قاعدة: الدليلُ إذا طَرَقَهُ الاحتمالُ سَقَطَ بِهِ الاستِدْلال: دراسةٌ تأصيليّةٌ تطبيقيّةٌ

The Legal Maxim: al-Dalīl idhā Ṭaraqahu al-Iḥtimāl Saqaṭa Bihi al-Istidlāl: A Foundational and Applied Study

Abstract

This study investigates the jurisprudential maxim, “If evidence is subject to doubt, its validity as proof is nullified,” a principle that has received insufficient analytical attention in Islamic legal scholarship. it seeks to explicate the conceptual framework of the maxim, trace its authoritative roots in foundational Islamic legal sources, and formulate methodical criteria for its sound application in alignment with Divine evidence. Through a combination of foundational, inductive, and critical methodologies, it articulates a precise definition: “The inferential value of evidence is nullified when it is counterbalanced by an opposing possibility that is equally probable and results in a contradictory interpretation.” This formulation rests on two conditions: the presence of conflicting alternatives and their equal epistemic weights. The study further analyses juristic engagement with the maxim, revealing different patterns of application. While some scholars adhered to the maxim’s conditions, others departed from its methodological requirements, resulting in inconsistent or unwarranted applications of the theory. The findings underscore the need for greater precision and consistency in deploying legal maxims, highlighting the risks of doctrinal instability when foundational principles are applied without adherence to established guidelines. The study contributes to a more disciplined and contextually grounded understanding of evidentiary reasoning in Islamic legal maxims.