Maximes du Fiqh (Al-Qawā'id Al-Fiqhiyyah)

Les Maximes du Fiqh (Al-Qawaid Al-Fiqhiyyah) constituent un recueil de principes et de maximes juridiques islamiques classiques, offrant des conseils concis sur les règles de la charia. Ouvrage essentiel pour les étudiants et les érudits en jurisprudence islamique.

Dar Makkah International Publishing

• Shaykh Abdur Rahman Bin Nasir comme Sa'di

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القواعد الفقهيةMAXIMS OF FIQH (AL-QAWA'ID AL-FIQHIYYAH)BY SHAYKH ABDUR-RAHMAN BIN NASIR AS-SADIDAR MAKKAHINTERNATIONAL
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Al-Qawa'id Al-Fiqhiyyahالقاعدة العاشرة: العبرة بالغالب ولا عبرة بالنادرMAXIM TEN: CONSIDERATION IS GIVEN TO THE GENERAL RULE AND NOT THE EXCEPTIONAL CIRCUMSTANCEThis means that issues that agree in routine and reason, but differ in some circumstances whereby a legislated reason cannot be found for it, then in such cases, the general ruling is adhered to even if there is no (legislated) reason. Travelling demonstrates this: many permits are legislated with respect to travelling because it is considered a kind of hardship, such as shortening and combining prayers, breaking a fast, etc. As such, if a traveller does not find any difficulty in travelling at all, it is not said to him that he is not allowed any of the permits of travelling due to the absence of the rightful reason (for such permits). Rather, all of the permits of travelling are permissible for him to take, in conjunction with exceptional circumstances being considered by general rulings.Likewise, a resident combining two congregational prayers due to it raining; this is permissible for whoever is in the masjid, home and whose way to the masjid is a roofed passage.42
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[3] A Preferred Matter Is Examined For What Makes It Better Than Others; And That Is Evident By Any Given Cause Connected To The Preferred Action; It Is Then Necessary To Prefer It Over The Others [4] If Two Harms Clash, The Lesser Of The Two Is Carried OutMaxim Six: Intention, Islam, Sanity And Tamyiz Are Stipulations For The Correctness Of All Actions, Except Tamyiz During Hajj And 'Umrah; Apostacy Nullifies All Actions.303132Maxim Seven: Differing With The Disbelievers Is Legislated In The Sharia 36Maxim Eight: The Male Is Equal To Two Females In Various Matters38Maxim Nine: If Two Acts Of Worship From The Same Type Come Together And Carrying Them Both Out Is The Same, Then It Is Sufficient To Do One Of Them39Maxim Ten: Consideration Is Given To The General Rule And Not The Exceptional Circumstance42Maxim Eleven: Certainty Is Not Removed By Doubt The Basic Rule Regarding Things Is Purity4445The Basic Rule Regarding Foods Is That They Are Lawful45The Basic Rule Regarding Sexual Intercourse Is Prohibition45The Basic Rule Regarding The Life Of The Protected Citizen, His Wealth And Honour, Is ProhibitionThe Basic Rule Regarding Acts Of Worship Is One Of Prohibition The Basic Rule Regarding Customary Acts Is One Of LawfulnessMaxim Twelve: Custom And Habits Both Return To Every Ruling The Legislator Makes But Does Not Confine
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CONTENTSA Short Biography Of Shaykh Al-Sa'di Translator's NoteTHE MAXIMS OF FIQH[The Reason Why The Shaykh Wrote This Book][Introduction]Maxim One: All Matters Are Considered By Their IntentionsMaxim Two Is Comprised Of Three Sub-Maxims:1. Necessities Legalise Prohibitions2. Needs Eliminate Dislikes3. A Necessity Is Measured By Its ExtentMaxim Three: The Rulings On The Means Are Like The Rulings On The Ends; Whatever Is Necessary To Complete An Obligation Is Itself An ObligationMaxim Four: Hardship Entails EaseMaxim Five: Repelling Harm Takes Precedence Over Obtaining Benefit; If Two Benefits Clash, Then The Predominant One Takes Precedence, And The Preferred One Is Examined For What Makes It Better Than Others; And If Two Harms Clash, The Lesser Of The Two Is Carried Out. [1] Repelling Harm Takes Precedence Over Obtaining Benefit[2] If Two Clear Benefits Clash, And It Is Not Possible To Do Them Both, And In The Event Of Doing One The Other Will Be Missed, The Predominant Of The Two Takes Precedence