QAWAID

FIQHIYYAH
ISLAMIC LEGAL MAXIMS

INTRODUCTION TO QAWAID FIQHIYYAH

MAHYUDDIN KHALID emkay@salam.uitm.edu.my

 CONTENT

QAWAID
INTRODUCTION TO QAWAID FIQHIYYAH
FIQHIYYYAH DEFINITION OF TERMS
DIFFERENCES DIFFERENCES BETWEEN THE TERMS
OF TERM
SHARIAH AND FIQH
RULING FIQH AND USUL FIQH
USUL FIQH AND QAWAID FIQHIYYAH
SOURCES IMPORTANCE OF LEARNING QAWAID FIQHIYYAH
SOURCES OF QAWAID FIQHIYYAH
MAQASID
SHARIAH AL-QURAN
DHARURIYAT
AL-SUNNAH
AL-KHAMS AL-IJMA
IJTIHAD
MAQASID AL-SYARIYYAH
2
 INTRODUCTION

QAWAID
Qawaid fiqhiyyah or Legal maxims are
FIQHIYYYAH general rules which can be applied in various
DIFFERENCES cases that come under common rulings.
OF TERM
Plays great role in the formation of Islamic
RULING law because they are uses as principles to
deduce rules of fiqh
SOURCES According to al-Qarafi. Islamic law can be
divided into two parts:
MAQASID
SHARIAH Fundamental matters (Usul)
Usul Fiqh
DHARURIYAT
AL-KHAMS Qawaid Fiqhiyyah
Branches (Furu)

3
 DEFINITION

QAWAID
Literal meaning :
FIQHIYYYAH Qawaid - plural of al-qaidah, means general
DIFFERENCES principles
OF TERM Fiqh means Islamic law
RULING Generally, Qawaid Fiqhiyyah means the
principles of fiqh (Islamic law) which can be
SOURCES applied in different fields of fiqh that come
under the common rulings
MAQASID
SHARIAH Most principles of QF consist of a few words
DHARURIYAT
but provide comprehensive meaning
AL-KHAMS

4
 DEFINITION

QAWAID
Technical meaning:
FIQHIYYYAH General rules which applied to all its particulars.
DIFFERENCES It based on the idea that , if detailed rules stem
OF TERM from similar causes, it follows the common
generally applicable principles or maxims.
RULING
Mustafa al-Zarqa:
General fiqh principles which are presented in a
SOURCES
simple format consisting of the general rules of
MAQASID syariah in a particular field related to it
SHARIAH

DHARURIYAT
AL-KHAMS

5
 CONCEPT AND SCOPE

QAWAID
Hashim Kamali:
FIQHIYYYAH Legal maxims are theoretical abstractions, often
DIFFERENCES in a few words that are expressive of the
OF TERM maqasid al-shariah.
Consists mainly of statements of principles
RULING
derived from the rules of fiqh on various
SOURCES
themes.
Represent the culmination of cumulative
MAQASID
SHARIAH
progress-not expected to take place at the
formative stages of fiqh development
DHARURIYAT
AL-KHAMS

6
 CONCEPT AND SCOPE

QAWAID
They were developed gradually-their history
FIQHIYYYAH is parallel with that of fiqh.
DIFFERENCES Designed primarily for the better
OF TERM
understanding of their subject matter rather
RULING than for enforcement.
Thus judge cannot base his judgment on a
SOURCES particular maxim unless it is derived from the
Quran or Sunnah or supported by evidence.
MAQASID
SHARIAH

DHARURIYAT
AL-KHAMS

7
 CONCEPT AND SCOPE

QAWAID
Legal maxims are indeed general rules of
FIQHIYYYAH fiqh, which can be applied in various cases
DIFFERENCES that come under the common rulings eg.
OF TERM transactions, munakahat, evidence etc
RULING
Have a great role in the formation of Islamic
law because they are used as guidelines in
SOURCES finding the rules of fiqh but cannot be
accepted as sources of shariah.
MAQASID
SHARIAH These maxims have solved most of the minor
DHARURIYAT
rules of fiqh and without them these minor
AL-KHAMS rules will have no standing ground which will
make it hard to solve them

