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Journal articles on the topic 'Legal maxims'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Khan, Saleem, and Sana Zia. "Explanation of Legal Maxim: Ignorance of Facts and Ignorance of the Law, in the Light of Islamic and Western Laws: A Comparative Study." Fahm-i-Islam 2, no. 2 (2019): 45–57. http://dx.doi.org/10.37605/fahm-i-islam.2.2.4.

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Both Islamic and western laws try to facilitate their followers in different ways. For the above mentioned purpose both have formed several Legal Maxims which assist each and every individual to enjoy these facilitations provided to them by the Legal Science. Similarly there are some Legal Maxims which provide legal excuses to these people. Among these Legal Maxims there is a Maxim considered as one of fundamental legal Maxims called “Ignorance of facts and Ignorance of the Law”. This article focuses on explanation and interpretation of the said Maxim according to Islamic as well as western La

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2

Mustafa Ismael, Ardawan, and Arif Ali Arif. "The Effect and Applications of the Legal Maxim Custom is an Arbitrator in Iraqi Civil Law: An Analytical Study." International Journal of Fiqh and Usul al-Fiqh Studies 4, no. 1 (2020): 33–42. https://doi.org/10.31436/ijfus.v4i1.168.

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The legal maxims are an integral part of Islamic jurisprudence. These maxims combine the various issues of jurisprudence, from different sections and diverse topics, so that the particulars (al-juz’iyyāt) are referred to the universals (al-kulliyyāt) and the branches (al-furūʿ) to the basic principles (al-uṣūl). Hence, the research seeks to clarify the impact of a major Islamic legal maxim which is “Custom is an arbitrator” in the Iraqi civil law, using the inductive, analytical and descriptive methods. The research has shown that since this maxim and other maxims branching from it have been m

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3

Muhammad Taufiki, Rokani Darsyah та Mahmud Ridha. "The Use of Maxims (al-Qawāʿid al-Uṣūliyyah wa al-Fiqhiyyah) in Legal Argumentation of Sharia Economic Court Decisions in Indonesia". AL-IHKAM: Jurnal Hukum & Pranata Sosial 17, № 1 (2022): 165–88. http://dx.doi.org/10.19105/al-lhkam.v17i1.6070.

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All sharia economic court decisions in Indonesia are supposed to include sharia principles as the basis for adjudicating the case. Therefore, the judges must be able to understand the legal norms of sharia economics. This study aimed to explore how fundamentalistic maxims (al-qawāʿid al-uṣūliyyah) and jurisprudential maxims (al-qawāʿid al-fiqhiyyah) as parts of sharia economic legal norms or sharia principles were used by judges as legal argumentation in court decisions. We analyzed 384 court decisions categorized as sharia economic cases on the Indonesian Supreme Court website from April 20,

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4

Tuori, Kaius. "Pacta sunt servanda." Annales Academiae Scientiarum Fennicae, no. 1 (May 30, 2023): 44–57. http://dx.doi.org/10.57048/aasf.130107.

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Legal maxims written in Latin are a constant in European and American legal cultures, where they have great authority due to perceived antiquity and origins in Roman law. However, sometimes these maxims are actually fairly recent, neologisms that only purport to be ancient. The purpose of this article is to explore one such maxim, pacta sunt servanda, agreements have to be upheld, and the cultural, political and legal connotations and contemporary significances that the phrase has. Through the convoluted history of the maxim pacta sunt servanda, the article explores the role of tradition and h

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5

Feny Rizka Antam and Yusni Khairul Amri. "Analysis of Language Points on Kompas TV Youtube Channel "Legal Advisory Asks Ferdy Sambo about Elizer's Future Responsibilities to CCTV!"." Britain International of Linguistics Arts and Education (BIoLAE) Journal 5, no. 1 (2023): 10–17. http://dx.doi.org/10.33258/biolae.v5i1.860.

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Reporting on the Kompas TV Youtube channel always provides interesting and up-to-date information so that it becomes a public discussion, one of which is the Ferdy Sambo case which has become a hot topic of conversation since July 2022. This writing aims to find out politeness in language and flouting of maxims on the Kompas TV Youtube channel entitled " Legal Counsel Ask Ferdy Sambo about Elizer's future responsibilities to the CCTV issue!”. The form of speech in this paper is a form of speech that adheres to the politeness principle and is translated into the maxims put forward by Leech in a

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6

Goraya, Umeed Maalik. "Sharīʻah Maxims (Islamic Legal Maxims) and their Significance". International Journal of Scientific & Engineering Research 12, № 6 (2021): 255–56. http://dx.doi.org/10.14299/ijser.2021.06.01.

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— Sharīʻah Maxims (Islamic Legal Maxims) are such leading principles and regulations in the light of which legal scholars and academic philosophers explore the permissible commands of the enduring issues. One deducted legal rule doesn’t cover up all the situations and matters underneath but its maximum states. The assumption of laws is just by the Qur’ān and the Nobel statements of the Holy Prophet Muhammad (PBUH), or the Ijm’a (Consensus of Opinion), Ijtihad and Qias (Analogy) which are deduced from these sources of the Sharīʻah.

