ISLAMIC LEGAL MAXIMS in SHARIAH

1. LEGAL MAXIMS IN SHARIAH
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1.0 INTRODUCTION
Basically, qawaid fiqh is a part and the study of fiqh maxims. It teaches the muslim with the
underlying structure of maxims to rule many issues fall that actually were derived from the
Islamic primary sources. These maxims taken directly from the quran and sunnah and play a
big role for mujtahid to derive ruling that whether mention in the text or not.
Historically, the development of rules in shariah during the sahabah time were rely
directly from the quran and sunnah of Prophet Muhammad saw and there was not a lot of
confusion about certain issues on that time because they being close and got direct
knowledge during Prophet Muhammad saw still alive. The situations during the sahabah time
also not much difference as Prophet Muhammad Saw time. During Caliph Uthman Ibn Affan
rules, he ordered the repetition of Quran copying process that actually only one copy on
Caliph Abu Bakr time, so that they are able to send to major urban centers of muslim land.
The record of sunnah Prophet Muhammad saw had started officially during Caliph Umar Ibn
Abd Aziz to Abu Bakr Ibn Hazm. However, the process was not begins on that time because
the leading scholars would speak directly about Islamic matters from their memory. Until
year 143 AH, many scholars write down the Islamic studies such as hadith and fiqh.
As for the development of qawaid fiqh, Hanafi jurists were the first jurists to
formulate the precious legal maxims. Abu Tahir Muhammad Ibn Muhammad Al-Dabbas was
the first person who systematically identify seventeen maxims from Hanafi rulings
references. Later, Abu Hasan Al-Karakhi manage to increase these to thirty-seven maxims
which including the main five maxims. Some of the earliest maxims as compile by Abu
Hasan Al-Karakhi are ‘the norm is that the affairs of the muslim are presumed to be upright
and good unless the opposite emerges to be the case’, ‘prevention of maxim takes priority
over the attraction of benefit’ and ‘question and answers proceed on that which is
widerspread and common and not on what is unfamiliar and rare’. These maxims were
increase in number over the time and set as the provided guideline of principles for the
Islamic issues.
There was a debating before, regarding to the permissibility of Islamic maxims. A few
views were not support the legal maxims as to derive hukm in Islamic issues because the
maxims were not an absolutely comprehensive laws. However, many jurists support its
validity as long as not contradict with the quran and sunnah and able to achieve maqasid

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shariah which is for the public welfare. It is based from the Quran, Surah Al-Maidah, 5:58
“And We have revealed to you, (O Muhammad Saw), the book in truth, confirming that
which preceded it of the Scripture and as a criterion over it. So judge between them by what
Allah has revealed and do not follow their inclinations away from what has come to you of
the truth. To each of you, we prescribed a law and a method”.
From the huge effort of the muslim jurists, there are many books discussed about the
legal maxims in Islam such as Al-Qawaid fi furuq Al-Shafie, Manzumah Al-Manhaj Al-
Muntakhab and Idhah Al-Masalik Ila Qawaid Al-Imam Malik. Imam Al-Jalaluddin Al-Sayuti
also wrote Al-Ashbah wa Al-Nazair with the evidence originated from what Caliph Umar Ra
addressed to a jugde in Basrah ‘To ascertain similitudes and recemblances and adduce
matters analogous in given judgement’. This book explains deeply about the primary five
legal maxims, forty qawaid kulliyah maxims and other relevant issues about qawaid fiqh. On
the other hand, Majalla Al-Ahkam Al-Adiyyah that was used during Ottoman empire in
Turkey consists of 99 maxims with 1851 sections about civil laws. Those acts based from the
Hanafi thought and the combination of Al-Ashbah wa Al-Nazair and Mujammak Al-Haqaih.
According to Taha Jabir Fayyad ‘Alwan (2003), there are seven reasons for the new
methodology and one of his view is “The thinking of the muslim jurist with respect to the
geo-political world map of the time was influenced by contemporaneous historical
convention. They overlooked the quranic concept of the world and human geography and
their work have tended to be localized and provincial”.
As for this assignment, the two maxims, al- ijtihad la yanqud bi ijtihad and iza ijtima’a
al-halal wa al-haram ghalaba al-haram will discussed in detail including their application in
nowadays practice especially their role in Islamic finance and banking. The discussion
actually will bring a broad view about how these maxims very useful and helpful toward
achieving the ease in the human life.

