The Five Universal Legal Maxims

The five universal legal maxims are the foundational pillars of Islamic jurisprudence, accepted across all four Sunni legal schools and constituting the bedrock upon which the entire edifice of Islamic law rests. As-Suyuti's comprehensive treatment of these maxims in Al-Ashbah wan-Naza'ir remains the authoritative Shafi'i exposition of these principles.

The first universal maxim — 'Matters are judged by their purposes' (al-umur bi-maqasidiha) — is derived from the prophetic hadith: 'Actions are judged by intentions, and every person will be rewarded according to their intention' (al-Bukhari, Muslim). This maxim permeates every area of Islamic law. In worship, it means that an act without the correct intention is not valid as worship. In transactions, it means that the purpose and intention of the parties to a contract determine its legal character — a contract nominally structured as a sale but actually intended as a loan with interest is treated as the latter. As-Suyuti derives dozens of specific rulings from this maxim across all chapters of fiqh.

The second universal maxim — 'Certainty is not removed by doubt' (al-yaqin la yazul bish-shakk) — has profound practical applications. If a person performs wudu and then doubts whether something nullified it, their wudu remains valid — because the established fact (wudu) is not removed by mere doubt. If a person doubts whether they have performed two or three rak'ahs in prayer, they assume the lesser number (two) because that is what is certain. As-Suyuti provides extensive applications of this maxim in taharah, prayer, fasting, commercial transactions, and family law.

The third universal maxim — 'Hardship brings ease' (al-mashaqqah tajlib at-taysir) — is grounded in the Quranic verse: 'Allah intends ease for you and does not intend hardship' (2:185), and the prophetic hadith: 'Make things easy, do not make them difficult' (al-Bukhari). This maxim underlies the Islamic institution of concessions (rukhas) — the permitted shortenings and combinations of prayers during travel, the permission to break the fast due to illness, the permission to eat prohibited foods in life-threatening necessity. As-Suyuti traces the conditions under which this maxim activates legal concessions and the limits beyond which hardship cannot justify departure from the standard ruling.

The fourth universal maxim — 'Harm must be removed' (ad-darar yuzal) — is derived from the prophetic hadith: 'There shall be no harm and no reciprocating harm' (Ibn Majah, Malik — with multiple chains reaching the level of hasan). This maxim underlies the right to dissolve contracts that prove harmful to one party, the right to seek judicial relief from a harmful spouse, the right to seek injunctive relief against a neighbor causing nuisance, and many other protective legal mechanisms. As-Suyuti distinguishes between harm that justifies legal remedy and ordinary inconvenience that does not.

The fifth universal maxim — 'Custom is a legal reference' (al-'adah muhakkamah) — is grounded in the scholarly principle that the Quran and Sunnah frequently defer to established custom in areas where no specific ruling exists. This maxim is the basis for the Maliki school's use of 'amal ahl al-Madinah as a legal source, and for all schools' use of 'urf (local custom) in defining such concepts as 'substantial wealth,' 'appropriate maintenance,' and 'normal commercial practice.' As-Suyuti carefully delineates when custom may influence legal rulings and when it may not override explicit texts.