what is known to be forbidden and what one doubts is forbidden, provided that refraining from it does not cause greater harm than doing it—for instance, by leading to a definite forbidden act. Someone may, for example, scrupulously refrain from taking something doubtful despite needing it, yet take something clearly forbidden instead; or neglect an obligation when neglecting it causes greater harm than fulfilling it despite the doubt involved. An example is someone who is required to repay debts owed by himself or his father, but has no means of repayment except wealth about which there is some doubt. He scrupulously avoids it, leaving his own debts or his father’s debts undischarged.

“Scrupulousness” also includes taking the precaution of doing something whose obligatory status is uncertain, but subject to the same qualification. Complete “scrupulousness” requires a person’s concern to encompass the better of two goods and the worse of two evils, and requires him to recognize that the Sharia is founded upon securing and perfecting benefits, and eliminating and reducing harms. Otherwise, someone who does not weigh the benefits and harms recognized by the Sharia in both acting and refraining may neglect obligations and commit forbidden acts, believing this to be scrupulousness.

Such is the person who refrains from jihad under unjust rulers and regards this as scrupulousness; who abandons Friday prayer and congregational prayer behind imams guilty of religious innovation or wickedness and regards this as scrupulousness; or who refuses to accept a truthful person’s testimony or learn from a scholar because the person concerned adheres to a subtle religious innovation, regarding his refusal to hear and accept this truth—which he is obliged to hear—as scrupulousness.