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2.0 AL- IJTIHAD LA YANQUD BI IJTIHAD ( ‫باالجتهاد‬ ‫ينقض‬ ‫ال‬ ‫االجتهاد‬ )
2.1 Definition and Meaning
This maxim means “ijtihad or diligence is not aside by another ijtihad”. The main
words in this maxim are ‘ijtihad’ and ‘yunqadu’. On the other hand, this maxim is
also known as “diligence does not invalidate its ideals” (‫بمثله‬ ‫ينقض‬ ‫ال‬ ‫.)االجتهاد‬ This
maxim is among the important maxim in Islamic Law especially to determine the new
rulings by the scholars because this is among the vital principle to make sure the
ruling made do not contradict with the primary sources of Islam.
Ijtihad is derived from the Arabic verb of jahada (‫)جهد‬ or yajhadu (‫,)يجهدو‬ means
‘exertion’, ‘effort’ or ‘strive’. However, in fiqh terminology, it was defines as
exertion or effort to achieve a careful weight of judgement for shariah rules about
particular Islamic issues. Every ijtihad made by ulama in Islam actually was the views
and rulling that based to their investigation and deep understanding of quran and
sunnah. The validity of ijtihad also must not conflict with the dalil qat’i or other
strong evidences which were no argument among the scholars as wrong and cannot
be disputed. For an example is the obligation to perform the five times of prayer daily
and fasting during Ramadan by muslim. On the contrary, the ijtihad would be rejected
when it was clearly opposite with the shariah principles and causing the harmful for
muslim to practice it in life.
Mujtahid or mujtahidun (plural) are those who practice the ijtihad. Not everyone
qualified to be called as mujtahid or mujtahidun because there are strict conditions as
a guideline to make sure their though would be accepted. According to Ibn Qudama
Hanbali rahmatullahi alaihi, this group must be acknowledgeable in six science of
quran, traditions of Holy Prophet Muhammad saw, ijma’, science of varied opinions,
analogy besides Arabic language. Moreover, they must have the good characters as
the mujtahidun, alim, full knowledge of narrators’ lifestyle and expert to analyze and
making conclusion from their understanding of complex problems. “It is not
permissible for anybody to give Islamic legal opinions (fatwa) who is not well versed
in Quran and is well acquainted with the science of abrogation as well as the
following science” (Hafiz Ibn Qayyim rahmatullahi alaihi).

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There are at least three types of ijtihad as discussed by the scholars of usul fiqh
which are takhrij al-manat, tanqih al-manat and tahqiq al-manat. Takhrij al-manat is
the extraction of the grounds or divine ruling and the main reason for study the law
from the scripture. It needs a proper understanding about the indications of divine
ruling for example the prohibition of wine on muslim. Otherwise, tanqih al-manat is
the intermediate step to select and test the hypotheses from the takhrij al-manat with
other data as to determine the actual ground for the rule whether the hypotheses
generated before is correct or not. The last step of ijtihad is tahqiq al-manat which is
concern to the accuracy of reason’s perception of the real problems in the public.
The second important word in this maxim is yunqadu (‫)ينقض‬ which has a range
meaning of to ‘invalidate’, ‘demolish’, ‘repeal’, ‘void’ or ‘nullify’. However, ‘to
void’ and ‘nullify’ are the most relevant words as to describe about this maxim.
Yunqadu is also the passive voice of the verb naqada/yanqidu. So, from the both
definition of ijtihad and yunqadu, this maxim means the ijtihad with a propely
conducted cannot be void or nullify by the another ijtihad from the same mujtahidun,
or from the different mujtahidin later. Every mujtahidun must rely to the study and
deep observations about quran and sunnah and if the ijtihad was contradict with the
shariah principles such as the adopted son allowed to get faraid, it is clearly means the
ijtihad is voidable and must be denied based from Allah SWT stated in the quran,
Surah Al-Ahzab, 33:4 “..And He has not made your wives whom you declare
unlawful your mothers. And he has not made your adopted sons your (true) son. That
is (merely) your saying by your mouths, but Allah SWT say the truth, guides to the
(right) way”.
However, it does not means the mujtahidun not allowed to change his thought
about the shariah issues. The mujtahidun will be given only a few considerations if he
wants to do so in the future same case if he found the new evidence on that time. For
the previous decision of the same case, the ruling was still accepted and will not give
any effect to the second case because they are both valid.

