A Treasury of Sacred Maxims: A Commentary on Islamic Legal Principles

by Shahrul Hussain

Overview

This beautiful collection discusses the legal and moral implications of some fundamental Islamic principles. With an emphasis upon concision and concentration of meaning each aphorism, and its accompanying commentary, is full of value and significance.

Dr. Shahrul Hussain is Lecturer in Islamic Studies at Markfield Institute of Higher Education, United Kingdom. He studied classical Islamic studies and Arabic before attending the University of Al-Azhar, Cairo, Egypt, where he graduated from the Faculty of Islamic Jurisprudence and Law in 2001. In 2010 he completed his PhD at the University of Aberdeen, Scotland.

Product Details

ISBN-13:	9781847740960
Publisher:	Kube Publishing Ltd
Publication date:	04/18/2017
Series:	Treasury in Islamic Thought and Civilization , #3
Pages:	160
Product dimensions:	4.60(w) x 7.10(h) x 0.60(d)

About the Author

Shahrul Hussain: Dr. Shahrul Hussain is Lecturer in Islamic Studies at Markfield Institute of Higher Education, UK. He studied classical Islamic studies and Arabic at a specialist Islamic seminary, Darul Uloom Al-Islamiyah Al-Arabiyah College, Birmingham. After graduating from Darul Uloom he won a scholarship to study at the pre-eminent University of Al-Azhar, Cairo, Egypt, and graduated from the Faculty of Islamic Jurisprudence and Law in 2001. In 2010 he completed his PhD at the University of Aberdeen, Scotland.

Table of Contents

INTRODUCTION

PART ONE
1: al-Umuru bi-maqasidi-ha : Acts are judged by their goals and purposes
2: There is no reward without intention
3: Combining two acts of worship with one intention
4: In contracts regard is paid to objectives and meanings
5: Regard is paid to will and not to words
6: No regard is paid to implication when explication is found
7: Giving preference to others over oneself in acts of worship is disliked but laudable in all other circumstances
8: Regard is paid to intentions and beliefs in transactions and expressions as it is in acts of worship
PART TWO
9: al-Darar yuzaal : Harm must be eliminated
10: Specific harm is endured in order to supress general harm
11: Warding off harm has priority over bringing about benefits
12: Dire exigency renders lawful the unlawful
13: Whatever is rendered lawful due to dire exigency must be proportionate to the need
14: When two evils unite take the lesser of the two
15: Harm is not replaced by another harm
16: Need becomes the same as dire exigency
17: There is no harm or reciprocating harm
18: That which is unlawful to take is unlawful to give
19: That which is unlawful to do is unlawful to request
PART THREE
20: Al-‘Adah muhakkama: Customary usage is the determining factor
21: People’s customary practise is legal proof and must be regarded
22: What is rejected by custom is rejected in reality
23: Literality is abandoned in favour of custom
24: Custom is established when it becomes constant or dominant practise
25: Regard is paid to the dominant and widespread and not to the unwonted
26: That which is known in custom is like a stipulated precondition
27: That which is customarily loathsome is loathsome is acts of worship
28: Rulings change due to the change is times
30: If the prohibition conflicts with the necessary the prohibition is given preference
PART FOUR
31: Al-Yakin la yazulu bil-shakk: Certainty is not overrule by doubt
32: The original rule is freedom from responsibility
33: The original rule is lawfulness
34: The original rule is the literal meaning
35: The original rule is continuity of the past ruling
36: when the lawful and unlawful mixed, the unlawful dominates
37: Al-Mushaqqa tajlib al-taysir: Hardship begets facility
38: When matters become too constricted it is broadened and when it is too broadened it is constricted
39: Property is transferred by guarantee
40: Actions are attributed to the doer and not to the instigator
41: If the doer and the causer are blamed the action is attributed to the doer

FURTHER READING

Editorial Reviews

"A Treasury of Sacred Maxims did not disappoint; in fact it added to a key under represented area of fiqh. A deceptively succinct text that covers forty legal Maxims but goes beyond a mere introduction. One would expect a legal discussion, however Dr. Shahrul Hussain has added a moral aspect to each legal maxim. An excellent text which can be memorised alongside a primer fiqh text in any Islamic studies curriculum.”— Mufti Amjad M Mohammed

“This inspiring collection... will help deepen the understanding of key aspects of Shariah in its legal and ethical dimensions.”— Islamic Voice

“A little book with loads of wisdom.”— Islamic Voice

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