If one person authorizes another to undertake a service for them - they are technically referred to as a principal and an agent - when the agent informs the principal that the service has been completed, should the principal doubt her/his word, or presume the commission has been completed in the appropriate manner?

If a husband, in divorcing his wife, appoints a cleric to undertake on his behalf all the necessary formalities before two reliable witnesses - as is specified for divorces to be valid in Imamiyah fiqh - should he later entertain doubts about all necessary formalities being met?

Do we accept that a restaurateur, who is a practising Muslim and fully aware of the rulings regarding halal slaughter and purity, has punctiliously ensured that the detail and spirit of all that is required for the supply of halal food and drink has been met?

Common to all three examples above are questions regarding necessary requirements being met, and the ruling that relates to doubts people may have.

The answer exists in the 'principle of validity'. Imagine how onerous life would be if every Muslim had to personally check each and every trades­person, butcher, baker, restaurateur, cafe owner, etc. Is this practicable to undertake? Indeed, is it possible to check if all utensils, surfaces and vessels used in food processing are indeed clean and free of impurity, before ourselves consuming any processed foods?

The principle of validity indicates that unless there is clear proof that a person or company has been slipshod in meeting the necessary standards and requirements, one has to assume that all their obligations have been carried out in an appropriate manner.

It is clear that we are referring to actions undertaken by practising Muslims conversant with Islamic rulings. This principle does not of course, apply to non-Muslims who are unfamiliar with, and have no knowledge or interest in shari’ah.

When the above principle is applied to actions undertaken by Muslims, all acts of worship, contracts and commitments are assumed, and all their actions are considered to be acceptable, valid and to have been appropriately undertaken. This means that we assume that meat offered by a Muslim is halal, that the prayer led by a Muslim is valid, that the prayer leader is a person worthy to pray behind, that divorces are valid, and that after the waiting period – ‘iddah -women are legally entitled to remarry, etc.

The Basis Of This Principle

From The Qur’an

A) “O you who believe! Avoid much suspicion. Indeed, some suspicions are sins. And spy not [on others], neither backbite one another.”. (Surah Al-Hujurat, 49:12).

This indicates that doubts regarding the validity of actions undertaken by other Muslims are ‘suspicions to be avoided’. Within principles of jurisprudence the verb avoid is emphatic and conveys prohibition.

In other words, this ayah orders Muslims to ignore the possibility of doubt. Not to spy on others, not to check up on or investigate what others do, not to talk about them behind their backs, even if such statements might be true. This clearly rules out the invalidity of a Muslim's actions and indicates that the only option is to accept that all the actions of other Muslims have been validly undertaken.

Some jurists pose two arguments to the above:

1. The above ayah may refer to the prohibition of accusing others or spreading rumours about them.

2. The possibility neither to accept doubts, nor to confirm the validity of actions but simply to continue to exercise precaution.

Our answer to both of the above is that no problem is to be solved via either of these arguments.

1. Speak well about people!1

Imam al-Sadiq (‘a) elaborated upon this ayah saying,

“You have to think well about people unless it becomes evident that they do not deserve that consideration”.2

Clearly, we indicate our belief and reliance in those whom we speak about. However, if we examine the Qur'anic term Husn in its variety of usages3, we find it is used to indicate that not only people but also actions contain goodness - Husn - another way to signify validity and appropriateness.

From Ahadith

1. Imam Ali (‘a) said,

“Think well of your brother's affairs until it is evident that he does not deserve that consideration. Do not consider expressions uttered by your brother in Islam to be evil before you have carefully considered if they are also capable of containing some goodness”.4

This hadith emphasizes the significance of trust and reliability within Islamic society, by which to establish strong bonds between Muslims. If this were not the case, no one would be able to pray behind another, or accept the word of fellow Muslims for all would harbour suspicions about everyone else.

2. Imam al-Sadiq (‘a) said to Muhammad Ibn Al-Fadl,

“O Muhammad, do not rely on what you see or hear about a brother­in-faith. If 50 qusama [those, from the surrounding area, who swear an oath that they are not guilty of having commited a murder] claim that he has committed an act which he denies, believe his claim rather than their words”.5

It is unreasonable not to rely on what one sees and hears because the senses of sight and hearing are means through which we are able to communicate. How can we acquire information if we do not rely on what we hear, read or see?

