Side Links
Prayer Time
Makkah Tower Prophet Alhamdulillaah Muharram Muharram 2 Muharram 3 Ashura 12 Months Good Advice Sincerity 5

  |      |   

With regards to their relationship with their connotation, they are divided into two types:

1-mental clues: they are those which are derived through mental process such as the appearance of pregnancy on unmarried woman shows that she has committed fornication just as the presence of ashes at a place is a proof of fire been there before.

2-customary clues: these are clues that are dictated by customs. They are unstable as they are vulnerable to changes: such as purchasing a sheep on the day of Eid, is a sign that it is meant for the eid sacrifice and at the same time it can be for something else.

With regards to their strength in establishing a fact, they are of two types:

1-strong clues: they are those that have reach certainty.

Example of it: if a man came out of a house and it is found that in his hands is a knife soaked in blood, with his dress bearing stains of blood whiles he is engulf in fear and unstableness, and after he left the house, people found a man in it who was killed, and there were none in the house except the two of them, it serves as a proof that the man was the killer.

b- weak clues: they are those that allows the permissibility of the occurrence of its opposite, hence, it is not allowed  to depend on it alone but there is a need for it to be supported by another proof before a judgment or ruling can be based on it.

Example of it: if there occurred a case between a couples about an item in the house with each one of them claiming ownership of it, it is given to the more deserving of them both. Thus if the item deserves men, then it’s for the husband, and if it deserves women, then it’s for the wife.

c-a false clue: it is the type that is fallible to assumptions. It does not give certain knowledge and it is not allowed to depend on it in establishment of anything such as the claim of the brothers of Yusuf that a wolf had devoured him. they brought alongside with them his shirt soaked in blood as an indication of the truthfulness of their claim. However, their father detected their false claim , because it is unthinkable that a wolf eat up a human being without his shirt been torn apart. He said to them:

قَالَ بَلْ سَوَّلَتْ لَكُمْ أَنفُسُكُمْ أَمْرًا ۖ فَصَبْرٌ جَمِيلٌ ۖ وَٱللَّهُ ٱلْمُسْتَعَانُ عَلَىٰ مَا تَصِفُونَ

 “..He said, "Your souls enticed you to do something. But patience is beautiful, and God is my Help against what you describe.”{Yusif:17}

The rule of working with clues: the jurists differed in that in two opinions:

1-permissibility of working with clues in establishment (of a case), and this is the opinion of some Hanafis, and Ibn Farhuun of the Maalikis, and Al-Ezz ibn Abdus-Salaam of the Shafi’ees and Ibn Qayyim of the Hambalis.

2-impermissibility of working with clues, and it is the opinion of some belated scholars of the Hanafi Madh-hab and Al-Qarraafi from among the Maalikis’. Those in support of the permissibility of working with clues supported their opinion with following:

a- the story of Yusuf (alaihi-salaam-peace be upon him)- such as the presence of blood on his shirt, and that it is a proof of their false claim. The same was his ordeal with the wife of the Aziz, and it is agreed that the legislation of the previous prophets is our legislation if there exist nothing in our legislation showing its abrogation.

b-the saying of Allah; the Most High:

تَعْرِفُهُم بِسِيمَٰهُمْ لَا يَسْـَٔلُونَ ٱلنَّاسَ إِلْحَافًا ۗ

“…You will recognize them by their features. They do not ask from people insistently…”{Al-Baqara:273}, hence, the poverty of each one of them is known through some apparent signs from him such as humbleness, humility, fear of asking from people and the signs of weakness in bodily stature.

c-the established proofs that the occurrence of menstruation is a sign of the absence of pregnancy.

There are many proofs on this, and Ibn Qudaama reported the consensus of the sahaaba on the permissibility of working with clues.

 And from mental point of view: the impermissibility of working with clues may lead to the loss of many (people’s) rights.

Those who opined for the impermissibility of acting with clues cited as their proof the hadith: “were I to stone any one without evidence, I would have stoned so and so for suspicions had appeared from her side and those who enter upon her”. The chain of transmission of this hadith is authentic, but is assumed that such clues were weak ones and are not reliable in establishing a criminal punishment because they are mere accusation and doubt, and Hudud (legal punishments) are prevented with suspicions.

They(those of the second view) said that clues are based on suspicions and conjectures, and suspicions are mostly false. However, this proof is weak, because the suspicions that are blameworthy are the weak ones that are not qualified to be used as the basis of judgments. It is due to this that Allah; the most High said: ‘

إِنَّ بَعْضَ ٱلظَّنِّ إِثْمٌ  {some suspicion is sinful) (al-Hujuraat:12). It shows that there other forms of suspicions that are true.

The preponderant view is the permissibility of using clues and working with it due to the strength of the proofs of those who claimed so. Also from what shows the preponderancy of this opinion are the following:

1-: the impermissibility of working with clues may lead to the loss of many (people’s) rights, especially in the contemporary world with it’s accompanied many cunning and trickery ways, covering of truths and turning of realities.

2-clues are forms of proofs, and there is unanimity of the authority and the legality of proofs, more so when the basic condition of using clues is the absence of clear proofs or when the proofs availability with the judge are not enough. Also, the usage of clues is not in its general sense; rather, it is limited to when the need arises.

Ibn Qayyim says: “if a ruler neglects it (clues)he will forfeit many rights and will establish great absurdities..)



© 2015 - 2016 All rights reserved Islam Message