1. The document discusses fiqh (Islamic jurisprudence) and usul al-fiqh (the principles of Islamic jurisprudence). It explains that fiqh is the derivation of rulings from Islamic sources through scholarly interpretation, while usul al-fiqh governs the methodology. 2. The primary sources of fiqh are the Quran and hadiths. Secondary sources include ijma (consensus), qiyas (analogy), istihsan (juristic preference), sadd al-dharai' (blocking means), maslahah (public interest), urf (custom), and istishab (presumption of continuity). 3. Usul al

1.
FIQHFORECONOMISTS
ECON1530SECTION02
NOTEBOOKCOMPILATION
PRESENTEDTO:
DR.MUHAMMADIRWANBINARIFFIN
Group name: Tomatillo Matric No. Contribution
Ain Atiya Azmi bt Nazmi 1710222 20%
Shah Nur Aryana bt Shah Jahan 1713322 20%
Nor Aina Nashuha bt Mohamad Fikri 1718734 20%
Fatemeh Pilehrar 1311010 20%
Hossaein Md Faisal 1626161 20%

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1. In od on
"Islam" is the Arabic word which implies "submission to the will of God, Allah". Islam is an
extensive religion which is founded and based on faith in one supreme God, Allah. It is the way
of life of followers which is the youngest of the leading religion of the world. The main two
sources are the Qur'an and Sunnah from which all other rules and points are executed containing
statements on the matters of faith, ritual worship and worldly affairs as well.
Allah created humans and send them in this world to be tried and tested. For this Allah gave a
clear awareness of good and evil. This trial will continue till the death. If anyone successfully
passes the trial, he will be given the heaven where he will be free from the regrets of the past and
the fears of the future. The Qur'an is the last and final but not the first book of the religion it
presents.
Unity of Allah
The belief in tawhid or the Unity of God is the basis precious stone of Islam. A muslim can
understand from the first sentence of the syahadah that, “ there is no God except Allah”.
Allah is the creator of the heavens and the earth and all other creations. The article alif lam
connected to the world is for definition, and since the very beginning this name has been
specifically used for the lord of this world. Thus the qur’an says:
(َ‫ُﻮن‬‫ﻜ‬َ‫ﻓ‬ْ‫ﺆ‬ُ‫ﯾ‬ ٰ‫ﻰ‬‫ﱠ‬‫ﻧ‬َ‫ﺄ‬َ‫ﻓ‬ ۖ ُ ‫ﱠ‬ ‫ﻦﱠ‬ُ‫ﻟ‬‫ﻮ‬ُ‫ﻘ‬َ‫ﯿ‬َ‫ﻟ‬ َ‫ﺮ‬َ‫ﻤ‬َ‫ﻘ‬ْ‫ﻟ‬‫ا‬َ‫و‬ َ‫ﺲ‬ْ‫ﱠﻤ‬‫ﺸ‬‫اﻟ‬ َ‫ﺮ‬‫ﱠ‬‫ﺨ‬َ‫ﺳ‬َ‫و‬ َ‫ض‬ْ‫ر‬َ ْ‫اﻷ‬َ‫و‬ ِ‫ت‬‫ا‬َ‫ﺎو‬َ‫ﻤ‬‫ﱠ‬‫ﺴ‬‫اﻟ‬ َ‫ﻖ‬َ‫ﻠ‬َ‫ﺧ‬ ْ‫ﻦ‬َ‫ﻣ‬ ْ‫ﻢ‬ُ‫ﮭ‬َ‫ﺘ‬ْ‫ﻟ‬َ‫ﺄ‬َ‫ﺳ‬ ْ‫ﻦ‬ِ‫ﺌ‬َ‫ﻟ‬َ‫)و‬
If you asked them, "Who created the heavens and earth and subjected the sun and the moon?"
they would surely say, " Allah ." Then how are they deluded?
“ Laa ilaaha illallaah” is the conformation of oneness of Allah and the grounding of love which
benefits sanctity and sincerity in all acts of worship for Allah, Alone. That is carrying the
meaning of tawhid.