The above hadith emphasizes the need to remove doubts and to be as precise as possible before passing judgements. Furthermore, in Islamic criminal law it is adequate for an oath to be sworn by one reliable person only. How then can it be that 50 people are to be ignored?

The best way to explain this hadith is to point to the tendency people have to hear only that which they think is apparent from the utterances and declarations of others. They will then tend to adhere steadfastly to that belief. However, there are many circumstances in which people claim to have been misunderstood, misinterpreted or had their words taken out of context.

Thus, if a statement is able to convey two different meanings or understandings, Muslims are required to accept the meaning and understanding intended by the person who made the statement - in preference to their own interpretation of what has been relayed to them.

This applies to both actions and statements. Shaykh Murtada Al-Ansari cites the example that, despite the person in question being known to be righteous, people assumed that the claret-coloured grape juice he sipped from a glass was red wine. In this case, Imam al-Sadiq (‘a) tells us to reject our own interpretations of events and be guided to 'think well about others'.

However, Imam 'Ali (‘a) advises us to differentiate between different periods in time.

In periods when virtue is in vogue, it is considered unjust to entertain evil suspicions about those of whom nothing dishonourable is known. However, in periods in which vice is in vogue to entertain a favourable impression of another is to imperil oneself.6

This emphasizes the importance of comprehending the zeitgeist or 'spirit of the times' before making judgements about the affairs of others.

To conclude, the above hadith clarifies that one should not think evil about the deeds and actions of others unless there are extremely strong reasons for doing so. Indeed, this defines what is meant by the principle of 'validity'.

3. Imam al-Sadiq (‘a) said,

‘When a believer accuses his brother in faith, faith dissolves from his heart as salt does in water’.7

There are three different possible motivations for people's actions:

1. To do good.

2. To commit a sin.

3. To enjoy something that is permissible.

Acts may themselves be recognized as being:

1. Both appropriate and suitable.

2. Appropriate in the view of the ‘doer’ but regarded as unsuitable by others.

The above hadith excludes motivation (2) but accepts the possibility of an act being considered to be either (a) or (b). This means that if Muslims act in good faith and without any intention to sin, no one has the right to doubt, accuse or cast aspersions on them.

From Consensus

Shaykh Murtada Al-Ansari claims that consensus in both the verbal and practical sense is the third source of support for the principle of 'validity'. According to him, no jurist disputes the reliability of a person who claims to have fulfilled her/his obligations in the appropriate way. He says that in so far as practical consensus is concerned, it is evident that all Muslims throughout history have tended to accept the principle of 'validity' and that those who deny this are simply being stubborn.8

Our observation is that we should accept the second aspect, i.e. practical consensus. Vis-a-vis verbal consensus, the opinions of the fuqaha of earlier times are difficult to trace. Nonetheless, one may claim that reliance on reasonable people was practised at the time of the error-free Imams (‘a) and that they approved of it.

People are recommended to take all precautionary measures to avoid finding themselves in positions in which they might be misjudged.

On The Basis Of The ‘Decisive Factor’ In Ahadith

Before proceeding, we need to clarify the difference between the above category, referred to in Arabic as Tanqih al-Manat al-Qata’i, and analogy ­ qiyas. Illah, the most important essential – rukn - for qiyas, is an attribute of an original ruling that is constant, evident and which bears proper relationship to the ruling itself.

To cite two examples, wine is prohibited because of its intoxicating quality, lying is not permissible because of its role in the destruction of trust between people. Thus, we may define Illah as being the rationale behind a ruling. This will cover all other elements that share the same attributes. All intoxicants thus fall under the same ruling.

If we leave this type of ijtihad open and without restriction, we arrive at what is referred to as analogy. However, if we rely on the authority of a decisive factor of an ayah or a hadith to use as the general principle to apply to all matters that share the same rationale, we may be said to be employing Tanqih al-Manat al-Qata'i. This is the area where those who endorse qiyas and those who do not, meet on common ground.

In the first hadith to support the ‘principle that possession indicates ownership’ (chapter 1), we observed that Imam al-Sadiq (‘a) said, 'If you do not rely on this principle, no business transaction can ever be possible or valid'.

