Question:
As-Salam Alaykum,
What is the position of Shafii school in regards to the concept ‘Al-Aslu fil ashya al-ibahah’ in the matters of Ibadah?
JazakAllah khaira.
Country: Malaysia
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
There is an istishab called istishab al-‘adam al-asli. This would, for example, negate there being a sixth obligatory prayer. In al-Ibhaj, Subki brings a discussion on this, as does Zarkashi in al-Bahr al-Muhit.
In his commentary on the Bahjah, Shaykh al-Islam raises a contention to the notion that the duha prayer be performed with more than what is mentioned in the hadith (eight rak’ahs) based on that الأصل في العبادات التوقيف. Additionally, this is found in Ramli’s Ghayat al-Bayan p. 119.
Allah knows best.
Shafiifiqh.com Fatwa Dept.