The document discusses Islamic legal maxims (qawaid fiqhiyyah). It defines key terms like shariah, fiqh, usul fiqh, and qawaid fiqhiyyah. It explores the differences between these terms and discusses the importance of learning legal maxims, their sources and classifications. Legal maxims are general rules derived from fiqh that can be applied to different cases and help understand Islamic law.

1. ISLAMIC LEGAL MAXIMS
INTRODUCTION TO QAWAID FIQHIYYAH
MAHYUDDIN KHALID  emkay@salam.uitm.edu.my

2. 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
 AL-SUNNAH
DHARURIYAT
AL-KHAMS  AL-IJMA‟
 IJTIHAD
 MAQASID AL-SYARIYYAH
2

3. INTRODUCTION
QAWAID
 Qawaid fiqhiyyah or Legal maxims are general
FIQHIYYYAH rules which can be applied in various cases that
DIFFERENCES come under common rulings.
OF TERM
 Plays great role in the formation of Islamic law
RULING 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)
DHARURIYAT
 Usul Fiqh
AL-KHAMS  Qawaid Fiqhiyyah
 Branches (Furu‟)
3

4. DEFINITION
QAWAID
 Literal meaning :
FIQHIYYYAH  Qawa‟id - plural of al-qa‟idah, means general principles
DIFFERENCES  Fiqh means Islamic law
OF TERM
 Generally, Qawaid Fiqhiyyah means the principles
RULING of fiqh (Islamic law) which can be applied in
different fields of fiqh that come under the common
SOURCES rulings
MAQASID  Most principles of QF consist of a few words but
SHARIAH provide comprehensive meaning
DHARURIYAT
AL-KHAMS
4

5. DEFINITION
QAWAID
 Technical meaning:
FIQHIYYYAH  General rules which applied to all its particulars. It
DIFFERENCES based on the idea that , if detailed rules stem from
OF TERM similar causes, it follows the common generally
applicable principles or maxims.
RULING
 Mustafa al-Zarqa:
SOURCES
 General fiqh principles which are presented in a simple
format consisting of the general rules of syariah in a
MAQASID particular field related to it
SHARIAH
DHARURIYAT
AL-KHAMS
5

6. CONCEPT AND SCOPE
QAWAID
 Hashim Kamali:
FIQHIYYYAH  Legal maxims are theoretical abstractions, often in a few
DIFFERENCES words that are expressive of the maqasid al-shari‟ah.
OF TERM
 Consists mainly of statements of principles derived
RULING from the rules of fiqh on various themes.
 Represent the culmination of cumulative progress-
SOURCES not expected to take place at the formative stages of
fiqh development
MAQASID
SHARIAH
DHARURIYAT
AL-KHAMS
6

7. CONCEPT AND SCOPE
QAWAID
 They were developed gradually-their history is
FIQHIYYYAH parallel with that of fiqh.
DIFFERENCES  Designed primarily for the better understanding of
OF TERM
their subject matter rather than for enforcement.
RULING  Thus judge cannot base his judgment on a particular
maxim unless it is derived from the Qur‟an or
SOURCES Sunnah or supported by evidence.
MAQASID
SHARIAH
DHARURIYAT
AL-KHAMS
7

8. CONCEPT AND SCOPE
QAWAID
 Legal maxims are indeed general rules of fiqh,
FIQHIYYYAH which can be applied in various cases that come
DIFFERENCES under the common rulings eg. transactions,
OF TERM munakahat, evidence etc
RULING  Have a great role in the formation of Islamic law
because they are used as guidelines in finding the
SOURCES rules of fiqh but cannot be accepted as sources of
shariah.
MAQASID
SHARIAH  These maxims have solved most of the minor rules
DHARURIYAT
of fiqh and without them these minor rules will
AL-KHAMS have no standing ground which will make it hard to
solve them
8

9. INTRODUCTION TO MAXIMS
QAWAID
 Maxim
FIQHIYYYAH  General rule which applies to all its particulars
DIFFERENCES  Al-Shatibi
OF TERM
 Eternal maxims … Pillars ... Human interests rests on
RULING them …
 Historical background – From the time before Islam
SOURCES through Aristotle, Justinian, etc – later French and
English
MAQASID
SHARIAH  He who comes to equity must come with clean hands
DHARURIYAT
AL-KHAMS
9