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2.2 Development of this maxim
The origin of this maxim is from the consensus of Prophet Muhammad saw
companions. It was derived during the Qaliph ‘Umar Ibn Al-Khattab Ra rules time.
Ibn Al-Sabbagh narrated that Qaliph Abu Bakar Ra already decided many issues and
problems during his rules time. After his death, actually Qaliph ‘Umar Ibn Al-Khattab
Ra had not agreed with the decisions, however, he also not reopen or cancel the
settled cases by Qaliph Abu Bakar Ra before. This maxim contains some exceptions
such as the government policy on the public welfare so the ijtihad ruling is not
reversible by another ruling of ijtihad. Qaliph ‘Umar Ibn Al-Khattab Ra stated
regarding to his different rulings than what Qaliph Abu Bakar Ra rulings:
“ ‫قضينا‬ ‫ما‬ ‫على‬ ‫تلك‬،‫قضينا‬ ‫ما‬ ‫على‬ ‫وهذه‬ ”
“That was what we judge previously, and this is what we have decided (in the present
case)”.
2.3 The Application of The Maxim in life
This maxim was used as independent legal judgment for the common issues arise in
our life. The ijtihad which need a huge effort and deep understanding from the ulama
should be appreciated by the public as it was really helped to solve the disorders
humankind issues such as either uterring the word of talaq (divorce) three times in
one setting is equivalent to a single divorce or not, determination of direction of
qiblah for the uncertain place and the issue of the permissibility of smoking
cigarettes.
Taken the permissibility of smoking cigarettes as an example for this maxim, this
issue was not mention directly in the quran or sunnah besides, the smoking of
cigarettes only exist after 15th century and tobacco only entered the Islamic countries
on that time. So, the scholar guided it as mubah and some scholars said makruh
because it had not harmful and not prohibited by Allah. However, this issued maybe
because of the failure of scholars to get a real information about cigarette or maybe
because the contains of tobacco in cigarette on that time not harmful as today which
now contains harmful chemistry substance.

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Discussion of Fatwa Committee of National Council for Malaysia Islamic
Religious Affairs for the 37th meeting held on March 23, 1995, decided that smoking
cigarette as forbidden in Islam because medical studies have proven each of it
contains 6-8mg of nicotine and various other chemicals. Each puff of cigarette smoke
in fact contains 4,000 types of harmful chemicals. So, this latest ijtihad must be used.
2.3.1 Application in Islamic Finance and Banking
As the need and demands from the Islamic finance and banking nowadays besides the
situation in business and economy that are frequently to changes over the time, this
maxim taken as a precious principal to issue the new ruling after the arising of the
new evidences later as to deem the previous ruling to be valid and accepted during the
previous time.
2.3.1.1 Aplication for Amanah Saham Nasional Berhad (ASNB)
As to protect the Muslim welfare and avoid the greater harm in the
future especially for Bumiputra, Fatwa Committee of the National
Council for Islamic Religious Affairs agreed to permiting ASNB
as permissible. This caused many Muslim invest in ASNB
products offered on that time.
It brings a controversy because contains the uncertainty
from the mixing of shariah permissible and non-shariah
permissible elements besides the methods and the implementation
were conflict with the shariah compliance as guidelined from
Shariah Security Council (SAC) of Security Commission (SC)
which is a special body staffed by experienced specialist
individuals in the field of jurisprudence and Islamic finance.
Later, SAC claims that ASNB is classified as non-Shariah
unit trust due to the interest based investment and the operation
was in conventional money market. So, by using this maxim, the
investor previous profit’s transactions in ASNB are deemed as
valid but not including the profit after the announcement made by
SAC.

