Can We Treat Someone’s Unspoken Wish as a Fact?

Answered by Shaykh Irshaad Sedick

Question

If someone’s actions don’t show any sign that they want something, can we assume they do and treat it as a fact?

Answer

In the Name of Allah, the Merciful and Compassionate.

No. If someone’s actions do not show any sign of a desire, we cannot treat that desire as real. Assuming otherwise would just be guessing, and guessing is not a valid basis for judgment.

Three principles from Sacred Law support this.

First, we judge by what is outward, and only Allah knows what is inside a person’s heart (nahkumu bil-dhawahir wa-Allahu yatawalla al-sara’ir).

Second, the default is that a person is free from any claim or obligation (bara’at al-dhimma), so nothing is assumed about them, such as desire, consent, or duty, unless there is clear evidence.

Third, we assume things stay the same (istishab), so if there is no sign of a desire, we keep assuming that until something changes. This means anyone who claims a person wants something must prove it.

The Messenger of Allah (Allah bless him and give him peace) said, “You bring your disputes to me, and perhaps one of you is more eloquent in his argument than the other, so I judge according to what I hear.” [Bukhari; Muslim]

Even the Prophet, who received revelation, judged only by what was shown outwardly. So, we should not treat guesses about someone’s inner thoughts as facts in Sacred Law. Allah also warns believers to avoid too much suspicion, because some suspicion is sinful. [Quran 49:12]

One important point: if the Lawgiver or custom treats a certain sign as an indication, such as a shy bride’s silence when asked for consent, then that sign counts as an outward indicator. So, the rule of judging by outward appearances is still followed.

The main rule is that we need certainty to make a claim against someone, and only outward actions or words count as proof. In practice, treat people based on what they say and do.

If you need to know their wishes, ask them, and leave what is hidden in their hearts to Allah.

And Allah knows best.

[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani

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Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan (Allah have mercy on him), where he taught.

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Shaykh Muhammad Awama, Shaykh Muhammad Hasan Hitu, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has been the Director of the Discover Islam Centre, and for six years, he has been the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.

Shaykh Irshaad has fifteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic podcast, education, and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy Prophetic living and fitness.