10. CHARACTERISTICS OF LEGAL MAXIMS
QAWAID
 Legal maxims (qawaid al-fiqhiyyah al-kuliyyah) are
FIQHIYYYAH theoretical abstractions
DIFFERENCES  Usually in the form of short epithetical statements
OF TERM
 An established principle
RULING  Expressive, often in a few words, of the goals and
objectives of the shari„ah
SOURCES
 Statements of principles that are derived from the
MAQASID detailed reading of the rules of fiqh on various
SHARIAH
themes
DHARURIYAT
AL-KHAMS
 General in nature so that can be applicable to many
different areas and situations
10

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

12. FUNCTIONS
QAWAID
 Functions :
FIQHIYYYAH  QF as a guidance /source
DIFFERENCES  QF as a tool towards understanding problem/issues
OF TERM
 QF as a code of law
RULING
SOURCES
MAQASID
SHARIAH
DHARURIYAT
AL-KHAMS
12

13. IMPORTANCE OF LEARNING QF
QAWAID
 To know how the previous scholars solved
FIQHIYYYAH problems in their life and formed the general rules
DIFFERENCES in fiqh al-islam which covered all various chapters.
OF TERM
 To solve new problems in the society including
RULING cases of property, banking and food industry using
the related maxims.
SOURCES  To prove Islam is a progressive religion and can
provide solutions to the new cases that occur in the
MAQASID
SHARIAH society.
DHARURIYAT
AL-KHAMS
13

14. ORIGIN AND LITERATURE OF QF
QAWAID
 The first formulate legal maxims is the Hanafi jurist
FIQHIYYYAH  Develop gradually and hostory of their
DIFFERENCES development in a general sense is parallel with the
OF TERM
fiqh himself
RULING  Develop mainly during the era of imitation (taqlid),
in the nature of extraction (takhrij) of guidelines
SOURCES from the detailed literature of fiqh that were
contributed during the first three centuries of
MAQASID
SHARIAH Islamic scholarship, known as the era of ijtihad.
DHARURIYAT
AL-KHAMS
14

15. ORIGIN AND LITERATURE OF QF
QAWAID
 The works on QF can be traced back as early as the
FIQHIYYYAH third century of Hijrah and continues up to the
DIFFERENCES present.
OF TERM
 Compilations of maxims by Abu Tahir al-Dabbas
RULING 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-Karkhi.
MAQASID
SHARIAH  Abu Zayd Abdullah b. Umar al-Dabbusi (Ta‟sis al-
DHARURIYAT Nazar) - elaborate some of important maxims.
AL-KHAMS
15

16. 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 the time
DIFFERENCES of the resurgence of fiqh.
OF TERM
 Earliest jurists who developed most of the maxim -
RULING jurists of the Hanafi school.
 As for the author of these maxims, most of them are
SOURCES not known except for those maxims originally
deduced from the saying of the Prophet, or is
MAQASID
SHARIAH attributed to a particular scholars.
DHARURIYAT
AL-KHAMS
16

17. FIVE MAJOR MAXIMS
QAWAID Acts Are Judged By The
FIQHIYYYAH
Intention Behind Them
DIFFERENCES
OF TERM Certainty Is Not Dispelled By
RULING Doubt
SOURCES
Hardship Begets Facility
MAQASID
SHARIAH
DHARURIYAT
AL-KHAMS
Harm Must Be Removed
Custom Is The Basis Of
Judgement
17

18. TYPES OF LEGAL MAXIMS
QAWAID
FIQHIYYYAH
Maxims which are reiterated
DIFFERENCES from a particular text of the Maxims which are
OF TERM Qur‟an or Sunnah formulated by the jurists.
Carry greater authority
RULING
• Examples: • Examples:
SOURCES • Al-masyaqqah tajlib al- • Al-yaqin la yuzalu bi al-
taysir syakk
MAQASID • Al-‟umuru bi • Dar al-mafasid awla min
SHARIAH maqasidiha jalb al-manafi‟
DHARURIYAT • Al-dhararu Yuzal ("Warding off detriments
AL-KHAMS takes priority over the
acquisition of benefits" )
18