Applying the decisive rationale in this hadith leads us to conclude that all things that cause anarchy and disorder in regard to transactions are to be avoided. As rejection of the principle of validity would likely result in anarchy and disorder, such rejection needs to be ruled out. We thus have no choice other than to accept the Principle of Validity as one of the general principles within jurisprudence.

This is the view supported by Shaykh Murtada Al-Ansari in Fara'id al-Usul, Volume 2, p. 393. As we discussed earlier, it is not practical for everyone to check that all utensils, surfaces and vessels are clean and free of impurities before food is processed. To attempt such verification would certainly constitute an insufferable hardship for people to bear and Allah tells us that He does not intend to establish any unbearable hardships for us.

What About Ourselves?

So far, we have discussed the acts and contracts of others and how to reject doubts regarding the validity of their actions. So what about the doubts that we ourselves entertain concerning our own actions?

As the above principle is a general one it also covers our own actions. For example, if after completing Salat al-Asr one were to entertain doubts as to whether the prostration in the second cycle of either Salat al-Zuhr or Salat al-Asr, was performed correctly or not, the ruling accepted by all jurists is to ignore those doubts and presume that the prayer was indeed correctly performed. This is referred to as the principle of completion - Qa'idatal-Faragh - and expressed as, ‘Any doubt that arises after the completion of an act is to be ignored’.

Psychologists acknowledge the existence of a ‘repetitive compulsive disorder’ - waswas - that arises when people do not accept that the principle of validity covers their own actions. One may shut a door behind one and yet maintain doubts whether this was indeed done and feel an urgent need to repeatedly check that it has been. Hour upon hour may be spent in an endeavour to complete valid ablution, or ensure that the pronunciation of a certain ayah is correct. The ideal solution indicated by shari’ah, is to ignore such doubts and to rely upon the principle of validity.

• 1. The full verse reads:
  "And (remember) when We made a covenant with the Children of Israel (instructing): 'You shall not worship any but Allah; and (you shall do) good to (your) parents, and to the near of kin and to the orphans, and the needy, and speak kind words to people, keep up the prayer, and pay the poor-rates (zakat)’. Then you turned away, except a few of you, and you backslide (even now)." (Surah Al-Baqarah, 2:83).
• 2. Al-Kafi Vol. 2, p. 164.
• 3. Examples of Husn in the Holy Qur’an:
  “Until when he reached the setting-place of the sun, he found it setting in a muddy spring and he found by it a people. We said: ‘O’ Zul-Qarnayn! Either you chastise them or you take a way of kindness among them?” (Surah Al-Kahf, 18:86).
  “Save he who has been unjust, then he does good instead after evil, for verily I am the Forgiving, the Merciful;” (Surah An-Naml, 27:11).
  “And We have enjoined on man goodness unto his parents; and if they strive with you that you should associate (others) with Me, of which you have no knowledge, then do not obey them, unto Me is your return, and I will inform you of what you were doing.” (Surah Al-‘Ankabut, 29:8).
  That is [the great Bounty] whereof Allah gives glad tidings to His servants who believe and do righteous good deeds. Say [O Muhammad! Say unto people]: “No reward do I ask of you for this [Divine Call] except to be kind to my close relatives.” And whoever earns a good righteous deed, We shall give him an increase of good in respect thereof. Verily, Allah is Oft-Forgiving, Most Ready to appreciate [the deeds of those obedient to Him]. (Surah Al-Shura, 42:23).
  "And (remember) when We made a covenant with the Children of Israel (instructing): 'You shall not worship any but Allah; and (you shall do) good to (your) parents, and to the near of kin and to the orphans, and the needy, and speak kind words to people, keep up the prayer, and pay the poor-rates (zakat)’. Then you turned away, except a few of you, and you backslide (even now)." (Surah Al-Baqarah, 2:83).
• 4. Usul al-Kafi Vol. 2, p. 361, Nahj al Balaghah, Aphorism 360.
• 5. Thawab al-A'amal, p. 295.
• 6. Nahj al-Balaghah, Aphorism. 114.
• 7. Al-Kafi Vol. 2, p. 361.
• 8. Fara'id al-Usul Vol. 2, p. 392.