Sources of Legal Maxims of Islamic Law

Abstract

This topic is most important for the researchers of Islamic law as most of the Islamic
laws are based on the clear wordings of Qur'an and Sunnah of Holly Prophet Peace
Be Upon Him. Most of the Legal Maxims of Islamic Law have also been used or
derived from these basic sources of Islamic Laws. Some jurists are of the opinion that
these Maxims play no role in providing the law, but in fact they play an important role in
this regard. Legal maxims have attained this position in west also as most of the laws
in west rely on the Maxims of their law. In Islam these Maxims also provide some laws,
as some of the Maxims have been derived direct from the Qur'an and Sunnah. So,
there must be no doubt on authenticity and legal position of these Maxims. This article
provides the literary and technical definitions of Islamic Legal Maxis, its sources and
role in Islamic Laws. Some illustrations have been provided for the use of the same
words of the maxims in Qur'an and Sunnah and these maxims will have the same
authority as of the Qur'an and Sunnah. Some expediencies, customs and usages and
obstruction of the ways have been discussed to prove them to be the sources of
Islamic Legal maxims and some examples have been provided for the same