19. CLASSICAL LITERATURE
QAWAID
 Takhrij al-Furu‟ ala al-Usul
FIQHIYYYAH  Anwar al-Buruq fi Anwa‟ al-Furuq
DIFFERENCES
OF TERM
 Al-Asybah wa al-Naza‟ir (Jalaluddin al-Suyuti)
 Al-Asybah wa al-Naza‟ir (Ibn Nujaym)
RULING
SOURCES
MAQASID
SHARIAH
DHARURIYAT
AL-KHAMS
19

20. 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

21. MODERN LITERATURE
QAWAID
 Al-Madkhal al-Fiqhi al-‟Amm
FIQHIYYYAH  Al-Wajiz fi „Iidah Qawa‟id Fiqh al-Kulliyyah
DIFFERENCES
OF TERM
 Al-Qawa‟id al-Fiqhiyyah Nash‟atuha wa
Tatawwuruha Dirasat Muallifatiha
RULING  Al-Nazariyyah al-Fiqhiyyah
SOURCES
MAQASID
SHARIAH
DHARURIYAT
AL-KHAMS
21

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

23. DIFFERENCES OF TERM
Comparing Qawaid Fiqhiyyah with Shari‟ah, Fiqh and Usul Fiqh

24. DEFINITION OF SHARI’AH
QAWAID
 Literally:
FIQHIYYYAH  A waterhole where animals gather daily to drink or the
DIFFERENCES straight path.
OF TERM  Path to be followed
RULING
 A straight path as said by Allah:
 “Then we put thee on the (right) way of religion. So follow
thou that (way) and follow not the desires of those who
SOURCES
know not”
 (Quran: Jathiyah: 18 )
MAQASID
SHARIAH
DHARURIYAT
AL-KHAMS
24

25. DEFINITION OF SHARI’AH
QAWAID
 Technically:
FIQHIYYYAH  The sum total of Islamic laws which were revealed to
DIFFERENCES the Prophet Muhammad and which are recorded in the
OF TERM Holy Quran as well as deducible from the prophet's
divinely guided lifestyle
RULING  (Muhammad Shalabee : 1969)
 The right way of religion - wider than mere formal rites
SOURCES
and legal provisions which mostly came in Madinah
after Makkah verses had been revealed. It encompasses
MAQASID
SHARIAH all legal rules as belief rules (aqidah), moral (akhlaq)
and the practical rules (shari‟ah/fiqh)
DHARURIYAT
AL-KHAMS  (Abdullah Yusuf Ali : 2001)
25

26. COMPONENTS
QAWAID
FIQHIYYYAH
Al-Ahkam al-
DIFFERENCES I‟tiqadiyah
OF TERM
• Sanctions relating to
belief
RULING • Aqidah
SOURCES
Al-Ahkam al- Al-Ahkam al-
MAQASID
SHARIAH Amaliyah Akhlaqiyah
• Sanctions relating
• Sanctions relating
DHARURIYAT to actions/sayings
to moral & ethics
AL-KHAMS of individuals
• Akhlaq
• Fiqh
26

27. 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”.
RULING  Technically:
 „The knowledge of the detailed rules of Islamic law with
SOURCES reference to conduct, that has been derived from its
specific evidence‟
MAQASID
SHARIAH
 It is the end product of usul fiqh
DHARURIYAT
AL-KHAMS
27

28. 2 ASPECTS OF FIQH
QAWAID Aspect 1 Aspect 2
FIQHIYYYAH
DIFFERENCES • The science of practical • The knowledge of the
OF TERM rules. Fiqh in this detailed rules of
context means absolute Islamic law in its
RULING understanding of various branches, or
something in terms of • The knowledge of the
SOURCES concept and validation. practical rules of
MAQASID
• It is a body of shari‟ah acquired from
SHARIAH legalized practical the evidence in the
rules in Islam. sources.
DHARURIYAT
AL-KHAMS • From the definition, it
derived the word
„hukm‟.
28

