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MAJOR COMPREHENSIVE MAXIMS - Coggle Diagram
MAJOR COMPREHENSIVE MAXIMS
Certainty is not overcome by doubt. (Maxim 9).
No consideration is given to conjecture that is obviously tainted by error. (Maxim 10)
Freedom from liability is the pre-existing and therefore prevailing state. (Maxim 11)
The basic rule is that a thing remains in its original state. (Maxim 12)
The presumptive rule is that transitory attributes do not exist. (Maxim 13)
The presumption is that a development of legal significance is only of recent occurrence. (Maxim 14)
Unlikely possibilities are given no consideration.
Matter are determined by intention. (al-umur bi maqasidiha) Maxim 6
In contract, greater weight is given to intention and meaning than words and forms. (Maxim 7)
Hardship begets facility. (Maxim 15)
That which is easy cannot be waived due to that which is difficult. (Maxim 16)
Necessity render the prohibited permissible. (Maxim 17)
Necessity is to be (treated according to its magnitude/assessed and treated proportionally). (Maxim 18)
Need, whether general or specific, is treated as necessity. (Maxim 19)
Harm is to be eliminated. (Maxim 20)
Averting harm takes precedence over achieving benefit. (Maxim 21)
Private harm is to be borne in order to ward off public harm.
Harm in not to be removed by harm.
The greater harm is to be remove by lesser harm.
Custom is an arbiter. (Maxim 24)
[The authority of} a written [statement] is a tantamount to that of an oral [one]
Evolution of Shari'ah rulings [based on the custom and
ijtihad
] due to changing times is not be denied. (Maxim 27)
Standard practice among trades is like a stipulation among them.
People's usage is a proof that must be applied.
A matter recognized by the custom is like a [contractual] stipulation. (Maxim 25)
Consideration is given to the predominant and widespread, not to the rare. (Maxim 26)
Giving effect to words is preferable to giving them no effect (Maxim 8)
When the impediment is removed, the original Shari'ah rule is restored to full effect. (Maxim 22)
[Violation] may be tolerated in the means of performance but not tolerated in the objectives. (Maxim 23)