## A Critical Analysis of the Doubt Concerning the Non-Abrogation of the Shari‘ah of Mūsā (peace be upon him), With Reference to the Principle of Istishāb, the Meanings of the Term *nabī*, and the Debate Between Imam Riḍā (peace be upon him) and Jathaliq

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1 دانشیار گروه فقه و مبانی حقوق اسلامی دانشکده الهیات دانشگاه مازندران

2 طلبه سطح4 رشته تفسیر تطبیقی موسسه آموزشعالی معصومیه قم

10.22080/jepr.2026.30165.1299

Abstract

This study examines the doubt concerning the non-abrogation of the Shari‘ah of Mūsā (peace be upon him) through reference to the uṣūlī principle of **istishāb**, the meanings of the term *nabī*, and the historical debate between **Imam Riḍā (peace be upon him)** and **Jathaliq** (a Jewish scholar). The research adopts a descriptive–analytical method with a critical approach. The central question is: How can the claim of the persistence of a previous Shari‘ah be analyzed in contrast to the doctrine of abrogation? The importance of this issue lies in the necessity of abrogating previous divine laws in order to respond to social transformations and the interests of different times, whereas *istishāb* seeks to preserve prior certainty.
An examination of the uṣūlī principle of *istishāb* demonstrates that it is not operative in matters of belief (*umūr i‘tiqādī*), since such matters require definitive knowledge, and *istishāb*—whether grounded in transmitted reports or in conjecture—cannot yield such certainty. Furthermore, an analysis of the multiple meanings of the term *nabī* leads to the conclusion that only the meaning of a “divinely appointed office” (*mansab maj‘ūl*) is subject to *istishāb*. 
Through the debate of Imam Riḍā (peace be upon him), it is further concluded that acceptance of the prophethood of the earlier prophets was conditional and contingent upon their giving glad tidings of the coming of the later *nabī* (the Prophet of Islam). With the realization of this ultimate purpose, the previous Shari‘ah was lifted, and presuming its continuation through *istishāb* becomes meaningless.
The conclusion, therefore, is that acceptance of the prophethood and the Shari‘ah of the earlier prophets was qualified and teleological in nature; that is, each *nabī* had a mission within the framework of giving glad tidings of the later *nabī*, and with the realization of the prophethood of **Khātam (peace be upon him)**, the purpose of that acceptance was fulfilled and, consequently, the earlier Shari‘ah was abrogated. Thus, invoking *istishāb* to assert the continuity of a previous prophethood or Shari‘ah has no substantive basis, because with the realization of the final cause, the effect (the previous Shari‘ah) has ceased to exist.

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