected research sources. Showing the 4 strongest Black History matches.
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Wikipedia

Istishab

Istiṣḥāb (Arabic: استصحاب transl. continuity) is an Islamic term used in the jurisprudence to denote the principle of the presumption of continuity.[1] It is derived from an Arabic word suhbah meaning accompany.[2] It is one of the fundamental principles of the legal deduction that presumes the continuation of a fact. It is based on probability and can be applied in the absence of other proofs.[3]

Istishab, an initiative of ash-Shafii,[4] is the rationalistic principle of extracting a legal solution according to which changes are not considered to occur until clear signs of these changes are apparent. It serves as the basis for many legal rulings such as the presumption of innocence—the person is regarded as innocent unless proven guilty. Malik ibn Anas and ash-Shafii regarded it to be a proof until it is contradicted.[5] Several classical jurists differed over this principle with some Hanafi jurists refusing to regard it as an evidence.[6][7] It is now widely employed by the contemporary scholars.[8][9]

Definition

[edit]

Ibn al-Qayyim defined it as[10]

The continuation of what is established or the negation of what does not exist, i.e. it is the judgement, negative or positive, continues until there is evidence of a change of state. This continuance is not proved by positive evidence, but by the absence of the existence of new evidence.

Al-Qarafi expressed it as the validity of the former state in the following words.

Istishab means the belief that the past or present matter must be assumed to remain as it is in the present or future.

Examples of istishab in Islamic jurisprudence include:[citation needed]

  • The basic assumption regarding a virgin woman is the continuity of virginity until evidence establishes otherwise.
  • The basic assumption regarding ownership is that ownership remains with the owner until proof shows it has been transferred.
  • The basic assumption regarding water is that it is pure until evidence proves otherwise.

Types

[edit]

Istishab is divided into several types. The majority of the scholars agree upon three types.[11]

Presumption of the original absence

[edit]

It is the absence of any Shariah norms on an adult Muslim, until their legitimacy is established. An example is the absence of the mandatory sixth prayer for a Muslim, the presumption of the person's innocence of a crime, etc. Islamic theologians are unanimous regarding the validity of this type.[12]

Basis in everyday life is permissibility

[edit]

The overwhelming majority of jurists believe that the basis in useful everyday things is permissibility and in harmful things is prohibition. For example, a certain type of food is allowed until a Sharia argument is established, proving its prohibition.

Presumption of existence before evidence is available

[edit]

If there are Sharia texts with respect to any norm, backed up by the Istishab, then statements about the abolition of this rule will not be accepted until they are backed up by evidence. An example is the continued ownership of property rights. The application to terminate property will not be accepted until evidence is submitted supporting these statements. Another example is the validity of the ablution, which will not invalidated on the mere basis of doubt.

References

[edit]
  1. ^ "Istishab - Oxford Islamic Studies Online". www.oxfordislamicstudies.com. Archived from the original on August 2, 2015. Retrieved 2017-11-30. Islamic legal term for the presumption of continuity, where a situation existing previously is presumed to be continuing at present until the contrary is proven.
  2. ^ Team, Almaany. "ترجمة و معنى استصحاب في قاموس عربي انجليزي" [Meaning of Istishab in English Arabic Almaany Dictionary]. www.almaany.com. Retrieved 2017-11-30.
  3. ^ Ahmad, Abu Umar Faruq (2010). Theory and Practice of Modern Islamic Finance: The Case Analysis from Australia. Universal-Publishers. ISBN 9781599425177.
  4. ^ Sookhdeo, Patrick (2014-06-30). Understanding Islamic Theology. BookBaby. ISBN 9780989290548.
  5. ^ Baamir, Abdulrahman Yahya (2016-04-01). Shari'a Law in Commercial and Banking Arbitration: Law and Practice in Saudi Arabia. Routledge. ISBN 9781317055624.
  6. ^ al-Ḥasan., Muḥammadī, Abū (2002). Mabānī-i istinbāṭ-i ḥuqūq-i Islāmī, yā, Uṣūl-i fiqh (Chāp-i 14 ed.). Tihrān: Muʼassasah-ʼi Intishārāt va Chāp-i Dānishgāh-i Tihrān. ISBN 9640340766. OCLC 54049210.{{cite book}}: CS1 maint: multiple names: authors list (link)
  7. ^ al-Ḥillī, al-ʿAllāmah (2016-11-10). Foundations of Jurisprudence - An Introduction to Imāmī Shīʿī Legal Theory: Mabādiʾ al-wuṣūl ilā ʿilm al-uṣūl. BRILL. ISBN 9789004311770.
  8. ^ Kamali, Mohammad Hashim (2008-03-17). Shari'ah Law: An Introduction. Oneworld Publications. ISBN 9781780740379.
  9. ^ "Al Qawaaid al Fiqhiyyah - Shakeel Mahate". www.smahate.com. Retrieved 2017-11-30.
  10. ^ "The Eighth Principle: The Principle of Istishab (Presumption of Continuity)". www.iium.edu.my. Retrieved 2017-11-30.
  11. ^ Gleave, Robert (2000). Inevitable Doubt: Two Theories of Shīʻī Jurisprudence. BRILL. ISBN 9004115951.
  12. ^ al-Ḥillī, al-ʿAllāmah (2016-11-10). Foundations of Jurisprudence - An Introduction to Imāmī Shīʿī Legal Theory: Mabādiʾ al-wuṣūl ilā ʿilm al-uṣūl. BRILL. ISBN 9789004311770.