8
 INTRODUCTION TO MAXIMS

QAWAID
Maxim
FIQHIYYYAH General rule which applies to all its particulars
DIFFERENCES Al-Shatibi
OF TERM
Eternal maxims Pillars ... Human interests
RULING
rests on them
Historical background From the time before
SOURCES Islam through Aristotle, Justinian, etc later
French and English
MAQASID
SHARIAH He who comes to equity must come with clean
hands
DHARURIYAT
AL-KHAMS

9
 CHARACTERISTICS OF LEGAL MAXIMS

QAWAID
Legal maxims (qawaid al-fiqhiyyah al-
FIQHIYYYAH kuliyyah) are theoretical abstractions
DIFFERENCES Usually in the form of short epithetical
OF TERM
statements
RULING An established principle
Expressive, often in a few words, of the goals
SOURCES and objectives of the shariah
MAQASID
Statements of principles that are derived from
SHARIAH
the detailed reading of the rules of fiqh on
DHARURIYAT various themes
AL-KHAMS
General in nature so that can be applicable to
many different areas and situations

10
 SOME CHARACTERISTICS

QAWAID
Actual wordings of the maxims are
FIQHIYYYAH occasionally taken from the quran or ahadith
DIFFERENCES - often the refined work of leading jurists and
OF TERM mujtahids
RULING
According to The Mejelle, legal maxims are:
Designed to facilitate a better understanding of
SOURCES the shariah
Judge may not base his judgment on them
MAQASID Unless the maxim in question is derived from the
SHARIAH
Quran or Hadith or supported by other evidence
DHARURIYAT
AL-KHAMS Maxims of fiqh to be significantly conducive
to ijtihad, may be utilized by mujtahid and
judge as persuasive evidence.
11
 FUNCTIONS

QAWAID
Functions :
FIQHIYYYAH QF as a guidance /source
DIFFERENCES QF as a tool towards understanding
OF TERM problem/issues
QF as a code of law
RULING

SOURCES

MAQASID
SHARIAH

DHARURIYAT
AL-KHAMS

12
 IMPORTANCE OF LEARNING QF

QAWAID
To know how the previous scholars solved
FIQHIYYYAH problems in their life and formed the general
DIFFERENCES rules in fiqh al-islam which covered all various
OF TERM chapters.
RULING
To solve new problems in the society
including cases of property, banking and food
SOURCES industry using the related maxims.
To prove Islam is a progressive religion and
MAQASID
SHARIAH can provide solutions to the new cases that
DHARURIYAT
occur in the society.
AL-KHAMS

13
 ORIGIN AND LITERATURE OF QF

QAWAID
The first formulate legal maxims is the Hanafi
FIQHIYYYAH jurist
DIFFERENCES Develop gradually and hostory of their
OF TERM
development in a general sense is parallel
RULING with the fiqh himself
Develop mainly during the era of imitation
SOURCES (taqlid), in the nature of extraction (takhrij) of
guidelines from the detailed literature of fiqh
MAQASID
SHARIAH that were contributed during the first three
DHARURIYAT
centuries of Islamic scholarship, known as the
AL-KHAMS era of ijtihad.

14
 ORIGIN AND LITERATURE OF QF

QAWAID
The works on QF can be traced back as early
FIQHIYYYAH as the third century of Hijrah and continues
DIFFERENCES up to the present.
OF TERM
Compilations of maxims by Abu Tahir al-
RULING Dabbas which consists 17 maxims gathered
from the Hanafi school.
SOURCES Earliest compilation in the form of a note of
these maxims was written by Abu al-Hasan al-
MAQASID
SHARIAH Karkhi.
DHARURIYAT
Abu Zayd Abdullah b. Umar al-Dabbusi (Tasis
AL-KHAMS al-Nazar) - elaborate some of important
maxims.

