Section: Principles Derived from the Qurʾān and the Sunnah

The scholars of legal theory have extracted many maxims from the Qurʾān and the Sunnah. On these they built a vast array of rulings through which they benefited themselves and others.

Among them is the maxim: al-yaqīn lā yazūlu bi-shakk (certainty is not removed by doubt). They subsumed under this rule countless questions of worship, financial dealings, and personal rights; whenever doubt arises in any of these areas, one returns to the state of established certainty.

They also said: al-aṣl aṭ-ṭahārah fī kulli shayʾ wa-al-aṣl al-ʾibāḥah (the default ruling for every object is purity and permissibility) unless evidence proves its impurity or prohibition;

and: al-aṣl barāʾat al-dhimmah mina l-wājibāt wa-min ḥuqūq al-khalq (the presumption is that liability is free of duties and of people’s claims) until proof establishes the contrary;

and: al-aṣl baqāʾ mā ishtaghala bihi l-dhimmah min ḥuqūq Allāh wa-ḥuqūq ʿibādih (the presumption is that whatever liabilities are encumbered by the rights of Allah or the rights of His servants remains in force) until one is certain that discharge and fulfillment have taken place.