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7

Goraya, Umeed Maalik. "Sharīʻah Maxims (Islamic Legal Maxims) and their Significance". International Journal of Scientific & Engineering Research 12, № 6 (2021): 255–56. http://dx.doi.org/10.14299/ijser.2021.06.04.

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Sharīʻah Maxims (Islamic Legal Maxims) are such leading principles and regulations in the light of which legal scholars and academic philosophers explore the permissible commands of the enduring issues. One deducted legal rule doesn’t cover up all the situations and matters underneath but its maximum states. The assumption of laws is just by the Qur’Än and the Nobel statements of the Holy Prophet Muhammad (PBUH), or the Ijm’a (Consensus of Opinion), Ijtihad and Qias (Analogy) which are deduced from these sources of the Sharīʻah.

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8

Mudzhar, Mohamad Atho. "The Use of Legal Maxims in the Fatwas of Indonesian Ulama Council." JURNAL INDO-ISLAMIKA 12, no. 1 (2022): 1–11. http://dx.doi.org/10.15408/jii.v12i1.24343.

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The increasing, often controversial, roles of the Indonesian Ulama Council or Majlis Ulama Indonesia (MUI) in society have attracted scholars to study the institution, including its fatwas and their arguments. This study examines how legal maxims (qawa'd fiqhiyyah) had been used to construct the arguments of MUI's fatwas. This study also identifies the legal maxims used, observes their frequencies, and determines the patterns of their application. Legal maxims are important since they show principles and logic to discover legal norms. Some 118 fatwas on ritual, Shariaheconomic, and socio-cultu

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9

Zakariyah, Luqman. "Beyond Textuality in Islamic Legal Exegesis." American Journal of Islam and Society 31, no. 4 (2014): 50–72. http://dx.doi.org/10.35632/ajis.v31i4.280.

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When studying textuality in the codification1 of Islamic legal maxims (qawā‘id fiqhīyah), it is worth researching how intertextuality and hypertextuality can be used as linguistic mechanisms to help understand Qur’anic texts and how such texts cohere to form legal maxims in Islamic criminal law. An in-depth study of medieval Qur’anic exegetes reveals the length to which Muslim scholars have gone to link texts to extract contextual meanings from the Qur’an and, perhaps, to codify Islamic legal maxims. Two such approaches are intertextuality and hypertextuality. This article examines how the lin

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10

Zakariyah, Luqman. "Beyond Textuality in Islamic Legal Exegesis." American Journal of Islamic Social Sciences 31, no. 4 (2014): 50–72. http://dx.doi.org/10.35632/ajiss.v31i4.280.

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When studying textuality in the codification1 of Islamic legal maxims (qawā‘id fiqhīyah), it is worth researching how intertextuality and hypertextuality can be used as linguistic mechanisms to help understand Qur’anic texts and how such texts cohere to form legal maxims in Islamic criminal law. An in-depth study of medieval Qur’anic exegetes reveals the length to which Muslim scholars have gone to link texts to extract contextual meanings from the Qur’an and, perhaps, to codify Islamic legal maxims. Two such approaches are intertextuality and hypertextuality. This article examines how the lin

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11

Mohamad Yunus, Mohamad Ismail Bin. "The Position and Application of Islamic Legal Maxims (Qawaaid Al-Fiqhiyyah) in the Law of Evidence (Turuq Al-Hukmiyyah)." FIAT JUSTISIA:Jurnal Ilmu Hukum 13, no. 1 (2019): 43. http://dx.doi.org/10.25041/fiatjustisia.v13no1.1479.

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The Position and Application of Islamic Legal Maxims (Qawaaid Al-Fiqhiyyah) in the Law of Evidence (Turuq Al-Hukmiyyah)Islamic legal maxims had always held and will continue to hold a special position in jurisprudence. Jurists of all schools generally accept legal maxims as a basis of coming up with Shariah opinions. This is especially true if these maxims are based on the Holy Quran and the Prophetic traditions. Legal maxims can be used as evidence in extracting rules if it is based on the Holy Quran and the Sunnah because its use is an extension of the original proof, and thus, this article

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12

Dr. Hafiz Muhammad Saleem Awan, Allah Ditta та Rukhshinda Jabeen. "تشبہ بالکفار : فقہی قواعدکا عصری انطباق". Al-Qamar 5, № 4 (2022): 35–44. https://doi.org/10.53762/p5ec6025.

