Top 50 Qawāʿid al-Fiqhiyyah (Islamic
Legal Maxims)
This document presents 50 of the most widely used Qawāʿid al-Fiqhiyyah (Islamic Legal
Maxims), categorized into Major Maxims, Minor Maxims, and Branch-Specific Maxims. Each
maxim includes its Arabic form, English translation, simple explanation, and an example for
practical understanding.
1. Major Universal Maxims
Actions are judged by intentions ()األمور بمقاصدها
Explanation: Intentions determine the legal value of an act.
Example: Praying to show off = no reward.
Certainty is not removed by doubt ()اليقين ال يزول بالشك
Explanation: Certainty in a matter is not overruled by mere doubt.
Example: You are sure you did wudū’. Later you doubt if you broke it → wudū’ still valid.
Harm must be removed ()الضرر يزال
Explanation: Harm must be prevented or removed under Sharīʿah.
Example: Blocking harmful trade practices.
Hardship brings ease ()المشقة تجلب التيسير
Explanation: Difficult situations allow for legal leniency.
Example: Can sit in ṣalāh if unable to stand.
Custom is a basis for judgment ()العادة محكمة
Explanation: Recognized customs can be considered if not against Sharīʿah.
Example: Dowry customs in marriage.
2. Minor Maxims (Frequently Used)
Includes principles like 'Necessity permits the prohibited', 'Preventing harm takes
precedence over achieving benefit', etc.
3. Branch-Specific Maxims
Includes rules applied only in transactions, worship, judiciary, etc.
4. 20 Commonly Used Qawāʿid (Legal Maxims)
Necessity makes the prohibited permissible ()الضرورات تبيح المحظورات
Explanation: Severe need can temporarily allow forbidden actions.
Example: Eating pork to survive when starving.
Preventing harm is prioritized over achieving benefits ( درء المفاسد مقدم
)على جلب المصالح
Explanation: Avoiding harm comes before gaining benefits.
Example: Blocking a new technology that risks harming people.
Harm is not removed by another harm ()الضرر ال يزال بالضرر
Explanation: Solving a problem should not cause another equal or worse harm.
Example: Kicking someone off land unfairly to house another is not allowed.
Neither causing harm nor reciprocating harm ()ال ضرر وال ضرار
Explanation: You may not harm others nor return harm unjustly.
Example: Blocking your neighbor’s sunlight intentionally is not allowed.
What is necessary to fulfill an obligation is itself obligatory ( ما ال يتم الواجب
)إال به فهو واجب
Explanation: Anything essential to fulfill a farḍ becomes farḍ.
Example: Washing entire arm in wudū’ since it's part of the obligation.
When a matter becomes tight, it expands ()إذا ضاق األمر اتسع
Explanation: Sharīʿah allows ease during severe constraints.
Example: Making tayammum when water is not available.
Custom is a basis for judgment ()العادة محكمة
Explanation: Cultural norms are valid unless they contradict Sharīʿah.
Example: Gift expectations in local marriage customs.
What is known by custom is like a stipulated condition ( المعروف عرًف ا
)كالمشروط شرًطا
Explanation: Unwritten customs can count as conditions.
Example: Employers expected to pay on time as per societal custom.
Hardship brings ease ()المشقة تجلب التيسير
Explanation: Sharīʿah gives ease when faced with hardship.
Example: Fasting exemption for sick people.
Certainty is not removed by doubt ()اليقين ال يزول بالشك
Explanation: Doubt doesn't cancel what is certain.
Example: Still in wudū’ if unsure about breaking it.
The default is freedom from liability ()األصل براءة الذمة
Explanation: You're not responsible unless proven otherwise.
Example: You're not in debt unless evidence proves it.
The default in things is permissibility ()األصل في األشياء اإلباحة
Explanation: Worldly matters are allowed unless clearly forbidden.
Example: Wearing a new type of clothes unless it contradicts Sharīʿah.
Islam wipes out what came before ()اإلسالم يجب ما قبله
Explanation: Previous sins are erased upon accepting Islam.
Example: A convert does not need to redo past good/bad deeds.
Right and wrong cannot co-exist ()الخطأ والصح ال يتالزمان
Explanation: Truth and falsehood cannot be joined together.
Example: A prayer done with shirk is not accepted.
Concessions cannot be transferred ()الرخص ال تنقل
Explanation: A concession granted to one cannot be used by another.
Example: Traveler’s concession doesn’t apply to a resident.
What is assumed absent is treated as present in ruling ( المعدوم كالموجود
)في الحكم
Explanation: Rules may apply even if something isn't physically present.
Example: Inheritance from a missing person after fixed waiting period.
One ijtihād is not nullified by another ()اإلجتهاد ال ينقض باإلجتهاد
Explanation: Fatwa based on ijtihād stays valid unless text proves otherwise.
Example: Different scholars with different valid ijtihād can coexist.
Silence is not considered consent ()ال ينسب إلى ساكت قول
Explanation: Silence cannot be assumed as approval.
Example: A person who says nothing is not agreeing unless proven.
Gain comes with liability ()الغنم بالغرم
Explanation: You get the profit, you bear the risk.
Example: Business partners share profits and losses.
Ignorance of the law is no excuse ()الجهل بالقانون ال يعذر
Explanation: Not knowing Sharīʿah is not always an excuse.
Example: Claiming to not know interest (ribā) is ḥarām is not valid.
