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Philosophy and Fundamentals of Sharī’ah for Islamic Finance
SHA0011

UNIT 9: FIVE MAJOR ISLAMIC LEGAL MAXIMS

The five major of Islamic legal maxims are:

1

2 “Certainty is not Dispelled by Doubts”

3 “Hardship Begets Facility”

4 “Injury is to Put an End”

5 “Custom is of Force”

Diagram 14 : Five Major Islamic Legal Maxims

1. Matters are Determined According to Intentions

Basis of this rule is the saying of the Prophet SAW

“All acts are in accordance with their intentions”
(Ṣaḥīḥ al-Bukhāri)

General meaning of the Maxim:
The maxim signifies that the end result of any matter, be it action or
word, validity or void, is governed by the purpose, motive and intention
of such acts.

The Applications of the Maxim:

a. The liability of a person who finds somebody’s goods lying in
the way and picks it up will be contingent upon the intention
with which he has picked it up. If he intends to hand it over
to the owner and has made it known to others, he will be
treated as a trustee and will not be required to indemnify the
owner in case the property is destroyed while in his possession.
But if he has kept it as his own, he would be treated as a
usurper (ghāsib), and will be required to indemnify the owner
in case the property is destroyed.

b. If two persons concluded a contract apparently a specific
rental is provided for, the contract would be regarded as a
contract of hire as its real meaning indicates, and not a contract
of loan as the wording of the contract would suggest.