Fatwa #2860615 March 2014United Kingdom
Certainty Rules over Doubt
Question
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