The Role of “Shubhah” of “Tariq” in Annulment of Juridical Punishments from the Sunni Perspective

In the legal term “Shubhah” (doubt) is to mix two things to each other, so that it is possible to have two judgments. In other words, an item with Shubhah is permissible in one direction, but in another direction it is forbidden. Shubhah of Tariq which is the jurisprudential difference resulted by the reasons is one of the different kinds of Shubhah. In Shubhah of Tariq which is a difference in ideas between the Jurisprudents in Ijtihad, since there is no preference for any of the ideas due to the convergence or conflict of the evidences, and the ideas are controversial, the doubt requires that the punishment be dropped. With regard to the induction and account of reason in the context of doubt in Islamic law, the bases of Shubhah of Tariq in the annulment of punishments are: Precautionary Principles, Observance of Disagreement, Conflict of Evidences, and Principled Adoption and Contradiction. The achievement of this paper, which deals with a hypothetical descriptive analytical approach, is that jurisprudential controversy about punishment leads annulment of juridical punishments.