An Analytical Study of the Foundations and Applications of the Juristic Maxim "Certainty is not Faded Through Doubt"

فقہی قاعدہ " عدم ازالہِ یقین بر بنائے شک "کی اساس و تطبیقات کا علمی اور عملی جائزہ

  • Tanveer Hussain PhD Scholar of Islamic Studies, Qurtaba University, Peshawar
  • Dr. Mushtaq Ahmad Dean, faculty of Social Sciences, Qurtaba University, Peshawar
Keywords: Juristic Theory, Certitude, Legal Maxim, Islamic Jurists


It is observed that foundations of mundane knowledge and skills are based on certain rules & regulations that are fundamentals for appropriate comprehension of the relevant knowledge domain. All those who are well versed in these rule & regulation have made the understanding of these subjects easier to follow for the masses. Subsequently students and learners have found it easier to comprehend the intricacies and do not digress from the essence. In the same vain scholars of Islam have found support and guidance from rules enshrined in the holy Quran, Sunnah, in the saying of Companions of Holy Prophet (SAW), Successors and Muslim Jurists. This knowledge has enabled the Islamic Jurists to address the queries of audience effectively and adequately and thus have provided them appropriate guidance.


Legal Maxim indicates towards the juristic value and thereafter this value includes all the issues falling under it. For instance, the legal maxim is: Certitude is not faded by suspicion. The juristic value proved by this principle applies to all such problems in which certitude and suspicion are in conflict with each other. As against this, the juristic theory does not carry any legal maxim. For example, theory of ownership, theory of repeal, theory of annulment etc.