INTRODUCTI

ON TO DR HAJAH
RAFIDAH BINTI
HAJI MOHD AZLI
QAWAID ACADEMY OF
CONTEMPORARY

FIQHIYAH ISLAMIC STUDIES

(ACIS UITMNS)

(IMU200)
COURSE LEARNING OUTCOMES
(CLO)

Explain the five Apply the

At the end of this Elaborate the
major Islamic Legal principles of
course, students concept of Qawaid
Maxims and its Qawaid al-fiqh in
should be able to : Fiqh
branches muamalat
CHAPTER ONE
INTRODUCTION TO QAWAID FIQHIYAH
 1.0 Introduction of Qawaid Fiqhiyyah

1.1 Meaning of Qawaid Fiqhhiyyah

CONTENT OF
PRESENTATI
ON 1.2 Differences of the terms Shari’ah, Fiqh
and Qawaid Fiqhhiyyah

1.3 The Relationship between Qawaid Fiqh

and Maqasid Syariyyah
 The task of Qawaid Fiqhiyah (QF) is to categorize cases
according to related general principles.

According to Mustafa Al-Zarqa (1999) if the knowledge of

1.0 QF is not established by the Muslim scholars, fiqh would
INTRODUCTI have remained as scattered cases without any ideational
connection between them.
ON TO
According to Hashim Kamali, QF is not has been expected
QAWAID to take place before of the development of Fiqh.
FIQHIYAH
According to Joseph Schacht, the QF are the product of
early systematic reasoning.
1.0 INTRODUCTION TO
QF : AN OVERVIEW
TOOLS MAQASID SHARIAH
QF are among the QF help jurists to have
tools which jurist considered knowledge of
use when practicing tools Maqasid Shariah (goals
of Shariah) as some of
ijtihad
these maqasids are not
solutions achieved when dealings
with fiqh separately
SOLUTION
Muslim scholars work the QF
to enable Fiqh to actively
Shariah principles
survive and help to
continuously provide with VALUES
Maqasid
proper solutions
shariah QF embody ethical
values intended by
SHARIAH PRINCIPLES values Shariah
QF are embodied by
Shariah principles
1.1 MEANING OF QAWAID
FIQHIYYAH
LITERALLY
Qawaid is the plural form of the
word Qaidah ‫ قاعدة‬which has
denoting as foundation, stability
and firmness.
TECHNICALLY
Al-Jurjani (1413M) in his Al-Ta’rifat defines the
term qaidah as “ a comprehensive principle or
law that is applicable to all its particulars”
Tajuddin Assubki defined qaidah as : “ a
comprehensively valid rule which applies to
many particulars, so that their legal
determinations can be comprehended from it”
Mustafa Zarqa defined it as : “general fiqh
principles which are presented in a simple
format, consisting of general legal rulings of the
particulars related to it”
1.2 DIFFERENCES OF FIQH AND
USUL FIQH
FIQH
Understanding the Shariah or
Islamic legal law.
USUL FIQH
Usul al-fiqh is concerned with the
methodology of legal reasoning and
the rules of interpretation, the
meaning and implication of
commands and prohibitions, and so
forth.
The principles by which the mujtahid
derives the legal rules of conduct from
the specific evidences.
1.2 DIFFERENCES OF FIQH AND QF
QAWAID FIQHIYAH FIQH

A legal maxim is reflective of a The knowledge of the practical that

consolidated readings of the fiqh. are derived from their Shariah
matters elaborated evidences (al-
adillah tafsiliyyah). – by Al-Amidi,
Al-Zarkashi, Al-Baydhawi.
- Fiqh Ibadat
-Fiqh Muamalat
1.2 DIFFERENCES OF SHARIAH
AND MAQASID SHARIAH
SHARIAH HUKM SHAR’IE

The word "shari'ah" literally means The address of the Legislator

"a way.“ related to our actions.
Legal system of Islam. Types of Hukm Syari’e are : Fardhu
Islamic laws which are essential or wajib, Haram, Mandub, Makruh
source for guiding human life. and Mubah.
Shariah composed of all laws
derived from legislative sources of
Islam.
1.3 RELATIONSHIP BETWEEN QF
AND MAQASID SHARIAH
 QF help jurists hold considered knowledge of maqasid shariah. Many of them are expressive,
usually in a few words of these maqasid which might not be achieved when dealing with the
particulars separately.
For example, Masyaqqah tajlibu attaysir and la dharara wa la dhirar. It means, hardship
begets facility and one should not cause harm nor should he reciprocate harm with harm. One
can come to conclusion that reducing hardship for the individuals whenever it occurs is
intended by the Lawgiver.
QF, usul fiqh and maqasid shariah are regarded as tools of ijtihad. The concept of maslahah and
doctrine of maqasid shariah are quite similar. For example, Urf relates to and is studied within
the scope of al – qawaid al- fiqhiyah, maslahah and usul al-fiqh. And these three genres are the
most significant elements which a jurist must have adequate knowledge to be qualified as a
mujtahid.
 ‫‪FIVE MAJOR LEGAL MAXIMS‬‬

‫األمور‬
‫العادة‬ ‫بمقاصدها‬
‫محكمة‬

‫الضرر يزال‬
‫المشقة تجلب‬
‫التيسير‬
‫اليقين ال يزال‬
‫بالشك‬