3. 3
Ethics or morality
Morality is a Latin word , meaning manner,character and behavior. Morality is a term derived
from the word “khuluq” meaning a man’s character and the nature. A man’s character and nature
would be his qualities and moralities. According to shari’ah terminology, morality are the
characteristics which Allah has ordered the muslim to abide by when performing his action, they
are the commands and prohibitions related to the qualities which a muslim should demonstrate
when performing his action be it acts of worships, transactions and others.Allah says:
Morality basically refers to a science concerning the question of right and wrong in the human
conduct, a normative science dealing with that how things ought to be. The islamic term similar
to the concept in different in scope and nature is “ilm al- akhlaq”. The characteristics of islamic
morality: ( shohibuddin hj laming, 2015)
1. Islamic morality cannot be separated from the other types of legislation such as ritual,
transactions etc. humility for instance does not manifest itself except in prayer, and truthfulness
and trust do not materialise except in transactions. Therefore morality cannot be separated from
the other commands and prohibitions for they are characteristics which appear only when the
human is performing the action.
2.The Islamic morals are not motivated by material gains as is the case with most people in
western societies. The Muslim is ordered to adhere to those morals regardless of benefit or loss,
he would be truthful before the tyrant ruler and he would be brave when holding him
accountable. Even if he suffered persecution and oppression, he would not compromise his
principles, for the Messenger of Allah (SAW) said: "The master of martyrs is Hamza and a man
who stood up to a tyrant ruler to advise him and was killed".
3.The Islamic morals, just like the Islamic Aqidah, conforms with the human nature, for
instance,being generous and hospitable to the guest and helping the needy conforms with the
instinct of survival; humility and modesty conform with the spiritual instinct. Mercy, clemency
and love conform with the instinct of the gender.

4. 4
2. Is a c Law (Fiq ) an Usu Fiq (Is a c
Jur r e c )
FI is the expertise, understanding and deep knowledge in order to formulate laws
regarding human actions," َ‫ﺮ‬ِ‫ﺋ‬‫ا‬َ‫ﺮ‬‫ﱠ‬‫ﺴ‬‫اﻟ‬ ‫ﻰ‬‫ﱠ‬‫ﻟ‬َ‫ﻮ‬َ‫ﺘ‬َ‫ﯾ‬ ُ ‫ﱠ‬ َ‫و‬ ، ِ‫ﺮ‬ِ‫ھ‬‫ﺎ‬‫ﱠ‬‫ﻈ‬‫ﺎﻟ‬ِ‫ﺑ‬ َ‫ﻢ‬ُ‫ﻜ‬ْ‫ﺣ‬َ‫أ‬ ْ‫ن‬َ‫أ‬ ُ‫ت‬ْ‫ﺮ‬ِ‫ﻣ‬ُ‫أ‬ " derived from the sources,
based on certain methodologies.
Fiqh is a human product which is the scholars’ interpretations.
It is NOT DIVINE. You can reject it. All of the founders of fiqh schools have declared that if their
opinions are not aligned to Qur’an and Sunnah, then we should reject their opinions.
It is NOT PERFECT. It can be reviewed. As time changes and circumstances change, so do
rulings on fiqh.
IT’S OKAY to have different opinions as long as we respect each other. Different views regarding
a certain issue is due to differences in methodologies.

