The Five Universal Maxims of Islamic Law

(al-Qawa'id al-kulliyah al-khams) compiled by Dr. Alan Godlas

"The five maxims were matters of consensus among all schools [of Muslim jurisprudence]."
(Umar Faruq 'Abd-Allah, Islam and the Cultural Imperative, note 12)

1) Matters shall be judged by their objectives. (Al-Umur bi-maqasidiha)

– ‫ األمور بمقاصدها‬:‫قاعدة‬
The First Principle: Matters are to be considered in light of their objectives

"There is evidence for this principle in the Prophet's statement: “Actions are but by intention, and a man
will have only what he intended.” This hadith is of paramount importance. Indeed, some scholars have
claimed that it has implications for at least seventy different branches of knowledge. Others have said
about this hadith that it comprises a third of all knowledge."

The hadith used as a proof text and noted above is as follows:

‫ « إنما األعمال بالنيات‬: ‫ قول النبي صلى هللا عليه وسلم‬: ‫ودليلها‬

2) Certainty shall be removed by doubt. (Al-Yaqin la yazulu bi-al-shakk)

– ‫ اليقين ال يزول بالشك‬:‫قاعدة‬

The Second Principle: That which is established with certainty is not removed by doubt

"This important principle is applied in every area of Islamic Law. It is estimated that the questions that
are derived on its basis comprise three-fourths of all legal rulings. [Al-Suyûtî, al-Ashb wa al-Nazâ'ir (51).
See also: al-Bûrnû, al-Wajîz fî al-Qawâ'id al-Fiqhiyyah al-Kulliyah (169)]

There is evidence for this principle in the Prophet's statement: “If one of you feels something in his
stomach that makes him wonder if anything had passed from him, he should not leave the mosque until
he either hears or smells something.” [ Sahîh Muslim ]

Al-Nawawî comments:

This hadîth sets forth a principle of Islam and a major axiom of Islamic Law, which is that things are
legally assumed to remain as they are unless and until it is established with certainty that they are
otherwise. Extraneous doubts are of no consequence. [ Sharh Sahîh Muslim (4/49)]"

The hadith used as a proof text above is as follows:

‫ « ال ينصرف حتى يسمع صوتًا أو يجد ري ًحا‬: ‫ حديث‬: ‫ » ودليلها‬.

3) Hardship shall bring alleviation. (Al-Mashaqqah tajlibu al-taysir)

– ‫ المشقة تجلب التيسير‬:‫قاعدة‬
The Third Principle: The presence of difficulty requires that allowances be made to effect ease

"This principle embodies the fact that Islamic Law is built upon achieving ease and not upon imposing
hardships. Whenever difficulties present themselves, the Law makes provisions to facilitate matters. The
condition for such measures to be taken is that the difficulties are real and not imagined.

Allah says: “Allah intends for you ease and does not intend for you hardship.” [ Sûrah al-Baqarah : 185]

The Prophet (peace be upon him) said: “You have been sent forth to make things easy, not to impose
difficulties.” [ Sahîh al-Bukhârî ]

`Â'ishah said: “The prophet (peace be upon him) had never been given the choice between two things
except that he would choose the easiest of the two, so long as there was no sin in it.” [ Sahîh al-Bukhârî
]"

The Qur'anic proof text above is as follows:

ِ ‫علَ ْي ُك ْم فِي الد‬

]78:‫ِين مِ ْن َح َرجٍ} [الحج‬ َ ‫ { َو َما َج َع َل‬: ‫ قول هللا تعالى‬: ‫ودليلها‬.

And the first of the two hadiths noted above is as follows:

‫س ْم َحة‬
َّ ‫ « بعثت بالحنيفية ال‬: ‫وقول الرسول صلى هللا عليه وسلم‬

4) Harm shall be removed. (Al-Darar yuzalu)

– ‫ الضرر يزال‬:‫قاعدة‬
The Fourth Principle: Harm should be removed

"Islamic Law completely forbids that which causes harm. That which is harmful must be completely
avoided whenever possible. When it is not possible, then the lesser of two evils should be perpetrated
to avoid the greater. That which brings harm on a smaller scale is to be preferred to that which visits
general harm to society. Likewise, the avoidance of harm takes priority over the attainment of some
benefit.

Evidence for this principle can be found in the Prophet's statement: “There must be neither harm nor
the imposition of harm.” [ Sunan al-Daraqutnî (3/77), al-Mustadrak (2/57), and Sunan al-Bayhaqî
(6/69)]"

The above hadith used here as a proof-text is as follows:

‫ودليلها‬: ‫ والضرار ما يكون بقصد‬، ‫ والضرر ما يكون بغير قصد‬، » ‫ « ال ضرر وال ضرار‬: ‫ حديث‬.

5) Cultural usage shall have the weight of law. (Al-' Adah muhakkamah)
– ‫ العادة محكمة‬:‫قاعدة‬.
The Fifth Principle: Customary usage is the determining factor

"Custom refers to the prevailing practices of society with respect to their choice of words and their
mode of action.
The principle that customary usage is the determining factor basically means that the customs of the
people are recognized and acknowledged by Islamic Law as long as certain conditions are met. The most
important of these conditions is that the custom in question does not violate the dictates of the sacred
texts. Another is that the custom is indeed the prevailing practice in society and is applied in that society
on a consistent basis. The third condition is that the custom must have been in effect at the time when a
given activity was initially entered into without there having been any clear expression on the part of the
concerned parties indicating something to the contrary. Finally, the custom must be of a nature that its
application can be considered binding on the parties concerned.

Among the evidence for the recognition of custom in Islamic Law is the following hadith related by
`Â'ishah:

Hind, the mother of Mu`âwiyah, said to the Prophet (peace be upon him): “Abû Sufyân (Hind's husband)
is a tight-fisted man. Is there anything wrong if I take money from him secretly?”

The Prophet (peace be upon him) said: “Take for yourself and your children to suffice your needs
according to what is customary.” [ Sahîh al-Bukhârî ]

Ibn Hajar al-`Asqalânî, in his commentary on Sahîh al-Bukhârî , observes: “He referred her to customary
usage in a matter that was not precisely defined in Islamic Law.” [ Fath al-Bârî (4/407)]

Ibn Mas`ûd, the eminent Companion, said: “What the Muslims determine to be good is good with
Allah.”
[ Musnad Ahmad ]

Ibn al-Qayyim writes:

On this basis, Islamic rulings are given throughout the ages. Whenever you find a custom in practice, you
must take it into consideration, and whenever you find a custom has been abandoned, you must cease
to consider it. You must not become unyielding all your life in adhering to what is recorded in the books.
If someone comes to you from outside of your own region seeking a legal ruling, do not hold him to the
customs of your land. Ask him about the customs of his own land and hold him to those and give your
legal ruling accordingly. Do not apply the customs of your country that you find in your books. { I`lâm al-
Muwaqqi`în (3/78)]"

The report of Ibn Mas'ud noted above and found in Musnad Ahmad is as follows:

‫ « ما رآه المسلمون حسنًا فهو عند هللا حسن‬: ‫ قوله صلى هللا عليه وسلم‬: ‫» ودليلها‬