قاعدة القادر على اليقين هل يأخذ بالظن: حقيقتها وتطبيقاتها

Abstract EN

This rule refers to the idea that whoever can reach a certain ruling; can he forsake it and go for other probable solutions that are more likely true? The rule was mentioned in different wording by scholars.

The most frequently used form is that related in a statement form indicating the ruling without discussing the differences about it; some forms are reported in a question form that imply differences.

Scholars differ about the ruling but the most likely weighty position according to the author of this paper is that whoever is certain of an issue may incline uncertainty except that certainty is almost achievable effortlessly, then he has to abide by it.

Forsake it and go for other probable solutions that are more likely true? This can not be generalized in its own right on all issues that fluctuate between certainty and uncertainty, but due diligence must be pursued in every case.

Textual evidence from the Qur’an and Sunnah in addition to correct personal judgment indicated the validity of the rule and legality of using it as a basis for rulings if the following conditions are met: - Justifiable certainty.

- Certainty is not about to take place.

- Certainty cannot be reached easily.

- Ability to reach certainty after the achievement of the intended objective should not be attained by uncertainty.

The rule has significant theoretical applications in jurisprudence; therefore, it is considered one of the theoretical jurisprudential rules.