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Friday, 16 October 2009 09:24

Legal Maxims And Other Genres Of Literature In Islamic Jurisprudence

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legalThis essay introduces the legal maxims of fiqh as a distinctive genre of fiqh literature side by side with three other related areas of development, namely al-dawabit (rules controlling specific themes), al-furuq (distinctions and contrasts), and al-naariyyat al-fiqhiyya (general theories of fiqh). Developed at a later stage, these genres of fiqh literature seek, on the whole, to consolidate the vast and sometimes unmanageable juris corpus of fiqh into brief theoretical statements. They provide concise entries into their respective themes that help to facilitate the task of both the students and practioners of Islamic law. Legal maxims are on the whole inter-scholastic, and disagreement among the legal schools is negligible on them. Legal maxims also closely relate to the maqasid, and provide useful insights into the goals and purposes of Sharia (maqasid al-sharia), so much so that some authors have subsumed them under the maqasid. Yet, for reasons that will presently be explained, legal maxims represent a late development in the history of Islamic jurisprudence ... Download the full article in pdf attachment (below)
Mohammad Hashim Kamali

Professor Dato' Dr. Mohammad Hashim Kamali is founding CEO of the International Institute of Advanced Islamic Studies (IAIS) Malaysia.