Legal Maxims in Islamic Criminal Law: Theory and Applications


Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law (maqāṣid al-Sharī‘ah), generally. Included in this examination are the following maxims: al-Umūr bi-Maqāṣidihā ("Matters shall be Judged by their Objectives"); al-Yaqīn lā Yazūl bi-sh-Shakk ("Certainty Cannot be Overruled by Doubt"); al-Mashaqqa Tajlib at-Taysīr ("Hardship begets Facility"); Lā Ḍarar wa-lā Ḍirār ("No Injury or Harm shall be Inflicted or Reciprocated"); and al-ʿĀda Muḥakkama ("Custom is Authoritative").

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Luqman Zakariyah, Ph.D. (2009), University of Wales, Lampeter, is Assistant Professor of Fiqh and Usul al-Fiqh at International Islamic University Malaysia and a former Research Fellow of ILSP, Harvard Law School between 2012-2013. He has published in many reputable journals on Islamic Legal Maxims including "Legal Maxims and Islamic Financial Transactions: A Case Study of Mortgage Contracts and the Dilemma for Muslims in Britain", Arab Law Quarterly, Brill, 26:3, (2012).
Chapter 1: Introduction
Chapter 2: Islamic Legal Maxims (al-Qawāʿid al-Fiqhiyya): Historical Development, Concepts and Content
Chapter 3: Legal Maxim of Intention and Action: "Matters Shall Be Judged by Their Objectives" (al-Umūr bi-Maqāṣidihā)
Chapter 4: Legal Maxim of Certainty and Doubt: "Certainty Cannot Be Overruled by Doubt" (al-Yaqīn lā Yazūl bi-sh-Shakk)
Chapter 5: Legal Maxim of Hardship and Facility: "Hardship Begets Facility" (al-Mashaqqa Tajlib at-Taysīr)
Chapter 6: Legal Maxim of Elimination of Harm: "No Injury or Harm Shall Be Inflicted or Reciprocated" (Lā Ḍarar wa-lā Ḍirār)
Chapter 7: Legal Maxim of Custom: "Custom is Authoritative" (al-ʿĀda Muḥakkama)
Chapter 8: Conclusion

Glossary of Arabic Terms
Index of Legal Maxims
Intended for audiences interested in Islamic legal theory and the relationship between Islamic legal maxims and the maqasid al-Shariah (the Objectives of Islamic law""), and anyone concerned with criminal justice in Islamic law.
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