QAWAID FIQHIYYAH

RELATIONSHIP BETWEEN QAWAID

FIQHIYYAH AND MAQASID AS SYARIAH

FROM GROUP 10 :



ABDULLAHI AHMAD MOHAMED268876

NURUL HANIS BINTI KASIM 273036
NUR AFIQAH BINTI AZIZAM 273167
NURUL SHIFA BINTI MOHD FADIL 273180

Hello and
welcome to my

English Class!

Introduction

Fiqh is a general understanding of Islamic concepts and the regulations included within, as

stated by Qawaid fiqhiyyah. Understanding of various legal concerns, which can be

classified into categories based on the type of legal topic being studied. While the Maqasid

al-Shariah in term of Islamic law, it refers to the deeper meanings and inner components of

wisdom that the Lawgiver (Allah) considers in specific regions and circumstances. They

include the Shariah's universal qualities. The general norms and particular evidence of the

Shariah show that the overarching principle of Islamic law is to maintain social order and

support the well-being of communities.So, in this assignment, we'll look at how the qawaid

fiqhiyyah and the maqasid syariah are related. We also present certain issues in order to

reinforce our discussion.

QAWAID "The practice is judged by intention, and each
FIQHIYYAH individual is judged based on his intention," said

(LEGAL MAXIMS) the Prophet S.A.W in a hadith..(Sahih Bukhari)
Any action or word by a person should be
First Legal Maxim: interpreted in accordance with his intention
Al-‘umur bi maqasidiha
(matters are determined because human actions are motivated by a specific
according to the intention aim

behind them) In Islamic economics, both the end and the means
to achieve it are mutually inclusive and responsible,

and the means may also justify the end. in Islam,
the means are equally as essential as the aim

QAWAID The Prophet said in a hadith, "If any of you feels
FIQHIYYAH something in his stomach and wonders whether
something has come out of it or not, he shall not

leave the mosque until he hears the sound or
smell."

(LEGAL MAXIMS) An issue that has been settled by a foregone
conclusion based on inevitable conviction and
Second Legal Maxim: declared safe by competent legal minds, cannot

be re-challenged on the basis of doubt.

Al-yaqin la yazulu bil-shakk Their application to economic transactions could
(what is certain cannot be be extended such as usury (riba) has been explicitly
prohibited in all forms of Islamic economic
removed by doubt) transactions

QAWAID "Allah intends every convenience for you, and
FIQHIYYAH He does not want to put you in any hardship"

(LEGAL MAXIMS) (Qur'an 2:286)
This maxim implies that in Muslim socioeconomic
Third Legal Maxim:
Al-mashaqqah tajlib al-taysir life, difficulty is not the ideal. As a result, during
difficult times, Muslims are urged to relax the
(hardship begets facility) rules if their enforcement would cause hardship


to the people.

QAWAID The hadith La arar wa la dirar meaning:
FIQHIYYAH "damage may neither be inflicted nor
reciprocated in Islam"; Ibn Majah
(LEGAL MAXIMS)
All destructive and injurious activities must not
Fourth Legal Maxim: only be avoided, but also prevented in all
La dharar wa la dhirar situations.
The effort to inflict violence on individuals
(harm shall not be
inflicted nor without justification is not sanctioned by Islam as a
reciprocated) religion

As a result, harming one person in order to benefit
another, which is axiomatically represented in

conventional economics as "robbing Peter to pay
Paul" (Tach & Greene, 2014), is prohibited in Islam.

QAWAID "The practice is judged by intention, and each
FIQHIYYAH individual is judged based on his intention," said the

(LEGAL MAXIMS) Prophet S.A.W in a hadith..(Sahih Bukhari)
The term "custom" refers to a group's established
Fifth Legal Maxim: customs over a longer period of time. These practises
Al-‘adah muḥakkamah were sanctioned in Islamic law through another Shar'ah
(custom is a basis for concept known as 'urf (Qur'an 7:199), which became the
foundation for determining the norms for managing
judgment)
the people's cultural life over a period of time.

QAWAID
FIQHIYYAH

(LEGAL MAXIMS)

Hardship begets ease (al mashaqqah tajleb al tiysir) &

Protection of life

Sheikh ‘Ali al-Qarah Daghi, Secretary of the World Union of Islamic Scholars, has stated
that it is necessary to abandon Friday prayers and congregational prayers in a situation
where the virus is spreading due to fear of being infected with the virus. He mentioned
that the necessity was necessary because the fear of the spread was sure to happen
and not mere conjecture.
The legal maxims of hardship begets ease give hardship
by leaving friday prayers to protect our life from the virus.
It can also be linked to qaidah number 1 & 2 in hardship
beget ease which is If the covid 19 disease ends, then the
law of performing Friday prayers will become mandatory
again.

Harm must be eliminated (la darar wa la dirar) & Protection

of intellect

The effects of alcohol can cause loss of coordination of movements and
disturbances to judgment and sanity. Next, the effects of drinking
alcohol will cause hangovers such as headache, nausea, vomiting,
diarrhea, bowel movement disorders and trembling for several hours.
Furthermore, continuous alcoholic beverage use, especially in excessive
amounts, can have a harmful impact on the body's organs.

It can be related with qaidah number one in principle harm must be eliminated ( al
darar yuzal ) which is harm should be avoided as much as possible .In this qaidah,
the event of this harm must be eliminated and addressed immediately so that
taking this action does not continue against that student.

His consumption of alcohol is a harm that should be avoided in order to protection
our intellect.

Certainty is not overruled by doubt &
Protection of property

A perfect life for human is inextricably linked to property
ownership and control. usury, embezzlement, corruption and fraud

must all be avoided, the same can be said about
family institution

such as the split of inheritance and so on. For example, the
property of al-Mafqud which refer as a property of a person who
has been gone for a long time.

According to Qaidah No Argument with the possibility of arising based on the evidence, whereby
what has been established in any specific period should continue as it was unless the contrary is
proven .Until his death is proven by clear proof, certainty will take place, and no claim to his death
will confirm the allocation of his property among his heirs.

Harm must be eliminated & Protection of
lineage

Therefore, it can be attribute to Qaidah harm should be avoided as much as possible. Harm is defined as
negative consequences from religious standpoint, as well as a set of rules based on society norms that do
not contradict shariah's objective and values.

For example, in the case of incest which the sexual intercourse happened between family members or
relatives which can identified as a type of sexual abuse that harm physical, mental and social health. It
also damage the relationship between the family members and can lead to defects in the household.

Factors such a weak faith and failure to control lust when some
teenage girls with the way of dress that can threaten especially men
who fail to communicate and channel instincts and sexual desire
formally. This is why, in Islam, the setting of aurat limits for male and
female must be comply to avoid harm to her and himself that can
lead to rapes and zina, and to protect dignity and lineage.

Acts are judge One of the things that the Sharia was
by intention (al established to guard and preserve is
religious practice. Muslims are increasingly
umur going into the houses of worship of other
maqasidiha ) & religions without checking to see if they
protection of are welcome or not. It is clear that when
Mafsadah and Maslahah are combined,
religion individuals are obligated to abandon both
of them for as long as they are unable to
derive benefit from each individually.

Requirements
for Class

07/17

Open QUESTION
Discussion
Take the lesson further by talking about
concepts and definitions. Duplicate this page
as many times as needed.

QUESTION

Take the lesson further by talking about
concepts and definitions. Duplicate this page
as many times as needed.

QUESTION

Take the lesson further by talking about
concepts and definitions. Duplicate this page
as many times as needed.

HISTORY LESSON | BOCKFORD SCHOOL

Evaluation

Thank You!

Do you have any questions for me before we go?