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Imitation of non-Muslims has ever been the important issue since the fall of Muslim civilization and rise of Western civilization. Islam being a complete code of life always offers complete guidance to its followers so is the case with this issue too. The Islamic Jurists derive legal guidance from the Quran and Sunnah in shape of rulings and designate it as Legal Maxims. These legal maxims cover all aspects of human life in general and at a larger scale. This study is focused about imitation of non-Muslims in daily life and its status according to legal maxims whether imitation of infidels is

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13

MAGOGE, JACKSON SIMANGO, and Mohammad Rasikh Wasiq Mr. "Epistemology of Legal Maxims and Hermeneutics in Common Law Jurisprudence." Annual International Journal of Vaikunta Baliga College of Law (AIJVBCL) 2 (April 30, 2025): 39–62. https://doi.org/10.5281/zenodo.15312227.

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<em>The objective of this seminal inquiry is to elucidate the nuanced paradigm of legal interpretation and reasoning inherent to the common law milieu by interrogating the hermeneutics of legal maxims through an epistemological lens. This research endeavors to delineate an analogy between the theoretical constructs and practical manifestations of common law principles and legal maxims, thereby illuminating their evolving interpretive frameworks and intrinsic scientific value.The analysis encompasses several salient dimensions: the nature of interpretive mechanisms; the interplay between legal

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14

Jalili, Ismail, and Ilham Syukri. "UTILIZING QAWĀ’ID FIQHIYYAH IN LEGAL ANALYSIS: A REVIEW OF THEIR EVOLUTION AND APPLICATION IN INDONESIAN ISLAMIC JURISPRUDENCE." istinbath 24, no. 1 (2025): 51–65. https://doi.org/10.20414/ijhi.v24i1.776.

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The study of Qawā’id Fiqhiyyah or Islamic legal maxims, plays a crucial role in contemporary legal analysis and application within Indonesian Islamic jurisprudence. This research explores the brief historical evolution and modern utilization of these legal maxims, emphasizing their significance in shaping legal outcomes in Indonesia's dynamic socio-religious landscape. The study aims to shed light on how Qawā’id Fiqhiyyah has been adapted and integrated into the Indonesian legal system, providing a framework for resolving complex legal issues in a manner consistent with Islamic principles. Thi

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15

Abdullah Zawawi, Nur Hana Izzati, and Dr Mohamed Aslam Akbar. "LEGAL MAXIMS OF PUBLIC FINANCE: A HISTORICAL AND COMPARATIVE PERSPECTIVE." International Journal of Islamic Economics and Finance Research 4, no. 2 December (2021): 50–59. http://dx.doi.org/10.53840/ijiefer54.

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In pursuit of curating the optimal version of a public finance system, governments often rely on a set of maxims that act as a guideline on how they should execute the elements of public finance. In Islamic economics, legal maxims (al-qawa’id al-fiqhiyyah) are very present in public finance as the Islamic legality of government actions must be taken into consideration before any execution. Muslim scholars often propose and create new economic maxims or principles attached to their new economic systems but generally hold the same principles, purposes, and especially sources of Shari’ah in curat

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16

Zakariyah, Luqman. "Custom and Society in Islamic Criminal Law: A Critical Appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is Authoritative) and its Sisters in Islamic Legal Procedures". Arab Law Quarterly 26, № 1 (2012): 75–97. http://dx.doi.org/10.1163/157302512x612159.

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Abstract Islamic legal maxims promote the spirit of Islamic law through extrapolation of the texts. The legal maxim of al-ʿādah is one of the five basic legal maxims agreed upon among classical Muslim jurists. Despite the wide acceptability of custom in Islamic legal theory and its authoritativeness in application, one of the controversial issues surrounding the use of custom (al-ʿādah) is whether, by law, rulings can be changed over time when customs have changed. Thus, this article aims to examine the effect of custom in rulings related to ḥudūd and qiṣāṣ (fixed and retaliative punishment

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17

Zakariyah, Luqman. "Legal Maxims and Islamic Financial Transactions: A Case Study of Mortgage Contracts and the Dilemma for Muslims in Britain." Arab Law Quarterly 26, no. 3 (2012): 255–85. http://dx.doi.org/10.1163/15730255-12341240.

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Abstract This article aims to focus on legal maxims related to financial transactions to explore whether they offer any solutions for Muslims concerned with this dilemma, and to investigate how such legal maxims can be used to shape the way in which Muslims in the West perceive today’s mortgage issues. Some questions raised are the following. When entering a mortgage contract, does a Muslim’s intention change the ruling of the transaction under the pretext of the two maxims al-ʿumūr bi maqāṣidihā (“matters considered according to intention”) and hal al-ʿibrah fī l-ʿuqūd bi l-maqāṣid wa l-maʿan

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18

Tajul Urus, Nur Sarah, and Alias Azhar Azhar. "APPLICATION OF PREFERRED ISLAMIC LEGAL MAXIMS ON THE PRONOUNCEMENT OF TALAK OUTSIDE THE COURT IN MALAYSIA: A BRIEF DISCUSSION." International Journal of Law, Government and Communication 5, no. 20 (2020): 01–13. http://dx.doi.org/10.35631/ijlgc.520001.