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3.0 Iza Ijtama’a Al-Halal Wa Al- Haram Ghalaba Al- Haram
3.1 Definition and explanation
Generally, this maxim mean “ if permissibility and prohibition coincide, prohibition
prevails”. In more detail, this maxims relate with the concept of halal and haram.
Actually, halal is anything that has permitted by Allah s.w.t, while, haram can be
defines as anything that has been prohibited by Allah s.w.t. and these both category
have originally applied to an act. Halal also may be defined as an act or object or
conduct which the individual has freedom of choice and its exercise does not carry
out either reward or punishments. Halal encompasses obligatory, recommended,
neutral or permissible or also dislike. Moreover, things also can be permissible (halal)
or prohibited (haram) in consideration of the act associated with them. The Shafie’
jurist interpretation regarding this maxim is that refer to the mubah (neutral or
permissible). Meanwhile for Hanafi jurist, state that the halal matters here is
encompasses the wajib (obligatory) as well. Muslim Jurist have discussed about the
sources of evidence on halal and haram and formulated guidelines to regulate their
application to slaughter procedures.
On top of that, regarding with the importance of this maxim, it is actually had
provided a very important guideline in order to resolve the situations of uncertain
validity which where an act may be as likely to be valid as not because there is a
conflict between permissibility and prohibition. However, if when applied to Islamic
finance and banking, an important distinction must be borne in kind between things
that prohibited (haram) and permissible (halal). This is because, its essence and
earnings that are tainted by the way they were earned. For example, in the contract of
bay al- dayn and also bay al-inah.
On the other hand, another key term in this maxim is ijtama’a which is the
reflexive form of the verb ijtama’a jama’a/yajma’u that means “to gather, combine,
unify and also collect”. Meanwhile, for the ijtama’a a/yajtamani’u can be defined as “
to gather together, to combine with and also to meet which has more broad meaning
compare to ijtama’a/yajma’u. For this maxim, its meaning should be understood in

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maxim 26, that is, “Consideration is given to the predominant and widespread, not to
the rare”.
Futhermore, the impact of the prohibited (haram) on the permissible (halal) must
to be taken into consideration when it is noticeable and significant. Due to this matter,
al- Suyuti on his book, al-Ashbah wa al- Naza’ir, had stated that, the principle does
not apply to a case. For example, in the situation where a man knows that a few
women in a large village are mahram to him but he is not sure of their identities. So,
in this case, he is allowed to marry a women from that village. Based on the writing
of Muhammad Zuhayli in al- Qawa’id al- Fiqhiyyah, 2:695, if a thing or an act that
can be consider as a permissible (halal) from certain angle and also prohibited
(haram) from another angle, it will be difficult to determine which consideration is
more preferred and relevant, which due to the contention of this maxim that the
Shariah had gives primary consideration to the unlawful aspects. This is because, the
Shariah prohibits things due to the harm they entail and also there are many types of
halal means in order to achieve the objective that ratified by Shariah.
Besides that, the act also can be considered as “doubtful or ambigious” if it had
been difficult to determine in term of lawful or unlawful act. There are two causes of
the ambiguity. Firstly, is the apparently conflicting evidences. For example, Prophet
Muhammad s.a.w had made two statements regarding with the relations of a husband
and wife during menstruations. First, “the husband may do anything except
intercourse” and the second is, “ the husband are allowed only what is above the
navel”. However, the Muslim Scholars give more precedence to the second text
which more restrictive compared with the first. Secondly, is the commingling of
substances that are halal with substances that are prohibited (haram).It is involve with
the mixing of things that cannot be separated, like, mixing of water and milk. In this
case, the mixing of lawful and unlawful are inseparably mixed will produce two
outcome which is the effect of unlawful will appear in lawful and the effect of
unlawful will not apparent in lawful. Another type of commingling involves with the
mixing if things that can be distinguish and separated from one to another. The effect
of commingling of money is more complicated. This is due to the reasons that money
is not an impure as other substance such as gold and silver which is categorized as

