TOPIC 6 & 7

PRINCIPLE OF CERTAINTY
PRINCIPLE OF CERTAINTY
Meaning
Sources
Level of Certainty
 THE MAXIM

‫اليقين ل يزول بالشك‬

“Certainty Is Not Overruled By Doubt”
 Literally, yaqeen means knowledge (‘ilm) that is not
tainted by any doubt.

 Technically, it is a strong conviction, in accord with

reality, that something is a certain way with no
alternative possibly being credible. It excludes the
ignorant conviction that is not founded on evidence.

 Shakk linguistically means ‘doubt’, suspicion, or

uncertainty. It a state of indecision between the relative
likelihood of two divergent possibilities without being
able to tarjih any one of them.
# E.g; Issue of distributing the properties in the event of the
owner in the state of coma.
 Introduction
 Great significance in the event of controversy on
rights and obligations on opposing parties in the
absence of a proof on obligation either side.
 Among the main legal maxims that most fiqh
rulings are based upon- permeates in all areas – ¾
quarters of knowledge.
 The objective of this legal maxim is to remove
difficulty as it takes into account certainty and
regards it as a fundamental matter which can be a
basis for rulings.
 Aims at elevating doubt which the cause of allusion
for many people – vacillation (waswasah)
 Meaning

 Certain and established thing is not to be dispelled by

the contingent doubt.
Only can be overruled by its peer. i.e. another
equivalent to yaqin.
Reject the effect of doubt that upsets the original
position.

 Any Shariah Ruling Will Not Be Lifted By Mere

Doubt. Doubt Here Is The Situation In Which The
Person Is Uncertain About The Occurrence Of
Something Or The Possible Occurrence Of It.
 Meaning
 The consideration of its certainty has to continue
until the reason for its uncertainty is confirmed.
 The occurrence of certainty will not be rejected
by any reason except there is clear evidence.
 Certainty cannot be ignored by the doubtfulness
 In contrast, the certainty of matter occurrence
will not be overruled by mere doubts.
 Only can be overruled by what is strong or even
stronger than it. Impossible for a certain matter
to be overruled by what is weaker than it,
 Examples
 If a debt was confirmed to be a liability on a person who
passed away later, leaving some doubts about his debt’s
settlement, then the debt’s liability is considered to
continue.

 If a contract was confirmed to be concluded between two

parties but later its cancellation was doubted, then the
contract’s validity is considered to continue.
 Sources
1- Al-Quran

‫وما يتبع أكثرهم إل ظنا إن الظن ل يغني من‬

‫الحق شيئا‬
“Most of them follow nothing but conjecture (al-
zann), but conjecture can be of no value at all
against the truth (al-haqq)” (Yunus , 10:36)
 Sources
2- Al-Sunnah (1)
  ‫فإذا‬ ‫إذا شك أحدكم في صلته فليلق الشك وليبن على اليقين‬
‫استيقن التمام سجد سجدتين فإن كانت صلته تامة كانت الركعة‬
‫ناف لة وال سجدتان و إن كا نت ناق صة كا نت الرك عة تما ما لصلته‬
‫وكانت السجدتان مرغمتي الشيطان‬
“If one of you has doubts during his salah (about how many
rak’ahs he has prayed), he should disregard the doubt and build
upon what he is sure of. When he is certain that the prayer is
complete, he should prostrate twice. If the prayer was (indeed)
complete (at the time of the doubt), the extra rak’ah and the
two prostrations will be considered as voluntary prayer. If the
prayer was deficient, the extra rak’ah will complete it, and the
two prostrations will be abasement for the devil. (Sunan Abu
Dawud, 1:392, No. 1026)
 Sources
2- Al-Sunnah (2)

“‫عن عباد بن تميم عن عمه أنه شكا إلى رسول الله صلى الله‬
‫عليه وسلم الرجل الذي يخيل إليه أنه يجد الشيء في الصلة فقال ل‬
‫( ”ينف تل أو ل ين صرف ح تى ي سمع صوتا أو ي جد ريحا‬Sahih
Bukhari, 2:84, no.1300)