29. DIFFERENCES BETWEEN SHARI’AH & FIQH
QAWAID SHARI‟AH FIQH
FIQHIYYYAH
The body of revealed laws Body of laws deduced from
DIFFERENCES
OF TERM found in the Quran & Sunnah shari‟ah to cover specific situation
not directly treated in Shari‟ah law
RULING Wider in scope-includes all Confined to human acts in terms
human actions of legality and illegality
SOURCES
Unchangeable, fixed Changes according to
MAQASID circumstances under which it is
SHARIAH applied
DHARURIYAT Lay down basic principles Specific : show how the basic
AL-KHAMS principle of shari‟ah should be
applied in given circumstances.
29

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

31. DIFFERENCES BETWEEN SHARIAH AND FIQH
SYARIAH FIQH
QAWAID
FIQHIYYYAH 1 • The wider circle, includes all • Confined to what are
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 changes
MAQASID to the changes of circumstances
SHARIAH under which it is applied
4 • Based on revelation in which • Power of reasong is stressed,
DHARURIYAT
AL-KHAMS the knowledge is only deductions based upon
obtained from the Quran and knowledge are continously
or Sunnah referred to with approval
5 • Various degree of approval or • Action is either legal or illegal
disapproval
31

32. DIFFERENCES BETWEEN FIQH & USUL FIQH
QAWAID
FIQHIYYYAH FIQH USUL FIQH
1 • Concerned with the • Methods that are applied in
DIFFERENCES
OF TERM knowledge of detailed the deduction of such rules
rules of Islamic law in its from their sources
various branches
RULING
2 • The law itself • Methodology of the law
SOURCES
MAQASID
SHARIAH
DHARURIYAT
AL-KHAMS
32

33. 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 reasoning fiqh itself
OF TERM
RULING 2 • Method which been applied in • Principle of the law
deducing law
3 • External part of fiqh • Internal part of fiqh
SOURCES
MAQASID
SHARIAH
DHARURIYAT
AL-KHAMS
33

34. RULINGS RELATED TO SHARIAH
QAWAID
Wajib
FIQHIYYYAH
•Obligatory
DIFFERENCES
OF TERM
Mandub
•Voluntary
RULING
Mubah
SOURCES
•Permissible
MAQASID
SHARIAH Makruh
•Dislike
DHARURIYAT
AL-KHAMS
Haram
•Forbidden
34

35. SOURCES OF QAWAID FIQHIYYAH
QAWAID PRIMARY SOURCES
FIQHIYYYAH
• Al-Quran
DIFFERENCES
OF TERM • Sunnah
• Ijma‟
RULING
• Qiyas
SOURCES SECONDARY SOURCES
MAQASID • Istihsan (juristic preference of the stronger principles)
SHARIAH
• Istishab(Presumption of continuity)
DHARURIYAT
AL-KHAMS
• Maslahah Mursalah (extended analogy/ consideration
of public interest)
• Sadd al-Zarai‟ (blocking unlawful means to an
unlawful end)
35

36. AL-QURAN
QAWAID
 The fundamental and main sources of Islamic Law
FIQHIYYYAH from which all other sources derive their authority
DIFFERENCES  It may be defined as:
OF TERM
 The book containing the speech of Allah, revealed to
RULING Prophet Muhammad in Arabic and transmitted to us by
continuous testimony, or tawatur.
SOURCES  Consists of the word of Allah SWT revealed on
Prophet Muhammad saw in 23 years – divine origin
MAQASID
SHARIAH  Address to all humanity, without distinction of race,
DHARURIYAT
region or time
AL-KHAMS
 It seeks to guide human beings in all aspect of life
36

37. THE SUNNAH
QAWAID
 Sunnah
FIQHIYYYAH  Literally: a way or rule or manner of acting
DIFFERENCES
 Technically: What has been (authentically) related to us
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
SHARIAH
tacit approvals, or description of his sifaat (features).”
 Both cover the same ground: practice, sayings and tacit
DHARURIYAT 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

38. 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 Ajma‟a
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
period upon a rule of Islamic law
DHARURIYAT
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

39. QIYAS
QAWAID
 Qiyas – analogical deduction
FIQHIYYYAH  Literal
DIFFERENCES  Measuring or estimating on thing in terms of another
OF TERM
 Technical
RULING
 The extension of Shar‟iah ruling from an original case (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
MAQASID about which there is no specific provision in the Quran
SHARIAH or the Sunnah of the Prophet
DHARURIYAT  Analogical deduction of new issues on existing evidence
AL-KHAMS
from the Quran and Sunnah
 Process by which a rule of law is deduced from original
text in views of common effective cause (illah)
39

