The Relevance of Islamic Legal Maxims in Determining Contemporary Legal Issues
AbstractThis work intends to review how far the maxims of Islamic law (al-Qawā'id al-Fiqhiyyah) applies to emerging issues upon which there are no exclusive legal authorities. The work started by defining the concept of the maxim and its relationship to other genres of fiqh. It went on to discuss its importance, sources and classifications. An important aspect related to maxims of Islamic law is whether or not it qualifies to be a legal authority. The work has been able to show that maxims are appropriate legal authorities as their strength is based on the legal provisions that support them. Using inductive, doctrinal and hermeneutical methodologies, the authors have attempted to review several works and fatwas that have resorted to certain maxims in discussing legal issues related to several contemporary matters. The work is more significant for identifying conditions that should be followed in applying the maxims to contemporary issues. The work concluded by recommending that researchers should stick to these conditions while investigating maxims and their applications to contemporary issues.
How to Cite
SHETTIMA, Muhammad; BIU, Hamma Adam; DERIBE, Muhammad Al-Ameen. The Relevance of Islamic Legal Maxims in Determining Contemporary Legal Issues. IIUM Law Journal, [S.l.], v. 24, n. 2, dec. 2016. ISSN 2289-7852. Available at: <http://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/254>. Date accessed: 19 sep. 2017.
al-Qā'ida al-Fiqhiyyah (maxim of Islamic law), ijtihād (independent legal reasoning), legal authority, emerging legal issue.
- Consent to publish: The Author(s) undertakes that the article named above is original and consents that the IIUM Press publishes it.
- Previous publication: The Author(s) guarantees that the article named above has not been published before in any form, that it is not concurrently submitted to another publication, and that it does not infringe anyone’s copyright. The Author(s) holds the IIUM Press and Editors of IIUM Law Journal harmless against all copyright claims.
- Transfer of copyright: The Author(s) hereby transfers the copyright of the article to the IIUM Press, which shall have the exclusive and unlimited right to publish the article in any form, including on electronic media. The Journal in turn grants the Author(s) the right to reproduce the article for educational and scientific purposes, provided the written consent of the Publisher is obtained.