1 - Acts are judged by their intentions.
2 - Certainty is not removed by doubt.
3 - Harm is to be eliminated.
4 - Hardship brings about ease.
5 - Custom is authoritative.
There are other maxims that embrace fewer sub-issues than these; they are called “partial maxims,” and they will be presented, God willing.
Difference between a maxim (qāʿidah) and a regulative rule (ḍābiṭ):
The term qāʿidah is sometimes used in the sense of ḍābiṭ, and ḍābiṭ in the sense of qāʿidah, yet two differences remain:
- A maxim gathers together branches drawn from various chapters, whereas a regulative rule gathers only the branches of a single chapter.
- A maxim is acknowledged by all—or most—schools of law, whereas a regulative rule is confined to one particular school. For convenience we have referred to them all as “maxims,” naming the part after the whole, something acceptable linguistically, legally, and conventionally.
Difference between uṣūl al-fiqh and the juristic maxims:
The science of uṣūl al-fiqh is a set of principles that shows the jurist how to derive rulings from the scriptural evidences. It clarifies the foundation of the Sharia in practical obligations, charts out for the mujtahid a sound path to deduce subsidiary rulings, and protects him from error in inference.
The subject matter of uṣūl al-fiqh is the general evidences, the overarching rulings, and the manner of extracting a ruling from a general proof.
As for the juristic maxims, they are a collection of similar rulings that trace back