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Certainty Rules over Doubt

Answered as per Hanafi Fiqh by Askimam.org

Please can you explain the ruling ‘Certainty rules over doubt’. If for eg, you are in doubt a nikah has taken place (through a joke, appropriate witnesses, whether you said yes or no), or contrarily you are in doubt that talaaq has taken place, do you go with the certainty you are not married, or regarding divorce – you are not divorced, unless you are a 100% certain it has taken place?? Also, if you treat it as doubt, but it really has occured, would you be sinful since you do not remember? I heard we are not held accountable for what we do not remember.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salamu ‘alaykum wa-rahmatullahi wa-barakatuh.

The Fiqhi maxim الْيَقِينُ لَا يَزُولُ بِالشَّكِّ ‘Certainty rules over doubt’ is a general principle which also has overarching principles that would govern the ruling.

If you have a specific query, you may forward that to us. It is possible the Fiqhi maxim in reference may apply or may be overruled by the overarching principles.

And Allah Ta’ala Knows Best

Ismaeel Bassa

Student Darul Iftaa

Durban South Africa

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net

 

 

 

 

 

 

 

 

 

 

 

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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