Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Legal Maxims as a Genre of Islamic Law

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

Origins, Development and Significance of Al-Qawāʿid al-Fiqhiyya

Al-qawāʿid al-fiqhiyya are legal maxims or principles that are usually expressed in the form of terse adages, such as: al-umūr bi-maqāṣidihā (acts are [judged according] to the objectives behind them); and al-mashaqqa tajlub al-taysīr (hardship brings about facilitation). Most of al-qawāʿid (sg. al-qāʿida) are specific to individual schools of law, although some of them are acknowledged by all schools. The most accepted definition of al-qāʿida al-fiqhiyya is: “A predominantly valid legal determination (ḥukm aktharī) that applies to most of its particular cases (juzʾiyyāt) so that their legal determinations will be known from it”. Another designation of the genre is al-ashbāh wa’l-naẓāʾir (similitudes), referring to the similarities between cases included under the rubric of each qāʿida. The schools of law (madhāhib, sg. madhhab) are agreed on two types of qawāʿid fiqhiyya: general qawāʿid that apply to all or most fields of the law, which are therefore known as kulliyya (universal), and specific (khāṣṣa) qawāʿid that apply to one or more, rather than all, fields of fiqh; the latter are also known as ḍawābiṭ (sg. ḍābiṭ, regulators).

Affiliations: 1: The School of Oriental and African Studies


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Islamic Law and Society — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation