The major principles of Islamic jurisprudence

The principles of Islamic jurisprudence, as defined by scholars, are comprehensive principles and foundations in concise texts that include general legislative rulings on incidents falling under their jurisdiction. Scholars have formulated many principles in brief phrases that encompass many branches of different aspects of jurisprudence, and have authored many books on them. Among these principles are five unanimously agreed upon principles, some of which are summarized to only four. The first four principles that will be mentioned – InSha’Allah, are:

The first principle: certainty is not removed by doubt. As Al-Muqri said in his principles: The consideration of the causes and absolution and everything that entails rulings is sure knowledge, and when it is difficult in most cases, conjecture is given the place of certainty due to its proximity to it, and doubt remains annulled in its place. From the branches of this principle: necessity of building on certainty for one who doubts the origin three or four times? Because the four are a duty of certainty and the liability is not absolved except with certainty, and thus we say: certainty is not lifted by doubt. And from its branches: the necessity of evidence on the claimant.... And the origin of this principle is what is mentioned in the two authentic books and others, that the Prophet, peace be upon him, said: Does one who feels like he has passed wind in prayer break his prayer? He said: No, until he hears a sound or finds a smell. Al-Walati said: This principle includes the principle of acting on the basis of the original, and the principle: negating doubt in the prohibitive, and considering it in the condition required.

The second principle: removing harm, or harm is removed. That is, the obligation to remove harm from those affected by it, and the origin of this principle is what Malik narrated in the Muwatta that the Messenger of Allah, peace be upon him, said: There should be no harming or reciprocating harm. Al-Walati said: Because the Sharia is based on bringing about benefits and preventing harm, and under this principle falls the principle: choosing the lesser of two harms. And from its branches: the legislation of deterrent punishments, and guarantee, and the return of the usurped, or guaranteeing it through damage, and divorce through harm, and through difficulty...

Rule three: Hardship brings ease. Whenever hardship is experienced, ease is legislated. The origin of this rule is in the saying of Allah: "And He has not placed upon you in the religion any difficulty" [Surah Al-Haj: 78]. Its branches include taking the easier option and concessions such as shortening prayers, combining prayers, and breaking the fast when traveling... Al-Walati said: Hardship is of two types: hardship that cannot be separated from worship, for which no alleviation is required because worship is established with it, such as performing ablution in cold weather and fasting in hot weather... and hardship that can be separated from, which has three categories: if it falls under the category of necessities, it is exempted by consensus, such as when there is a risk to life or loss of a limb... if it falls under the category of complementary enhancements, it is not exempted by consensus, as in the case of simple effort only, and if it falls under the category of needs, there is a difference of opinion, such as in the case of mild illness...

Rule four: Custom is authoritative or considered legitimate. Al-Walati said: If custom influences the verbal and practical actions of common people in legal rulings, it is operational; it specializes when general, limits when absolute, and clarifies when ambiguous. Verbal expressions in people's oaths, contracts, cancellations, admissions, testimonies, and claims are influenced by the custom of using words in a non-literal sense, whether their original meaning is partial or not, until it becomes the immediate meaning that comes to mind upon utterance, and the original meaning becomes neglected. For example, the custom specifies the general: a person swears not to ride a mount with four legs, so he does not break the oath by riding any other animal that crawls on the face of the earth, as the word "mount" linguistically includes all crawling animals, but the verbal custom specifies it to those with four legs... and the same applies to practical custom. The origin of this custom is in the saying of Allah: "Take what is given freely, enjoin what is good, and turn away from the ignorant" [Surah Al-A'raf: 199], and in the hadith in the two Sahih collections. Its branches include estimating the obligatory expenses for wives and relatives, determining the most suitable provisions for men in the household, and what is most suitable for women in cases of dispute...

Fifth rule: Matters are judged by their intentions. This means that if the intention is good, then the action is good, and if the intention is bad, then the action is bad. The basis of this rule is the saying of the Prophet (peace be upon him): "Actions are judged by intentions, and everyone will be rewarded according to his intention." (Reported by Al-Bukhari and Muslim). One of its branches is the distinction between acts of worship and customs by intention, and the distinction of the levels of worship by intention, because intention is a condition for the validity of pure acts of worship, and a condition for obtaining reward in all actions. This rule also includes the prevention of the means to corruption, and it is said that the rule of following the purposes returns to the rule that certainty cannot be lifted by doubt, because if something is not intended, we are certain that it will not happen. Al-Walati said: "The judge Husayn mentioned these rules, and said that all the branches of jurisprudence lead to them." Some scholars have discussed this and said that the return of all jurisprudence to them is arbitrary, because its principles are scattered and become clear in detail, and that there is no disagreement among the scholars that these five rules are the foundations upon which the branches of Sharia are built. The disagreement lies in the details. Shaykh Az-Zuhd said: "All the rulings of Sharia return to bringing benefit and preventing harm." And Shaykh Ash-Shinqiti said: "The return of the branches of jurisprudence to these principles is burdensome. If more foundations are added that the branches of jurisprudence return to, with clear evidence, it will exceed two hundred."

The result is that the five principles agreed upon by scholars of jurisprudence and fundamentals, on which there is no difference among them, are the foundations on which the branches are built:

1- Certainty is not lifted by doubt.

2- The obligation to remove harm.

3- Hardship brings about ease.

4- Custom is authoritative, or customary practice is considered.

5- Matters follow their purposes.