PENERAPAN KAIDAH “AL-YAQIN LA YUZALU BI AL-SYAKK” DALAM PENETAPAN STATUS HUKUM KELUARGA (AHWAL SYAKHSIYAH)

Abstract

The rule of fiqh al-yaqīn lā yuzalu bi al-syakk is one of the fundamental rules in Islamic law that affirms that certain beliefs cannot be lost just because of doubt. This rule has a significant relevance in determining the legal status of the family (ahwal syakhṣiyyah), especially in matters of marriage, divorce, nasab, and other legal statuses that demand legal certainty. This research aims to analyze the application of the rules of al-yaqīn lā yazūlu bi al-syakk in determining the legal status of the family and its implications for the protection of rights and legal certainty for the parties. This research uses a qualitative method with a juridical-normative approach through a literature study of fiqh sources, fiqh rules, and laws and regulations related to Islamic family law. The research results show that the implementation of the rules of al-yaqīn lā yazūlu bi al-syakk plays an important role in maintaining stability and legal certainty in the case of ahwal syakhṣiyyah, as well as preventing the establishment of laws based on suspicion or doubt alone. Thus, this rule not only serves as a methodological principle in istinbāṭ law, but also as a normative instrument in guaranteeing justice and benefit in Islamic family law.