islamic legal maxims a quick primer pdf download

ISLAMIC LEGAL MAXIMS A QUICK PRIMER – Book Sample

“Al-umuru bi-maqasidiha”

Acts are judged by the intention behind them

• This maxim is about ‘claim and practice’, where Muslims are required to demonstrate consistency in faith and practice, and in words and deeds.
• It embodies the relationship between intention and deed; claims and acts.
• It is about how legality and illegality is determined through intention and

deed.

• For example : A man makes an earning for (a) the satisfaction of his selfish urges; (b) personal consumption and demonstration effects; or (c) complying with the divine command to earn for the sake of survival and spending on noble causes. The act of earning may be the same, but the intention behind the act itself determines its standing.

“Ad-dararu yuzal”

Harm must be eliminated

• M.H. Kamali “ ….the maxim….is the validation of the option of defect in

Islamic law, which is designed to protect the buyer against harm.”

• This maxim is treated as a ‘pillar’ of Islamic law – established laws of option, inhibition, return of defective merchandise, pre-emption, requital, Hudud, compensation and indemnity, etc….
• The following are prerequisites to the application of the maxim :

– “Let the ancient rest on its age”

– “ A wrong is a wrong even though it be ancient”

– “Unlawful things are to be prevented irrespective of benefit”

“Al-yaqinu la yazulu bish-shakk”

Certainty is not overruled by doubt

• In other words : “Innocent until proven guilty”
• Supplemented by various other maxims to give clearer scope and meaning
• Although mainly used in relation to principally criminal matters, in general this maxim really means that one cannot be deemed liable until proven
• Any guilt attributed to any person must be treated as doubtful until proof is given to lift the doubt and create certainty – “Certainty can, in other words, only be overruled by certainty, not by doubt.” M.H. Kamali
• Example : A firm which declares a certain amount of income during the year – this must be accepted by the income tax authorities in the absence of contradicting evidence……

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