15
 ORIGIN AND LITERATURE OF QF

QAWAID
QF was not written all at once by a particular
FIQHIYYYAH scholar, but was developed by the jurists at
DIFFERENCES the time of the resurgence of fiqh.
OF TERM
Earliest jurists who developed most of the
RULING maxim - jurists of the Hanafi school.
As for the author of these maxims, most of
SOURCES them are not known except for those maxims
originally deduced from the saying of the
MAQASID
SHARIAH Prophet, or is attributed to a particular
DHARURIYAT
scholars.
AL-KHAMS

16
 FIVE MAJOR MAXIMS

QAWAID
FIQHIYYYAH

DIFFERENCES
OF TERM

RULING

SOURCES

MAQASID
SHARIAH

DHARURIYAT
AL-KHAMS

17
 TYPES OF LEGAL MAXIMS

QAWAID
FIQHIYYYAH

DIFFERENCES
OF TERM

RULING

SOURCES

MAQASID
SHARIAH

DHARURIYAT
AL-KHAMS

18
 CLASSICAL LITERATURE

QAWAID
Takhrij al-Furu ala al-Usul
FIQHIYYYAH Anwar al-Buruq fi Anwa al-Furuq
DIFFERENCES Al-Asybah wa al-Nazair (Jalaluddin al-Suyuti)
OF TERM
Al-Asybah wa al-Nazair (Ibn Nujaym)
RULING

SOURCES

MAQASID
SHARIAH

DHARURIYAT
AL-KHAMS

19
 MAJALLAH AL-AHKAM
AL-ADLIYYAH
QAWAID
The Majelle
FIQHIYYYAH Produced in the year 1285H by the Ottoman
DIFFERENCES government
OF TERM
1st codification of Islamic law
RULING There are 99 principles of fiqh mentioned in
article 2 to article 100 in this set of law
SOURCES Most of these principles are taken from the
MAQASID collection of Ibn Nujaym and some from other
SHARIAH
collection
DHARURIYAT
AL-KHAMS

20
 MODERN LITERATURE

QAWAID
Al-Madkhal al-Fiqhi al-Amm
FIQHIYYYAH Al-Wajiz fi Iidah Qawaid Fiqh al-Kulliyyah
DIFFERENCES Al-Qawaid al-Fiqhiyyah Nashatuha wa
OF TERM
Tatawwuruha Dirasat Muallifatiha
RULING Al-Nazariyyah al-Fiqhiyyah

SOURCES

MAQASID
SHARIAH

DHARURIYAT
AL-KHAMS

21
 THE DIFFERENT CLASSIFICATION OF
QF
1. The scope of the qawaid in term of its
QAWAID
FIQHIYYYAH application towards the issues of fiqh
i. The major maxims that cover various issues of fiqh
DIFFERENCES
OF TERM
5 maxims
ii. Maxim that covers substantial amount of fiqh subjects
RULING but the coverage is lesser
It is either extension maxims or maxims that is not related
to the major maxim
SOURCES
2. The acceptance of a particular maxim among
MAQASID the different schools of islamic law
SHARIAH i. Maxim which is accepted and utilized by all scholars of
islamic law from different mazhab
DHARURIYAT
AL-KHAMS 5 maxims
ii. Maxim that is accepted by certain scholars from certain
mazhab and rejected by others
Known as qawaid al-mazhabiyyah
22
 DIFFERENCES OF
TERM

Comparing Qawaid Fiqhiyyah with Shariah, Fiqh and Usul Fiqh
 DEFINITION OF SHARIAH

QAWAID
Literally:
FIQHIYYYAH A waterhole where animals gather daily to drink
DIFFERENCES or the straight path.
OF TERM Path to be followed
A straight path as said by Allah:
RULING
Then we put thee on the (right) way of religion. So
follow thou that (way) and follow not the desires of
SOURCES those who know not
(Quran: Jathiyah: 18 )
MAQASID
SHARIAH

DHARURIYAT
AL-KHAMS

24
 DEFINITION OF SHARIAH

QAWAID
Technically:
FIQHIYYYAH The sum total of Islamic laws which were
DIFFERENCES revealed to the Prophet Muhammad and which
OF TERM are recorded in the Holy Quran as well as
deducible from the prophet's divinely guided
RULING lifestyle
(Muhammad Shalabee : 1969)
SOURCES The right way of religion - wider than mere formal
rites and legal provisions which mostly came in
MAQASID
SHARIAH Madinah after Makkah verses had been revealed.
It encompasses all legal rules as belief rules
DHARURIYAT
AL-KHAMS
(aqidah), moral (akhlaq) and the practical rules
(shariah/fiqh)
(Abdullah Yusuf Ali : 2001)

25
 COMPONENTS

QAWAID
FIQHIYYYAH

DIFFERENCES
OF TERM

RULING

SOURCES

MAQASID
SHARIAH

DHARURIYAT
AL-KHAMS

26
 DEFINITION OF FIQH

QAWAID
Literally:
FIQHIYYYAH The true understanding of what is intended.
DIFFERENCES Hadith: Whoever Allah wishes good, he
OF TERM gives the fiqh of the religion.
Technically:
RULING
The knowledge of the detailed rules of Islamic
SOURCES law with reference to conduct, that has been
derived from its specific evidence
MAQASID It is the end product of usul fiqh
SHARIAH

DHARURIYAT
AL-KHAMS

27
 2 ASPECTS OF FIQH

QAWAID
FIQHIYYYAH

DIFFERENCES
OF TERM

RULING

SOURCES

MAQASID
SHARIAH

DHARURIYAT
AL-KHAMS

28
 DIFFERENCES BETWEEN SHARIAH &
FIQH
QAWAID
SHARIAH FIQH
FIQHIYYYAH The body of revealed laws Body of laws deduced from
found in the Quran & shariah to cover specific
DIFFERENCES
OF TERM Sunnah situation not directly treated
in Shariah law
RULING Wider in scope-includes all Confined to human acts in
human actions terms of legality and illegality
SOURCES Unchangeable, fixed Changes according to
circumstances under which it
MAQASID is applied
SHARIAH
Lay down basic principles Specific : show how the basic
DHARURIYAT principle of shariah should be
AL-KHAMS applied in given
circumstances.

29
 USUL FIQH

QAWAID
Literally
FIQHIYYYAH Roots of Islamic laws
DIFFERENCES Technically:
OF TERM
Methods by which rules of fiqh are deduced from
RULING
their sources / methods how to deduce the
hukum
They are the principles borne by the use of which
SOURCES
the mujtahid arrives at the legal rules through
MAQASID specific evidence
SHARIAH
Al-Ghazali:
DHARURIYAT Usul fiqh is an expression emplyed for the
AL-KHAMS
evidences of these legal rules and for a
knowledge of the broad ways in which they
reveal such rules, and not by way of specific
30
indication (for a specific rule).
 DIFFERENCES BETWEEN SHARIAH AND FIQH

SYARIAH FIQH
QAWAID
FIQHIYYYAH 1 The wider circle, includes Confined to what are
all human actions commonly understood as
DIFFERENCES human acts as far as their
OF TERM legality and illegality are
concerned
RULING 2 The body of revelaaled Fiqh is one component of
injuction found both in the shariah
SOURCES Quran and Sunnah
3 Fixed and unchangeable Certain rulings on fiqh
MAQASID changes to the changes of
SHARIAH circumstances under which
it is applied
DHARURIYAT
AL-KHAMS
4 Based on revelation in Power of reasong is
which the knowledge is stressed, deductions based
only obtained from the upon knowledge are
Quran and or Sunnah continously referred to with
approval
31 5 Various degree of approval Action is either legal or
 DIFFERENCES BETWEEN FIQH & USUL FIQH

QAWAID
FIQHIYYYAH
FIQH USUL FIQH
1 Concerned with the Methods that are applied
DIFFERENCES
OF TERM
knowledge of detailed in the deduction of such
rules of Islamic law in rules from their sources
its various branches
RULING
2 The law itself Methodology of the law

SOURCES

MAQASID
SHARIAH

DHARURIYAT
AL-KHAMS

32
 DIFFERENCES BETWEEN QF AND USULFIQH

QAWAID
FIQHIYYYAH
USUL FIQH QAWAID FIQHIYYAH
1 Is concerned with the Maxims are based on the
DIFFERENCES
methodology of legal fiqh itself
OF TERM
reasoning