5. 5
US FI is a science that deals on the methods by which rules of fiqh are extracted from
its sources.
Previously during the Prophet’s time, he was the point of reference whenever any issue arised.
He was ma’sum (protected againts any sin). If he did make a mistake, a revelation will come
down to correct him. The sources of fiqh during that time were the Quran, Sunnah and Ijtihad.
After the Prophet’s died, there was no more revelation and the religion was complete
“ 5:3 - ۚ ‫ﺎ‬ً‫ﻨ‬‫ِﯾ‬‫د‬ َ‫م‬ َ‫ﻼ‬ْ‫ﺳ‬ِْ‫اﻹ‬ ُ‫ﻢ‬ُ‫ﻜ‬َ‫ﻟ‬ ُ‫ﯿﺖ‬ ِ‫ﺿ‬َ‫ر‬َ‫و‬ ‫ﻲ‬ِ‫ﺘ‬َ‫ﻤ‬ْ‫ﻌ‬ِ‫ﻧ‬ ْ‫ﻢ‬ُ‫ﻜ‬ْ‫ﯿ‬َ‫ﻠ‬َ‫ﻋ‬ ُ‫ﺖ‬ْ‫ﻤ‬َ‫ﻤ‬ْ‫ﺗ‬َ‫أ‬َ‫و‬ ْ‫ﻢ‬ُ‫ﻜ‬َ‫ﻨ‬‫ِﯾ‬‫د‬ ْ‫ﻢ‬ُ‫ﻜ‬َ‫ﻟ‬ ُ‫ﺖ‬ْ‫ﻠ‬َ‫ﻤ‬ْ‫ﻛ‬َ‫أ‬ َ‫م‬ ْ‫ﻮ‬َ‫ﯿ‬ْ‫ﻟ‬‫ا‬”
However, as new issues arised, people turn to Quran and Sunnah for solutions. However, since
reasonings were subjective, countless opinions emerged on the same issue. Therefore, Usul Fiqh
was born as a science that governs the method of reasoning.
Primary sources
1) The Qur’an - It is the main framework of reference. In muamalat, the main focus is on
prohibitions for example making riba, maysir and gharar unlawful. Everything that the
Quran has not prohibited is considered permissible. Therefore, it opens the door for many
innovative economic and financial products to make human lives easier. However in
aspects of ibadah, any innovation that is not stated in revelation is considered bid’ah.

6. 6
2) The Sunnah - It is all the actions, sayings and tacit approvals of the Prophet. There are
many layers of hadith and they are categorised according to the strength of sanad and
matan. The most authentic are recorded by Bukhari, Muslim, Abu Dawud, Nisa’i,
Tirmidhi and Ibn Majah. Only authentic hadith can become a source of law, the weak and
fabricated ones are avoided. Among the roles of sunnah are (i) to strengthen the
commandments that are already stated in the Quran, (ii) to elaborate obscure provisions
in the Qur’an, (iii) to provide ruling on matters not stated in the Quran
Secondary Sources
1) Ijma’/ Consensus of Opinion - in order for a ruling to be accepted, all muslim jurists
(Mujtahidin) of any period after the Prophet’s demise have to reach a unanimous
agreement. This is to avoid the subjectivity of individual judgements. The ijma’ becomes
an authority as long as none of the mujtahidin denounce their views and it is applicable
even after the demise of the mujtahidin.
2) Qiyas/ Analogical Deduction - to make a ruling on a new issue (far’), the rule from an
original case (asl) as stated in the Quran and Sunnah should be extended to the new issue
if there is a similarity in their cause (‘illah). E.g: The Quran prohibited wine (asl). Is drug
abuse (far’) haram? Since both of them cause inebriation (‘illah), then drug abuse is also
haram (ruling).
3) Istihsan/ Juristic Preference - Compared to qiyas, when an ‘illah is extended to a
certain issue, there are exceptions that can be made to other issues in order to remove
hardship. For example, a hadith had prohibited the sale of non-existent things. It can be
equated to the manufacturing industries where sellers only produce upon orders. Then, is
manufacturing haram? Looking back, the reason behind the prohibition in the hadith is to
remove uncertainty. However, in manufacturing, if products are produced in advance it
can lead to wastage. In the consideration of equity and fairness, manufactured products
are distinguished from the prohibition as long as it is custom-made with specifications
detailed upon order and the time of delivery is fixed to avoid uncertainty.
4) Sadd al-Dharai/ Blocking the Means - if a lawful means can lead to an unlawful end,
then it must be made unlawful. For example, a factory that produces goods for
consumption is permissible. However, if it is built near residential area, it must not be
allowed on the argument that it endangers public health.
5) Maslahah Mursalah/ Public Interest - Public interest should be made superior over
individual interest. E.g, a government can impose tax on the wealthy (although the Quran

