The Relevance of Islamic Legal Maxims in Determining Contemporary Legal Issues

  • Muhammad Shettima Mohammed Goni College of Legal and Islamic Studies, Maiduguri, Nigeria.
  • Hamma Adam Biu University of Maiduguri.
  • Muhammad Al-Ameen Deribe University of Maiduguri

Abstract

This 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.

Author Biographies

Muhammad Shettima, Mohammed Goni College of Legal and Islamic Studies, Maiduguri, Nigeria.
Assistant Lecturer, Department of Sharia and Civil Law
Hamma Adam Biu, University of Maiduguri.
Senior Lecurer, Department of Arabic and Islamic Studies.
Muhammad Al-Ameen Deribe, University of Maiduguri
Lecturer, Department of Private Law.
Published
2016-12-31
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.

Keywords

al-Qā'ida al-Fiqhiyyah (maxim of Islamic law), ijtihād (independent legal reasoning), legal authority, emerging legal issue.