Saturday, January 5, 2019

Book quote: Sources for Islamic law accepted by various schools of thought


Many general principles appear in the reference books of jurisprudence but here we will only discuss thirty:
1. Possession indicates ownership
2. The principle of permissibility
3. The principle of validity
4. The principle of purity
5. Islamic law does not occasion harm
6. Islamic law does not occasion unbearable hardship
7. Certainty is not challenged by doubt
8. When a text is clear, interpretations are unacceptable
9. Liability for damage
10. Avoidance of disadvantage has priority over considerations of benefit
11. Rulings regarding conflicts in evidence
12. Table of priorities
13. Casting lots
14. Ends do not justify means
15. Contracts are based upon the intentions of participating parties
16. Not to cooperate in the perpetration of sinful actions
17. Those who have been deceived are entitled to redress
18. Actions undertaken with good intent do not incur liability
19. Nursling nurture establishes ties equivalent to blood relationships
20. Reliance on the muslim market
21. Invalid terms and conditions of contract
22. Custom circumscribes religious rulings
23. Summary knowledge is as binding as detailed knowledge
24. Persistent doubts are to be ignored
25. All liquids that cause intoxication are considered impure
26. Inability to fulfill a religious duty does not absolve one from obligation
27. Dissimulation and its manifestations
28. The execution of a will has precedence over distribution of assets
29. Speculative analogies do not provide valid bases
30. Changes of circumstance lead to changes in rulings

p. 14-15
Thirty Principles of Islamic Jurisprudence. Ayatollah Sayyid Fadhel Hosseini Milani. Recorded and edited by Amar Hegedus. Ansariyan Publications. Iran. First edition by Islam in Englis Press London. 2011.
http://ijtihadnet.com/wp-content/uploads/5795.pdf

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