7. 7
only gave mandatory rulings on zakat) on the basis that it can be used to finance public
infrastructure.
6) ‘Urf/ Custom - what is customary to a group of people should be allowed as long as it
does not contradict the Shariah. For example, some pre-Islamic transactions that were
common among the Arabs have not been abolished by Islam such as mudarabah and
wadi’ah.
7) Istishab/ Presumption of Continuity - a status quo or original condition is upheld
unless there is a proof to change it. For example, originally person A has no debt. Then,
person B claimed that A owed him. Therefore, A is said to be free from liability until B
brings forward credible evidence.
The Sha ’ah - communication from the Lawgiver (Allah and His Prophet) on conducts
concerning a mukallaf

8. 8
3. The Ob e t of Sha
Maqasid = Objectives/Goals/Intention/Aim
Al Shari’ah = Laws of Islam
Maqasid is the plural of the word Maqsad. Maqsad comes from the word Qasd which means to
have the intention to do something.
The objectives of Shariah is to provide guides and framework to solve human interest issue in
compliance to Quran or Hadith and also bringing benefit to mankind in this world and Hereafter.

9. 9
➔ Educating Individuals
◆ The Prophet was sent to us to educate mankind.
◆ For enhancement and protection of our mind
◆ Ie: Prayer, fasting, zakat and Hajj educate individual self discipline, sacrifice and
purity
➔ Justice (‘Adl)
◆ ‘Adl = Placing a thing in its proper and right place
◆ The Quran states that the main purpose behind sending the prophet is to establish
justice.
◆ “We sent our messengers and revealed the Book through them so as to establish
justice among the people” (57.25)
ٌ‫ﺪ‬ۡ‫ِﯾ‬‫ﺪ‬َ‫ﺷ‬ ٌ‫س‬ۡ‫ﺎ‬َ‫ﺑ‬ ِ‫ﮫ‬ۡ‫ﯿ‬ِ‫ﻓ‬ َ‫ﺪ‬ۡ‫ِﯾ‬‫ﺪ‬‫ـ‬َ‫ﺤ‬ۡ‫اﻟ‬ ‫َﺎ‬‫ﻨ‬ۡ‫ﻟ‬َ‫ﺰ‬ۡ‫ﻧ‬َ‫ا‬ َ‫و‬ ِۚ‫ﻂ‬ۡ‫ﺴ‬ِ‫ﻘ‬ۡ‫ﺎﻟ‬ِ‫ﺑ‬ ُ‫ﺎس‬‫ﱠ‬‫ﻨ‬‫اﻟ‬ َ‫م‬ ۡ‫ﻮ‬ُ‫ﻘ‬َ‫ﯿ‬ِ‫ﻟ‬ َ‫ان‬َ‫ﺰ‬ۡ‫ﯿ‬ِ‫ﻤ‬ۡ‫اﻟ‬ َ‫و‬ َ‫ﺐ‬ٰ‫ﺘ‬ِ‫ﻜ‬ۡ‫اﻟ‬ ُ‫ﻢ‬ُ‫ﮭ‬َ‫ﻌ‬َ‫ﻣ‬ ‫َﺎ‬‫ﻨ‬ۡ‫ﻟ‬َ‫ﺰ‬ۡ‫ﻧ‬َ‫ا‬ َ‫و‬ ِ‫ﺖ‬ٰ‫ﻨ‬ِّ‫ﯿ‬َ‫ﺒ‬ۡ‫ﺎﻟ‬ِ‫ﺑ‬ ‫َﺎ‬‫ﻨ‬َ‫ﻠ‬ُ‫ﺳ‬ُ‫ر‬ ‫َﺎ‬‫ﻨ‬ۡ‫ﻠ‬َ‫ﺳ‬ ۡ‫ر‬َ‫ا‬ ۡ‫ﺪ‬َ‫ﻘ‬‫ـ‬َ‫ﻟ‬
ٌ‫ﺰ‬ۡ‫ﯾ‬ ِ‫ﺰ‬َ‫ﻋ‬ ‫ﱞ‬‫ى‬ِ‫ﻮ‬َ‫ﻗ‬ َ ‫ﱣ‬ ‫ﱠ‬‫ِن‬‫ا‬ ِؕ‫ﺐ‬ۡ‫َﯿ‬‫ﻐ‬ۡ‫ﺎﻟ‬ِ‫ﺑ‬ ٗ‫ﮫ‬َ‫ﻠ‬ُ‫ﺳ‬ُ‫ر‬ َ‫و‬ ٗ‫ه‬ُ‫ﺮ‬ُ‫ﺼ‬ۡ‫ﱠﻨ‬‫ﯾ‬ ۡ‫ﻦ‬َ‫ﻣ‬ ُ ‫ﱣ‬ َ‫ﻢ‬َ‫ﻠ‬ۡ‫ـﻌ‬َ‫ﯿ‬ِ‫ﻟ‬ َ‫و‬ ِ‫ﺎس‬‫ﱠ‬‫ﻨ‬‫ﻠ‬ِ‫ﻟ‬ ُ‫ﻊ‬ِ‫ﻓ‬‫َﺎ‬‫ﻨ‬َ‫ﻣ‬ ‫ﱠ‬‫و‬
◆ “For, never would thy Sustainer destroy for wrong (belief only) so long as its
people behave righteously (towards one another) (11:117)
‫ن‬ ۡ‫ﻮ‬ُ‫ﺤ‬ِ‫ﻠ‬ ۡ‫ﺼ‬ُ‫ﻣ‬ ‫ﺎ‬َ‫ﮭ‬ُ‫ﻠ‬ۡ‫ھ‬َ‫ا‬ ‫ﱠ‬‫و‬ ٍ‫ﻢ‬ۡ‫ﻠ‬ُ‫ﻈ‬ِ‫ﺑ‬ ‫ى‬ ٰ‫ﺮ‬ُ‫ﻘ‬ۡ‫اﻟ‬ َ‫ِﻚ‬‫ﻠ‬ ۡ‫ُﮭ‬‫ﯿ‬ِ‫ﻟ‬ َ‫ﱡﻚ‬‫ﺑ‬َ‫ر‬ َ‫ﺎن‬َ‫ﻛ‬ ‫ﺎ‬َ‫ﻣ‬ َ‫و‬
➔ Realisation of Benefit (Maslaha)
◆ Essential (al-dharuriyat)
● Usual essential for survival
● Total disorder if not there

10. 10
Protec on of religion, for a society to func on, faith is really important. As long as belief
is there, no one can challenge Muslim society, so we should be awake and fight with all Fitna
around us, not just in our country but in all Muslim countries, so we can pass this frui ul
religion to the next genera on.
Protec on of life, the life is given to us is a gi from Allah to be used for His sa sfac on
and not selfishness, Islam never allows any harmful ac ons toward ourselves and also all
humans, for example, fas ng when a person is sick is forbidden because that will cause his
health condi on to worsen.
Protec on of property, Islam means modera on and fairness to all members of a
society, so wealth should be circulated in the economy in certain condi on to bring benefits for
all and eliminate any disadvantage or harm, like Riba which adds to the wealth of rich people
without risk sharing, wri ng contracts and forbidding any bad ac ons like lying and fraud. Even
modera on and fairness in investment has been covered by Islamic Sharia to direct the human
behaviours and forbid both hoarding of wealth and extravagance. It is not for the benefit of one
or two people bu or the society as a whole by crea ng jobs and improving living standards.
Also, Muslims are encouraged to give charity, zakat and Infaq to needy people who can’t
par cipate in business cycle. The government also has tasks in regard to wealth protec on of
the society, like preserving the value of currency.
Protec on of intellect, without intellect there is no difference between humans and
animals, this is our mind that makes us Khaliph- Allah on earth, so Muslims should forbid all
nega ve things that influence them and control their mind which finally lead to distrac on, like
alcoholic drugs.