The Messengger of Allah (p.b.uh) was asked about a man

who gets the impression that he may have broken his
ablution during his prayer. He said, “He should not leave (the
prayer ) unless he hears a sound or detects a smell.
 Sources
2- Al-Sunnah (3)

‫اذا كان أحدكم في الصلة فوجد حركة في دبره أحدث أو لم يحدث‬

‫فأشكل عليه فل ينصرف حتى يسمع صوتا أو يجد ريحا‬

If one of you praying and detects movements in his anus –

and he is unsure, did he lose wudhu’ or not?- he should not
leave (the prayer) unless he hears a sound or detects a smell.
(Sunan Abu Dawud, 1:69. no.117)
Level of Certainty
Yaqeen

Zann Rajih

Zann

Syakk

Wahm
 Level of Certainty
For usulis, there are five points of spectrum on certainty and
uncertainty.

1- Yaqeen
The extreme limit of certainty

2- Shakk
The midpoint; where the probability of two divergent propositions about
reality is 50-50; each is equally possible, and there is no evidence
currently available to decide which one is more likely.

3- Zann
When one of the two possibilities becomes more likely in the mind
 Level of Certainty
4- Zann al-Rajih
-When the evidence in favour of its grows weightier so that it is likely to
be true- although the other possibility is not conclusively ruled out

5- Wahm
Is less likely of two divergent possibilities or is a belief that is not
founded on any evidence; the likely motive for such an opinion is
personal whims and caprice (hawa’)
 Wahm carries no weight in fiqh.

# According to jurists’ definition, zann, wahm and shakk are all forms of
shakk whereby all of these being weaker than yaqin and therefore cannot
oppose it.
# However, zan rajih is treated like yaqin with regards to all levels of
knowledge weaker than it. Provided that, it is supported by Shariah
evidence.
 Pillars of Yaqeen
1- Previous Certainty (al-Yaqeen al-Sabiq)
Certainty should be the previous condition
E.g.: certainty that an action is permissible or
prohibited in the Shariah, or certainty about the
persistence of one’s ablution.

2- Subsequent Doubt (al-Shakk al-Lahiq)

The doubt arises after that certainty
 Conditions of This Principle
The most important include;
1.The certainty and doubt should be both about the same case and about
the same point of that case.
2.Certainty and doubt cannot occur at the same moment; that would be
logically impossible. Previous certainty is followed by subsequent doubt.
3.There should be a consequence to applying the maxim; for example,
waiving a liability.

# Certainty remains so until another fact established with certainty

displaces it. Any doubt that occurs regarding what is known with
certainty has no power to override and displace that certainty.
# E.g: The cleanness of water is certain, and remains clean as long as no
to shift the original rulings.
‫‪Branches of The Maxim‬‬

‫‪1.‬‬ ‫الصل بقاء ما كان على ما كان‬

‫الصل في المور العارضة العدم‪2.‬‬
‫الصل برأة الذمة‪3.‬‬
‫الصل في الشياء الباحة‪4.‬‬
‫الصل في الشياء الحرام‪5.‬‬
Branch 1
‫الصل بقاء ما كان على ما كان‬
“ The basic rule is that a thing remains in its original state”
Meaning;
 Keeping of the status quo as it was in the past unless there is evidence on
its variation since the past is certain and remain as it is until there is
evidence to the contrary.

 E.g:If a borrower claims that he has paid the loan to the lender while the
lender denies it, the statement of the lender shall prevail since the original is
that the amount of loan will remain constant after the liability (dhimmah)
has been determined.

 E.g: In the case of dispute in terms of talak, the origins is nikah.

 E.g:
A couple charged with khalwat is considered as unmarried couple
unless proven otherwise.
Branch 1
The meaning of this maxim incorporates another maxim
that reads;
‫ما ثبت بزمان يحكم ببقائه ما لم يقم الدليل على خلفه‬
“ If a matter has proven at any particular time, it will be
judged to remain so unless evidence is presented to the
contrary”
Branch 2
‫الصل في المور العارضة العدم‬
“The norm in contingent attributes is non existence”

 Meaning; Refers to the status which is not found with the

origin rather it is an incident that occurs later like ‘the profit’
for the mudharabah investment company.

 The presence of attributes may be classified into two types;

1- The attribute inherent to the subject matter and cannot
be imagined without it. It is known as an original attribute
(sifah asliyyah) such as the life of a person, virginity of a
child, the validity of the contract after it has been concluded.
2- The existence of attributes is transitory and contingent
(sifah ‘aridah). Under normal conditions, the contracted
subject matter is free from this type of attribute.
Branch 2
 E.g: If the mudharib and rabb mal disputed on whether a profit
has been generated or not, the mudharib ‘s statement prevails
while the rabb mal is obligated to prove his claims.
 E.g: If there is dispute in terms of the inspection of the sales, the
statement of the purchaser shall be accepted since the original
status is the absence of inspection. However, if the dispute is in
terms of changing of sales after the inspection has taken place,
then the statement of the seller shall prevail since the original
status is absence of change.
 E.g: A dispute occurs between the buyer and a seller in a sale
contract as to whether or not the option of cancellation (khiyar
al-shart) was stipulated and agreed to in the contract. In this
case, the presumed position is the non-existence of the stipulated
option on the ground that it is not an intrinsic part of the
contract.
Branch 3
‫الصل برأة الذمة‬
“The norm (of Shariah) is that of non liability”

 Linguistically, baraa’ah consists of two different meanings; ‘to

create’ and ‘to become free of something’, including liability.

 The word dhimmah means a person’s freedom from any

liability. This constitutes the status of all persons regarding
their relations with others until it is proven that some event
has changed this original status. Liability is a transitory and
contingent attribute and freedom from it is the original
attribute.

# One cannot be considered liable and the condition shall remain as it is

until proven otherwise.
Branch 3
 E.g: A person is suspected of committing homicide or robbery,
but there is no proof that he did so. In this case, the Shariah
considers him innocent because people are born without any sin,
and changing that rulings requires positive evidence.

 E.g: A mother goes to sleep with her newborn infant beside her.
When she wakes up, the baby has turned blue and stopped
breathing. She wonders if she smothered her baby while
sleeping. Unless there is positive evidence that she did so.

 A lessor is not allowed to ask the lessee to pay for the

maintenance of the leased property or insurance for it or similar
expenses are incurred for the benefit of the property owner.
Since the lessee is not the owner, he is free from such expenses.
Branch 4
‫الصل في الشياء الباحة حتى يدل الدليل على‬
‫التحريم‬
“The default ruling in any matter is
permissibility until there is proof
prohibiting it”
Meaning:

According to as-Shafie, anything is

originally considered permissible until
there is proof the the thing it forbidden.
Applied mainly in muamalat.
Branch 4
 E.g: The use of paper money, cheques, banks drafts,
money orders, ATMs, e-banking and etc. are permissible
and in line with the objective of Shariah.

 The use of accounting methods by Islamic banks that do

not contradict to the contractual responsibilities like
adopting constant rate of return (ROR) based on the
shareholders’ funds, wadiah or qard funds.

 Profit equalization reserve (PER) from the shareholder’s
fund or if the profit is reality a hibah from the
shareholders’ fund is permissible.
Branch 5
‫الصل في الشياء الحرام‬
“The origin of a thing is prohibited unless
proven otherwise”
Meaning:

According to Hanafi, anything is

considered haram or prohibited unless
there is proof to show it is permissible.

Mainly applicable in Ibadah

End of This Principle