Zakat, Fasting, and Hajj Through Legal Maxims

Az-Zarqa's commentary on the legal maxims offers penetrating analysis of the pillars of Islam through the lens of the ninety-nine Majalla principles. His treatment reveals how these abstract maxims govern concrete religious obligations.

For zakah, az-Zarqa applies the maxim 'the ruling follows the intention of the parties' with particular care. zakah is due on trade goods when the owner holds them with the intention of profit through sale. Az-Zarqa explains why this intention requirement is so central: property held for personal use is not subject to the zakah on trade goods even if it is more valuable than a nisab, because the defining character of trade goods — their quality as circulating capital — depends entirely on the owner's purpose. A change in intention, from trade to personal use or vice versa, alters the zakah obligation from that moment forward.

The maxim 'necessity has its measure' (ad-darurat tuqaddar bi-qadraiha) applies in fasting law to the question of how much a person may eat or drink when breaking the fast for medical necessity. The permission to break the fast is bounded by genuine need: a diabetic patient who needs food or medicine may consume what is medically required, not simply what is desired. Az-Zarqa discusses this boundary carefully, noting that the concession of necessity must not expand beyond its justifying cause.

The maxim 'hardship brings ease' structures the entire chapter of travel concessions in both prayer and fasting. Az-Zarqa explains that the travel distance that triggers the concessions (qasr prayer and permissibility of breaking the fast) is fixed by the scholars through ijtihad on the basis of the prophetic Sunnah. The distance is not infinitely variable according to individual perception of hardship, but is fixed at a defined distance because the legal system requires predictability and consistent application.

For hajj, the maxim 'the origin in acts of worship is prohibition without a specific text' reminds jurists that the rites of hajj are precisely defined and cannot be freely supplemented. Az-Zarqa uses this maxim to explain why the Hanafi scholars insisted on the specific texts establishing each rite before accepting it as part of hajj, and why innovations in the rituals — however well-intentioned — are treated with caution.

Az-Zarqa also applies the maxim of removing harm to the social dimensions of zakah: the obligation is not purely between the individual and Allah but has a social function in reducing inequality and providing for the vulnerable. The legal rulings that determine who qualifies as a zakah recipient and how much they may receive reflect the principle that the harm of poverty is to be alleviated by the institution of zakah, within the specific parameters the Shariah has established.