Source: Wikipedia. Article content is retrieved live through the MediaWiki API.

Wikipedia

Istishab

Istiṣḥāb (Arabic: استصحاب transl. continuity) is an Islamic term used in the jurisprudence to denote the principle of the presumption of continuity. It is derived from an Arabic word suhbah meaning accompany. It is one of the fundamental principles of the legal deduction that presumes the continuation of a fact. It is based on probability and can be applied in the absence of other proofs. Istishab, an initiative of ash-Shafii, is the rationalistic principle of extracting a legal solution according to which changes are not considered to occur until clear signs of these changes are apparent. It serves as the basis for many legal rulings such as the presumption of innocence—the person is regarded as innocent unless proven guilty. Malik ibn Anas and ash-Shafii regarded it to be a proof until it is contradicted. Several classical jurists differed over this principle with some Hanafi jurists refusing to regard it as an evidence. It is now widely employed by the contemporary scholars.

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Wikipedia

Usulism

Usulism (Arabic: الأصولية, romanized: al-ʾUṣūliyya; from أصول meaning 'foundations' or 'principles') is the majority school of Twelver Shia Islam in opposition to the minority Akhbarism. The Usulis favor the use of ijtihad (reasoning) in the creation of new rules of jurisprudence; in assessing hadith to exclude traditions they believe unreliable; and in considering it obligatory to obey a mujtahid when seeking to determine Islamically correct behavior. Since its surpassing of the Akhbaris in the late 18th century, it has been the dominant school of Twelver Shi'a and now forms an overwhelming majority within the Twelver Shia denomination. The name Usuli derives from the term Uṣūl al-fiqh (principles of jurisprudence). In Usuli thought, there are four valid sources of law: the Quran, hadith, ijma' and 'aql. Ijma' refers to a unanimous consensus. Aql, in Shia jurisprudence, is applied to four practical principles which are applied when other religious proofs are not applicable: bara'at (immunity), ihtiyat (recommended precautions), takhyir (selection), and istishab (the presumption of continuity in the previous state). The term Usuli is also sometimes used to refer more generally to students of usul especially among early Muslims, without regard to Shia Islam. Students/scholars of the principles of fiqh are distinguished from scholars of fiqh itself, whose scholars are known as faqīh (plural fuqahā').

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Wikipedia

Imam

Imam (; Arabic: إمام, imām; pl.: أئمة, a'immah) is an Islamic leadership position. In Shia Islam, the imams are absolute infallible leaders after the Islamic prophet Muhammad. Shia Muslims consider the term to be only applicable to the members of the Ahl al-Bayt, the family of Muhammad. In Twelver Shi'ism there are The Fourteen Infallibles, twelve of which are imams. In Sunni Islam, an imam generally refers to a religious leader, scholar, or the person who leads Muslims in prayer. The position is not necessarily hereditary or divinely appointed. Thus in Sunni Islam, anyone can study the basic Islamic teachings and become an imam.

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Wikipedia

Ayatollah

Ayatollah is a title for high-ranking Twelver Shia clergy. It came into widespread usage in the 20th century. Those who hold this title must be men and specialists in Islamic sciences such as jurisprudence (fiqh) and principles (usul), often teaching in seminaries. The next lower rank among these clergy is Hojjatoleslam. Originally used as a title bestowed by popular/clerical acclaim for a small number of the most distinguished marja' at-taqlid mujtahid, it suffered from "inflation" following the 1979 Iranian Revolution when it came to be used for "any established mujtahid". By 2015, it was further expanded to include any student who had passed their Mujtahid final exam, leading to "thousands" of Ayatollahs. The title is not used by the Sunni community of Iran, as Sunnis do not believe in designated Imamate. In the Western world – particularly after the 1979 Iranian Revolution – it was associated with the Supreme Leader of Iran, especially Iran's first supreme leader Ruhollah Khomeini, who was so well known as to often be referred to as "The Ayatollah".

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TOPIC OF THE DAY

Greenwood / Black Wall Street

Before the 1921 destruction of Tulsa’s Greenwood District, Black residents had created a remarkable center of business and community life. The district included stores, professional offices, entertainment venues and homes owned by Black citizens. Understanding Greenwood means learning what was built—not only what was burned.

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TRIVIA QUESTION OF THE DAY

Which heavyweight champion was known as the “Brown Bomber”?

Joe Louis.