Islamic Online University

Bachelor of Arts in Islamic Studies

Fiqh 301 Assignment

Full Name: Abdelmadjid Mokhtari 1. Define the term qawaaid fiqhiyyah (Islamic legal maxims). Make a detailed discussion of FIVE Islamic legal maxims giving supporting evidence from the Quran and Sunnah and the sayings of the scholars. Where appropriate you should give practical applications of the maxims in modern day life.

Answer:
Bismil'laah walhamdulil'laah was'salaatu a'laa rasoolil'laah, Allah soobhaanaho wata'aalaa has bestowed upon us so many and so much blessings, favors and blessings that we can not even count. From these great favors is the guidance to the deen of the ultimate salvation and success, the Islaam. And as every way, every science, every discipline has a number of rulings deducted from its principles to practically implement them. Similarly, the scholars of Islam from its early stage started writing about Al-Qawaaidul-Fiqhiy'yah basing their publications on the Quran and the Sun'nah. So, Al-Qawaaidul-Fiqhiy'yah are global rulings from a jurisprudential point of view applicable to many details from different aspects. Al-Qawaaidul-Fiqhiy'yah confirm something to a matter or free this matter from it. And to better understand Al-Qawaaidul-Fiqhiy'yah, it is always intersting to mention the link and comparison between Al-Qawaaidul-Usooliyy'yah and Al-Qawaaidul-Fiqhiy'yah. Al-Qawaaidul-Usooliyy'yah exist first and then Al-Ahkaamul-Fiqhiyy'yah get deducted from AlQawaaidul-Usooliyy'yah and then all the similar Ahkaamul-Fiqhiyy'yah get gathered under one of AlQawaaidul-Fiqhiy'yah. Also, it is not possible to directly deduct the Fiqhi Hukm from Al-QawaaidulUsooliyy'yah without detailed evidence coming with it. Unlike, Al-Qawaaidul-Usooliyy'yah, AlAhkaamul-Fiqhiyy'yah can be deducted from Al-Qawaaidul-Fiqhiy'yah. In this context, it is so important to mention the difference between the Al-Qawaaidul-Usooliyy'yah and Adh-DhawaabiTul-Fiqhiy'yah. Each of Al-Qawaaidul-Usooliyy'yah deals with many fiqhi Chapters; for example Al-Umooru Bi Maqaasidihaa (Matters are by what has been intended for) deals with the intention in many chapters such as the prayer, killing intentionally or unintentionally, etc. As for the DhawaabiTul-Fiqhiy'yah (plural of DhaabiT Fiqhi), this deals specifically with one chapter only. Also, Al-Qawaaidul-Fiqhiy'yah indicate where we deduct the ruling from (evidence); for example in the case of Al-Umooru Bi Maqaasidihaa (Matters are by what has been intended for) the evidence lies in the hadeeth of the Prophet Muham'mad (May Allah's peace and blessings be upon him) that was narrated by U'mar Ibnul-Khat'taab (May Allah be pleased with him): Indeed, deeds are based on intentions. As for the DhawaabiTul-Fiqhiy'yah, the latter do not indicate where the Fiqhi ruling was taken from and

its evidence. Among the books that has been dedicated to the development and promotion of Al-QawaaidulFiqhiy'yah as a well defined science in the discipline of Islamic Fiqh which is a major part of the Islamic religion, are: -Qawaaaidul-Ahkaam fee Masaalihil-Anaam by Al-I'zz Ibn Abdus'Salaam. -Al-Qawaaid by Ibn Radjab Alhambalee. -Al-Ashbaah Wan'Nadhaair by Ibnul-Wakeel Ashaafi-e'e. -Al-Ashbaah Wan'Nadhaair by As'SuyooTee Ashaafi-e'e. -Al-Ashbaah Wan'Nadhaair by Ibn Nujaym Alhanafee. -Al-Forooq by Ibn Saneena Alhambalee. -Al-Forooq by Alqaraafee Almaalikee.. -Al-Forooq by Abu Muhammad Aljuwaynee. -Al-Manthoor by Az'Zarkashee. Al-Qawaaidul-Fiqhiy'yah are divided into major Qawaaid and each of them has branches. Here I am discussing five legal maxims: 1-Al-Umoor bi Maqaasidihaa is one of the major Qawaaid. This legal maxim is based on the intention. The Niy'yah is a condition for the validity of the deeds even though some deeds are correct without an intention and this is the position of the Hanafiy'yah as they say that the Wudoo is correct without even having the intention, however, the reward requires it (intention). According to Saad Ashatri, author of Explanation of the Fundamentals of Fiqh Poem which was written by Assaa'dee, this is a weak position unlike the position of the majority of scholars (Al-Jumhoor) stating that no deed/act is valid without intention. Al-Umoor bi Maqaasidihaa deals with the actions and not the things themselves. More explicitly, the actions of the heart, tongue and limbs are what it meant by Al-Umoor and not the things such as: houses, merchandises, etc, for example: the maqsad here can be building the house or not building it, selling the merchandise or not selling, occupying the house or not occupying it, etc and not the house itself since the house can not intend, it rather is the doer, who is taking an action concerning the house whether it is with his/her heart, tongue or limbs, who has a certain intention by doing these actions. And as a conclusion, this legal maxim lines perfectly with hadeeth of the prophet of Allah (Salal'laahu a'layhi wasal'lam): Indeed, the deeds are based on intentions ... (Al-Bukhaaree and Muslim). So, the intention is the most crucial part of the deed and many legal issues are based on it such as killing intentionally or unintentionally, fasting for the sake of Allah, not fasting for the sake of Allah and fasting for somebody/something else, etc. In the same context the wording might mean something but the intention means otherwise and this is a good example showing that only Allah knows the ultimate intention of the intention maker and based on that the intention maker gets rewarded, punished or forgiven according to Allah's mercy and wisdom and the verse # 114 of the Quranic chapter An'Nisaa is a clear evidence elaborating the intention concept. Therefore, the intention's output are based on whether it is exclusively for the sake of Allah, provided that it lines with the Sun'nah of the Prophet of Allah, or whether it is for Allah and someone/something else or for someone/something else only, or a deed without intention at all, and these three scenarios apply to both: doing like praying, fasting, etc as well as to leaving like leaving the Ribaa, Zinaa, etc. The intention has conditions such as: Knowing what is intended for, the age of distinction (seven years and up), to be determined in what is intended, and to be sane. Also, the intention can be voided if decided to stop it or if intending two different things requiring independent intention for each, or

