Legal Maxims in Islamic Criminal Law: Theory and Applications

Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law (maqasid al-Shari'ah), generally. Included in this examination are the following maxims: al-Umur bi-Maqasidiha ('Matters shall be Judged by their Objectives'); al-Yaqin la Yazul bi-sh-Shakk ('Certainty Cannot be Overruled by Doubt'); al-Mashaqqa Tajlib at-Taysir ('Hardship begets Facility'); La Darar wa-la Dirar ('No Injury or Harm shall be Inflicted or Reciprocated'); and al-?Ada Muhakkama ('Custom is Authoritative').