ISLAMIC LEGAL

MAXIMS

The benefit of this classification is to

resolve any conflict between these
different categories of interest
- The rules of conflict and priority:
1- The stronger interest shall prevail:
Although all the necessities should be
observed, promoted and protected, in
case of conflict they should be taken
according to the following order:
- Daruriyyat have priority over the
hajiyyat, which in turn have priority over
the tahsiniyyat

 Din has precedence over life (jihad).

Religion # intellect = freedom of thinking.

Religion # property = spending / haram

wealth

Life has precedence over nasl (abortion).

Life has precedence over aql (drugs for

medical purposes).

Aql

has

precedence

(education) ...etc.

over

wealth

THE DEFINITION
Literally :
Al-qawaid= principles
Al-fiqh
= islamic law
Technically :
general principles of Fiqh which are presented in a
simple format consisting of the general rules of
Shariah in a particular field related to it (Mustafa
Ahmad al-Zarqa)
the general rules of Fiqh, which can be applied in
various issues.
used as principles to deduce many rules of Fiqh.
Therefore they have a great role in the formation of
islamic law.

Legal Maxim that govern the

rules of conflict and priority
1. Committing the lesser of two harms

()

.In case there are two harm, the lesser harm can be committed in
order to prevent the greater harm from occurring. In other word, it
is choosing the lesser between two harm things.
Example:
I.
When the prophet told the companions to leave Mecca and go
to Abyssinia which was governed by a Christian King who did
not judge by what Allah revealed. The prophet took the lesser
of the two evils because in Mecca they were being tortured and
harmed in Abyssinia they will live in peace but not under Allah
rule. So he (s) chose the lesser of two great evils.

2. Necessity dictates
overrules prohibition

exception

necessity

( )

This means that prohibited things is allowed to be carried out

under extreme circumstances provided there are no other
alternatives for such situations.
Example:
I. A person is allowed to consume prohibited food in order to
survive under extreme situation provided no other food is
available.
II. validate dumping of the cargo of an overloaded ship to prevent
the danger or dharar to the life of its passengers.

BUT..

3. That which became permissible by necessity is

estimated by the extent thereof

()
Dharar is measured in accordance with its true proportion.
Dharar is an exceptional circumstance, therefore should be
given a restricted interpretation.
What is deemed necessary in the case of dharar should be
allowed to extent required for resolving harm only.
Example : if the court orders the sale of assets of negligent
debtor to pay his creditors, it must begin with the sale of his
moveable goods. ( if this is sufficient to clear debt, before
selling his immovable or real property)

4. Avoiding harm is prior to acquiring benefit

()
The repelling of evil is preferred to the acquisition of
benefits
If there a conflict between warding off an evil and securing
benefit, the former is given preference over the latter.
Example:
I. The consummation of liquor/arak
There are both pros (lower the rate of cardiovascular
disease-benefit only in consuming small amount) and
cons of arak ( cause accident-inconcious state, cause
cancer
II. Permissible to lie when the advantage is certain
Lying in the process of reconciliation two enemies

THE END..