11. 11
Protec on of lineage, children are the beauty of socie es, they can cheer up their
parents and family a er all ring days a er job. So Islam makes sure that family and its value is
preserved by forbidding and not permi ng immoral ac ons that eventually leads to destruc on
of family and then socie es, like adultery or homosexuality, these all ac on will get unforgivable
penal es by the Sharia.
◆ Necessity (al-hajiyat)
● To remove hardship
● Ie: travelling oversea- Allah gives us permission to performing jamak
because of a specific need.
◆ Embellishments (al-tahsiniyyat)
● Leads to perfection and improvement in behavior of individual
● Ie: performing prayers with full of concentration and voluntary fasting are
measures that can add perfection to individual worship.

12. 12
4. Fiq /Leg Max
MAXIMS : General rule which applies to all its particulars.
LEGAL MAXIMS : Applicable principle which related to transaction (mu’amalat) and usages
and which will not change due to changes in time, place and circumstances.
★ This legal maxims is based of “The Mejelle” which is a complete code on Islamic Civil
Law including law that related to mu’amalat.
★ It contains 99 maxims but there are about 6 major legal maxims which will are listed
below.
1. Matters are determined according to intention
‫ى‬ َ‫َو‬‫ﻧ‬ ‫ﺎ‬َ‫ﻣ‬ ٍ‫ىء‬ ِ‫ر‬ْ‫اﻣ‬ ِّ‫ل‬ُ‫ﻛ‬ِ‫ﻟ‬ ‫ﺎ‬َ‫ﻣ‬‫ﱠ‬‫ﻧ‬‫إ‬ َ‫و‬ ِ‫ت‬‫ﱠﺎ‬‫ﯾ‬ِّ‫ﻧ‬‫ﺎﻟ‬ِ‫ﺑ‬ ُ‫ل‬‫ﺎ‬َ‫ﻣ‬ْ‫ﻋ‬َ‫ﻷ‬‫ا‬ ‫ﺎ‬َ‫ﻣ‬‫ﱠ‬‫ﻧ‬‫إ‬
ِ‫ﮫ‬ِ‫ﻟ‬ ْ‫و‬ُ‫ﺳ‬َ‫ر‬ َ‫و‬ ِ‫ﷲ‬ ‫ﻰ‬َ‫ﻟ‬‫إ‬ ُ‫ﮫ‬ُ‫ﺗ‬َ‫ر‬ْ‫ﺟ‬ِ‫ﮭ‬َ‫ﻓ‬ ِ‫ﮫ‬ِ‫ﻟ‬ ْ‫و‬ُ‫ﺳ‬َ‫ر‬ َ‫و‬ ِ‫ﷲ‬ ‫ﻰ‬َ‫ﻟ‬‫إ‬ ُ‫ﮫ‬ُ‫ﺗ‬َ‫ر‬ْ‫ِﺟ‬‫ھ‬ ْ‫َت‬‫ﻧ‬‫ﺎ‬َ‫ﻛ‬ ْ‫ن‬َ‫ﻣ‬َ‫ﻓ‬
ِ‫ﮫ‬ْ‫ﯾ‬َ‫ﻟ‬‫إ‬ َ‫ر‬َ‫ﺟ‬‫َﺎ‬‫ھ‬ ‫ﺎ‬َ‫ﻣ‬ ‫ﻰ‬َ‫ﻟ‬‫إ‬ ُ‫ﮫ‬ُ‫ﺗ‬َ‫ر‬ْ‫ﺟ‬ِ‫ﮭ‬َ‫ﻓ‬ ‫ﺎ‬َ‫ﮭ‬ُ‫ﺣ‬ِ‫ﻛ‬ْ‫ﻧ‬َ‫ﯾ‬ ٍ‫ة‬‫أ‬َ‫ر‬ْ‫اﻣ‬ ِ‫و‬‫أ‬ ‫ﺎ‬َ‫ﮭ‬ُ‫ﺑ‬ْ‫ﯾ‬ ِ‫ُﺻ‬‫ﯾ‬ ‫ﺎ‬َ‫ﯾ‬ْ‫ﻧ‬ُ‫د‬ِ‫ﻟ‬ ُ‫ﮫ‬ُ‫ﺗ‬َ‫ر‬ْ‫ِﺟ‬‫ھ‬ ْ‫َت‬‫ﻧ‬‫ﺎ‬َ‫ﻛ‬ ْ‫ن‬َ‫ﻣ‬ َ‫و‬

