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Fiqh 402 Legal Fiqh Maxims

Tutorial Assistant: Ismail Kamdar Session Three

Qawaaid during

th 8

Century

The 8th century saw a rise in original works dedicated to Qawaaid The books during this period were mostly written by Shafiee scholars, then Malikis There is no record of books written by Hanafi scholars on this topic during this era

Qawaaid during 9th Century


The 9th Century witnessed mostly commentaries and summaries of early works There was a lack of original works in this field Absence of books by Hanafis continued Shafiee scholars continued to write the most on this topic

Qawaaid during 10th Century


Rise in interest in this field again First Hanafi Qawaaid books in centuries were written during this period Shafiee scholars continued to publish original works in this field Most Qawaaid books during this era were written by Maliki scholars

Qawaaid during 11th -13th Century


Interest in this field went down again Mostly commentaries and summaries were written Lack of original works

Qawaaid during Modern Era


Interest in the field grew Many original works published Modern and systematic approach was adopted Focus on using Qawaaid for modern Ijtihad issues

The Big Six


1. 2. 3. 4. 5. 6. Actions are based on their intentions Certainty is not overruled by doubt Harm must be eliminated Difficulty facilitates ease Local customs are the basis of judgment Giving weight to a statement is better than ignoring it

Introduction to Maqaasid Ash-Shariah


The attainment of Maslaha (benefits) and prevention of Mafsadah (harms)

Maslaha (benefits)
Three categories: 1. Dhurooriyaat (Necessities): Preservation of religion, life, intellect, family and wealth 2. Haajaat (needs): Things needed to remove Mafasdah (harms) from peoples lives 3. Tahsiniyaat (luxuries): Things which are not necessary but make life easier

Conditions for Maslaha


For something to be considered a Maslaha, it must: 1. Be beneficial to the public 2. Benefits outweigh the harms 3. A necessity 4. Acceptable to the righteous 5. In agreement with the Shariah

The First Maxim


Actions are based on their intentions
The entire Shariah revolves around intentions Fiqh rulings regarding intentions in every subject Intentions play a double role: Moral and Legal Moral Role Maintain sincerity Legal Role Importance of sanity and choice when doing an action

The First Maxim


Actions are based on their intentions
Definition: Any action or transaction must be judged according to the intention of the doer Origins: Indeed actions are judged by their intentions (Saheeh Bukhari 1:1) Imam Shafiee said that this Hadiths used in over 70 Fiqh chapters. Quranic Evidence: Surah Nisaa 4:100, Surah Nisaa 4:134, Surah Israa 17:19, Surah Rum 30:39, Surah Aal-Imraan 3:145, Surah Shoora 42:20, Surah Hud 11:15-16, Surah Baqara 2:207 Many Hadiths support this concept as well