40. MAQASID AL-SHARIAH
QAWAID
 The primary objectives of the shariah is the
FIQHIYYYAH realization of benefit to the people, concerning to
DIFFERENCES their affairs both in this world and the hereafter.
OF TERM
 It is generally held that the shariah in all parts aims
RULING at securing a benefit for the people or protecting
them against corruption and evil.
SOURCES  The Quran explained the main objectives of shariah
when it declares
MAQASID
SHARIAH        
      
      
 
      
   
DHARURIYAT  “ and We sent you (O Muhammad SAW) not but as a
AL-KHAMS mercy for „alamin (mankind,jinns and all the exists)
 (Al-Anbiya‟:107)
40

41. CATEGORIES OF OBJECTIVES OF SYARI’AH
QAWAID
FIQHIYYYAH The
Complementary
DIFFERENCES (Hajiyyat)
OF TERM
RULING The
The Essentials
Embellishments
(Daruriyyat)
SOURCES (Tahsiniyyat)
MAQASID
SHARIAH
CATEGORIES
DHARURIYAT OF
AL-KHAMS
OBJECTIVES
OF SYARI‟AH
41

42. THE ESSENTIALS (AL-DARURIYYAT)
QAWAID
 The essentials are the matter on which the religion
FIQHIYYYAH and worldly affairs of the people depend upon,
DIFFERENCES their neglect will lead to the total disruption and
OF TERM disorder and it could lead to evil ending.
RULING  The essentials can be divided into the protection of
the 5 fundamental values. These five values are :
SOURCES
MAQASID
SHARIAH
DHARURIYAT
AL-KHAMS
42

43. AL-DARURIYYAH AL-KHAMSAH
QAWAID
FIQHIYYYAH Protection of al-din
DIFFERENCES
OF TERM
Protection of life (al-nafs)
RULING
SOURCES Protection of dignity (al-‟ird)
MAQASID
SHARIAH
Protection of intellect (al-‟aql)
DHARURIYAT
AL-KHAMS
Protection of property (al-mal)
43

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

45. PROTECTION OF AL-DIN
 As an example, the Quran has pointed out that
QAWAID performing prayers will save a person from evil:
FIQHIYYYAH
DIFFERENCES
OF TERM
              
               

          
      
    
     

RULING     
  
 
    
  
 

 “…and perform al-salat. Verily, al-salat prevents from al-
SOURCES
fahsya (i.e great sins of every kind, unlawful sexual
intercouse, etc) and al-munkar (i.e disbelief)”
MAQASID
 (al-Ankabut:45)
SHARIAH  The protection of al-din at the wider scope involves
defending Islamic faith particularly if it is attacked by
DHARURIYAT 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

46. PROTECTION OF LIFE (AL-NAFS)
QAWAID
 Life is essential and valuable to everyone. Protecting
FIQHIYYYAH everyone's life is equally important and obligatory
DIFFERENCES to each and every individual and societies.
OF TERM
 In the punishment of the murderer, even though
RULING one life is killed because of the crime, this will lead
to saving many more lives as the punishment will
SOURCES deter others from committing such crime.
 The al-Quran emphasis this point when it says:
MAQASID
SHARIAH  “ and there is (a saving of) life for you in al-qisas
DHARURIYAT (the law of equality in punishment), O men of
AL-KHAMS
understanding, that you may become al-muttaqin
(the pious)”
 ( al-Baqarah:179)
46

47. PROTECTION OF LIFE (AL-NAFS)
QAWAID
 It is important to note that generally, saving of one's
FIQHIYYYAH life is required, however it should not be done at the
DIFFERENCES 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 not be done
SOURCES as the principles of shari‟ah states:
 “a particular harm shall not be removed by
MAQASID
SHARIAH inflicting another harm”
DHARURIYAT
AL-KHAMS
47

