ACADEMICS OF CONTEMPORARY ISLAMIC STUDIES (ACIS)

INTRODUCTION TO QAWAID FIQHIYYAH

(IMU200)

TITLE OF PAPER WORK

BRANCHES OF THE MAXIM OF PRINCIPLE OF INTENTION

PREPARED BY
NAME STUDENTS ID
MUHAMMAD ZAMIR HAZIQ BIN 2020481448
SULAIMAN
MUHAMMAD IQMAL BIN 2020835306
ZAINI

GROUP
IMU200 IC1204D

PREPARED FOR
DR. MOHAMAD ZAID BIN MOHD ZIN

SUBMISSION DATE
27th MAY 2022
 TABLE OF CONTENTS
INTRODUCTION........................................................................................................1
RELATED MAXIM IN IBADAH ..........................................................................2-4
APPLICATION.........................................................................................................5-6
RELATED MAXIM IN CONTRACT ...................................................................7-8
RELATED MAXIM IN OBJECTIVE AND MEANS .............................................9
CONCLUSION ..........................................................................................................10
 INTRODUCTION

Legal maxims, or al-qawid al-fiqhyah, are broad norms of fiqh that can be applied
in a variety of situations that fall within the common judgments. "A general rule that
applies to all of its connected particulars" is how a maxim is defined. These legal
maxims are crucial in the creation of Islamic law since they are utilised as a basis for
deducing various fiqh rulings. These maxims can be used to solve a variety of
problems, including determining the legality of particular acts.

There are legal maxims (al-qawaid al-fiqhiyah) that exist amongst the various
schools, and the distinctions between the madhahib are minor. Alqawaid al-fiqhiyah
are likewise closely related to the Shariah's aims (maqasid al-Shariah) and give keen
insights into them, to the point that they have been subsumed under the maqasid. In
many respects, legal maxims reflect the pinnacle of cumulative progress that could
not have been anticipated during the early phases of fiqh evolution. The word ‘al-
qawāʿid’ is the plural of al-qāʿidah, which means principles, and fiqh means Islamic
law. Therefore, generally al-qawāʿid al-fiqhīyah mean the principles of Islamic law

Last but not least, There are five leading maxims such as “matters are determined
according to intentions” , “certainty is not overruled by doubt” , “hardship begets
facility” , “harm must be eliminated” and “custom is a basis for judgment”.

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 RELATED MAXIM IN IBADAH

First, the purpose of the intention, Basically, the purpose and function of that
intention is to distinguish between the act of worship from the customary deed and for
the determination (at-ta‟yin) of the specificity or specificity between bathing and
berwhudu‟ for prayer with bathing and washing the limbs for ordinary hygiene. With
intention, it will be different to endure hunger because of fasting by enduring hunger
to avoid disease or to diet. Then, giving a portion of the property to the poor with the
intention of zakat, would be different from giving it to them without intention, this act
as a social contribution. Slaughtering animals for side dishes and for sacrifices can be
distinguished only by intention. Berwhudu‟ pray, fasting is obligatory and some are
sunnat. To determine it specifically only by intention. Bertayamum whose way of
execution is the same, but can only be distinguished by the intention to determine the
purpose of eliminating small hadas or large hadats.

Second, the issue of fiqh that can be referred to the above rules is Islamic law in
the field of worship and the field of muamalah in a broad sense. In the field of
worship, for example, sanctifying, ablution‟, bathing (both compulsory and sunnat),
tayammum, prayer (compulsory or sunnat rawatib, qashar, ber-ja‟maah or munfarid,
zakat, shadaqah tathawu‟, fasting, hajj, umrah, thawaf, i‟tikaf and others). Likewise,
the field of mu‟amalah in the broad sense is munakahat, al-"uqud (transaction),
jinayat, qadha‟, (judiciary) and all kinds of practices of taqarrub ila Allah (drawing
closer to Allah). All of that can be reverted to the above rules.

Third, all the charitable deeds of man, which is judged to be the intention of the
one who does it, and the charity of the deed must be the one that falls into the
category of permissible deeds. Illegitimate acts, even with good intentions, still cannot
be done, except for things that at a certain moment are indeed justified by law. For
example, basically lying is forbidden, except lying in battle (which is known as
strategy) so that it cannot be defeated by the enemy, and lying to avoid quarrels, for
example for the integrity of the household. Thus gambling with the intention to be
distributed to the poor is clearly unjustified. The guardian's permission for her child to
marry a non-muslim male with the intention to withdraw him to Convert to Islam,

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remains unjustified. With good intentions, doing deeds is basically a disaster, it must
be considered the effect.