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pure substances. In Surah al- Baqarah verses 279, Allah s.w.t had stated that, “ But if
you repent, you may have your principal without suffering loss or causing others to
suffer loss”. Through this verse, it indicates that if the principal is pure it does not
become impure due to an impure profit earned from it. Therefore, when it is possible
to distinguish between them, each takes its own rule.
3.2 The Development of The Maxim
When halal and haram items are prescribe by the Al- Quran and the Sunnah, the
Muslims are bound to adhere it. The Muslim have no option on such matters except
when the Al- Quran and Sunnah provide exceptions in certain unpredictable
circumstances. The problem arise when the issues in questions is in grey areas known
as al- shubuhat or doubtful matters, especially in relation to foods as well as
transactions, when technological advancement has introduced a lot of products.
The jurist had identified the methodology of determining the status of the
doubtful matters in the form of legal maxims, which are based on their overall
reading of the sources of the Shari’ah. One of these maxims are Iza Ijtama’a al-halal
wa al-haram ghalaba al-haram. A part from the employment of the maxim, the jurist
also had summarized that the underlying grounds of haram (prohibited) are harmful,
intoxication, impurity, and wrongful acquisition of the property.
This maxim has its roots from hadith, whereby Prophet Muhammad s.a.w was
reported as saying, “ When halal and haram meets, the haram prevails”. Even though
this hadith is disputed, its meaning as suggested by Subuki is sound and valid. The
authority of the maxim is based upon the number of Hadiths. For example, Abu
Huraryrah quoted Allah s.w.t Messenger which is Prophet Muhammad s.a.w saying
that, “ What is lawful is clear and what is unlawful is clear and between the two there
are doubtful matters (shubuhat) which many people do not know (the rule for).
Whoever avoids doubtful matters maintains clarity and assurance in practicing the
religion and protecting his honor, but whoever falls into doubtful matters falls into
unlawful; like the shepherd who pastures his flock around a preserve, letting it graze
almost, but not quite, inside the boundary. Truly, every king has a preserve that is off-

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limits to others, and truly Allah’s perceive is His prohibitions” (Sahih
Bukhari,1:56,hadith no.52
3.3 The Application of The Maxim In Life
3.3.1 The Application of The Maxim in Food and Drink
The original rule for food and drink is everything is permissible unless
there is evidence showing to the contrary. This is based on the Qur’anic
which is surah al- Baqarah verse 29, “ It is He who created all that is in
the earth for you”. This means that all the things in the universe including
for and drinks are created by Allah s.w.t for the mankind. Since they are
merely created for the mankind, it is impossible that they are prohibited
because such prohibition generally defeats the purpose of the creations.
With regards to food and drinks, the general principle is that anything
which is good and healthy is halal. Al- Qaradawi (1995) lays down a
number of prohibited foods mentioned in al- Quran and Sunnah, such as,
dead animals that strangled, beaten, the fallen, the gored, the pork, flowing
bloods, intoxicants, drugs and harmful things. However, there are foods
and drinks which its permissibility and prohibition is not clear. This is
called “ mushtabihat” or the doubtful. The reasons of the uncertain ruling
of the foods and drinks is due to the presence of the non-halal substance
such as emulsifier, gelatin, malt, and alcohol (Jakim 2000).
According to the European Council for Fatwa and Research, the
emulsifier that originated from animals are halal because they do not
remain the same during the process of manufacturing. However, the fatwa
of the Malaysian National Fatwa Committee and the Fatwa of State Mufti
of Brunei about this issues is different which is all products that originated
from non- halal meat or non- slaughtered animals are prohibited (haram).
This fatwa is based on the opinion Shafie’ School of Law that not consider
that the chemical transformation is valid because of man’s intervention.
Whereas the European Council for Fatwa and Research is based on the

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opinion of Hanafi’s School which validates an types of transformation
with or without man’s intervention.
In case of drinks that contain an amount of alcohol, the European
Council for Fatwa and Research issued a fatwa that as long as the drink
does not cause intoxication if consumed in large quantity then, it is
deemed halal (permissible). This fatwa is similar to the fatwa of the
Malaysian National Fatwa Committee. So, buy using this maxim, it give
more facilitate in determining the halal and haram food and drinks in the
industry.
3.3.2 The Application in Islamic Finance and Banking
Fatwa on permissibility and prohibited food especially on issues relating
to the principle of “transformations” and “assimilations” have been
applied in Islamic Finance and Banking transactions. Under the principle
of “ assimilations” funds for Islamic Finance activity received as deposits
by Islamic banking and institutions may be mixed. The Shariah Advisory
Council of Bank Negara resolved that Islamic banking institutions may
generally accept deposit or investment fund without the need to investigate
the status of the sources of funds either Shariah compliant or non- Shariah
compliant or a mixture of two.
Although the funds or deposit that received may be a mixture of Shariah
and non- Shariah compliant sources, the application of the fund have to be
clearly defined. Islamic financing institutions have to identify whether the
funds are designated for Shariah compliant financing or for non Shariah
compliant financing. In Islamic finance and banking, one of the cardinal
principles is the segregation of the funds to protect the sanctity of the
sources of fund for Shariah compliant financing activity, services and
products.
There are disputes among jurist whether financial services based on riba
(usury) are non-Shariah compliant. Islamic jurists are generally of the
view that based on the historical practices during the period of revelation,
what is definitely prohibited in al- Quran is the way in which riba is