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This article discusses the application of Islamic legal maxims on the pronouncement of talak outside the court in Malaysia. The purpose of this article is to identify the preferred Islamic legal maxims by judges for divorce cases. The concept of divorce was analysed to see preferred Islamic legal maxims as an essential element in the submission of each case in order to study the role of preferred Islamic legal maxims as an argument in Islamic law and to examine the position of the writing of judgment in Islam. This study was based on a qualitative approach with two main methodologies, namely,

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19

Zakariyah, Luqman. "Textuality as a Linguistic Mechanism for Codifiying Legal Maxims in Islamic Criminal Law." American Journal of Islamic Social Sciences 30, no. 1 (2013): 22–47. http://dx.doi.org/10.35632/ajiss.v30i1.309.

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Studying the works of medieval Qur’anic exegetes reveals that they explored approaches to interpreting the Qur’an based on the contextualization of Qur’anic principles and concepts. As this article will show, several of these approaches include the notions textuality, intertextuality, and hypertextuality. This article examines one such approach by focusing on the use of textuality as a linguistic mechanism to complement the juristic methodology of codifying legal maxims (qawOE‘id fiqh¥yah) from Qur’anic exegesis. It explores a number of relevant Qur’anic exegeses and synthesizes how Muslim exe

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20

Zakariyah, Luqman. "Textuality as a Linguistic Mechanism for Codifiying Legal Maxims in Islamic Criminal Law." American Journal of Islam and Society 30, no. 1 (2013): 22–47. http://dx.doi.org/10.35632/ajis.v30i1.309.

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Studying the works of medieval Qur’anic exegetes reveals that they explored approaches to interpreting the Qur’an based on the contextualization of Qur’anic principles and concepts. As this article will show, several of these approaches include the notions textuality, intertextuality, and hypertextuality. This article examines one such approach by focusing on the use of textuality as a linguistic mechanism to complement the juristic methodology of codifying legal maxims (qawOE‘id fiqh¥yah) from Qur’anic exegesis. It explores a number of relevant Qur’anic exegeses and synthesizes how Muslim exe

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21

Hadi, Mukhammad Nur, Latifatul Islamiyah, and Cecep Soleh Kurniawan. "Conservatism on Islamic Legal Maxims: Judicial Interpretation of Polygamous Marriage at the Religious Courts of Mojokerto, Indonesia." JIL: Journal of Islamic Law 4, no. 2 (2023): 172–96. http://dx.doi.org/10.24260/jil.v4i2.1637.

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This article explores religious judges’ interpretations of Islamic legal maxims through a content analysis of 30 verdicts that granted permission for husbands’ polygamous marriages issued by the Religious Court of Mojokerto in Indonesia from 2020 to 2022. Despite governmental efforts to restrict polygamous marriage practices due to potential negative consequences, religious judges often grant permission to husbands, considering a balance between maṣlaḥah (public good) and mafsadah (harm). Employing a normative-philosophical approach, this article identifies two recurring Islamic legal maxims c

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22

Şahin, Muhammed. "The Historiography of Legal Maxims from al-Shaybānī to al-Karkhī." Mevzu – Sosyal Bilimler Dergisi, no. 13 (February 17, 2025): 551–76. https://doi.org/10.56720/mevzu.1608935.

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This article examines the origins of legal maxims (qawāʿid fiqhiyya, and uṣūl in early jusrists’ expression) in the early period between al-Shaybānī (d. 189/805) and al-Karkhī (d. 340/952), focusing specifically on the early de-velopment of these maxims before the fourth century AH. The article demonstrates that legal maxims were articulated in early forms as early as the second century, particularly in al-Jāmiʿ al-Kabīr by Muḥammad ibn al-Ḥasan al-Shaybānī. The finding is consistent with the methodology of subse-quent commentators on the same work, indicating a considerably earlier phase than

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23

Obenza, Brandon N., and Chryzl Joy O. Deluao. "A Forensic Linguistics Analysis of Senate Investigations on the Matter of People’s Initiative in the Philippines: Language Crime in Focus." American Journal of Society and Law 4, no. 1 (2025): 1–10. https://doi.org/10.54536/ajsl.v4i1.4010.

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This critical discourse analysis aims to expose the violations of the standards and guidelines of conversation specifically in the context of senate investigations on the matter of People’s Initiative in the Philippines. Moreover, this study delved into the violations of maxims within the premise of cooperative principle conceptualized by Grice. This study utilized a qualitative research design using forensic linguistics through critical discourse analysis, with corpus linguistics of two 4-hour length senate investigation videos which focus on spoken legal language. The findings revealed the f

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Purnama, Syahfitri. "Pragmatic analysis of verbal attacks in Indonesian courtrooms: Exploring prevalence, nature, and cultural influences." Indonesian Journal of Applied Linguistics 13, no. 2 (2023): 418–29. http://dx.doi.org/10.17509/ijal.v13i2.63095.