moving from a lower act of worship to a higher one, etc. Also, the intention is not to be uttered, it is in the heart. We do not intend with the tongue. The intention has consequences based on how far are the practical steps are being taken and whether if the deed done wrong, is permissible or unlawful. Also, it is highly interesting to mention that the intention of the disbeliever is to be considered but not in acts of worship where being a Muslim is condition. So, to summarize, we can say that we are rewarded for what we do exclusively for the sake of Allah, hoping for his reward in the here-life and the here-after and Allah is the ultimate judge. 2-Dar-ul-Mafaasid Awlaa Min Djalbil-Masaalih which could be translated as turning away the harms has more priority than bringing in the benefits. This is a great legal maxim since a great Shaareea'h Maqsid is implied within it. One important concept to know about this maxim is that the definition of the terms Maslahah and Mafsadah return to the Shaaree' (Allah) and not to the society for example. And all the Ahkaam turn around this very important maxim. And the Maslahah is sometimes obligatory such as the mandatory prayers, and sometimes recommended and thus, optional such as the Sunan acts, and sometimes Maslahah Ayn (everybody must do it) and sometimes Maslahah Kifaayah (must be done by at least a group of the Muslim Um'mah). And what we need to focus on is that the Maslahah is what the Shareea'ah has made as such, and to better explain this concept, we can refer to a very easy and simple example: Somebody may suggest to hold the Jumua'h prayer on Sundays in countries where the weekend coincide with Saturday and Sunday. This is a Mafsadah rather than a Maslahah, it is basically a voided Maslahah as it opposes what the Shareea'h has legislated, unlike the first kind of Maslahah which are considerable since they are legislated by the Shareea'h. The third kind of Maslahah are the Masaalihul-Mursalah and this kind is a subject of difference between the scholars and the most correct one is that there is no Maslahah Mursalah as all of the Masaalih are considerable, according to Shaykhul-Islaam, Ibn Taymiy'yah. And as the Masaalih have categories, also the Mafaasid have categories. We have prohibited Mafaasid, and disliked Mafaasid, and Mafaasid worse than other Mafaasid. 3-Tazaahmul-Masaalih: Two or more Masaalih that come up at the same and in this case where the Muslim should take the bigger and more rewarding and the most urgent in terms of obligation at the first place. An example of that would be the coming up of two Masaalihs such as repeating after the Athaan caller or reading the Quran during the Athaan is being called. In this case, the favor should be given to repeat after the Muathin and not to read the Quran as this time should be dedicated to the Sun'nah of repeating after the Muathin as this is more rewarding than the Quran at that particular time even though reading the Quran has its great known virtues. 4-Tazaahmul-Mafaasid: Two or more Mafaasid that come up at the same time and in this case where the Muslim should avoid the bigger and worse of the two or more. An example of that would be the coming up of two Mafaasid such as shaving the beard and save the job to support his family or keep his beard, loses the job and consequently divorces his wife. Obviously, avoiding the divorce is what is needed to be avoid as it is the bigger of these harms. 5-At-Tayseer: The ease: as Allah states in the verses # 5 and 6 of Sooratu-Sharh, and in the verse # 185 of Sooratul-Baqarah and in the verse # 28 of Sooratun'Nisaa. The scholars describe this maxim with this expression: The hardship brings about the ease. A few example can be mentioned to show how easy the deen of Allah is: a-The Tayam'mum in many cases such as the lack of water, hardship caused by using it, or if we have

very limited quantity and all we have is to drink only and have no other alternative for drinking water. b-Eating the pork to survive in case of extreme starvation, if this is a life threatening situation, then eating what is prohibited if that is all available and otherwise death is the unavoidable fate. C-Lying to save an innocent life if necessary and needed. Alhamdulil'laah for ll his favors, blessings and favor upon us and may Allah's peace and blessings be upon our Prophet Muhummad. Sources: -Explanation of the Fundamentals of Fiqh Poem of Sheikh Asaa'dee by Saad Bin Naser Ashatree.