The 99 Sharia' Maxims

.... Muslim Jurists have grouped questions of jurisprudence under certain general rules each one of which
embraces a large number of questions. These general rules are taken in the treatises on jurisprudence, as
justification to prove these question. (These preliminary study of these rules facilitates the comprehension
of the questions and serves to fix them on the mind.) Consequently the ninety-nine (99) rules of
jurisprudence have been collected together ... Although a few of them, taken alone, admit of certain
exceptions, their general application is in no way invalidated thereby, since they are closely interrelated.

The original Arabic is basically quoted from the original Arabic text by Mahmasani.
The English translation is from the translation by Farhat J. Ziadeh.

Concerning Article 15, the Arabic is from al-Nadwi's quoted book, and the translation is
from C.R. Tyser, B.A.L., et.al., The Mejelle: Being an English Translation of Majallahel-
Ahkam-I-Adliya and a Complete Code on Islamic Civil Law, (Lahore: Law Publishing
Company). In addition, Ziadeh's translation is preferable, from the viewpoint of the paper,
to this.

Article 1: "Matters are determined

according to intention"

Article 2: "In contracts effect is given to

intention and meaning and not words and
forms"

Article 3: "Certainty is not dispelled, (does

not dispel caused), by doubt."

Article 4: "It is a fundamental principle

that a thing shall remain as it was
originally."

Article 5: "Things which have been

existence from time immemorial shall be
left as they were."

Article 6: "Injury cannot exist from the

time immemorial."
Article 7: "Freedom from liability is a
fundamental principle."

Article 8: "Non-existence is a fundamental

presumption attached to intervening
(transitory) attributes."

Article 9: "Judgment shall be given in

respect to any matter, which has been
proof at any particular time, unless the
contrary is proved"

Article 10: "It is a fundamental principle

that any new event shall be regarded as
happening at the time nearest to the
present."

Article 11: "In principles, word shall be

construed according their real meaning."

Article 12: ""No attention shall be paid to

inferences (implication) in the face of an
explicit statement."

Article 13: "Where there is a text there is

no room for interpretation."

Article 14: "A thing established contrary

to the Qiyas can not be used as an analogy
for other things."

Article 15: "One legal interpretation does

not destroy another."

Article 16: "Hardship begets facility".

Article 17: "Latitude should be afforded in

the case of difficulty."

Article 18: "Injury may not be met by

injury."

Article 19: "Injury is to be repaired."

Article 20: "Necessity renders prohibited
things permissible."

Article 21: "Necessity is determined by

the extent thereof."

Article 22: "Whatever is permissible owing

to some excuse ceases to be permissible
with the disappearance of that excuse."

Article 23: "When a prohibition is removed

the thing to which such prohibition attaches
reverts to its former status of legality."

Article 24: "An injury cannot be removed

by a similar injury."

Article 25: "A private injury is tolerated in

order to ward off a public injury."

Article 26: "Severe injury is removed by

lesser injury."

Article 27: "In the presence of two evils,

the one whose injury is greater is avoided
by the commission of the lesser."

Article 28: "The lesser of evils is

preferred."

Article 29: "Repelling an evil is preferable

to securing benefit."

Article 30: "Injury is removed as far as

possible."

Article 31: "Need, whether a of a public or

private nature, is treated as necessity."

Article 32: "Necessity does not invalidate

the right of another."

Article 33: "When it is forbidden to take a

thing it is also forbidden to give it."
Article 34: "When it is forbidden to
perform an act it is also forbidden to
request to its performance."

Article 35: "Custom is authoritative."

Article 36: "Public usage is conclusive and

action must be taken accordance
therewith."

Article 37: "A thing that is customary to

regard as impossible is considered to be
impossible in fact."

Article 38: "It is undeniable that rules of

law vary with change in time."

Article 39: "The original (real) meaning is

to be regarded in favor of that established
by custom."

Article 40: "Effect is only given to custom

where it is of regular occurrence or when
universally prevailing."

Article 41: "Effect is given to what is of

common occurrence, not to what happens
infrequently."

Article 42: "A matter recognized by

custom is regarded as if stipulated by
agreement."

Article 43: "A matter recognised

customary amongst merchant is regarded
as if agreed upon between them."

Article 44: "A matter established by

custom is like a matter established by a
legal text."

Article 45: "When prohibition and

exigency conflict, preference is given to
prohibition."

Article 46: "An accessory which is

attached to an object in fact is also
attached to it in law."

