CTU695

Halal Standard, Food Law & Sanitation

CHAPTER 8:
Application of Qawaid Fiqh
ISLAMIC LEGAL MAXIMS
SITI FATAHIYAH MAHAMOOD
Universiti Teknologi MARA
Shah Alam
 BASIC INFORMATION ON
ISLAMIC LEGAL MAXIMS:

1. INTRODUCTION

2. SOURCES

3. FIVE MAJOR ISLAMIC LEGAL MAXIMS

 1. INTRODUCTION TO
ISLAMIC LEGAL MAXIMS
DEFINITION OF ISLAMIC LEGAL MAXIMS

The general rules of Fiqh, which can be applied in

various issues.

Few words but provides comprehensive meaning.

Used as principles to deduce many rules of Fiqh.

Therefore they have a great role in the formation of
Islamic Law.

They are general rules which were derived from various

sources of Islamic Law
DEFINITION OF ISLAMIC LEGAL MAXIMS

DIFFERENCES BETWEEN SYARIAH AND FIQH

 2. SOURCES OF
ISLAMIC LEGAL MAXIMS
DEFINITION OF ISLAMIC LEGAL MAXIMS

SOURCES OF ISLAMIC LEGAL MAXIMS

 3. FIVE MAJOR
ISLAMIC LEGAL MAXIMS
 FIVE MAJOR ISLAMIC LEGAL MAXIMS

1. Matters shall be judged by their objectives (al-Umur

Bi Maqasidiha) Semua perkara berdasarkan niat

2. Certainty shall not be removed by doubt (al-Yaqin La

Yuzal Bi Al-Syak) Keyakinan tidak dihilangkan dengan
keraguan

3. Hardship shall bring alleviation/Hardship begets

facility (al- Masyaqqah tajlibu Al-Taisir) Kesukaran
mendatangkan kemudahan

4. Harm shall be removed (al-Darar Yuzal) Kemudaratan

mesti dihapuskan

5. Cultural usage shall have the weight of law (al-'

Adah muhakkamah) Adat kebiasaan dijadikan
hakim/sebagai hukum
 FIVE MAJOR ISLAMIC LEGAL MAXIMS

1. Matters shall be judged by their objectives (al-Umur

Bi Maqasidiha) Semua perkara berdasarkan niat

An act of any human being is judged in the light of the

intention or the purpose it seeks to have effect.

Intention:
a. The will directed towards an action
b. The directing of the will towards the action of any human
being

DALIL
Narrated by ‘Umar r.a., the Prophet s.a.w. said: "Deeds
are judged by intentions and every person is judged
according to his intentions. (Sahih Bukhari)
 FIVE MAJOR ISLAMIC LEGAL MAXIMS
1. Matters shall be judged by their objectives (al-Umur Bi
Maqasidiha) Semua perkara berdasarkan niat..
APPLICATION:
If a person finds something on the street or anywhere else and took the
object with the intention of returning it to the owner, his conduct is in order
and he is considered as the keeper (amin) of the item.

But if he intends to keep the item as his own, he is considered to be a person

wrongfully appropriating property (ghasib).

The physical act is identical in both cases but the judgment therein differs
according to the intention.

So Rulings/hukm: Intention & Legally follow Syariah.

>> Robin Hood >> (means justify the ends) ??? Matlamat menghalalkan cara??
Kaedah ‘Matlamat Menghalalkan Cara’ (The Ends Justifies The Means) kerap dikaitkan
dengan cetusan oleh Machiavelli di dalam ‘The Prince’, karyanya mengenai
pentadbiran negara, bahawa kesesuaian sepatutnya menjadi asas apa sahaja
tindakan, walaupun ia salah dan berdosa.
FIVE MAJOR ISLAMIC LEGAL MAXIMS

2. Certainty shall not be removed by doubt (al-Yaqin La

Yuzal Bi Al-Syak) Keyakinan tidak dihilangkan dengan
keraguan

Principles to be followed if there arise any doubt in any

matters pertaining to Islamic Law.

A fact established by law or proven with evidence will

remain so, until there is another certainty that remove
it.

