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    Islamic Legal Maxims

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    nana
    This document discusses Islamic legal maxims and principles of jurisprudence. It outlines four main maxims: 1) Committing the lesser of two harms, 2) Necessity dictates exception/necessity overrules prohibition, 3) That which became permissible by necessity is estimated by the extent thereof, 4) Avoiding harm is prior to acquiring benefit.

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    Islamic Legal Maxims

    Uploaded by

    nana
    170 views19 pages
    This document discusses Islamic legal maxims and principles of jurisprudence. It outlines four main maxims: 1) Committing the lesser of two harms, 2) Necessity dictates exception/necessity overrules prohibition, 3) That which became permissible by necessity is estimated by the extent thereof, 4) Avoiding harm is prior to acquiring benefit.

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    the four legal maxims under darurah

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    This document discusses Islamic legal maxims and principles of jurisprudence. It outlines four main maxims: 1) Committing the lesser of two harms, 2) Necessity dictates exception/necessity overrules prohibition, 3) That which became permissible by necessity is estimated by the extent thereof, 4) Avoiding harm is prior to acquiring benefit.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    170 views19 pages

    Islamic Legal Maxims

    Uploaded by

    nana
    This document discusses Islamic legal maxims and principles of jurisprudence. It outlines four main maxims: 1) Committing the lesser of two harms, 2) Necessity dictates exception/necessity overrules prohibition, 3) That which became permissible by necessity is estimated by the extent thereof, 4) Avoiding harm is prior to acquiring benefit.

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    You are on page 1of 19

    ISLAMIC LEGAL

    MAXIMS

    The benefit of this classification is to


    resolve any conflict between these
    different categories of interest
    - The rules of conflict and priority:
    1- The stronger interest shall prevail:
    Although all the necessities should be
    observed, promoted and protected, in
    case of conflict they should be taken
    according to the following order:
    - Daruriyyat have priority over the
    hajiyyat, which in turn have priority over
    the tahsiniyyat

    Din has precedence over life (jihad).


    Religion # intellect = freedom of thinking.

    Religion # property = spending / haram


    wealth

    Life has precedence over nasl (abortion).

    Life has precedence over aql (drugs for


    medical purposes).

    Aql

    has

    precedence

    (education) ...etc.

    over

    wealth

    THE DEFINITION
    Literally :
    Al-qawaid= principles
    Al-fiqh
    = islamic law
    Technically :
    general principles of Fiqh which are presented in a
    simple format consisting of the general rules of
    Shariah in a particular field related to it (Mustafa
    Ahmad al-Zarqa)
    the general rules of Fiqh, which can be applied in
    various issues.
    used as principles to deduce many rules of Fiqh.
    Therefore they have a great role in the formation of
    islamic law.

    Legal Maxim that govern the


    rules of conflict and priority
    1. Committing the lesser of two harms

    ()

    .In case there are two harm, the lesser harm can be committed in
    order to prevent the greater harm from occurring. In other word, it
    is choosing the lesser between two harm things.
    Example:
    I.
    When the prophet told the companions to leave Mecca and go
    to Abyssinia which was governed by a Christian King who did
    not judge by what Allah revealed. The prophet took the lesser
    of the two evils because in Mecca they were being tortured and
    harmed in Abyssinia they will live in peace but not under Allah
    rule. So he (s) chose the lesser of two great evils.

    2. Necessity dictates
    overrules prohibition

    exception

    necessity

    ( )

    This means that prohibited things is allowed to be carried out


    under extreme circumstances provided there are no other
    alternatives for such situations.
    Example:
    I. A person is allowed to consume prohibited food in order to
    survive under extreme situation provided no other food is
    available.
    II. validate dumping of the cargo of an overloaded ship to prevent
    the danger or dharar to the life of its passengers.

    BUT..

    3. That which became permissible by necessity is


    estimated by the extent thereof

    ()
    Dharar is measured in accordance with its true proportion.
    Dharar is an exceptional circumstance, therefore should be
    given a restricted interpretation.
    What is deemed necessary in the case of dharar should be
    allowed to extent required for resolving harm only.
    Example : if the court orders the sale of assets of negligent
    debtor to pay his creditors, it must begin with the sale of his
    moveable goods. ( if this is sufficient to clear debt, before
    selling his immovable or real property)

    4. Avoiding harm is prior to acquiring benefit

    ()
    The repelling of evil is preferred to the acquisition of
    benefits
    If there a conflict between warding off an evil and securing
    benefit, the former is given preference over the latter.
    Example:
    I. The consummation of liquor/arak
    There are both pros (lower the rate of cardiovascular
    disease-benefit only in consuming small amount) and
    cons of arak ( cause accident-inconcious state, cause
    cancer
    II. Permissible to lie when the advantage is certain
    Lying in the process of reconciliation two enemies

    THE END..

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