QAWĀʿID FIQHIYYA
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Qawāʿid Fiqhiyya
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The Science of Qawāʿid Fiqhiyyah
Qawāʿid Fiqhiyyah, or “legal maxims of jurisprudence,” is the science that deals with broad, general principles derived from Islamic law that help summarize and systematize large numbers of detailed legal rulings. These maxims provide jurists and students with a framework for understanding, applying, and reasoning through various legal issues in a consistent and efficient manner.
Unlike uṣūl al-fiqh, which focuses on the sources and methodology of deriving law, qawāʿid fiqhiyyah distills the outcomes of fiqh into concise principles. These maxims are not sources of law themselves, but rather reflective summaries of patterns found across the legal rulings of the Qur’an, Sunnah, and scholarly consensus.
Examples of foundational legal maxims include:
– “Matters are judged by intentions” (al-umūr bi-maqāṣidihā)
– “Harm must be removed” (al-ḍarar yuzāl)
– “Certainty is not overruled by doubt” (al-yaqīn lā yazūlu bi-shakk)
– “Custom is considered” (al-ʿādah muḥakkamah)
These principles serve as powerful tools for legal reasoning, especially in new or complex cases where direct textual evidence may be lacking. They also aid in ensuring consistency, fairness, and coherence in Islamic legal thought.
The science of qawāʿid fiqhiyyah bridges the gap between detailed rulings and overarching objectives of Shariah (maqāṣid al-sharīʿah), making it a practical and essential discipline for scholars, muftis, and advanced students of Islamic law.
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