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Qawa’id al-Fiqh


Arabic shari’a legal maxims, i.e., for legal maxims/ precepts/ propositions/principles of Islamic jurisprudence (fiqh). The fundamental matters (usul) in Islamic shari’a law are typically classified into Islamic legal theory (usul al-fiqh) and legal maxims (qawa’id al-fiqh). The legal maxims provide an important source of Islamic law.

Though they were originally introduced by the Hanafi school of thought (mazhab), they command a general consensus of scholars as other schools of thought embraced them in their attempts to infer legal rulings (ahkam). The legal maxims were developed over time and utilized as an essential source of Islamic shari’a law. In essence, they reflect the spirit of Islamic law and can be associated with the overarching goals or maqasid al-shari’a. Originally, most of the qawa’id al-fiqh are based on recognized legal references in the primary sources of shari’a.

Examples of qawa’id al-fiqh include: “necessity overrides shari’a prohibition” (al-dharurat tubih al-mahzhurat), “no harm shall be inflicted or reciprocated” (la dharara wa la dhirar), etc. Majallat al-ahkam al –’adliyyah (al-majallah) cited 100 maxims of jurisprudence in its preamble.



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