SECOND LEGAL MAXIM

AL YAQIN LA YAZALU BI AS SYAKKI

‫اليقين ال يزال بالشك‬
 Introduction

 General meaning of the maxim Al Yaqin la Yazalu

bi al Syakk) (What Certain Cannot be Remove by
Doubt/Certainty @ is not overruled by doubt)

 Origin of the Maxim

 Al Yaqin la Yazalu bi al Syakk and other related

maxims.
 The applications of the Maxims in Muamalat.
 Conclucion
 Al Yaqin la Yazulu bi al Syakk is discussing about
the principle that should be followed if there is a
doubt in any matter particularly to Islamic rules
and regulations. (Syariah). It means that a fact
established by law or proven with evidence will
remain until there is another certainty (Yaqin) that
removes it.
 Any doubt that occurs when certainly prevails
(exist) will have no power to remove the certainty
became uncertainty (syakk).
 Likewise, if something has not been established
with certainty, it will remain certainty until proven
otherwise.
 It is because of doubt, which emerges or
comes later is weaker than certainty (yaqin) or
confident on which it is founded

 The certainty can only be remove with other

certainty. It’s happen when there is evidence
(thabit) showing that the doubt is coming from
the evidences of the happening event.
 To understand the implementation of this
maxim towards Islamic law, it is very
important for us to identify the means of the
words Yaqin and Syakk.

 In ‘Al Fawaid’, the word al yaqin means

Toma’ninatu al qalbi a’la haqiqoti al syaii, or
“the peace of mind in the reality of
something.”

 The word al syakki means al taraddadu bi

Istiwa’ aw rujhan, or “feeling doubt with the
occurring of the event or it is clearly
happening”
 So, this maxim can be understand as “if there
is thabit (evidence/proof of happening the
event/case/situation) of certain things, or
condition, and we are also certain and believe
the matter did happen, and then the doubtful
is coming afterwards for the following act, the
certain is remain accepted (because the
thing/action/event did happened), and
concluded.
1. Al Quran, from Surah Yunus, verse 36

“But most of them follow nothing but fancy:

truly fancy can be of no avail against truth.
Indeed, Allah is Knowing of what they do.”
Malays:
“Dan kebanyakan mereka, tidak menurut
melainkan sesuatu sangkaan sahaja, (padahal)
sesungguhnya sangkaan itu tidak dapat
memenuhi kehendak menentukan sesuatu dari
kebenaran (iktiqad). Sesungguhnya Allah Maha
Mengetahui akan apa yang mereka lakukan”
 This verse tell us about the state of doubtful in
which the unbelievers are in. Surely the doubt that
they are all in will not prevail over truth or certainty

 In addition, those who follow al zon (doubtful) will

never be successful and what they follow with will
never lead them to the right path either in dunia or
akhirat.
2. Al Sunnah:
,‫اذا وجد احدكم في بطنه شيأ فأشكل عليه أخرخ منه شيء ام ال‬
.‫فال يخرجن من المسجد حتى يسمع صوتا او يجد ريحا‬

Means
“From Abu Hurairah (RAW) said. The Prophet
(S.AW) said: if anyone of you feels anything is his
stomach and then he is confused of whether
anything has come out of it or not, he should not
go out of the mosque unless he hears any sound
or gets any smell”
 Imam al Nawawi in explaining this hadith remarked
that it is a great maxim of Islamic law, i.e., the
affairs should be judged to be on their original
condition unless opposite is certainly proved.

 If any doubt arises later this doubt do not hamper

the certainty that had been originally established
for those affairs (stay with the certainty concept).
 Another hadith
“’An Abi Said Al Khudri Annahu Qol : Qola an
Nabiyyu (S.A.W), Iza Syakka ahadukum fi solatihi fa
lam yadri kam solla thalasan am robia’n, Fal yatrohi
as syak Wal Yabni mastaiqon” Rowahu Muslim

Means

If the forgetfulness arises to anyone of you in his

solah, and does not know whether he has prayed
three rok’ah or four rok’ah , so he must leaves the
syaki (doubt) and stays on what he did certainty”
 Imam Sayuthi in his book “Al Ashbah Wan Nadzoir”
stated the highly value of this maxim towards fiqh
(Islamic law).

 He said that we must know that this maxim is

applied in every Fiqh aspects (jami’ abwab fiqh).
And the discussions under this maxim are up to ¾
in fiqh and more.
 If a person has taken the loan from another person
and is in doubt whether he is still in debt, he is
considered to be in debt until there is proof (thabit)
to show otherwise.

 If he can find the evidence like a receipt showing

his payment of debt, now the situation is changed.

 The situation is changing because the thabit

(evidence/proof) showed the new level of
confident/certainty, which is yaqin. Only yaqin
(certain) can removes the other certain.
 It is obvious that certainties are stronger than
doubt as it is the original matter.

 The doubt normally will come later.