‫ثواب إالَّ بالِنيِّاَِّة‬

َ َ‫( ال‬There is no reward except with intent).
That is to say, as long as the deed is not considered bad, if it is not with intention, then
the charity will not gain merit. Therefore, the intention in the act of ablution, the
Shafi'iyyah and Malikiyyah scholars considered the intention fardhu, the Hanabilah
cleric considered it a valid condition of ablution. Hanafiyyah clerics designated as
sunnat muakkad.

ِ َ‫التعا لرض الَه ج مالَةف والت ف‬

‫صا يالف إ َذا َعينَّاَه‬ ََّ ‫شاترط‬
َ َ َ ‫االي‬
َ ‫ضاا َّر َم‬
َ
‫يضا َ الَ م ي‬
َ ‫َوأ‬
(A charity that is not required to be explained,whether globally or in detail, if it is
ascertained and found to be false, then the error does not harm).

Therefore, A person prays zhuhur by stating his intention to pray at the mosque of al-
Karamah Martapura, even though he prays in the mosque of Shiarus Shalihin, the
prayer of that person is not void. Because the intention of his prayer has been fulfilled
and true whereas what is wrong is the statement of his place. The fallacy about the
place of prayer has nothing to do with the intention of the prayer either in outline or in
detail.

ِ ‫ضا ف يِ ِاه م‬ ِ ِ
‫بضا ل‬ َ َ‫شاترط ف يِاه الت َّعيا ي ن فاَ خل‬
َ ‫َماا ي‬
(A charity for which the explanation is intended, then the error is to undo the deed).

Therefore, in zhuhur prayers intend with ashar prayers, or in Eid prayers fithri intend
with Eid al-Adhha, in fasting arafah intend with ashura fasting. Then the deed became
void.

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ِ‫ِ مقاَ ِصا د الل فَّاِ عالَى نيِاَِّة الالفَّا‬
َ َ
(The meaning of a lafazh (utterance) is according to the intention of the person
who pronounces it).

For example, if a person in the middle of prayer issues utterances that are verses of
the Qur'an, and there is no other purpose except to read the Qur'an, then such is
permissible. But if the intention is to tell someone like a saying to give admission to
the person who is visiting him, then the prayer is void.

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 APPLICATION

Thus, the Islamic rules on human actions/deed will be decided in accordance with
his intention, and so the ruling (al-hukm) will also be judged in accordance with his
intention.

The Prophet is reported to have said:

“Deeds are judged by intentions and every person is judged according to
his intentions.”
(Sahih al-Bukhari)

For example, if someone finds something (valuable) on the road, and he picks it
up in order to return it to the owner, he is considered as amin (a trustee), hence no
liability/ compensation can be charged on him if that thing is damaged/destroyed
without any wrongdoing from him on that matter. However, if he has the intention to
keep it for himself, he is considered as ghasib, wrongfully appropriating it, hence, he
is liable to pay compensation, if it is destroyed even without his transgression on that
property. Therefore, both acts are identical, but the ruling is different because of the
intention.

The same ruling with the act of marriage. For instance, If he married someone in
order to establish new family, following the sunnah(the way) of the Prophet (SAW),
he will be blessed and rewarded. On the contrary, if he married in order to punish or
torture her, or for some other bad intenions, he will be liable for sin and punishment.
But intention alone with no action followed, there will be no ruling, example,
someone intends to divorce his wife, or to sell, to make a gift (hibah) his house.
Intention also makes one deed differ from ‘adat (custom) and ibadat, example, to eat,
sleep, rest in the mosque etc.

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 Furthermore, if a person buys wine with the intention of eating or selling then the
law may. However, if he buys with the intention of making khamr, or sells to people
who will make it as khamr, then the law is illegitimate. Finally, if aperson saves in a
Conventional Bank with the aim /intention to secure his money because there is no
Islamic bank in his area, then he is allowed because of dharurat. However, if he keeps
money in a conventional Bank with the intention of obtaining interest from that bank,
then the law is illegitimate.