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This study investigated the pragmatic aspects of verbal attacks within Indonesian courtrooms, specifically examining speech acts and their alignment with Grice's maxims. While previous research has explored verbal attacks in legal contexts, this study is expected to fill a gap in the literature by focusing on the pragmatic analysis of speech acts and Grice's maxims in Indonesian settings. Using a qualitative research approach and court transcripts, the speech acts contained in this research were systematically analyzed and categorized based on the type and illocutionary force while scrutinizin

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Macagno, Fabrizio, Douglas Walton, and Giovanni Sartor. "Pragmatic Maxims and Presumptions in Legal Interpretation." Law and Philosophy 37, no. 1 (2017): 69–115. http://dx.doi.org/10.1007/s10982-017-9306-4.

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26

Omwancha, Janet, Kenneth Odhiambo, and Jane Ombati. "An Analysis of the Observance of the Cooperative Principle Maxims in Selected Kenyan Courts of Law." International Journal of Language and Linguistics 12, no. 6 (2024): 218–30. https://doi.org/10.11648/j.ijll.20241206.13.

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In legal settings, such as courts of law, the observance of the Cooperative Principle (CP) is particularly crucial. Maxim observance, according to the cooperative principle developed by philosopher H. P. Grice, is a concept in the field of pragmatics and linguistics that explains how people engage in effective communication by following certain conversational norms and expectations. Paul Grice proposed the cooperative principle, which is divided into four maxims (manner, quantity, quality and relation), as a framework for understanding how people convey meaning in conversation. Hence, using th

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27

Robinson, Benedict S. "Sense and Sententiae." Critical Analysis of Law 10, no. 1 (2023): 41–56. http://dx.doi.org/10.33137/cal.v10i1.41646.

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This essay aims to rethink a rhetorical microgenre: the “sentence” or sententia, a brief maxim usually stating a moral principle. My aim is to show that rhetorical sentences entail more flexible cognitive and interpretive acts than has usually been recognized. I read the theory and practice of the sentence alongside that of legal maxims, arguing that these small forms can cast a useful light on each other. I focus in particular on literary characters who misuse sentences in ways that prompt inferences about them that go beyond anything they either could or would say themselves. The act of sent

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Gardner, Simon. "Two Maxims of Equity." Cambridge Law Journal 54, no. 1 (1995): 60–68. http://dx.doi.org/10.1017/s000819730008315x.

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It is a commonplace that statements of legal doctrine sound both more determinate and more authoritative than they necessarily are. And this must be especially true of the maxims of equity,1 which possess a peculiarly Delphic quality, wrapped as they are in metaphor, grandly unqualified, and acknowledging no authority but transcendent wisdom. Therein may have lain their particular usefulness to the law.2 But therein too lies a worry. For it follows that reasoning based on a maxim especially facilitates the introduction of unarticulated valuejudgments; and indeed that such reasoning carries an

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Timofeev, Evgeny, and Irina Rehtina. "The Maxims of Ancient Rome as the Basis for Legal Certainty of Modern Civil Litigation." Legal Linguistics, no. 31 (42) (April 1, 2024): 6–11. https://doi.org/10.14258/leglin(2024)3101.

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The article discusses the basic provisions that form the basis of civil proceedings and its legal regimes, which to varying degrees reflect the legal certainty of civil proceedings. The authors reveal the signs of the regime of legal certainty, the means of which, in addition to the norms of law, may be the provisions contained in the maxims (axioms) of civil procedure. The paper considers the main maxims illustrating certain aspects of the legal certainty of civil proceedings. Among these the authors name the formal certainty of law, accessibility and equity of procedure, consistency of a fin

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Rabb, Intisar. "Islamic Legal Maxims as Substantive Canons of Construction: Hudūd-Avoidance in Cases of Doubt." Islamic Law and Society 17, no. 1 (2010): 63–125. http://dx.doi.org/10.1163/092893809x12472107043920.

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AbstractLegal maxims reflect settled principles of law to which jurists appeal when confronting new legal cases. One such maxim of Islamic criminal law stipulates that judges are to avoid imposing hudūd and other sanctions when beset by doubts as to the scope of the law or the sufficiency of the evidence (idra'ū'l-hudūd bi'l-shubahāt): the "hudūd maxim." Jurists of all periods reference this maxim widely. But whereas developed juristic works attribute it to Muhammad in the form of a prophetic report (hadīth), early jurists do not. Instead, they cite the maxim as an anonymous saying of nonspeci

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Musa, Khadiga. "Legal Maxims as a Genre of Islamic Law." Islamic Law and Society 21, no. 4 (2014): 325–65. http://dx.doi.org/10.1163/15685195-00214p01.