 The primary matter will prevail over (over come)

the secondary matter and it is more reliable
Al, Quran, 4,157-158

And [for] their saying, "Indeed, we have killed the

Messiah, Jesus, the son of Mary, the messenger of
Allah ." And they did not kill him, nor did they
crucify him; but [another] was made to resemble
him to them. And indeed, those who differ over it
are in doubt about it. They have no knowledge of it
except the following of assumption. And they did
not kill him, for certain. Rather, Allah raised him to
Himself. And ever is Allah Exalted in Might and
 Al Dzan and al Syak are considered the same
according to fuqoha’ (jurist).

 According to Usulliyin (jurist in usuludin), they

divided between it (al-dzan & al syak) something
new called al-taraddud (doubt).

 If the syak (doubt) is heavier (to not happening), it

is called dzan.

 If the doubt (syak) is lighter (likely more to

happen), it is called as waham, as mentioned by al
Sayuthi.
 Imam al-Hariri stated that, from this maxim arise
another 11 maxims that related, but here we only
dissued 6 maxims, such as:

1) AL ASLU BAQAUN MA KANA ‘ALA MA KANA

2) AL ASLU BARA’ATU AL ZIMMAH

3) AL ASLU FI AL ASHYAI AL IBAHATI, HATTA YADULLU

AL DALILU ‘ALA AL THARIM
4) AL ASLU AL ‘ADAM, AU, AL ASLU FI AL UMURI AL
‘ARIDHOTI AL ‘ADAMI
5) AL ASLU FI AL KALAM AL HAQIQOH

6) LA ‘IBROTAN BI AL-ZANNI AL BAYYIN KHOTO’UHU

 This maxim means “The origin/norm is that the
status remains as it was before”

 It would be presumed (considered) to continue

until it is proven to have changed. The origin of
this maxim is “al istishab” (law at present based on
the past until it come other solid evidence to show
the change of the law) or considered in a normal
condition.
 To understand the maxim generally, we can look at
the example of the wife’s right to maintenance
which the Syariah determined; when she claims
that her husband failed to maintain her (giving
nafkah), her claim will command credibility.
 Other example:
During (ramadhan fasting) the pre-dawn (sahur),
s/one still eating his meal, then he suspects has
risen dawn (subuh), the fast is valid because the
original dark eternal night.

 In Islamic finance, this maxim can be applied in the

contract agreement/settlement.
 The maxim means “The norm (of syariah) is non-
liability”

 This is an equivalent, although perhaps a more

general one, to what is known as the presumption
of innocence.

 The normative state is that people are not liable or

responsibility, unless is proven that they are, and
until this proof is forthcoming, to attribute guilt to
anyone is treated as doubtful.
 Certainty can only be overruled by certainty also
(yaqin), not by doubt.

 This maxim can become as the method to draft the

contracts agreement paper. In Quran, from Surah
Al Baqoroh, 282,

Means
“O you who have believed, when you contract a
debt for a specified term, write it down. And let a
scribe write [it] between you in justice”
 For example, If Ali claims that Zaid is in debt or did
taking a loan from him, But Zaid has denied that he
did make a loan from Ali. In this case, Ali must
came out with the evidence, like a contract of debt
paper or witnesses of the debt agreement..

 On the other hand, If Ali cannot do this (show the

evidence), Zaid is considered not taking the loan
because he is in state of “baroatu al zimmah” or
not in liability of debt and presumed innocent
 The means “The norm in regard to things is that of
permissibility, until yet there is another evidence
(dalil) showed the prohibition.”

 Permissibility in other words is the natural state

and will, therefore prevail (exist) until there is
evidence to warrant the departure from that
position.
 This maxim is also based on a general reading of
the relevant evidence of Quran and Sunnah.
 In Quran, Surah Al Baqoroh, 29

Means “It is He who created for you all of that

which is on the earth”

 In Hadith, “ Whatever God has made halal is halal

and whatever HE rendered haram is haram, and
whatever concerning which He has remained silent
is forgiven”
This method raised by the Syafiee schoolar is
totally different with the school of Hanafi, The
Hanafi schoolar said ‘al-Asl fi al-Asyyai al-tahrim
hatta Yadullu al-Dalilu ‘ala al-Ibahah’ that means:

The origin of a thing is forbidden until there is

evidence say that it can be use (Ibahah).

Example: eating the plants that is unknown it

name.
 In conclusion, we are allowed to utilise the
resources of the earth for our benefit, and unless
something is specifically declared forbidden, it is
presumed to be permissible.

