Certainty is not Overruled by Doubt: Legal Maxim 2

Legal Maxim 2

 اليقين لايزال بالشك

Certainty is not overruled by doubt

al-Lahji mentions that the meaning of this axiom is that the ruling of certainty is not removed by doubt, be it 50/50 or 70/30. According to al-Fadani, certainty refers to a repose in the heart over the reality of a thing Doubt, according to the fuqaha, literally means to waver as al-Nawawi explained in his Daqa'iq when he said that ”Doubt here and in most chapters of fiqh means wavering, be it 50/50 or 70/30.” The legal basis for this maxim is derived from the hadith: ”Whenever one doubts and does not know whether one prayed three or four rak'ats, such person should act on certainty and ignore the doubts." This proof is mentioned by al-Jarhazi in al-Mawahib, al-Lahji, however, provides further evidence in al-Idah.  

Al-Lahji mentions that this axiom enters into every chapter of fiqh, and the masa'il extracted from it consumes more than three-quarters of fiqh. This is because the maxim has various subdivisions, such as:

--The norm is that the status quo remains as it was before. A common example of this principle is the certainty of purity in the face of doubt. When one has conviction of purity but then doubts about having nullified ritual purity, such doubt is ignored. Likewise, if one is certain of ritual impurity but then doubts about having perform ablution, one is still considered to be in a state of impurity. 

--The norm is non-liability (with regards to others rights). An example of this maxim is when a person rents a piece of property and the property is destroyed while in the tenants possession, the norm is that the word of the tenant is considered regarding the amount to the damage. 

Based on this legal maxim,

Whenever a person doubts about the performance of an act, the norm (ar: asl) is that the act is unperformed. An example of this is when one doubts about pronouncing divorce, the asl is that no pronouncement of divorce was made. If one doubts about the amount of something, it being a lesser a greater in number, one considers it to be the lesser amount. An example of this is when one doubts about the number of rak'ats performed. In this instance one bases one's certainty on the lesser amount. Finally, the norm regarding rights is that rights are not due. Such as when someone working on a loan based venture tells the judge that no profit was made, the worker's word is taken over the lender.

The details of this legal maxim are many, and one who wishes to look further should read Idah al-Qawa'id al-Fiqhiyyah or another work in the field.