Legal Maxims of Islamic Jurisprudence pdf download

Legal Maxims of Islamic Jurisprudence – Al-Qawâ‟id Al-Fiqhiyyah

لَمْحَةٌ تَارِيخِيَّةٌ عَنْ القَوَاعِدِ الفِقهِيَةِ و أَهمُّ كُتُبِ المَذَاىِبِ المُتَعَلِّقَةِ بِها مَصَادِرُ القَوَاعِدِ الفِقْيِيَّةِ، ومُيِمَتُها، وَمَكَانَتُها

A Historical Glance at Al-Qawâ‟id Al-Fiqhiyyah – The Most Significant Madhâhib Books – Sources, mission, and positions of Al-Qawâ‟id Al-Fiqhiyyah

Islamic University of North America (Mishkah) Islamic Studies English Program

L egal Maxims of Islamic Jurisprudence

Definition of Al-Qâ’idah

Al-Qâ‘idah literally means a concrete or abstract maxim or base;

Is the ruling of Al-Qâ‘idah Al-Fiqhiyyah all-inclusive or preponderant?

In Ar-Rokkî’s words: “Al-Qâ‘idah Al-Fiqhiyyah is an all-inclusive rule based on legal evidence written accurately in comprehensive words, and it includes all or most particles, Juz’iyât it.”

The first group of scholars:

Al-Qâ‘idah is an all-inclusive rule  which is a verdict pertaining which includes all the related jurisprudence (fiqh) branches (or Furû). Examples of these scholars are: Imams As-Sa‘d At-Taftazâniy2, Abû Al- Baqâ’3 and Al-Maqqariy.

The second group of scholars:

Al-Qâ‘idah is a preponderant rule which includes most of the related jurisprudence (fiqh) branches (or Furû‘).

Examples of these scholars are: Imâm As-Subkkiy5 and Imâm Al-Hamawiy.6

Imâm Ash-Shâtibiy supported a reconciliation between the two definitions, where If there were a particle jurisprudence matter (or Juz’iyyah) that were an exception to a maxim (or a Qâ‘idah), that that would not cancel the comprehensiveness and the inclusion of such a Qâ‘idah; for that particle (or Juz’iyyah) could be a branch of another Qâ‘idah. 7

Legal maxims, or Al-Qawâ‘id Al-Fiqhiyyah are different in scholars agreement on them, and in the level of their inclusiveness.

Legal maxims, or Al-Qawâ‘id Al-Fiqhiyyah can be divided into four types:

1. Al-Qawâ‘id Al-Qulliyyah Al-Kubrâ (Maxims)

 Normative Legal

Agreeable to all scholars and all Madhâhib.

Have the highest degree of inclusiveness (of related branches of Fiqh).

Example:

 (Al-mashaqah tajleb at-taiysîr): Hardship begets ease.”