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Legal Maxims as a Genre of Islamic Law

Legal Maxims as a Genre of Islamic Law Al-qawāʿid al-fiqhiyya are legal maxims or principles that are usually expressed in the form of terse adages, such as: al-umūr bi-maqāṣidihā (acts are (judged according) to the objectives behind them); and al-mashaqqa tajlub al-taysīr (hardship brings about facilitation). Most of al-qawāʿid (sg. al-qāʿida ) are specific to individual schools of law, although some of them are acknowledged by all schools. The most accepted definition of al-qāʿida al-fiqhiyya is: “A predominantly valid legal determination ( ḥukm aktharī ) that applies to most of its particular cases ( juzʾiyyāt ) so that their legal determinations will be known from it”. Another designation of the genre is al-ashbāh wa’l-naẓāʾir (similitudes), referring to the similarities between cases included under the rubric of each qāʿida . The schools of law ( madhāhib , sg. madhhab ) are agreed on two types of qawāʿid fiqhiyya: general qawāʿid that apply to all or most fields of the law, which are therefore known as kulliyya (universal), and specific ( khāṣṣa ) qawāʿid that apply to one or more, rather than all, fields of fiqh; the latter are also known as ḍawābiṭ (sg. ḍābiṭ , regulators). http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Islamic Law and Society Brill

Legal Maxims as a Genre of Islamic Law

Musa, Khadiga
Islamic Law and Society , Volume 21 (4): 325 – Sep 22, 2014
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Publisher
Brill
Copyright
© Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9380
eISSN
1568-5195
DOI
10.1163/15685195-00214p01
Publisher site
See Article on Publisher Site

Abstract

Al-qawāʿid al-fiqhiyya are legal maxims or principles that are usually expressed in the form of terse adages, such as: al-umūr bi-maqāṣidihā (acts are (judged according) to the objectives behind them); and al-mashaqqa tajlub al-taysīr (hardship brings about facilitation). Most of al-qawāʿid (sg. al-qāʿida ) are specific to individual schools of law, although some of them are acknowledged by all schools. The most accepted definition of al-qāʿida al-fiqhiyya is: “A predominantly valid legal determination ( ḥukm aktharī ) that applies to most of its particular cases ( juzʾiyyāt ) so that their legal determinations will be known from it”. Another designation of the genre is al-ashbāh wa’l-naẓāʾir (similitudes), referring to the similarities between cases included under the rubric of each qāʿida . The schools of law ( madhāhib , sg. madhhab ) are agreed on two types of qawāʿid fiqhiyya: general qawāʿid that apply to all or most fields of the law, which are therefore known as kulliyya (universal), and specific ( khāṣṣa ) qawāʿid that apply to one or more, rather than all, fields of fiqh; the latter are also known as ḍawābiṭ (sg. ḍābiṭ , regulators).

Journal

Islamic Law and Society – Brill

Published: Sep 22, 2014

Keywords: Al-qawāʿid al-fiqhiyya ; al-qawāʿid al-uṣūliyya ; legal maxims ; substantive law ; al-ashbāh wa’l-naẓāʾir ; qāʿida ; ḍābiṭ ; juzʾiyyāt/masāʾil/furūʿ

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