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 RELATED MAXIM IN CONTRACT

Contract is a broad term that refers to a wide range of human activities and
transactions. It is mostly determined by the intent and manner of the contracting
parties. As a result, "the contract is the contracting parties' legislation." On the other
hand, the text on the subject is limited but the scope of ijtihad is vast. For instance,
God says:

۟‫َۚ وَأ َح َّل ٱهَّلل ُ ٱلْ َب ْي َع َو َح َّر َم ٱ ّ ِلرب َ ٰوا‬

But Allah has permitted trade and forbidden riba (usury).
(Al-Baqarah 2:275)

When reading the contract, if the literal phrasing of a term (an expression) differs
from its meaning, the meaning should be taken into account rather than the literal
wording. For example, the gift deed with compensation is for sale. I'm going to use
two parties as an example, Ali presents Abu with an RM 500.00 horse as a gift, which
he accepts. Despite the usage of the term gift, the contract is a sale, not a gift. Another
example for word lending with remuneration is rent. For example Ali lends Abu his
kancil for RM 50.00 in order for him to go to J.B., and Abu accepts it, despite the fact
that the contract is for rental, not lending. For, even though Ali used the word lending,
it does not imply payment. This is only true if the contract does not include a third-
party right. If this is the case, we must interpret the apparent meaning. This is done to
defend other people's rights or to prevent damage to others. Hence, if there is no
means to know the intention, we should rely on appearance.

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 ‫العربة يف العقود للمقاصد واملعاين ال لألفاظ واملباين‬
“In contracts, effect is given to attention and meaning, and not words and forms”

Any impact provided to a specific transaction must be consistent with the underlying
aim of such contracts. The greatest care should be given to the desired goals, and the
execution should be based on the contract's meanings and contents. When there are
disparities between expression and meaning, the meaning is taken into account rather
than the precise phrasing.

The basic rule of Shariah is that contracts must be understood and applied based
on the words used, because the words and form usually reflect the contracting parties'
intent. When there are strong indicators of a conflict between the words and the intent,
however, the intent takes precedence because it determines the legal status and
consequence.

The maxim plainly explains that the legal standing of a transaction is determined
by the transaction's underlying object and goal. When there is a disagreement between
the literal phrasing of a statement and its meaning, the meaning should take
precedence over the literal wording, such that when establishing the legitimacy of a
transaction, the economic content should take precedence over the legal form.

This maxim expresses this norm in contract interpretation. It is a subset of

"matters are decided according to intents." For example, if a modern style of finance
entails structuring legal transactions around an illegal goal, the aim does not justify
the means, and the end might be considered illegal by preventing the lawful means
from leading to an evil consequence.

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 RELATED MAXIM IN OBJECTIVE AND MEANS

‫الغاية ال تربر الوسيلة‬

“The ends does not justify the mean”

Things that are forbidden in Islam cannot be tolerated, even though they are done
with good intentions. The methods are an element of the goal. It is difficult to get a
good result by taking the wrong path, and it is impossible to attain justice by being
cruel. For example, giving somebody a stolen present,  or doing charity with money
laundering.

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 CONCLUSION

In conclusion, Ilm al-Qawaid al-Fiqhiyyah is one of the fundamental Islamic sciences.

It is concerned with the application of legal maxims and fundamental juristic
principles on the juz'iyyah (particulars). Al-qawaid al-fiqhiyyah, or broad legal rules,
have been drawn from Shariah sources, whether primary sources, such as the Quran,
Sunnah, ijma, and qiyas, or secondary sources, such as istislah, istishab, and other
ijtihad methodologies. All of the legal maxims have served as a solid foundation for
Islamic decisions. The history of legal maxims clearly demonstrates that they have
been consistently utilised, not only in ibdah and family law, but also in financial
regulations.

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 REFERENCES

Saiti, Buerhan, and Adam Abdullah. “The Legal Maxims of Islamic Law (Excluding

Five Leading Legal Maxims) and Their Applications in Islamic Finance ( ).”

Journal of King Abdulaziz University-Islamic Economics, vol. 29, no. 2, 2016,

10.4197/islec.29-2.12.

Zakariyah, Luqman. 3 Legal Maxim of Intention and Action: “Matters Shall B Judged

by Their Objectives” (Al-Umūr Bi-Maqāṣidihā). Brill.com, Brill Nijhoff, 1

Jan. 2015, brill.com/view/book/9789004304871/B9789004304871_004.xml.

Prof. Dr Ghazali Jaapar. “Islamic Legal Maxims”, Certificate in Islamic Law,

https://islamicbankers.files.wordpress.com/2015/09/ilm-lect-1-2.pdf . Law

centre, Ahmad Ibrahim Kulliyah.

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