Legal Maxims in Islamic Criminal Law: Theory and Applications (Brill's Arab and Islamic Laws Series, 9)

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 (maq id al-Shar ah), generally. Included in this examination are the following maxims: al-Um r bi-Maq idih ("Matters shall be Judged by their Objectives"); al-Yaq n l Yaz l bi-sh-Shakk ("Certainty Cannot be Overruled by Doubt"); al-Mashaqqa Tajlib at-Tays r ("Hardship begets Facility"); L arar wa-l ir r ("No Injury or Harm shall be Inflicted or Reciprocated"); and al- da Mu akkama ("Custom is Authoritative")."