Extra-legal devices or ruses/tricks that are used by late Muslim jurists to circumvent the rulings of shari’a (ahkam) in achieving economic ends that could not otherwise be readily realized through ordinary jurisprudential venues. In general, hiyal could be sought in reaching a desired end, whether through legal or illegal means. If used to uphold a legal right and permissible objective or to obstruct or remove an illegal (batil) effect, hiyal are considered “shar’iyyah” or acceptable by shari’a. Still further, shari’a considers hiyal as mandatory when implementing them becomes vital to eradicate or prevent grave damage to deen (faith), nafs (body), mal (wealth), zhurriah (offspring), etc. Some jurists prefer to refer to permissible hiyal as “makharij shar’iyyah”, i.e., permissible devices as distinguished from impermissible ones.
March 21, 2023
