The Jurisprudential Rule: "No Consideration for Suspicion that is Clearly Erroneous

Abstract

This study addresses a significant legal maxim in Islamic jurisprudence: that conjecture (ẓann) is disregarded when contradicted by certainty or proven incorrect. The principle is well-established through authentic Sharia evidence and is a subset of the broader maxim: "Certainty is not overruled by doubt." Key findings of the study include: ẓann is defined as a likely assumption with the possibility of being false; it varies in strength—some forms are obligatory to follow, others prohibited, and some permissible. The Qur'an uses the term ẓann in three senses: certainty, accusation, and assumption. Related terms include doubt, illusion, and certainty. Most scholars who wrote on legal maxims emphasized the importance of this rule, despite differing expressions, and it applies to various branches of Islamic jurisprudence. These insights highlight the enduring relevance and depth of the principle in the framework of Islamic law.