48. PROTECTION OF PROPERTY (AL-MAL)
 Acquiring property is one of the necessities of mankind.
QAWAID
FIQHIYYYAH Everyone has his own property and would like to have
all the necessary protection for his property. Islam has
DIFFERENCES ordered that no one should acquire the property of
OF TERM
others without legitimate reasons and without proper
contract.
RULING
 Al-Quran emphasizes this point when it say :
 “and eat up not one another‟s property unjustly, nor give
SOURCES
bribery to the rulers that you may knowingly eat up a part of
the property of others sinfully.”
MAQASID
SHARIAH  (al-Baqarah:188)
 God has placed laws to regulate the commerce and
DHARURIYAT
AL-KHAMS
transactions between people, in order to ensure fair
dealing, economic justice and to prevent oppression and
dispute.
48

49. PROTECTION OF PROPERTY (AL-MAL)
QAWAID
 There are several ways of acquiring the property of
FIQHIYYYAH others illegitimately e.g. : taking riba‟, cheating in
DIFFERENCES transaction, breaking the trust in matters related to
OF TERM property, stealing property of others and etc. The
shari‟ah prohibits all these means.
RULING
 Chopping off the hand of a thief is the punishment
SOURCES for those convicted for stealing. Al-Quran
mentioned the punishment when it says:
MAQASID
SHARIAH  “cut off the hand of the thief, male or female, as a
recompense for that which they committed, a
DHARURIYAT
AL-KHAMS
punishment by way of example from Allah. And Allah
is All Powerful, all Wise”
 (al-Ma‟idah:38)
49

50. PROTECTION OF THE INTELLECT OR MIND
(AL-AQL)
QAWAID
 Al-aql is a great gift from Allah s.w.t to mankind.
FIQHIYYYAH This is one of the human capacities that
DIFFERENCES 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 for anything that
SOURCES might lead to destruction.
 Islam has given freedom for its followers to express
MAQASID
SHARIAH their views and has tolerated the differences of
DHARURIYAT
views and opinion.
AL-KHAMS
50

51. PROTECTION OF THE INTELLECT OR MIND
(AL-AQL)
QAWAID
 Protection of the mind requires safeguarding it from
FIQHIYYYAH 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 Syaitan‟s
handiwork. So avoid that in order that you may be
MAQASID successful”
SHARIAH
 (al-Ma‟idah : 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

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

53. PROTECTION OF DIGNITY (AL-IRD)
QAWAID
 Furthermore, Islam prohibits it followers from
FIQHIYYYAH accusing others of mischief such as committing
DIFFERENCES adultery or other immortal behaviors.
OF TERM
 “verily, those who accuse chaste women, who ever even
think of anything touching their chastity and are good
RULING
believers; are cursed in this life and in the hereafter, and
for them will be a great torment”
SOURCES
 (al-Nur:23)
MAQASID
SHARIAH
DHARURIYAT
AL-KHAMS
53

54. THE COMPLEMENTARY (AL-HAJIYYAT)
QAWAID
 The complementary interest on the whole
FIQHIYYYAH supplement to the five essential interests and its
DIFFERENCES refers to those kind of interest who neglect leads to
OF TERM hardship of the individual or community although
it does not lead to the total disruption of normal life.
RULING
 There are Many example of al-hajiyyat such as the
SOURCES rukhsah that the shariah has granted in regards to
ibadah for the travelers and the sick.
MAQASID
SHARIAH  Travelers are allowed to combine and shorten their
DHARURIYAT
prayers and break fast in Ramadan.A sick person is
AL-KHAMS allowed to pray in sitting or sleeping position and
break his fast in Ramadan
54

55. THE EMBELLISHMENTS(AL-TAHSNIYYAT)
QAWAID
 The embellishments refer to interests whose
FIQHIYYYAH realization lead to improvement and the attainment
DIFFERENCES of that which is desirable.
OF TERM
 Therefore, the observance of cleanliness in personal
RULING appearance and in ibadah, moral virtues and
avoiding extravagance and measure that are
SOURCES designed to prevent proliferation of false claims in
the courts.
MAQASID
SHARIAH  The disappearance of tahsiniyyat may not interrupt
DHARURIYAT
the normal life, but it might lead to the lack of
AL-KHAMS comfort in life.
55

56. END OF CHAPTER
QAWAID
FIQHIYYYAH
DIFFERENCES
OF TERM
RULING
SOURCES 
MAQASID
SHARIAH
DHARURIYAT
AL-KHAMS
56