The legal maxims of Islamic law (Excluding five leading legal maxims) and their applications in Islamic finance
Al-qawāʿid al-fiqhīyah or legal maxims of Islamic Law are the general rules of fiqh that portray the goals and objectives of the Sharīʿah. They are applied in various cases that come under the common rulings and play a very important role in deducing many rules of fiqh since they provide a guidel...
| Main Authors: | , |
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| Format: | Article |
| Language: | English English |
| Published: |
King Abdulaziz University Scientific Publishing Center
2016
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/51224/ http://irep.iium.edu.my/51224/ http://irep.iium.edu.my/51224/1/KAOJIE_-Buerhan.pdf http://irep.iium.edu.my/51224/4/51224-The%20legal%20maxims%20of%20Islamic%20law_SCOPUS.pdf |
| Summary: | Al-qawāʿid al-fiqhīyah or legal maxims of Islamic Law are the general rules
of fiqh that portray the goals and objectives of the Sharīʿah. They are applied in
various cases that come under the common rulings and play a very important role in
deducing many rules of fiqh since they provide a guideline to come up with particular
ḥukm. There are five leading maxims, as reflected in the Majallah, such as, al-umūr bi
maqāṣidihā (matters are determined according to intentions), al-yaqīn la yazūl bi alshakk
(certainty is not overruled by doubt), al-mashaqqah tajlib al-taysīr (hardship
begets facility), al- ḍarar yuzāl (harm must be eliminated) and al-ʿādah muḥakkamah
(custom is a basis for judgment). Other than these five leading maxims, which are
applicable to a number of legal principles, there are other maxims, which are not as
extensive as the main maxims, but nonetheless, address a number of more detailed
issues in fiqh. Usually, the maxims incorporated in this category are either an
extension of maxims derived from the five leading maxims or might be unrelated. This
paper seeks to analyse those maxims, other than the leading maxims, which are related
to Islamic finance and to understand their roles and applications in the Islamic banking
and finance industry. |
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