Abstract
Islamic legal maxims have been utilized for justifying juristic rulings in diverse
issues throughout the centuries of Islamic scholarship. That’s why, the wording
of Islamic legal maxims must have been extracted from different sources of
Islamic law, like the primary sources including the Book of Allah, Traditions of
the Prophet (peace be upon him), consensus of opinion (Sayings of the
Companions, Sayings of the Successors and Sayings of the Successors of the
Successors) and analogical deduction as well as the secondary sources like
maslaha mursalah or istislah (public interest), istishab (presumption of
continuity). However, they were commonly developed and refined by the jurists
with the course of time.! A legal maxim binds the jurist to decree a judgment
only when it is strongly supported by a ruling of the Holy Qur’an or Hadith. A
legal maxim facilitates a jurist to exercise ijtihad and reach some legal decision
(hukm) and opinion (fatwa). From the perspective of primary and secondary
sources, Islamic legal maxims can be graded into 2 categories; textual and non-
textual.’
Dr Shahzadi Pakeeza, Fariha Fatima. (2018) Textual and Non-Textual Islamic Legal Maxims, Hazara Islamicus, Volume 7, Issue 2.
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