A Treasury of Sacred Maxims

INTRODUCTION

PART ONE
1: al-Umuru bi-maqasidi-ha : Acts are judged by their goals and purposes
2: There is no reward without intention
3: Combining two acts of worship with one intention
4: In contracts regard is paid to objectives and meanings
5: Regard is paid to will and not to words
6: No regard is paid to implication when explication is found
7: Giving preference to others over oneself in acts of worship is disliked but laudable in all other circumstances
8: Regard is paid to intentions and beliefs in transactions and expressions as it is in acts of worship
PART TWO
9: al-Darar yuzaal : Harm must be eliminated
10: Specific harm is endured in order to supress general harm
11: Warding off harm has priority over bringing about benefits
12: Dire exigency renders lawful the unlawful
13: Whatever is rendered lawful due to dire exigency must be proportionate to the need
14: When two evils unite take the lesser of the two
15: Harm is not replaced by another harm
16: Need becomes the same as dire exigency
17: There is no harm or reciprocating harm
18: That which is unlawful to take is unlawful to give
19: That which is unlawful to do is unlawful to request
PART THREE
20: Al-‘Adah muhakkama: Customary usage is the determining factor
21: People’s customary practise is legal proof and must be regarded
22: What is rejected by custom is rejected in reality
23: Literality is abandoned in favour of custom
24: Custom is established when it becomes constant or dominant practise
25: Regard is paid to the dominant and widespread and not to the unwonted
26: That which is known in custom is like a stipulated precondition
27: That which is customarily loathsome is loathsome is acts of worship
28: Rulings change due to the change is times
30: If the prohibition conflicts with the necessary the prohibition is given preference
PART FOUR
31: Al-Yakin la yazulu bil-shakk: Certainty is not overrule by doubt
32: The original rule is freedom from responsibility
33: The original rule is lawfulness
34: The original rule is the literal meaning
35: The original rule is continuity of the past ruling
36: when the lawful and unlawful mixed, the unlawful dominates
37: Al-Mushaqqa tajlib al-taysir: Hardship begets facility
38: When matters become too constricted it is broadened and when it is too broadened it is constricted
39: Property is transferred by guarantee
40: Actions are attributed to the doer and not to the instigator
41: If the doer and the causer are blamed the action is attributed to the doer

FURTHER READING