RULING 2 Method which been applied Principle of the law

in deducing law
3 External part of fiqh Internal part of fiqh
SOURCES

MAQASID
SHARIAH

DHARURIYAT
AL-KHAMS

33
 RULINGS RELATED TO SHARIAH

QAWAID
FIQHIYYYAH

DIFFERENCES
OF TERM

RULING

SOURCES

MAQASID
SHARIAH

DHARURIYAT
AL-KHAMS

34
 SOURCES OF QAWAID FIQHIYYAH

QAWAID
FIQHIYYYAH

DIFFERENCES
OF TERM

RULING

SOURCES

MAQASID
SHARIAH

DHARURIYAT
AL-KHAMS

35
 AL-QURAN

QAWAID
The fundamental and main sources of Islamic
FIQHIYYYAH Law from which all other sources derive their
DIFFERENCES authority
OF TERM
It may be defined as:
RULING The book containing the speech of Allah,
revealed to Prophet Muhammad in Arabic and
SOURCES
transmitted to us by continuous testimony, or
tawatur.
MAQASID Consists of the word of Allah SWT revealed on
SHARIAH
Prophet Muhammad saw in 23 years divine
DHARURIYAT
AL-KHAMS
origin
Address to all humanity, without distinction of
race, region or time
It seeks to guide human beings in all aspect
36
 THE SUNNAH
Sunnah
QAWAID
FIQHIYYYAH Literally: a way or rule or manner of acting
Technically: What has been (authentically) related to us
DIFFERENCES
OF TERM on behalf of the Prophet { } from his
sayings, actions, and tacit approvals.
RULING Hadith
Literally: communication, story, conversation
SOURCES Technically: What was transmitted on the authority of
the Prophet{} ,his deeds, sayings, and
MAQASID tacit approvals, or description of his sifaat (features).
SHARIAH
Both cover the same ground: practice, sayings and
DHARURIYAT tacit approvals(taqrir)
AL-KHAMS
Quran generally deals with the broad principles or
essential of religion. The details are supplied by
Prophet saw through hadith
37
 IJMA

QAWAID
Ijma Consensus of opinion among the jurist on
FIQHIYYYAH certain issues and ruling
DIFFERENCES Literally:
OF TERM Ijma is the verbal noun of the Arabic word Ajmaa
which has two meanings:
RULING To determine
To agree upon something
SOURCES
Technically
MAQASID Consensus of mujtahids (jurist) from the ummah oh
SHARIAH Muhammad (saw), after his death in a determined
DHARURIYAT
period upon a rule of Islamic law
AL-KHAMS Consensus of opinion among the jurist of a
particular period on a question of law
Ijma maybe based on Quran, hadith or analogy
38
 QIYAS
Qiyas analogical deduction
QAWAID
FIQHIYYYAH Literal
Measuring or estimating on thing in terms of another
DIFFERENCES
OF TERM Technical
The extension of Shariah ruling from an original case
RULING (Asl) to a new case (far) because the new case has the
same effective cause (Illah) as the original case.
SOURCES Qiyas or analogy is resorted to in respect of problems
about which there is no specific provision in the
MAQASID Quran or the Sunnah of the Prophet
SHARIAH
Analogical deduction of new issues on existing
DHARURIYAT evidence from the Quran and Sunnah
AL-KHAMS
Process by which a rule of law is deduced from
original text in views of common effective cause
(illah)
39
 MAQASID AL-SHARIAH

QAWAID
The primary objectives of the shariah is the
FIQHIYYYAH realization of benefit to the people,
DIFFERENCES concerning to their affairs both in this world
OF TERM and the hereafter.
RULING
It is generally held that the shariah in all
parts aims at securing a benefit for the
SOURCES people or protecting them against corruption
and evil.
MAQASID
SHARIAH The Quran explained the main objectives of
DHARURIYAT
shariah when it declares
AL-KHAMS

and We sent you (O Muhammad SAW) not but

as a mercy for alamin (mankind,jinns and all the
40
exists)

 CATEGORIES OF OBJECTIVES OF
SYARIAH
QAWAID
FIQHIYYYAH

DIFFERENCES
OF TERM

RULING

SOURCES

MAQASID
SHARIAH

DHARURIYAT
AL-KHAMS

41
 THE ESSENTIALS (AL-DARURIYYAT)

QAWAID
The essentials are the matter on which the
FIQHIYYYAH religion and worldly affairs of the people
DIFFERENCES depend upon, their neglect will lead to the
OF TERM total disruption and disorder and it could lead
to evil ending.
RULING
The essentials can be divided into the
SOURCES protection of the 5 fundamental values. These
five values are :
MAQASID
SHARIAH