Article 47: "An accessory to an object

cannot be dealt with separately"

Article 48: "The owner of a thing held in

the absolute ownership is also the owner of
the things indispensable to the enjoyment
of such thing."

Article 49: "If the principle fails, the

accessory also fails."

Article 50: "A thing which has been

discharged or annihilated cannot be
restored."

Article 51: "When a thing becomes void,

the thing contained in it also becomes
void."

Article 52: "When the original fails it is

restored to its substitute."

Article 53: "A thing which is not

permissible in itself, may be permissible as
an accessory."

Article 54: "A thing which is not

permissible by way of commencement may
be permissible by way of continuance."

Article 55: "Continuance is easier than

commencement."

Article 56: "A gift becomes complete by

delivery."

Article 57: "Management of citizen's

affairs is dependent upon public welfare."

Article 58: "Private trusteeship is more

effective than public trusteeship."

Article 59: "A word should be construed

as have some meaning, rather than
disregarded."
Article 60: "When the real meaning cannot
be applied, the metaphorical sense may be
used."

Article 61: "If no meaning can be attached

to a word it is regarded altogether."

Article 62: "A reference to a part of an

indivisible thing is regarded as a reference
to the whole."

Article 63: "The absolute is construed in

its absolute sense, provided that there is
no proof of a restricted meaning either in
the explicit text or by implication."

Article 64: "A description with reference to

a thing present is of no consequence, but
the contrary is the case if such thing is not
present."

Article 65: "A question is considered to

have been repeated in the answer."

Article 66: "No statement is imputed by to

a man who keeps silence, but silence is
tantamount to a statement where there is a
necessity for speech."

Article 67: "In obscure matters the proof

of a thing stands in the place of such a
thing."

Article 68: "Correspondence resembles

conversation."

Article 69: "The recognized signs of a

dumb person take the place of a statement
by word of mouth."

Article 70: "The word of an interpreter is

accepted in every respect."

Article 71: "No validity is attached to

conjecture which obviously tainted by
error."
Article 72: "No argument is admitted
against supposition based upon evidence."

Article 73: "No weight is attached to

fancy."

Article 74: "A thing established by proof is

equivalent to a thing established by visual
inspection."

Article 75: "The burden of proof is on him

who alleges; the oath on who denies."

Article 76: "The object of evidence is to

proof what is the contrary to the apparent
fact."

Article 77: "Evidence is an absolute proof

in that it affects third person; admission is
relative proof in that it affects only the
person making such admission."

Article 78: "A person is bound by his own

admission."

Article 79: "Contradiction and proof are

incompatible, but this does not invalidate a
judgment."

Article 80: "Failure to establish the

principal claim does not imply failure to
establish a claim subsidiary thereto."

Article 81: "Anything dependent upon a

condition precedent is established on the
happening of the condition."

Article 82: "A condition must be fulfilled

as far as possible."

Article 83: "Promises dependent upon a

condition precedent are irrevocable."

Article 84: "The enjoyment of a thing is

the compensating factor for any liability
attaching thereto."

Article 85: "Remuneration and liability do

not run together."

Article 86: "Liability is an obligation

accompanying gain.
(That is to say, a person who enjoys the
benefits of a thing must submit to the
disadvantage attaching thereto.)"

Article 87: "The burden is in proportion to

the benefit and the benefit to the burden."

Article 88: "The responsibility for an act

falls upon the author thereof; it does not
fall upon the person ordering such act,
provided that such person does not compel
the commission thereof."

Article 89: "In the presence of the direct

author of an act and the person who is the
cause thereof, the first alone is responsible
therefor."

Article 90: "Legal permission is

incompatible with liability."

Article 91: "Liability lies on the direct

author of an act, even though acting
unintentionally."

Article 92: "No liability lies on a person

who is the cause of an act unless he has
acted intentionally."

Article 93: "No liability attaches in

connection with injury caused by animals of
their own accord."

Article 94: "Any order given for dealing

with the property of others is void."

Article 95: "No person may deal with the

property of another without such person's
permission."
Article 96: "No person may take another
person's property without legal cause."

Article 97: "Any change in the cause of

the ownership of a thing is equivalent to a
change in that thing itself."

Article 98: "Any person, who hastens the

accomplishment of a thing before its due
time, is punished by being deprived
thereof."

Article 99: "If any person seeks to

disavow any act performed by himself,
such attempt is disregarded."