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doubled and redoubled. In surah Ali- Imran verse 130 had been stated that
“O You who have attained faith! Do not gorge yourself on usury, doubling
and redoubling it”. According to the jurist, “ Riba” refer to the usurious
loans that are exploitative by virtue of their exorbitant rate. Gradually,
based on hadiths, Islamic jurisprudence extended the scope of riba and
identify others acts or practices that may deemed as riba. These may
include transactions that are not transparent, contain ambiguous term, and
speculative in nature. Actually, the acts of riba are likewise not clearly
define al- Quran and hadith, which led to the various determination of riba
practices by classical and temporary jurists. The only form of riba where
the prohibition is without doubt is the practices of extending delay to the
debtors in return for an increase in the principal which the jurist determine
as “riba jahiliyyah”. Thus, whether “interest” falls within this definition is
subject to various views contemporary jurist.
So, in this case, through the application of the legal maxim Iza Ijtama’a al-
halal wa al-haram ghalaba al-haram which comprises when the
permissible (halal) and prohibited (haram) meets together the haram
prevails. Thus, if a bank offers some products that are Shariah compliant
such as Mudharabah and Murabahah financing and at the same times the
bank also had a item and products based on interest (ribawi item) and
practices riba, then, the bank cannot be called an Islamic Bank, until the
bank gets rid of the prohibited (haram) elements.
4.0 CONCLUSION
In short, the legal maxim have played significant role in bringing up together the resembling
branches of fiqh which are found scattered in voluminous fiqh literature and putting them in
one maxim on the basis of having the same criteria. On top of that, it has to be keep fully in
mind that all the injunctions of Shariah seek to benefit human beings and eliminate harm,

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lays down the parameter for the legal status of ijtihad and also to provide the important
guideline for human beings to determine and resolve situation of uncertain validity. Thus, in
the cases where the primary sources of Shariah silent about a certain issues, legal maxim will
provide guidance particularly inmany contemporary issues in different aspects including the
modern Islamic finance and banking practice.
Nevertheless, some of the maxims are wide enough to cover almost all issues by their
general applications, whereas some others are applicable in certain fields and issues only.
Legal maxim which provide for the general rules of fiqh indeed, have a big role in modern
Islamic banking and finance. Modern issues in Islamic finance which have no precedent from
the classical text arise from the time to time and these issues need to be addressed according
to the Islamic rulings. Thus, the solution is founded in the application of legal maxim to
develop the parameters of Islamic banking and finance and its general principles.
In the cases of legal maxim al- Ijtihad La Yanqud bi al- Ijtihad, there are many benefit
can be provided from the application of this maxim. As an example, this maxim was used as
independent legal judgment for the common issues arise in our life. For this maxim the
ijtihad which need a huge effort and deep understanding from the ulama should be
appreciated by the public as it was really helped to solve the disorders humankind issues such
as either uterring the word of talaq (divorce) three times in one setting is equivalent to a
single divorce or not, determination of direction of qiblah for the uncertain place and the
issue of the permissibility of smoking cigarettes. Moreover, in Islamic finance and banking,
this maxim also plays an important role which taken as a precious principal to issue the new
ruling after the arising of the new evidences later as to deem the previous ruling to be valid
and accepted during the previous time.
Meanwhile, in the cases of the maxim Iza Ijtama’a al-halal wa al-haram ghalaba al-
haram, there also various of advantage for the application of this maxim. For example, this
maxim is actually had provided a very important guideline in order to resolve the situations
of uncertain validity which where an act may be as likely to be valid as not because there is a
conflict between permissibility and prohibition. This maxim can be considered as important
maxim because Islam lays great emphasis on the permissibility or impermissibility of food,
transactions, and other acts, because they are deemed essential in determining their position

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in front of the creator. On the issues of mixture between lawful and unlawful food and
business transactions, the jurist have based their views on the related legal maxims.
Lastly, as mentioned before, even though, there was a debating, regarding with the
permissibility of Islamic maxims which is a few views were not support the legal maxims as
to derive hukm in Islamic issues because the maxims were not an absolutely comprehensive
laws. However, many jurists support its validity as long as not contradict with the quran and
sunnah and able to achieve maqasid shariah which is for the public welfare and the
importance of the legal maxim in determining and discovering the rules of various issues
cannot be underestimate. This is because, the legal maxim had provided many rules in order
to resolve certain problem about the Islamic issues.
5.0 REFERENCES
5.1 Book
Quran, Surah Al-Maidah, 5:58
Quran, Surah Al- Baqarah, 2: 29