Any doubt that occur when the certainty prevail will

have no power to remove the certainty

Continue..
 FIVE MAJOR ISLAMIC LEGAL MAXIMS

2. Certainty shall not be removed by doubt (al-Yaqin La

Yuzal Bi Al-Syak) Keyakinan tidak dihilangkan dengan
keraguan ..

If something has not been established with certainty it

will remain so until proven otherwise.

Doubt, which comes later, is weaker than certainty on

which it was founded.

Therefore, doubt cannot contradict or resist certainty.

DALIL:

Allah Said: But most of them follow nothing but fancy: truly
fancy can be of no avail against truth. Verily Allah is well aware
of all that they do. (Surah Yunus, 10:36).
 FIVE MAJOR ISLAMIC LEGAL MAXIMS

2. Certainty shall not be removed by doubt (al-Yaqin La

Yuzal Bi Al-Syak) Keyakinan tidak dihilangkan dengan
keraguan ..

APPLICATION 1:

If the forgetfulness arises to anyone of you in his salah

and he does not know whether he has prayed one
rak`ah or two,he should consider them one rak`ah.
Likewise, if this person is not certain whether he has
prayed two rak`ahs or three, he should consider them
two rak`ahs.

In all these cases the person should prostrate twice

before he will finish his her prayer by saying the
greeting (salam)
 FIVE MAJOR ISLAMIC LEGAL MAXIMS

2. Certainty shall not be removed by doubt (al-Yaqin La

Yuzal Bi Al-Syak) Keyakinan tidak dihilangkan dengan
keraguan

APPLICATION 2:

If a person is certain that he is in the state of ablution,

he is considered to have ablution until there is
evidence or indication showing otherwise.

APPLICATION 3:

If person have taken loan from another person and is

in doubt whether he still indebt, he is considered to be
in debt until there is proof to show otherwise.
 FIVE MAJOR ISLAMIC LEGAL MAXIMS

2. Certainty shall not be removed by doubt (al-Yaqin La

Yuzal Bi Al-Syak) Keyakinan tidak dihilangkan dengan
keraguan..

Originally A Matter Will Remain As It Is This maxims reiterate

the meaning of the earlier maxims in which it says a matter
will remain in its position until there are proof that indicated
otherwise.

There is no consideration for doubt

Imagination cannot be taken into consideration

The speculation whose error is obvious cannot be taken into

consideration
 FIVE MAJOR ISLAMIC LEGAL MAXIMS

3. Hardship shall bring alleviation/Hardship begets

facility (al- Masyaqqah tajlibu Al-Taisir) Kesukaran
mendatangkan kemudahan

Any rulings whose implementation causes hardship to a person

OR the action is unable to be performed for a specific
acceptable reason then, there are alternatives and way out
that can be resorted to in order to overcome the difficulties
and hardship.

Hardship in this maxim refer to those kind of hardships that

surpass the normal limit and ability of a person to perform
them.
 FIVE MAJOR ISLAMIC LEGAL MAXIMS

3. Hardship shall bring alleviation/Hardship begets

facility (al- Masyaqqah tajlibu Al-Taisir) Kesukaran
mendatangkan kemudahan..

DALIL:

Allah wants ease for you and He does not want hardship for
you . (Surah Al-Baqarah, 2:185)

Allah does not give anyone legal responsibility for anything

except what is within his capacity" . (Surah Al-Baqarah, 2:286)

Aishah RA said: "Whenever the Messenger of Allah (PBUH)

was given choice between two things he chose the easier one
unless it was a sin”.
 FIVE MAJOR ISLAMIC LEGAL MAXIMS

3. Hardship shall bring alleviation/Hardship begets

facility (al- Masyaqqah tajlibu Al-Taisir) Kesukaran
mendatangkan kemudahan..

APPLICATION:

PRAYER: JAMAK QASAR

FASTING: RUKHSAH FOR FASTING

Anyone who may be putting their health at serious risk by
fasting during Ramadan / or have a certain health or mental
health condition
The elderly or frail
Those who are travelling long distances
Pregnant woman or breastfeeding
 FIVE MAJOR ISLAMIC LEGAL MAXIMS

4. Harm shall be removed (al-Darar Yuzal) Kemudaratan mesti

dihapuskan

A general maxim which indicates the importance to remove all

kind of harm.

This maxim is divided into two parts:

i. [La Darar] Harm shall not be inflicted
ii. [La Dirar] Harm shall not be reciprocate

Harm shall not be inflicted indicates that all kinds of harm whether
it involves individual, society, environment or any other things
shall be avoided.

The word harm in this maxim is general and it includes all kinds of
harm. All necessary measures should be taken in order to prevent
any kind of harm from happening.
 FIVE MAJOR ISLAMIC LEGAL MAXIMS

4. Harm shall be removed (al-Darar Yuzal) Kemudaratan

mesti dihapuskan ..

DALIL:

The Prophet (pbuh) said:

“Harm Shall Not Be Inflicted Nor Reciprocated”

The obligation to avoid any kind of harmful actions

were indicated by many verses of the Qur’an and other
Hadith. One of the verses read: “…make not your own
hands contribute to (your) destruction…" (Surah Al-
Baqarah, 2:195)
 FIVE MAJOR ISLAMIC LEGAL MAXIMS

4. Harm shall be removed (al-Darar Yuzal) Kemudaratan

mesti dihapuskan ..

Harm must be prevented wherever possible All

necessary measure must be taken to prevent any harm
from happening.

Greater harm must be prevented even at the expense of

the lesser harm.

In case there is two evil, the lesser evil can be

committed in order to prevent the greater evil from
occurring. In other word, it is choosing the lesser of
two evil or between two harm things .
 FIVE MAJOR ISLAMIC LEGAL MAXIMS
4. Harm shall be removed (al-Darar Yuzal) Kemudaratan mesti
dihapuskan ..

Necessity renders prohibited things permissible. [al-Darurat tubih

al-mahzuraat]

This means that prohibited things is allowed to be carried out

under extreme circumstances provided there are no other
alternative for such situations.

APPLICATION:

A person is allowed to consume prohibited food in order to

survive under extreme situation provided no other food is
available.

Abortion when endanger the mother.

Medication & Treatment.

FIVE MAJOR ISLAMIC LEGAL MAXIMS

5. Cultural usage shall have the weight of law (al-' Adah

muhakkamah) Adat kebiasaan dijadikan hakim/sebagai
hukum

Custom in the practices of the people whether in their doings or in their

sayings, regardless of whether it is the general practices of the people or the
practices of certain groups of people.

‘Abd Allah b. Mas’ud: "What the Muslims deem to be good is good in the
sight of Allah“

Custom, if not against Islamic teachings, is normally considered as good

practice to the Muslims and acceptable by people and reason. Therefore,
such a practice is accepted by Allah. So, it can be regarded as a source of
law in Islam.

Earlier and more recent scholars of Islamic law have agreed that custom is
an important source in Islamic law. They have not objected to the role of
custom in solving the problems that arise in Islamic law.
FIVE MAJOR ISLAMIC LEGAL MAXIMS

5. Cultural usage shall have the weight of law (al-' Adah

muhakkamah) Adat kebiasaan dijadikan hakim/sebagai
hukum ..

A matter recognized by custom is regarded as though it were a contractual

obligation.

A matter recognized by merchants is regarded as being a contractual

obligations between them.

A matter established by custom is like a matter established by law.

Effect is only given to custom where it is of regular occurrence or when

universally prevalent.

DALIL:
Allah said: “Hold to forgiveness; command what is right; But turn
away from the ignorant”. (Surah Al-Aaraf, 9:199)
FIVE MAJOR ISLAMIC LEGAL MAXIMS

5. Cultural usage shall have the weight of law (al-' Adah

muhakkamah) Adat kebiasaan dijadikan hakim/sebagai
hukum ..

APPLICATION 1:

The custom that involves transactions is the sale of offering

and accepting, or bay’ almut’atah , which is normally
concluded without the utterance of offer and acceptance.

APPLICATION 2:

The practice of people in certain places to divide the dowry in

marriage contract into two type. The first is the dowry paid
when the contract is concluded and second is the dowry paid
at a later period of time.
 THANK YOU

SITI FATAHIYAH MAHAMOOD

012-3917175

Siti Fatahiyah

Siti Fatahiyah SFM

sitif006@uitm.edu.my

sfmuitm@yahoo.com