DHARURIYAT
AL-KHAMS

42
 AL-DARURIYYAH AL-KHAMSAH

QAWAID
FIQHIYYYAH

DIFFERENCES
OF TERM

RULING

SOURCES

MAQASID
SHARIAH

DHARURIYAT
AL-KHAMS

43
 PROTECTION OF AL-DIN

QAWAID
Al-din is the most important values that must
FIQHIYYYAH be protected by the Muslims. It is obligatory
DIFFERENCES upon each and every Muslims to protect his
OF TERM al-din.
RULING
The protection of al-din at personal level is
achieved through the observance of ibadah,
SOURCES such as performing the 5 prayers, fasting,
paying zakah and performing hajj.
MAQASID
SHARIAH Executing all these rituals will increase the
DHARURIYAT
iman of the person and will therefore be a
AL-KHAMS shield to protect the person from committing
sin or indulging in any action that will destroy
his din.
44
 PROTECTION OF AL-DIN
As an example, the Quran has pointed out that performing
QAWAID prayers will save a person from evil:
FIQHIYYYAH

DIFFERENCES
OF TERM

RULING

SOURCES and perform al-salat. Verily, al-salat prevents from al-fahsya (i.e
great sins of every kind, unlawful sexual intercouse, etc) and al-
munkar (i.e disbelief)
MAQASID
SHARIAH (al-Ankabut:45)
The protection of al-din at the wider scope involves defending
DHARURIYAT Islamic faith particularly if it is attacked by the enemy of Islam.
AL-KHAMS
For instance, the situation demands waging of war with the
enemy of Islam, then it should be done for the sake of
protecting Islam from being destroyed by others

45
 PROTECTION OF LIFE (AL-NAFS)

QAWAID
Life is essential and valuable to everyone.
FIQHIYYYAH Protecting everyone's life is equally important
DIFFERENCES and obligatory to each and every individual
OF TERM and societies.
RULING
In the punishment of the murderer, even
though one life is killed because of the crime,
SOURCES this will lead to saving many more lives as the
punishment will deter others from committing
MAQASID
SHARIAH
such crime.
The al-Quran emphasis this point when it
DHARURIYAT
AL-KHAMS says:
and there is (a saving of) life for you in al-
qisas (the law of equality in punishment), O
46
men of understanding, that you may become
 PROTECTION OF LIFE (AL-NAFS)

QAWAID
It is important to note that generally, saving
FIQHIYYYAH of one's life is required, however it should not
DIFFERENCES be done at the expenses of other lives.
OF TERM
For example, saving a drowning person is
RULING compulsory, but if the saving of this life might
lead to losing of another life, then it should
SOURCES not be done as the principles of shariah
states:
MAQASID
SHARIAH a particular harm shall not be removed by
DHARURIYAT
inflicting another harm
AL-KHAMS

47
 PROTECTION OF PROPERTY (AL-
MAL)
Acquiring property is one of the necessities of
QAWAID
FIQHIYYYAH mankind. Everyone has his own property and would
like to have all the necessary protection for his
DIFFERENCES
OF TERM property. Islam has ordered that no one should
acquire the property of others without legitimate
RULING reasons and without proper contract.
Al-Quran emphasizes this point when it say :
SOURCES and eat up not one anothers property unjustly, nor
give bribery to the rulers that you may knowingly eat
MAQASID up a part of the property of others sinfully.
SHARIAH
(al-Baqarah:188)
DHARURIYAT God has placed laws to regulate the commerce and
AL-KHAMS
transactions between people, in order to ensure fair
dealing, economic justice and to prevent
oppression and dispute.
48
 PROTECTION OF PROPERTY (AL-
MAL)
QAWAID
There are several ways of acquiring the
FIQHIYYYAH property of others illegitimately e.g. : taking
DIFFERENCES riba, cheating in transaction, breaking the
OF TERM trust in matters related to property, stealing
property of others and etc. The shariah
RULING
prohibits all these means.
SOURCES Chopping off the hand of a thief is the
punishment for those convicted for stealing.
MAQASID
SHARIAH
Al-Quran mentioned the punishment when it
says:
DHARURIYAT
AL-KHAMS cut off the hand of the thief, male or female, as
a recompense for that which they committed, a
punishment by way of example from Allah. And
Allah is All Powerful, all Wise
49 (al-Maidah:38)
 PROTECTION
PROTECTION OF
OF THE
THE INTELLECT
INTELLECT OR
OR MIND
MIND
(AL-AQL)
(AL-AQL)

