The Most Important Legal Maxims Governing Citizenship in Islamic Law
Abstract
Al-qawāʿid al-fiqhīyah or legal maxims of Islamic Law are the general rules of fiqh
that depict the goals and objectives of the Sharīʿah. They are applied in numerous
circumstances that come under the common decrees and play a very significant role
in deducing many rules of fiqh since they provide a parameter to turn up with
specific ḥukm. There are five leading maxims, as replicated in the Majallah, such as,
al-umūr bi maqāṣidihā (matters are determined according to intentions), al-yaqīn la
yazūl bi alshakk (certainty is not over ruled by doubt), al-mashaqqah tajlib al-taysīr
(hardship begets ease), al- ḍarar yuzāl (harm should not persist) and al-ʿādah
muḥakkamah custom is a basis for judgment). Other than these five leading maxims,
which are applicable to a number of legal principles, there are other maxims, which
are not as extensive as the main maxims, but nonetheless, address a number of more
detailed issues in fiqh. This paper seeks to analyze those maxims, other than the
leading maxims, which are related to the most important Legal maxims and controls
governing citizenship in islamic Law. I tried to study the views of the past and
contemporary scholars, and presented their opinions, compare and discuss them
from what Allah opens to me. The modern world has witnessed many phenomena,
which is very important, to muslim to know the sharia ruling regarding it. At the end
conclusion drawn from variant views of the scholars and the main findings and
recommendations have been given.
Abdullah Abubakar Ahmad. (2020) أهم القواعد الفقهية الحاكمة للمواطنة في الشريعة الاسلامية, Bannu University Research Journal in Islamic Studies, Volume 7, Issue 1.
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