aminahz

Legal Maxim = established principle.

Legal Maxims plays an important place in Islamic law.They encapsulate concepts that can help jurist to understanding details of law.It helps to derive Islamic where explicit exist also ruling no law exists. The actual wordings of the maxims are occasionally taken from the Qur’an or Ahadith but are more often the work of leading jurists and mujtahid

We can use this principle if there is no ruling law exists. I assume as basic principle of Shariah.

The five leading Legal Maxims are:
1. Acts are judged by their Goals and purposes. (Al Umuru Bimakasidiha)
2. Certainty is not to be overruled by doubt. (Al yaqin la yuzal Bi al‐shaq)
3. Harm must be eliminated (Al Darar Yuzal)
4. Hardship begets facility. (Al Mashaqqah Tajlib Al Taysir)
5. Custom is basis of judgments. (Al‐Adah Muhakkamah)