Meaning of the Juristic Maxims
The term qawāʿid (sing. qāʿidah) literally denotes the foundation of a structure. In legal usage it refers to a predominant rule that applies to most of the cases falling under it, so that their rulings can be deduced from it. Because some sub-issues may be excluded by a specific text, a necessity, a qualifying restriction, or a decisive effective cause, the maxim is described as prevailing rather than absolutely universal.
Distinctive features
Juristic maxims are characterized by extreme conciseness coupled with breadth of meaning; they belong to what is called “the compendia of speech.” Thus the sayings, “Acts are judged by their intentions” and “Hardship begets facility” are each grand universal maxims under which an untold number of diverse legal questions are subsumed. These overarching rules give structure and order to the subsidiary practical rulings.
Al-Qarāfī remarked: “The overarching juristic maxims are of lofty rank, encompassing the subtleties and wisdoms of the Sacred Law. They are indispensable in fiqh and immensely beneficial. The more comprehensively a jurist masters them, the greater his stature becomes and the clearer the avenues of issuing fatwas. Whoever disciplines fiqh with its maxims is relieved from having to memorize the majority of particulars, for they all fall under the umbrella of these universals.”
Categories and ranks of the juristic maxims
The maxims are not all equal in breadth and scope. There are the major maxims—five in number—under each of which many other juristic maxims are subsumed. Because of the multitude of branches and legal questions from the various fields of fiqh that they enfold, they are the most comprehensive of all. These five maxims are: