Injunctions in the Sharia

Within the above titles scope it’s ideal to take in many aspects of Sharia law in order to illustrate the explanation of the required elements. For the purpose of the above title it is important to explore the terms and concepts of Legal Maxims, Hukm, Niyya, and Fiqh. Legal Maxims form the goals and objectives of the Islamic legal system these detailed expositions enable the jurist at a later stage to reduce them to the abstract statements of principles they are designed to enable a better understanding of Islamic law and the evolution of legal maxims “The rules of the Sharia signify the set of principles determined with the precision and their subordinate legal Maxims which the great Muslims jurists have derived from the Quran the Sunna to determine the islamicity of any act, institution and policy” (Islamic-World Net., 2003) Legal maxims are generally seen as general rules and are seen as abstract theories that can be used in order to enable jurists to establish the purpose and objectives of Islamic law, where the individual and the community’s welfare are the priority of the rules of islam. There are five main objectives of Sharia all to do with preservation. Preservation of faith, life, intellect, Human existence and wealth. The concept of legal maxims can be divided into two different types, that of general and that of restricted and they are applied to all the branches of Sharia.

Quite simply general rules would be the first stopping point for a scholar when looking at Sharia and it is injunctions when identifying detailed injunctions and general rules it is useful to clarify firstly the difference between Sharia and fiqh. It is commonly known that Sharia is the laws stipulated by Allah for the followers of Islam. Then ...

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