13. 13
Explanation Applicability
★ Acts have been linked to intention.
★ This one hadith which is narrated on the
authority of ‘Umar bin al-Khattab (may
Allah be pleased with him) emphasizes
that in every physical act that we do
must be started with intention.
★ That means, in every action we take, we
must and should know the purpose since
the result will change according to our
intention.
★ But, good intention if it is not performed
into action is still good itself. However,
good actions will turn into bad if they
are perform with bad intention (niyyah),
not for the sake of Allah’s blessing.
★ In transaction, since intention is
something that we can’t see clearly, it is
judged to the extent that it could be
ascertained.
★ In any contract,
consideration should be
given to the real intention,
not the literal meaning of it.
★ When giving a present.
Whether to please by giving
or to offer bribe.
★ When finding a lost property.
Whether keep it to yourself
or return it.
➔ The actions physically are
the same in each cases but
the consequences differ
according to intention.
2. The Principle is Absence of Liability unless Proven.
Explanation Applicability
★ No liability unless there is proof for it.
★ The person who made the claim needs
to prove it.
★ Any debts or contractual claims
against any person are not valid until
there are evidence to prove them.

14. 14
3. Certainty cannot be Removed by Doubt.
Explanation Applicability
★ A statement is considered certain only
when it is supported by evidence and
witnesses.
★ Doubt cannot resist certainty.
★ Imagination cannot be taken into
consideration.
★ A sub-maxim to this general maxim:
-New attributes, conditions and
claims are presumed to be absent
unless they are proven otherwise.
★ When a borrower claims that he has
paid the debt and the lender says he
has not, the principle is the borrower
has not paid it yet.
★ When a seller claims that the things
that he purchased has defect but the
seller said it is not when they sell it,
the seller’s statement is accepted.
★ When a person is doubtful whether he
still has wudhu’ or not, then it is
certain that he has unless he smells or
sees something that voids ablution.
4. The Principle in Transactions/things is Permissibility.
Explanation Applicability
★ All foods and transactions are
permissible unless they are specifically
prohibited or have prohibited elements.
ٰ‫ى‬ َ‫َﻮ‬‫ﺘ‬ْ‫ﺳ‬‫ا‬ ‫ﱠ‬‫ﻢ‬ُ‫ﺛ‬ ‫ﺎ‬ً‫ﻌ‬‫ﯿ‬ِ‫ﻤ‬َ‫ﺟ‬ ِ‫ض‬ ْ‫ر‬َ ْ‫اﻷ‬ ‫ﻲ‬ِ‫ﻓ‬ ‫ﺎ‬‫ﱠ‬‫ﻣ‬ ‫ﻢ‬ُ‫ﻜ‬َ‫ﻟ‬ َ‫ﻖ‬َ‫ﻠ‬َ‫ﺧ‬ ‫ِي‬‫ﺬ‬‫ﱠ‬‫اﻟ‬ َ‫ﻮ‬ُ‫ھ‬
ٍ‫ء‬ْ‫ﻲ‬َ‫ﺷ‬ ِّ‫ﻞ‬ُ‫ﻜ‬ِ‫ﺑ‬ َ‫ﻮ‬ُ‫ھ‬ َ‫و‬ ۚ ٍ‫ت‬‫ا‬ َ‫ﺎو‬َ‫ﻤ‬َ‫ﺳ‬ َ‫ﻊ‬ْ‫ﺒ‬َ‫ﺳ‬ ‫ﱠ‬‫ﻦ‬ُ‫ھ‬‫ا‬ ‫ﱠ‬‫ﻮ‬َ‫ﺴ‬َ‫ﻓ‬ ِ‫ﺎء‬َ‫ﻤ‬‫ﱠ‬‫ﺴ‬‫اﻟ‬ ‫ﻰ‬َ‫ﻟ‬ِ‫إ‬
2:29id - ٌ‫ﻢ‬‫ﯿ‬ِ‫ﻠ‬َ‫ﻋ‬
★ This quranic verses mentioned that “it
is He who created for you and all of
★ Changing in the way businesses run,
as we have online business now. So,
it’s different from the way we used to
do.
★ New elements in matters of worship
or ‘Ibadat is strongly condemned
because everything has been
elaborated in Quran and Sunnah.

