Qawa‘id Al-Fiqh: The Legal Maxims of Islamic Law

Written by Mohammad Hashim Kamali

The Association of Muslim Lawyers

This essay provides a brief introduction to legal maxims, an evidently important chapter of the juristic literature of Islam, that is particularly useful in depicting a general picture of the nature, goals and objectives of the Shari‘ah. Yet, for reasons that will presently be explained, legal maxims represent a latent development in the history of Islamic legal thought. A brief explanation of the background history of legal maxims will be followed by a discussion of developments in three other related areas ....... Download the full article in pdf attachment (below)

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Mohammad Hashim Kamali

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

www.HashimKamali.com

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Sadly, not a day passes that we do not hear of acts of violence, conflict, kidnapping, terrorist attacks, killings and destruction, it is horrible that at times, to justify such barbarism, the name of a religion or the name of God himself is invoked. – Pope Francis addressed the representatives of different religions at Vatican City, November 2016

The sage is self-effacing and scanty of words. When the task is accomplished and things have been completed, all the people say, "We ourselves have achieved it!" – Chinese Text, Tao Te Jing

Food is the chief of all medicines. – Indian Text, Upanishads

One on tip-toe cannot stand. One who parades his own success will not endure. – Chinese Text, Tao Te Jing

It is the fate of every truth to be the object of ridicule when it is first acclaimed. It was once considered foolish to suppose that black men were really human beings and ought to be treated as such. – Albert Schweitzer

I asked the tree to speak to me about God, and it blossomed. – Rabindranath Tagore

There is a variety of gifts, but it is always the same Spirit. There are all sorts of services to be done, but always to the same Lord, working in all sorts of different ways in different people. It is the same God working in all of them. – Paul in 1 Corinthians (12:4-6)

The Native American Cree people say, "Only when the last tree has been cut, the last river poisoned, and the last fish caught, only then will you realize that one cannot eat money. – Thomas Menamparampil

The significant problems we face cannot be solved at the same level of thinking we were at when we created them. – Albert Einstein (d. 1955)

I have often regretted my speech, never my silence. – Xenocrates (d. 314 BC)

A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty. – Sir Winston Churchill (d. 1965)

There is nothing on this earth more to be prized than true friendship. - Thomas Aquinas

He that falls in love with himself will have no rivals. - Benjamin Franklin

The test of a man or woman’s breeding is how they behave in a quarrel. - George Bernard Shaw

Cowards die many times before their deaths; The valiant never taste of death but once. - William Shakespeare

Being deeply loved by someone gives you strength, while loving someone deeply gives you courage. – Dao de Ching by Lao Tzu

A leader is best when people barely know he exists, when his work is done, his aim fulfilled, they will say: we did it ourselves. – Dao de Ching by Lao Tzu

Treat those who are good with goodness, and also treat those who are not good with goodness. Thus goodness is attained. Be honest to those who are honest, and be also honest to those who are not honest. Thus honesty is attained. – Dao de Ching by Lao Tzu

People are qualified for civil liberty, in exact proportion to their disposition to put moral chains on their own appetites. It is ordained in the eternal constitution of things that men of intemperate minds cannot be free. Their passions forge their fetters. – Edmund Burke

We live in a wonderful world that is full of beauty, charm, and adventure. There is no end to the adventures we can have if only we seek them with our eyes open. – Jawaharlal Nehru (d. 1964)

Religion is never more tested than when our emotions are ablaze. At such a time, the timeless grandeur of the Law and its ethics stand at our mercy.– Timothy J. Winter (Abdal Hakim Murad)

Every gun that is made, every warship launched, every rocket fired, signifies in the final sense a theft from those who hunger and are not fed, those who are cold and are not clothed. – Dwight D. Eisenhower

Let us always meet each other with a smile, for the smile is the beginning of love. – Mother Theresa

Life is a series of natural and spontaneous changes. Do not resist them - that only creates sorrow. Let reality be reality. Let things flow naturally forward in whatever way they like. – Lao Tzu

Progress is impossible without change, and those who cannot change their minds cannot change anything. – George Bernard Shaw

In the End, we will remember not the words of our enemies, but the silence of our friends. – Martin Luther King Jr. (d. 1968)

You can avoid reality, but you cannot avoid the consequences of avoiding reality. – Ayn Rand, Russian novelist (d. 1982)

The true measure of a man is how he treats someone who can do him absolutely no good. – Samuel Johnson, English writer (d. 1784)

A people that values its privileges above its principles soon loses both. – Dwight D. Eisenhower (d. 1969)

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For every sin but the killing of Time there is forgiveness. – Essential Sufism

Enlightenment must come little by little, otherwise it would overwhelm. – Idries Shah

To let go of attachments and belongings doesn’t mean you should own nothing. It means nothing should own you. – Ali ibn Abi Talib (RA)

Hearts are vessels of God on earth. And the most beloved heart to Him is the one most clean, pure and pristine. – Imam Ahmad ibn Hanbal

Knowledge is not what is memorised. Knowledge is what benefits. – Imam Shafi’i

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Lead such a life that, when you die, the people may mourn you, and while you are alive they long for your company. – Ali ibn Abi Talib (RA)

Yesterday I was clever, so I wanted to change the world. Today I am wise, so I am changing myself. – Jalaluddin Rumi

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To get what you love, you must first be patient with what you hate. – Imam al-Ghazali

To be humble is to accept the truth and submit to it even when you heard it from the tongue of a child, an educated one, or an ignorant person. – Fudhayl ibn Iyadh

Some people have passed away but their characters keep them alive. Others are alive but their character have killed them. – Imam Shafi’i

And still, after all this time, the sun never says to the earth, "Earth! You owe me". Look at the love like that. It illuminates the whole sky. – Hafez

As the very survival of the world itself is perhaps at stake, we Muslims and Christians should let the unpleasantness between us become a thing of the past. - The Grand Imam of al-Azhar, Dr Ahmad al-Tayyeb's speech in Abu Dhabi

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The Ameer of the town appealed for funds to build a wall around the graveyard. Mulla Nasruddin, who was also present, got up and responded: "There is absolutely no need for any wall around the graveyard!"

A Mullah's friend asked the mulla how old are you? Forty replied the mullah. The friend said but you said the same thing two years ago! Yes, replied the mullah, I always stand by my word.

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Three people were praying salat in congregation. A man walks by and without knowing they are in salat says, "Assalamu Alaykum". One man in salat says "Waalaykum Assalam". The second person angrily says, "Astaghfirullah, you are not supposed to talk in salat." The third person praying says "Alhamdulillah, I didn't talk."

Here is the story of an Imam who got up after Friday prayers and announced to the people: "I have good news and bad news. The good news is, we have enough money to pay for our new building programme. The bad news is, it's still out there in your pockets".

During a Q&A session, a scholar was asked, "Will we get cigarettes in Jannah?" to which he replied, "Maybe, but you'd have to go to Jahannam to light it".

A man who was an adherent of the Magian religion died and left behind a huge debt. Some of his creditors said to his son, "Sell the house and pay off your father's debt." The son said, "If I sell the house and pay off his debt, will he enter paradise?" They said, "No". He said, "Then leave him wherever he is and leave me in the house."

Hasan bin Sahl asked Dinar bin 'Abdullah,: "What is your religion?" He said, "I never thought that anyone alive would have to answer this question, for it is the question the angels of death, Nakir and Munkar, ask the dead."

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