MAHYUDDIN KHALID emkay@salam.uitm.edu.my

QAWAID FIQHIYYAHISLAMIC LEGAL MAXIMS

QAWAID FURU’IYAH(ADDITIONAL MAXIMS)

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1. Iza ijtama‘a al halal wa al haram ghuliba al haram (When halal and haram conflict, preference is given to haram)

2. Ma la yatimu al-wajibu illa bihi fahuwa wajib (When a compulsory cannot be done without a thing, it is become

compulsory) 3. Al-Ijtihadu la yanqudhu bi al-ijtihad

(One legal ruling does not destroy another)4. Ma harama akhzahu harama a’thauhu

(When it is forbidden to take a thing, it is forbidden to give it)5. When a thing becomes void, the things contained in it also

become void” (Art 52)6. “Management of citizens’ affair is dependent upon public

welfare” (Art 58)7. “Correspondence resembles conversation” (Art 69)

CONTENT

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“When halal and haram conflict, preference is given to haram”

Meaning: Islamic stance is very clear that halal is bayyin (clear) and

haram is also bayyin (clear); anything in between is syubhah (doubtful) and syubhah is very close to haram (excerpt from hadith of the prophet).

Hence, when we are facing the conflict between the two, the prefernce is haram and should be avoided.

Examples: Doubtful over the status of food; The status of silk-clothing/suasa to male; Nikah status etc.

MAXIMS 1

4

“When a compulsory cannot be done without a thing, it is then becomes compulsory”

Meaning: The pre-requisite of anything that is wajib will become wajib.

Example The ruling of wudhu’ is sunat but it become wajib to perform

solat Fardhu kifayah matters become compulsory with the

absence of the matters Dakwah become compulsory so long as Islamic state is not

established.

MAXIMS 2

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“One legal ruling does not destroy another” Meaning:

The ruling made by a mujtahid shall not be abandoned or destroyed by the other mujtahid.

Example If one is certain about the direction of qiblah, he shall

continue his solat - no need to redo

MAXIMS 3

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“When it is forbidden to take a thing, it is forbidden to give it”

Meaning: Anything derived from haram sources can’t be used for any

lawful purposes. Example:

Income or earnings from riba, zina, gambling, corruption and as such can’t be used for any ibadah i.e. sadaqah, zakat, performing hajj, performing solat, giving nafqah etc.

MAXIMS 4

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“When a thing becomes void, the things contained in it also become void” (Art 52)

Meaning: The substance/effect of a contract will be nullified with the

nullification of the contract. Example:

The benefit of insurance coverage is terminated with the surrender of the policy;

The right of nafqah for a wife is terminated with the divorce.

MAXIMS 5

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“Management of citizens’ affair is dependent upon public welfare” (Art 58)

Meaning: The policy of the ruling government must uphold the welfare

and justice of the whole society, not causing harm or danger to the nation as a whole.

Example: Periodical review on utility tariff i.e. electric; the increase in

toll concession charges; the purchase of defense weaponry etc

MAXIMS 6

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“Correspondence resembles conversation” (Art 69) Meaning:

Anything done in writing has similar effect with speech-both have equal status.

Example: Signing of S & P as a prove of mutual consent in the

purchase of an asset; The utterance of talaq via text message or letter or e-mail

etc has the same effect as talaq utterance by the husband.

MAXIMS 7

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END OF CHAPTER