 We are also allowed to do trade and business, with

whoever we wanted as long as it is not involved
with the prohibited activities such as riba,
gambling and others.
 The maxim means that the norm is not existed or
nothing, or, the rules for a new things is
considered not happening.
 Generally, everything it is nothing (start from
nothings) and it came first before something is
happening.
 The nature proof that the thing is not happening
unless there is evidence shows otherwise. This is
for certain.
 In this maxim, we are taking the original nature for
the situation in order to understand the
consequences.
 There are lots of the application in the maxim
towards Islamic finance and banking

 For example, in al mudharabah contract, when

there are dispute over the profit of the business,
the rules stated that we must take the words from
the entrepreneur (‘amil al qoradh) than the capital
provider, if he (the entrepreneur) said that there
are no profit, because the norm is that, the profit is
coming after the business is succeed, and there is
no profit in the beginning of it.
 Similarly, in terms of the total amount of capital,
did the capital amount increase or discrease, if the
person said not increased and other said otherwise,
therefore, we take there is no increasing because
there is no increment in the beginning.
 The meaning of al haqiqoh is the origin of
something in meaning and intention, which is
meant by the speaker or the interpretations of the
speaker. Kalam is words.

 Thus, the maxim is on the relation between the

intention and the meaning of words used by the
speaker.

 His words mean he is speaking in his mind and not

meaning others than what he talked about.
 For example, if a father said “I forbid my daughters
from being a lawyer”, it is understand that he is not
meaning the order to his sons, because the words
daughters clearly (al haqiqoh) referred to girls.

 In relation with economic and finance , if someone

said in term of paying the price of a house “I swear
I’m not buying that double-story house”, it is
clearly understand that there is no selling activity
towards the mentioned house, because the fact
that he is denying it. So he is not obligated for the
payment.
 Other example, If Ahmad (still alive) heritages
(wirosath) his house to Ali, this heritages is not
valid because the heritage (wirosah) only revoked
after he (Ahmad) died. (al hay la wirthath lahu)

 In the above case..what kind of mumalah

transaction can we applied..??
 The maxim means “there is no consideration for
doubt in what is a clearly wrong”

 This is related to the situation where if somebody

is doing something in uncertainty, and later is
known that the matter is clearly wrong, then he
must stop from doing it, because the matter is not
valid (batlan)
 For example:

 if a husband is giving a nafqoh (living expenses) to

his permanent divorced wife (tholaq bain), because
he thought that she is pregnant, then he later
found out that she is not, so the husband has the
right to claim back his money from her. This is
because in permanent divorced, the divorcee has
no right for living expenses from his former
husband.
 Similarly, if we are in doubtful but still we
participating with the conventional insurance
because of the benefits offered, and later on come
the evidences and the fatwa stated that the system
consists riba, gambling and gharar elements, then
we must stop from using it.

 This is because now all of the above matters are

clearly haram for every Muslim (riba, gambling and
gharar).
 The meaning of the maxim is “If someone
hesitates/in doubt, did he performing the act or
not, so the answer is, he is not”

 Also included in the maxim is that if someone in

doubt in numbers, if it is less or enough, so the
consideration is takes on the less, because the less
did happened.
 Al Imam Al Shafi’I said “Everything that is thabit
(proof) with certainty, should not be ignored unless
with something certain”

 For example, if someone doubt in solah or wudhu’

or others in rukun (essential elements), did he
performed or not, the rules is, he must (obligatory)
do it again, because, in case, if he is really not
doing it, the doubt can leads him to undone
(batlan) the prayer/solah or wudhu’. Which, the
prayer is not valid.
 In Islamic finance, we can take the example of the
zakah in livestock.

 For example;
Abu is having cows and goats, and the livestock is
in nisab (enough numbers) for zakah, and at the
same time he did paid for one of the livestock, and
then confused which one he did contributed, the
conclusion is he must (wajib) to do it again for
both. This is what is said by Ibn Abd Al Salam, in
analogy with the prayers.
 The same is also said by Al Qifal, in his “Fatawihi”,
we must pay for every single livestock. The reason
is, the original (obligation) hukm (rules) of
distribution zakah on the livestock.

 The other example is in debt. If someone is in

doubt of the total amount he did paid from overall
of debts, he must take the amount of the less
number which he is certain, and the doubtful
figures are considered yet to be paid.
 There are also maxims which are supplement to
the maxim, but it is more specify to a certain
conditions focusing on ibadah and munakahah.,
such as:

“Al aslu fi kulli hadithin taqdiruhu bi ‘aqribi

zamanin” (original problem at all just happened to
be estimated at the time of the occurrence of the
nearest)

“Al aslu fi al abdho’i al tahrim” (original female

genitalia is illegal)
 The maxim, as well as the other maxims, are
designed primarily for the better understanding of
the subject matter.

 This maxim is stressing for the significant of yaqin

(certain) in Ibadah and others like mu’amalah.

 The doubtful should be avoid in all activities

 A doubtful is not allowed to overrule what is

deemed to be certain.
 Certainty can only be overrule by certain, not by
doubt
 Knowledge that is based in certainty is to be
differentiated from manifest knowledge that is
based on probability only

 The certainty prevails over doubt

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