(english) Video: Studies in Usul ul Fiqh | Misapplications of Shari Maxims

As explained previously, maxims (related to Fiqh or Usul al-Fiqh) are important. It is known that there are differences among jurists regarding some maxims. This does not constitute any problem since differences among jurists do exist and it can be viewed as a feature in the general body of Fiqh. It adds diversity and dynamism to the Fiqh. However, there are times in which some misapplications for some maxims happen. This is despite the fact that previous jurists did not mean for these maxims to reach to the conclusions some started calling for utilizing wrongly these maxims. There are five maxims known as al-Qawaed al-Khams. They are the following as being translated by some: 1. Matters will be judged by their purposes. الأمور بمقاصدها 2. Certainty will not be overturned by doubt. اليقين لا يزول إلا بالشك 3. Harm must be removed. الضرر يزال 4. Hardship must be alleviated. المشقة تجلب التيسير 5. Custom has the weight of law. العادة محكمة Another sixth maxim can be added which is: Rules can be changed due to the time change. لا ينكر تغير الأحكام بتغير الأزمان We will address these maxims in the coming session and following sessions.

This is part of a video series by Sheikh Iyad Hilal.


Catch up on the Series! -Video #1 - An Introduction to the Address of the Law Giver: https://youtu.be/_pCXgCkSG58 -Video #2 - An Introduction to Legal Maxims: https://youtu.be/A-6_OJYwNoE -Video #3: Maxims Related to Actions: https://youtu.be/zLt4te65I-U

Source: Al-Arqam Institute

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