Hence, everything He commands is, in the sight of both the Sacred Law and sound reason, good; everything He forbids is, according to both, evil. Whatever He permits is wholesome, and whatever He prohibits is foul.
These divine wisdoms and purposes permeate all the rulings of the Sharia—its fundamentals and its branches, its acts of worship and its dealings.
We therefore ask Allah, exalted is He, to grant the Muslims insight into their religion so that they may behold its beauty, excellence, and harmony with sound minds and upright natures. Allah is the One who grants success.
Twenty-Ninth Maxim: Legal consideration in contracts is given to intents and meanings, not to words and outward forms.
Explanation: The intent of a contract is what each party actually means by it. Legal rulings are not based on mere wording; rather, they are based on the aims and meanings the two parties intend when employing the expressions of the contract, for the real object of speech is its meaning, and the wording is only an indicator of that meaning. Once the intent is made clear, it is the intent that is decisive; the wording is constrained by it and the ruling is issued accordingly. Thus a “gift” made on condition of compensation is, in reality, a sale, even if the word “sale” is not used, and so forth.
Thirtieth Maxim: Prescribed penalties are averted by doubts.
This rests on the hadith traced back to the Prophet, narrated by ʿĀʾishah (may Allah be pleased with her): “Ward off the prescribed punishments from the Muslims as much as you can.”
In Fatḥ al-Qadīr, the Ḥanafī jurist stated: “The jurists of all the regions are unanimously agreed that the ḥudūd are averted by doubts.”
Ibn Nujaym said: “Retaliatory punishment (qiṣāṣ) is like the ḥudūd in being repelled by doubt; it is established only by the same evidence that establishes the ḥudūd.”
The scholars added: for a doubt to nullify a ḥadd it must be strong; otherwise it has no effect. They also said: doubt does not annul discretionary punishment (taʿzīr).