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Philosophy and Fundamentals of Sharī’ah for Islamic Finance
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c. In wakālah contract, if one appoints an agent (wakīl) to buy a
defined horse, for example, then the agent purchases another
horse, the consequences of contract can be divided into two
conditions: if the agent intends to buy the horse on behalf of
a principal (muwakkil) the horse is for the principal.However,
if his intention is for his interest so the contract is for himself.

2. Certainty is not Dispelled by Doubts

Basis of this rule is the saying of the Prophet SAW

If any one of you has pain in his abdomen, but is doubtful whether or not
anything has issued from him, he should not leave the mosque unless he
hears a sound or perceives a smell.”
(Ṣaḥīḥ Muslim)

General meaning of the Maxim:

This maxim provides the guidance in respect of the principle, which
should be adopted in addressing prevailing issue that arises due to
the existence of doubt in the underlying facts of the matter.
The judgement of the whole matter is supported by evidence, or
token or other considered means cannot be dispelled by doubt. It is
because the certainty cannot be repelled by a thing that is weaker
as such doubt. Hence, the judge will always stand on certainty and it
will remain on it until there is legitimated proof for another certainty.
For example, the certainty of water is pure and it will remain pure
unless there is another certainty of evidence that shows the water
is not pure anymore.

Applications of the Maxim:
a. In the case of performing the ablution, the maxim emphasises
that the status of ablution undertaken or carried out by a person
is considered to remain valid unless there is evidence or indication
showing otherwise. The state of ablution of that person shall
not be disputed or ceased to be valid primarily due to the doubt
that arises on the matter. The decision on the invalidity of ablution
shall only be supported by strong evidence

b. In the case of loan contract, a person shall consider that he or
she is still indebted to the lender in the event where he or she
is unable to provide the evidence of payment. This is due to the
fact that the outstanding amount of loan will remain valid and
certain as stipulated under the contract and will only reduce
by the settlement amount. It is known fact that loan of financing
transaction executed with financial institutions is supported
with written evidence and proper documentation.