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Al-qawāʿid al-fiqhiyya are legal maxims or principles that are usually expressed in the form of terse adages, such as: al-umūr bi-maqāṣidihā (acts are [judged according] to the objectives behind them); and al-mashaqqa tajlub al-taysīr (hardship brings about facilitation). Most of al-qawāʿid (sg. al-qāʿida) are specific to individual schools of law, although some of them are acknowledged by all schools. The most accepted definition of al-qāʿida al-fiqhiyya is: “A predominantly valid legal determination (ḥukm aktharī) that applies to most of its particular cases (juzʾiyyāt) so that their legal d

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Muhd. Fisal, Siti Fariza, Hasanah Abd. Khafidz, Irwan Mohd Subri, and Azman Ab. Rahman. "Aplikasi Kaedah Fiqh Al-Darurah Tuqaddar Biqadariha dalam Agihan Zakat untuk Mangsa Banjir." Journal of Fatwa Management and Research 8, no. 1 (2018): 79–90. http://dx.doi.org/10.33102/jfatwa.vol8no1.52.

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Flood that occurred in December 2014 has been categorized as the worst in Malaysia. The disaster has involved more than 100,000 people who experienced with the destruction of property and livelihoods. The victims need immediate help to restore their life back to normal. The situation was categorized as an urgency that requires the use of Islamic Legal Maxims in emergency situations. However, it is restricted by the method of “al-darurah tuqaddar biqadariha”. Thus, the study will examine the use of Islamic Legal Maxims in fiqh of zakat scheme for flood victims. The study will also suggest impro

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Petrov, Alexander. "LEX SPECIALIS AND LEX POSTERIOR IN THE DIGEST." Herald of Omsk University. Series: Law 17, no. 1 (2020): 39–48. http://dx.doi.org/10.24147/1990-5173.2020.17(1).39-48.

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Introduction. The article is devoted to the significance of the Digest for identifying the origin and development of the legal maxims for resolving conflicts of norms such as lex specialis and lex posterior. The purpose of the article is to study lex specialis and lex posterior in Roman law on the example of the Digest. Methodology. The author resorts to various methods of inquiry into legal reality. In particular, the following methods are used: systemic approach, conceptual analysis, legal-dogmatic method, comparative legal method, historical approach. Results. Appeal to the priority of the

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Jaapar, Nurzahidah, Mohd Faiz Mohamed Yusof, Mohd Dani Mohd, and Sharifah Fadylawaty Syed Abdullah. "Exploring the Application of Islamic Legal Maxims in Advertising: Practices of manufacturers." Environment-Behaviour Proceedings Journal 6, SI5 (2021): 95–104. http://dx.doi.org/10.21834/ebpj.v6isi5.2942.

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The previous study has argued that the focus of advertising has caused many socio-economic hazards in damaging moral and cultural values by causing exploitation and fraud. Engaging in a systematic content analysis procedure, this article aims to explore the applications of Islamic Legal Maxims in advertising with regards to the manufacturers' practices in supplementary food products industries. Next, explicit purposes are to determine the malpractices among manufacturers in their advertising as well as a shariah-compliant parameter as a guideline to manufacturers in advertising supplementary f

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Ahmad Tarmidzi, Nor Azura, Wan Abdul Fattah Wan Ismail, Nalisha Mohamed Ramli, Nadia Halib, and Nur Akilah Abdul Ghaffar. "Islamic Legal Maxims Analysis on Orthognathic Surgery and Treatment." International Journal of Islamic Thought 15, no. 1 (2019): 107–15. http://dx.doi.org/10.24035/ijit.15.2019.010.

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Fatimah, Anggraini, Eki Saputri, Khairunnisa Khairunnisa, Muhammad Rayhan Fansuri, and Lisnawati Lisnawati. "Qawā‘id Al-Fiqhiyyah sebagai Tolak Ukur Penentuan Skala Prioritas Fiqhiyyah dalam Kehidupan Sehari-hari." AKSIOMA : Jurnal Sains Ekonomi dan Edukasi 2, no. 6 (2025): 1141–53. https://doi.org/10.62335/aksioma.v2i6.1309.

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This study examines the role of Qawā‘id Fiqhiyyah (Islamic legal maxims) as a framework for determining the scale of priorities (Fiqh al-Awlawiyyāt) in the daily lives of Muslims. These maxims serve not only as tools for deriving Islamic legal rulings but also as normative guidelines that remain relevant to contemporary social dynamics. Using a descriptive qualitative method and a library research approach, this study analyzes various classical and contemporary sources, including the Qur’an, the Sunnah, and Islamic jurisprudence literature. The findings show that Qawā‘id Fiqhiyyah offer a prac

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Szczygielski, Krzysztof. "Latin Legal Maxims in the Judgments of the Constitutional Tribunal in Poland." Studies in Logic, Grammar and Rhetoric 49, no. 1 (2017): 213–23. http://dx.doi.org/10.1515/slgr-2017-0013.

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Abstract The article contains a list and brief characteristics of Latin legal maxims used in the judgments of the Constitutional Tribunal in Poland. Most of them were formulated by Roman jurists, some by medieval lawyers, and some by representatives of the modern science of law based on Roman law sources. They express universal and eternal ideas and are a significant element of the axiology of law. The presence of Latin legal maxims in the judgments of the Constitutional Tribunal demonstrates that Latin is an important element of the cultural heritage of ancient Rome and its knowledge is one o

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Kornev, Viktor N. "Kantian Maxims in the Theory of Law." Pravosudie / Justice 6, no. 3 (2024): 8–17. http://dx.doi.org/10.37399/2686-9241.2024.3.8-17.

