The Rule of Doubt in Symmetry as Verification of Differentiation

(Applied Jurisprudence Study)

Abstract

In this research, the light was shed on the content of the doubt’s rule about symmetry, such as verification of differentiation, which is meant by jurists as the usurious money. Whether money or food when exchanged for each other, if they are of the same kind, it is necessary to be certain that they are similar to each other, without an increase or decrease in one of them. This similarity can be achieved by measure if the two allowances are of measures, or by weight if they are of weights, or by counting if they are of money, by knowing the amount of each of them equally. As this ignorance was considered by the jurists as the certainty of the existence of the differentiation, they nullified the contract. Based on that, the jurists wrote this jurisprudential rule confirming this meaning, and they said: Doubt in symmetry is in what is conditioned by symmetry, such as achieving differentiation. The usury in Sharia is based on precaution, and suspicion and doubt in it do the work of the truth, as stipulated by the jurists.