The legal maxims of islamic law (excluding five leading legal maxims) and their applications in Islamic finance
Other Title(s)
القواعد الفقهية-عدا القواعد الخمس الكبرى-و تطبيقاتها في التمويل الإسلامي
Joint Authors
Source
Journal of King Abdulaziz University : Islamic Economics
Issue
Vol. 29, Issue 2 (31 Jul. 2016), pp.139-151, 13 p.
Publisher
King Abdulaziz University Scientific Publishing Center
Publication Date
2016-07-31
Country of Publication
Saudi Arabia
No. of Pages
13
Main Subjects
Financial and Accounting Sciences
Religion
Islamic Studies
Topics
- Islamic jurisprudence
- Foundations of Islamic jurisprudence
- Islam
- Financing
- Barter
- Risk management
- Nanophotonics
- Islamic Banks
- Necessity(Law)
- Jurisprudential rules
Abstract EN
Al-qawāʿid al-fiqhīyah or legal maxims of Islamic Law are the general rules of fiqh that portray the goals and objectives of the Sharīʿah.
They are applied in various cases that come under the common rulings and play a very important role in deducing many rules of fiqh since they provide a guideline to come up with particular ḥukm.
There are five leading maxims, as reflected in the Majallah, such as, al-umūr bi maqāṣidihā (matters are determined according to intentions), al-yaqīn la yazūl bi alshakk (certainty is not overruled by doubt), al-mashaqqah tajlib al-taysīr (hardship begets facility), al- ḍarar yuzāl (harm must be eliminated) and al-ʿādah muḥakkamah (custom is a basis for judgment).
Other than these five leading maxims, which are applicable to a number of legal principles, there are other maxims, which are not as extensive as the main maxims, but nonetheless, address a number of more detailed issues in fiqh.
Usually, the maxims incorporated in this category are either an extension of maxims derived from the five leading maxims or might be unrelated.
This paper seeks to analyse those maxims, other than the leading maxims, which are related to Islamic finance and to understand their roles and applications in the Islamic banking and finance industry.
American Psychological Association (APA)
Siti, Burhan& Abd Allah, Adam. 2016. 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, pp.139-151.
https://search.emarefa.net/detail/BIM-694538
Modern Language Association (MLA)
Siti, Burhan& Abd Allah, Adam. 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 (Jul. 2016), pp.139-151.
https://search.emarefa.net/detail/BIM-694538
American Medical Association (AMA)
Siti, Burhan& Abd Allah, Adam. The legal maxims of islamic law (excluding five leading legal maxims) and their applications in Islamic finance. Journal of King Abdulaziz University : Islamic Economics. 2016. Vol. 29, no. 2, pp.139-151.
https://search.emarefa.net/detail/BIM-694538
Data Type
Journal Articles
Language
English
Notes
Includes bibliographical references : p. 149
Record ID
BIM-694538