4/04/2012

99 Islam legal maxims


Muslim Jurists have grouped questions of jurisprudence under certain general rules each one of which embraces a large number of questions. These general rules are taken in the treatises on jurisprudence, as justification to prove these question. (These preliminary study of these rules facilitates the comprehension of the questions and serves to fix them on the mind.) Consequently the ninety-nine (99) rules of jurisprudence have been collected together ... Although a few of them, taken alone, admit of certain exceptions, their general application is in no way invalidated thereby, since they are closely interrelated.


The original Arabic is basically quoted from the original Arabic text by Mahmasani.
The English translation is from the translation by Farhat J. Ziadeh.

means PEACE in Arabic


Article 1: "Matters are determined according to intention"

Article 2: "In contracts effect is given to intention and meaning and not words and forms"

Article 3: "Certainty is not dispelled, (does not dispel caused), by doubt."

Article 4: "It is a fundamental principle that a thing shall remain as it was originally."

Article 5: "Things which have been existence from time immemorial shall be left as they were."

Article 6: "Injury cannot exist from the time immemorial."

NOTE:  this one I find particularly interesting because of all the long-standing conflicts in the Middle East

Article 7: "Freedom from liability is a fundamental principle."

Article 8: "Non-existence is a fundamental presumption attached to intervening (transitory) attributes."

Article 9: "Judgment shall be given in respect to any matter, which has been proof at any particular time, unless the contrary is proved"

Article 10: "It is a fundamental principle that any new event shall be regarded as happening at the time nearest to the present."


To read all 99 maxims, click here . . .

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