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Introduction. The article is devoted to the 300th anniversary of the birth of Immanuel Kant, a great representative of German classical philosophy. The article shows how the Kantian philosophical system influenced the methodology of legal science, and especially the study of the problems of the theory of law. The famous “The Pure Theory of Law” by H. Kelsen is based on the distinction between the “is” and “ought”, and also an independent trend called neo-Kantianism was formed in legal science. Theoretical Basis. Methods. The theoretical basis is formed by the works of D. Hume, A. Kaufman, G. R

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Faizullah, Faria Ejaz, Dr. Muhammad Nawaz, and Madeeha Javed. "Applying Grice’s Maxims to Judicial Language: A Forensic Linguistic Study of the 2024 Supreme Court Case in Pakistan." Social Science Review Archives 3, no. 1 (2025): 840–52. https://doi.org/10.70670/sra.v3i1.370.

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This study examines the linguistic patterns in the Supreme Court judgment Sunni Ittehad Council V. Election Commission of Pakistan through the lens of Grice’s conversational maxims theory (1975), specifically focusing on their forensic implications. By analyzing how adherence to or deviation from Grice’s maxims—Quantity, Quality, Relation, and Manner—affects the clarity, interpretability, and transparency of the legal judgment, the study highlights key areas where legal language may hinder public understanding. Utilizing qualitative discourse analysis, this research identifies linguistic choic

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Gałuskina, Ksenia, and Joanna Sycz. "LATIN MAXIMS AND PHRASES IN THE POLISH, ENGLISH AND FRENCH LEGAL SYSTEMS – THE COMPARATIVE STUDY." Studies in Logic, Grammar and Rhetoric 34, no. 1 (2013): 9–26. http://dx.doi.org/10.2478/slgr-2013-0020.

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Abstract The aim of this research paper is to examine Latin in the context of legal translation between the Polish, English and French languages. Latin ap- pears in contemporary legal discourse in the form of maxims, short phrases and terms. Even though it constitutes an integral element of legal drafting, Latin often attracts little attention from legal translators. It is falsely assumed that Latin elements of the text do not require translation due to several miscon- ceptions related to the Latin language. Firstly, Latin is generally perceived as a global language with no local variations in

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Jalili, Ismail. "Ibn Nujaym’s Thoughts on Legal Maxims (Qawâ`id al-Fiqhiyyah): An Analysis of Their Application to Juridical Issues." MADANIA: JURNAL KAJIAN KEISLAMAN 27, no. 1 (2023): 47. http://dx.doi.org/10.29300/madania.v27i1.3387.

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Legal maxims possess a unique place in jurisprudence, and jurists of all schools recognize it as a basis for forming sharia opinions, particularly if they are based on the holy Quran and prophetic traditions. Ibn Nujaym al-Hanafi was a prominent jurist from the Hanafi school who paid special attention to legal maxims (qawâ`id al-fiqhiyyah) and compiled them in his books al-Ashbah wa al-Nazhâ’ir and al-Fawâ’id al-Zainiyyah, etc. He also wrote commentaries on various subjects in his other books. He became one of the most distinguished jurists in this discipline and the Hanafi school. The purpose

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Mohamad Ismail, Dr Mohamad Firdaus, and Siti Zuhaidah Shahadan. "Revolutionizing Nursing Ethics: The Transformative Power of Islamic Legal Maxims." INTERNATIONAL JOURNAL OF CARE SCHOLARS 7, no. 2 (2024): 168–69. http://dx.doi.org/10.31436/ijcs.v7i2.369.

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Kamali, Mohammad Hashim. "Legal Maxims and Other Genres of Literature in Islamic Jurisprudence." Arab Law Quarterly 20, no. 1 (2006): 77–101. http://dx.doi.org/10.1163/026805506777525429.

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Blank, Andreas. "Leibniz, Locke, and the Early Modern Controversy over Legal Maxims." History of European Ideas 41, no. 8 (2015): 1080–92. http://dx.doi.org/10.1080/01916599.2015.1077152.

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Faiz, Ullah Faiz Ullah. "Applying Grice's Maxims to Judicial Language: A Forensic Linguistic Study of the 2024 Supreme Court Case in Pakistan." SOCIAL SCIENCE REVIEW ARCHIVES 3, no. 1 (2025): 840–52. https://doi.org/10.5281/zenodo.14744112.

