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.