Maxims of Fiqh | Al-Qawa'id Al-Fiqhiyyah By Shaykh Abdur Rahman Nasir as-Sa'di

The Maxims of Fiqh, or al-qawa'id al-fiqhiyyah, are part of a specific science which falls under the category of fiqh, A maxim is defined as a general rule by which subsidiary fiqh rulings are known by directly.

The maxims of fiqh are mostly comprehensive statements which combine multiple subsidiary issues which resemble one another in purpose and deduction, while others are based on specific Quranic verses or Hadith.

The five maxims which are considered all-encompassing, and many fuqaha refer issues of fiqh to them; they are commonly referred to as the all-encompassing great maxims of fiqh, or al-qawa'id al-fiqhiyyah al-kulliyah al-kubra; they are:

1. All matters are considered by their intentions.
2. Certainty is not removed by doubt.
3. Hardship entails ease.
4. Harm is to be eliminated.
5. Customary practices are legislative.

The first book to be dedicated to this science was penned by Imam al-Karkhi al-Hanafi (d. 340 AH) and is known as Usul al-Karkhi; it contains 39 principles, some of which are considered maxims while others are dawabit (precepts). Over the centuries, scholars from different madhhabs have contributed to the science and the author of this work, Imam al-Sa'di has no less than three books on the subject alone.