15. 15
that which is on earth”
★ The jurist conclude that foods and
transactions which are not included in
the prohibited lists are permissible.
★ Commerce and trade can be changed
and innovation is important in order to
meet the needs of changing of time.
★ In ‘Ibadat, The Quran and Sunnah
already provide details about the way
it should be performed. So, any
variation or introduction are strongly
prohibited and considered bid’ah.
5. Hardship Begets Facility
Explanation Applicability
★ In some situations, certain concession
are given to remove hardship.
★ When situations gets difficult, the law
become flexible since it will cause
hardship. So necessity is given to
lighten the burden.
★ ُ‫ﺎن‬َ‫ﺴ‬‫ﻧ‬ِ ْ‫اﻹ‬ َ‫ﻖ‬ِ‫ﻠ‬ُ‫ﺧ‬ َ‫و‬ ۚ ْ‫ﻢ‬ُ‫ﻜ‬‫ﻨ‬َ‫ﻋ‬ َ‫ﻒ‬ِّ‫ﻔ‬َ‫ﺨ‬ُ‫ﯾ‬ ‫ن‬َ‫أ‬ ُ ‫ﱠ‬ ُ‫ﺪ‬‫ﯾ‬ ِ‫ُﺮ‬‫ﯾ‬
‫ﺎ‬ً‫ﻔ‬‫ﯿ‬ِ‫ﻌ‬َ‫ﺿ‬
★ “God wants to lighten your burdens;
for man has been created weak” (4:24)
★ If a debtor is in financial constraints
which is he cannot pay lump sum, he
is able to pay by instalment.
★ In obligatory duties such as prayers,
we are given concession to jamak and
qasar during travelling, tayammum is
allowed during absence of water, and
pregnant mothers are allowed to break
fast during Ramadhan

16. 16
6. Harm Should be Eliminated
Explanation Applicability
★ Taken from Prophet’s Hadith; “Harm
should neither be inflicted nor
received”
★ A private damage is inferior to a
public damage eg the government can
impose tax in addition to zakat to
build public infrastructure
★ We should choose the lesser evil of
two bad options, in unavoidable
circumstances, e.g the life of a
pregnant mother should be greater
than the life of the infant in her womb
★ Removing harm should be chosen
over seeking benefits eg if a project
harms nature and gives
unemployment, it should be rejected
since both maslahah and mafsadah are
present.
★ Harm may not be removed by causing
harm.