Istishâb as a controversial evidence in Hanafî method

Jurisprudence Method is a science which gives information about how provisions are determined from detailed evidence. Evidences which compromise one of the subjects of jurisprudence method are a part of the effort to narrate opinion methods of sectarians which they represent and the opinions which sectarian is based on. In this study, evidences which are controversial in terms of abidingness in Hanafi sectarian are handled specific to istishâb (a provision which was valid in the past and is known to be valid today). In the first part of the study, concept of evidence are talked about. Inter alia, it is detected that evidences which istishâb is within and are controversial in terms of abidingness are narrated by being considered with "no evidence and proof", "deflecting", "defeatist" etc. and sometimes are evaluated within the context of "rejection" which is criticized from detecting methods for disorder. Whether there is a common ground for them to be narrated together is talked about by giving information about these evidences. In the second part, nature and its varieties are talked about; opinions on the situation between evidence value and other evidences are analyzed by handling istishâb evidence which is the mostly contentious one among this kind of evidences. In the last part, regulations which are associated with istishâb evidence are analyzed; also, some examples which are pointed about istishâb evidence in method works are talked about to make the subject clear. As a result, in Hanafi method works, it can be said that evidences which are evaluated within the scope of abidingness, are not seen equally valuable; although istishâb, one of these evidences, is not a powerful evidence which can be used specially to bind someone and get new rights, it can be useful to protect existing rights when evidences which are accepted by sectarian do not show results.