Maxims of Fiqh by zhangyun


									           Taught By Shaikh Isam Rajab

              Maxims of Fiqh
                                        Year 3 Semester 1

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           Maxims of Fiqh - Semester 5 Class 3


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           Maxims of Fiqh - Semester 5 Class 3

                        Evolution of
                       Maxims of Fiqh

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                            Phase one
                    Many maxims were derived from
                     the texts of the Book.
                    These maxims were not formed at
                    The oldest resource is the book of
                     Kharaj for Imam Abu Yusuf where
                     he included some rules formed as

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                 1.   The unspecified punishment is to
                      the Imam based on the
                      magnitude of the crime.
                 2.   Everyone who dies and has no
                      heirs; his money goes to Bait Al
                 3.   The Imam is not to take a
                      property that belongs to a Muslim
                      without a clear right.
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                    Muhammad ibn Al Hasan also
                     formed his book on a maxims
                    Then we look at the book of Imam
                     Ashafi‟e (Al Umm) and we find
                     many maxims in his book:
                    If the greater falls, what is smaller
                     falls as well.
                    Concessions are not to be
                     extended to other cases.

                    Imam Ahmad also has some
                     maxims: it is permissible to gift
                     what you can sell.
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                         Second phase
                    As a separate knowledge, Maxims
                     of Fiqh became known in the fouth
                    Upon the spread of taqlid in the
                     fourth century, many books were
                     written according to one school of
                     thought, many books also
                     discussed other opinions to
                     support the opinion of their Imam.
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                    New issues were present before
                     scholars, many branches of fiqh
                     with many cases were written,
                     thus scholars attempted to
                     organize these cases and issues
                     under the same rules. Sometimes
                     there are cases that are thought to
                     be similar while they are different
                     so scholars wanted to distinguish
                     between these cases and thus we
                     have the books of Furouq.

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                    The first to write in Qawa‟id Al Fiqh
                     are hanafi scholars.
                    Abu Tahir Addabbas is the first one
                     to separate the maxims. He wrote
                     17 maxim which are the most
                     important maxims in the fiqh of
                     Imam Abu Hanifah and he used to
                     repeat them every night.
                    But the true beginning and the
                     nucleus to this knowledge began
                     by Abu Al Hassan Al Karkhi D. 340
                     who is a contemporary to
                     Addabbas. He collected 39 maxim.
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                    After these writings we don‟t find
                     true books about maxims till the
                     7th century where we find many
                    Imam Al „Izz ibn „AbduSsalam
                    Imam Al Bakri Al Qafsi D.685

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                      The Golden Age
                    The eighth century is considered
                     the golden age for maxims of fiqh
                     where we find many books written
                     especially in the Shafi‟e school of
                    Al Ashbah Wannathair: Ibn Al
                     Wakeel D.716
                    Al Qawa‟id: Al Maqqari D.758
                    Al Manthour. (Scattered or
                     dispersed). Azzarkashi D.794
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                    Then scholars didn‟t stop writing
                     till the tenth century where we find
                     few books that summarized and
                     reconciled between the books as
                     we see in the book Al Ashbah
                     Wannathair for Imam Assuyuti
                     D.911 who combined three books
                     together in his book.
                    Also Imam Abu Al Hasan Attujibi
                     D.912 composed a poem where he
                     gathered the maxims of Maliki
                     school of thought.
                    Also Ibn Nujaim D.970 wrote the
                     book Al Ashbah Wannathair.
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                     Eighth Introduction
                    Two issues:
                    First Issue:
                    Maxims are formed in two ways:
                      A report.
                      A question.

                    Why is that?

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                    If a maxim is formed as a question
                     then this is an indication that the
                     maxim is not agreed upon by all
                     scholars .
                    If a maxim formed as a report then
                     this is to tell you that the maxim is
                     agreed upon by all scholars.

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                    Second Issue:
                    There is a new term that is
                     formulated recently by some
                     scholars where they use the term

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                 Ninth Introduction

                      Most Important
                       writings in
                      Maxims of Fiqh

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                     It is very difficult to list all writings
                      in Maxims of Fiqh for several
                 1.    Books are so many and diverse in
                       their subject and style.
                 2.    Many of these books are lost.
                 3.    Most of books are still
                       manuscripts in libraries around
                       the world.

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                    The first book to be written is the
                     book of Abu Al Hasan Al Karkhi
                    Al Furouq for Imam Al Qarafi
                    Ibn Ashatt Al Maliki wrote a book
                     as a supplement to Imam Al
                     Qarafi‟s book.
                    Ibn Taymiyah‟s Book: Al Qawai‟d
                    Al Ashbah Wannatha‟ir: Ibn Al
                     Wakil, Assubki, ASsuyuti and Ibn
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                    We can divide the books of Maxims
                     to 3 groups:

                    First group:
                    Books that included only maxims
                     and divided them to grand maxims
                     and other maxims. Of these books:
                    Al Ashbah Wannathai‟r for Assuyuti

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                    Second group:

                    Books that included maxims and
                     rules without differentiating
                     between maxims of fiqh and
                     maxims of Usool. Of these books:
                    Al Furouq for Al Qarafi D.684 he
                     wrote 548 maxim or difference
                     with examples.
                    Al Qawi‟d for ibn Rajab. D.795 he
                     wrote 160 maxim.
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                    Third group:

                    Books added to this knowledge
                     either because they are titled with
                     “Maxims” or because they may
                     include some maxims. Yet after
                     thorough study and investigation
                     we find that these books don‟t
                     belong to the Maxims of Fiqh:
                    Qawa‟id Al Ahkam. Al „Izz ibn
                     „AbdiSsalam D.660. his book
                     discusses the advantages of
                     legislation and the wisdom of
                     commands and prohibitions.
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                          Al Ashbah
                    Imam ASsuyuti divided his book to
                     7 chapters:
                    First chapter includes the grand
                     maxims of Fiqh. 5 maxims.
                    Second chapter includes major
                     maxims. 40
                    Third chapter includes 20 maxim
                     that are not agreed upon.

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                    The remaining chapters include
                     rulings that every jurist should
                     know and major rules that are
                     repeated in almost every chapter
                     of Fiqh and other rules that belong
                     to one chapter of fiqh or more
                     then different rules.
                    The total maxims that are
                     mentioned in his book: 130.

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                      Maxims of Fiqh
                      The first grand
                    Things (matters)
                     based on their

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