QAWAID
Al-aql is a great gift from Allah s.w.t to
FIQHIYYYAH mankind. This is one of the human capacities
DIFFERENCES that differentiates man from animals.
OF TERM
Allah s.w.t has ordered that everyone should
RULING protect this precious gift from Allah by
utilizing the mental for benefit of all and not
SOURCES for anything that might lead to destruction.
Islam has given freedom for its followers to
MAQASID
SHARIAH express their views and has tolerated the
DHARURIYAT
differences of views and opinion.
AL-KHAMS

50
 PROTECTION
PROTECTION OF
OF THE
THE INTELLECT
INTELLECT OR
OR MIND
MIND
(AL-AQL)
(AL-AQL)

Protection of the mind requires safeguarding it

QAWAID
FIQHIYYYAH from anything that might harm the ability and
function of brain
DIFFERENCES
OF TERM e.g: the consumption of liquor or any similar
substance that will disturb the function of brain.
RULING The Quran forbids liquor when it says:
o you who believe! Intoxicant, gambling, Al-Ansab
SOURCES and Al-Azlam are an abomination of Syaitans
handiwork. So avoid that in order that you may be
MAQASID successful
SHARIAH
(al-Maidah : 90 )
DHARURIYAT
AL-KHAMS
He has also imposed preventative punishments in
order that people stay away from them.
e.g: punishment for those who consume liquor =
eighty lashes
51
 PROTECTION OF DIGNITY (AL-IRD)

QAWAID
Islam is very concern about dignity of a
FIQHIYYYAH person and emphasizes the importance of
DIFFERENCES protecting dignity.
OF TERM
It also ensuring that the relationship between
RULING man and women are done in respectful and
responsible way. Free mixing between the two
SOURCES sexes is disallowed.
Islam has regulated the relationship by
MAQASID
SHARIAH encouraging its followers to enter into
DHARURIYAT
marriage contract. The Prophet s.a.w. is
AL-KHAMS reported to have said in hadith:
O Youth! Those of you who have the means
to get married shall do it, as it is better to
52
protect your eye and your desire, as for those
 PROTECTION OF DIGNITY (AL-IRD)

QAWAID
Furthermore, Islam prohibits it followers from
FIQHIYYYAH accusing others of mischief such as
DIFFERENCES committing adultery or other immortal
OF TERM behaviors.
verily, those who accuse chaste women, who
RULING
ever even think of anything touching their
chastity and are good believers; are cursed in
SOURCES
this life and in the hereafter, and for them will be
MAQASID
a great torment
SHARIAH (al-Nur:23)
DHARURIYAT
AL-KHAMS

53
 THE COMPLEMENTARY (AL-HAJIYYAT)

QAWAID
The complementary interest on the whole
FIQHIYYYAH supplement to the five essential interests and
DIFFERENCES its refers to those kind of interest who neglect
OF TERM leads to hardship of the individual or
community although it does not lead to the
RULING
total disruption of normal life.
SOURCES There are Many example of al-hajiyyat such
as the rukhsah that the shariah has granted
MAQASID
SHARIAH
in regards to ibadah for the travelers and the
sick.
DHARURIYAT
AL-KHAMS Travelers are allowed to combine and shorten
their prayers and break fast in Ramadan.A
sick person is allowed to pray in sitting or
54
sleeping position and break his fast in
 THE EMBELLISHMENTS(AL-
TAHSNIYYAT)
QAWAID
The embellishments refer to interests whose
FIQHIYYYAH realization lead to improvement and the
DIFFERENCES attainment of that which is desirable.
OF TERM
Therefore, the observance of cleanliness in
RULING personal appearance and in ibadah, moral
virtues and avoiding extravagance and
SOURCES measure that are designed to prevent
proliferation of false claims in the courts.
MAQASID
SHARIAH The disappearance of tahsiniyyat may not
DHARURIYAT
interrupt the normal life, but it might lead to
AL-KHAMS the lack of comfort in life.

55
 END OF CHAPTER

QAWAID
FIQHIYYYAH

DIFFERENCES
OF TERM

RULING

SOURCES
MAQASID
SHARIAH

DHARURIYAT
AL-KHAMS

56