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This study examines the linguistic patterns in the Supreme Court judgment Sunni Ittehad Council V.Election Commission of Pakistan through the lens of Grice’s conversational maxims theory (1975), specifically focusing on their forensic implications. By analyzing how adherence to or deviation from Grice’s maxims—Quantity, Quality, Relation, and Manner—affects the clarity, interpretability, and transparency of the legal judgment, the study highlights key areas where legal language may hinder public understanding. Utilizing qualitative discourse analysis

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Kamali, Mohammad Hashim. "Peace in the Islamic Tradition: One Vision, Multiple Pathways." ICR Journal 7, no. 2 (2016): 157–87. http://dx.doi.org/10.52282/icr.v7i2.261.

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This article begins by looking at peace as a theological principle, before proceeding to explore peace from various other angles, such as peace through inclusivity, peace through non-violence, peace through equity and fair treatment of others. There is also an elaborate articulation of methods for the peaceful resolution of conflicts, including counselling (nasihah), conciliation (sulh), arbitration (tahkim), forgiveness (‘afwa), and truce (alhudnah). After reviewing these, the discussion then presents a selection of Islamic legal maxims (qawa’id kulliyyah fiqhiyyah) that accentuate the primac

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Mahmud, Ahmad Tarmizi, Irwan Mohd Subri, and Mohd Nasir Abdul Majid. "Analisis Aplikasi Kaedah-Kaedah Fiqh Dalam Kertas Kajian Jawatankuasa Muzakarah Majlis Kebangsaan Bagi Hal Ehwal Ugama Islam Malaysia Berkaitan Isu Pandemik COVID-19: Satu Sorotan Literatur." Journal of Fatwa Management and Research 28, no. 2 (2023): 104–22. http://dx.doi.org/10.33102/jfatwa.vol28no2.512.

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Abstrak Kaedah-kaedah fiqh ialah prinsip fiqh umum yang menghimpunkan hukum-hukum permasalahan fiqh. Ia merupakan salah satu komponen penting dan asas sandaran ketika ijtihad dalam mengeluarkan fatwa. Mutakhir ini, pelbagai permasalahan baharu muncul ekoran daripada penularan pandemik COVID-19 yang melanda negara. Aplikasi kaedah fiqh pula dilihat antara instrumen yang terbaik dalam menyelesaikan permasalahan tersebut yang kebanyakannya kompleks dan keterbatasan nas syarak mengenainya. Terdapat beberapa pandangan hukum telah dikeluarkan oleh pihak berautoriti agama namun sebahagiannya te

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Suparman, Suparman Kholil, and Mohammed Hersi. "Between Strict and Flexibilty: A Comparative Insight of Qawa'id al-Fiqhiyyah in Islamic Banking Practices of Saudi Arabia and Pakistan." BANCO: Jurnal Manajemen dan Perbankan Syariah 6, no. 2 (2025): 114–26. https://doi.org/10.35905/banco.v6i2.12799.

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Purpose – This study aims to analyze how Islamic legal maxims are implemented in the banking sectors of Saudi Arabia and Pakistan, with comparative insights from Indonesia and Malaysia Method – Using a qualitative comparative approach, this research examines fatwas, regulatory frameworks, and governance structures to assess the operationalization of key legal maxims such as al-umuru bi maqasidiha (matters are judged by their objectives) and la darar wa la dirar (there should be neither harming nor reciprocating harm).. Findings – The findings reveal significant differences in the rigidity and

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Putra, Valdi Giffari Rahmayati, Angga Febriyatko, and Hasan Busri. "Hate Speech in Instagram Comments of DPR RI: A Forensic Linguistic Analysis." KEMBARA Journal of Scientific Language Literature and Teaching 10, no. 1 (2024): 173–96. http://dx.doi.org/10.22219/kembara.v10i1.28128.

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This study aims to examine the comments on Instagram posts made by the Indonesian House of Representatives (DPR RI) through forensic linguistic analysis employing lexical semantics, speech act theory by Searle (1979), and the violation of politeness maxims according to Leech (2014). The research also focuses on identifying legal violations within these comments. The research methodology utilized is qualitative, employing a case study approach. Data collection was conducted through documentation by capturing all comments posted on the DPR RI's Instagram post on July 20, 2023, via screenshots. D

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Mun'im, Zainul. "Peran Kaidah Fikih dalam Aktualisasi Hukum Islam: Studi Fatwa Yusuf Al-Qaradawi tentang Fiqh Al-Aqalliyat." Al-Manahij: Jurnal Kajian Hukum Islam 15, no. 1 (2021): 151–72. http://dx.doi.org/10.24090/mnh.v15i1.4546.

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Fiqh as a product of Islamic law must always be up to date to become a religious solution for society. This fact requires scholars to have high creativity in doing ijtihad so that actualizing of Islamic law can be realized perfectly in today's contemporary era. One of the scholars who focus on the actualization of Islamic law is YuÌ„suf al-QaradÌ£aÌ„wiÌ„. His fatwas, which contain actualizations of Islamic law, are fatwas on Muslim minority issues (fiqh al-aqalliyaÌ„t). This study highlights the role of Islamic legal maxims (al-qawaÌ„id al-fiqhiyyah) in al-Qaraá¸ÄwÄ«'s fatwa on fiqh al-aqall

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