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Quran, Surah Al- Baqarah, 2: 279
Quran, Surah Ali- Imran , 3: 130
Mohamad Akram Laldin, Said Bouheraoua, Riaz Ansary, Mohamed Fairooz Abdul
Khir, Mohammad Mahmubi Ali & Madaa Minjid Mustafa (2013) Islamic Legal
Maxims & Their Applications in Islamic Finance, Kuala Lumpur, ISRA, pg ix-
xx & 167-170
Taha Jabir Fayyad ‘Alwan (2003) Towards a Fiqh for Minorities: Some Basic
Reflections, United Kindom, The International Institude of Islamic Though, pg
xxix, 12-19
Muhammad Hashim Kamali, (2013), The Parameter of Halal and Haram in Shariah
and the Halal Industry, Kuala Lumpur, The International Institute of Advances
Islamic Studies (IAIS) Malaysia, pg 2-4
5.2 Internet
Kaedah-kaedah Fiqh, Retrieved at 2.44pm, 21 October 2014 from,
http://www.bicaramuslim.com/bicara7/viewtopic.php?f=11&t=6816
Kaedah Fiqhiyyah, Retrieved at 2.45pm, 21 October 2014 from,
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Ijtihaad, criteria and categories, Retrieved at 3.52pm, 21 October 2014 from,
http://www.inter-islam.org/faith/Ijtihaad.html
Mohammad Fadel, On the Validity of Ijtihad: From the viewpoint of Usul (Principal
of Islamic Jurisprudence), Retrieved at 4.00pm, 21 October 2014 from
http://www.sunnah.org/fiqh/usul/on_the_validity_of_ijtihad.htm
Mohammad Hashim Kamili, Qawaid Al-Fiqh: The Legal Maxim of Islamic Laws, The
Association of Muslim Lawyers, United Kindom, Retrieved at 9.15pm, 21
October 2014 from http://www.sunnah.org/fiqh/usul/Kamali_Qawaid_al-
Fiqh.pdf
Zaharuddin Abd Rahman “Terkini: Hukum ASB dan ASN” Retrieved at 1.0.am, 22
October 2014 from http://zaharuddin.net/pelaburan-&-perniagaan/805-terkini-
hukum-asb-dan-asn.html
Ahmed Sahin (16 February 2010) Is Smoking Haram? Retrieved at 1.0.am, 22
October 2014 from http://www.questionsonislam.com/question/smoking-haram

16. LEGAL MAXIMS IN SHARIAH
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Merokok Dari Pandangan Islam, Retrieved at 1.0.am, 22 October 2014 from
http://www.e-fatwa.gov.my/fatwa-kebangsaan/merokok-dari-pandangan-islam
Muhammad Naim Omar “When Halal and Haram Meet the Haram Prevails?: An
Analysis of The Maxim and Its Application in Contemporary Issues”. Retrieved
at 2.30p.m, 22October 2014 from,
http://ajbasweb.com/old/ajbas/2012/Special%20oct/199-205.pdf
Fakihah Azahari (2010) Islamic Finance : Shariah Principles of Transformation and
Assimilation Retrieved at 3.00 p.m, 22 October 2014 from,
http://198.101.238.229/itreasury/html/download/1MLJ2010.pdf
Nuradin Abdi Elmi “ The Application of Islamic Legal Maxim to Islamic Banking
and Finance” Retrieved at 4.00 p.m, 23 October from,
https://www.scribd.com/doc/85742512/The-Application-of-Islamic-Legal-
Maxims-to-Islamic-Banking-and-Finance
Marco Tieman “ The Application of Halal In Supply Chain Management : In Depth
Interviews” Retrieved at 4.30 p.m, 23 October from,
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%20Journal%20Agribisnis/Marketing/Islamic%20Marketing/Vol%202/No%20
2/The%20application%20of%20Halal%20in%20supply%20chain%20managem
ent-%20in-depth%20interviews.pdf

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6.0 Appendix
Example of Qawaid book written by Abu Abdullah Muhammad Ibn Ahmad Mokri