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Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas
Open accessAbstract
Subsequent to the crystallization of the legal schools, Muslim jurists felt the need to consolidate the massive corpus of legal opinion in order to aid students and practitioners of the law. The result was legal maxims (qawāʿid fiqhiyya), concise theoretical statements that captured the objectives of the Sharia. An example is al-ḍarar yuzāl (“Harm must be removed”), which is based on the hadith lā ḍarar wa-lā ḍirār. This article analyzes the role of legal maxims in Yūsuf al-Qaraḍāwī's (b. 1926 in Egypt) jurisprudence and fatwas, as found in his numerous books and articles. Its preliminary assumption is that Qaraḍāwī uses legal maxims to control and systematize the use of considerations of public welfare (maṣlaḥa), especially in the field of “the jurisprudence of reality” (fiqh al-wāqiʿ). Because this fiqh deals mainly with political topics on which there are hardly any guidelines in scripture, and stems therefore from mostly nontextual benefits (maṣāliḥ mursala), it is an area vulnerable to undisciplined use of utilitarian considerations by jurists. Legal maxims then come in handy when weighing the relevant benefit and harm related to each topic.
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TL;DR
The article analyzes how Yūsuf al-Qaraḍāwī uses Islamic legal maxims in his jurisprudence and fatwas, placing them below revealed texts and Sharia objectives in his ijtihād hierarchy. It argues that maxims are especially important for modern political, medical, and public-policy questions, where Qaraḍāwī weighs benefit and harm.
Key findings
- Qaraḍāwī did not write a dedicated study on legal maxims, but refers to them under varied labels; he treats maxims grounded in clear Quranic or prophetic texts as definitive proofs, while generally ranking revealed texts first, Sharia objectives second, and maxims third.
- In 32 fatwas where the author found maxim use, excluding the jurisprudence of Muslim minorities, maxims appear most often in contemporary political/public-policy topics (14 cases), new medical topics (6), and old topics newly illuminated by science (3); less often in family law (4), female modesty (2), bank interest (1), worship (1), and morality (1).
- Maxims support leniency and necessity-based reasoning, such as permitting Western Muslims’ political participation, allowing interest-based home financing when Islamic banking is unavailable, permitting a woman to travel without a male relative, and prohibiting smoking and female genital mutilation based on modern evidence of harm.
- In exceptional cases, harm-benefit balancing and necessity lead Qaraḍāwī to set aside clear textual indicators, for example permitting suicide attacks in Palestine, forbidding Israeli Palestinians from Knesset participation, and forbidding visits to al-Aqsa Mosque.
Methods
- Doctrinal and textual analysis of Qaraḍāwī’s writings and fatwas, with an appendix listing fatwas drawn mainly from *Min hudā l-Islām: Fatāwī muʿāṣira* and some online sources.
- The author identifies fatwas in which maxims are invoked, categorizes them by legal field and topic, and reconstructs how Qaraḍāwī integrates maxims with maqāṣid, revealed texts, and harm-benefit calculation.
- The study situates Qaraḍāwī’s approach through comparisons with premodern jurists such as al-Qarāfī, al-Juwaynī, and al-Shāṭibī, and modern figures such as Muḥammad ʿAbduh, Rashīd Riḍā, and Bin Bāz.
Limitations
- The paper does not state a formal limitations section.
- Evident from the text: the count of 32 fatwas reflects the author’s own identification of maxim use and excludes *fiqh al-aqalliyyāt al-muslima*, so it is not a complete census of Qaraḍāwī’s fatwas.
- Evident from the text: conclusions about Qaraḍāwī’s “fiqh of reality” depend on the author’s interpretation of selected published fatwas and writings.
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Claims the paper makes
55 Sources not found · 43 No basis given · 8 Own interpretation · 5 Own result
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In the paper
“In Qaraḍāwī's middle-of-the-road (wasaṭī) legal method, the reliance on maxims is connected to the lenient character he ascribes to Islamic law.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
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In the paper
“In fiqh, he argues, there is a balance between stability and flexibility: the fiqh's general principles are immutable, yet its specific rules are flexible.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
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“In balancing harm, the jurist must rely on the priorities set by Sharia objectives-for example, harm caused to one of the benefits that are essential for human existence (ḍarūriyyāt) is graver than harm caused to one of the “needed” benefits (ḥājiyyāt) or the “enhancing” benefits (taḥsīniyyāt).”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
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In the paper
“Finally, fiqh takes into consideration necessities, excuses (aʿdhār, sing.ʿudhr), and exceptional circumstances.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
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In the paper
“The third principle is that to prevent continuous suffering or difficulty, “A genuine need becomes a necessity” (al-ḥāja tanzilu manzilat al-ḍarūra) and therefore makes the prohibited permitted.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
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In the paper
“Allāh, who left a wide legal field for human consideration, grants that flexibility.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
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In the paper
“As for the detailed texts, the majority of them are prone to various interpretations, due to linguistic problems and different exegetical views.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
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In the paper
“The majority of the Quran and hadith texts discuss general principles and not details.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
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In the paper
“It is an accepted principle that law adapts to changing times, places, circumstances, and social customs.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
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In the paper
“Qaraḍāwī explains that the general principle with respect to priorities can be drawn from the Quran and the Sunna:”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Qaraḍāwī 1995: 7-9, 15-16
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- It may state two separate claims as one. 46
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In the paper
“The first, which enjoys consensus because it is revealed in five quranic verses, is “Necessities make the prohibited permissible” (al-ḍarūrāt tubīḥ al-maḥẓūrāt).”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
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In the paper
“Qaraḍāwī asserts that if the Muslim believer is in dire need of something that is forbidden by a text, Islamic law treats this problem according to three principles.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
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In the paper
“The jurists established these principles (aṣṣalahā al-fuqahāʾ) by deriving them from the revealed texts and by looking into the rules of the Sharia (istiqrāʾ aḥkām al-sharīʿa).”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Qaraḍāwī 2007: 151-52
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In the paper
“The second, completing the first, reads “The extent of permitting a prohibited act must not exceed the scope of the necessity” (mā ubīḥa li-l-ḍarūra yuqaddar bi-qadrihā fa-lā natawassaʿ fī l-ibāḥa illā bi-qadr al-ḍarūra).”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
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In the paper
“Qaraḍāwī has not dedicated any specific study to legal maxims, but he refers to them sporadically in his writings.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
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In the paper
“If causing harm cannot be avoided, it must be the least possible.”
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“If there is a clash between a benefit and a harm, the greatest benefit and the least harm must be chosen and the averting of harm is preferred to bringing about a benefit (darʾ al-mafāsid muqaddam ʿalā jalb al-maṣāliḥ).”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
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In the paper
“His use of terminology to refer to them is varied.He often employs “maxims of Islamic law” (qawāʿid sharʿiyya; qawāʿid al-sharʿ, and qawāʿid al-sharīʿa al-ʿāmma) as a synonym of “jurisprudential maxims” (qawāʿid fiqhiyya).”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
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In the paper
“In addition, Qaraḍāwī claims that the philosophy of “everything or nothing” (kull shayʾ aw lā shayʾ) is incompatible with both the Sharia and reality (marfūḍa sharʿan wa-wāqiʿan).”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 22
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In the paper
“The first is that “harm must be eliminated as much as possible,” which is composed of the maxim “Harm must be eliminated” and Q 65:7, which states that Allāh does not burden a believer beyond his ability.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 22
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In the paper
“Cloning of animals is permitted if scientific experts determine that its benefits are real and not imaginary (mutawahhama) and no harm to the animal takes place.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 27
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In the paper
“The second consideration that Qaraḍāwī provides is the maxim “If causing harm is required, it must be the least possible.”This maxim is based on the quranic episode of the golden calf, which testifies to the permissibility of temporarily making peace with evil, fearing the occurrence of a greater evil, 58 and on a Prophetic hadith.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 22
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In the paper
“In addition, the Quran places the responsibility for deviating from the Sharia not only on the tyrannical ruler but also on all who collaborate with him and render him services.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 22
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In the paper
“Finally, he implies that if there exists a specific necessity, it might justify such participation, yet necessities must be dealt with according to their level of emergency, without expanding the permission, to ensure that the exceptional does not become the guiding principle.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
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In the paper
“Qaraḍāwī holds that adopting this opinion is a practical necessity, citing the above-noted maxims “Necessities make the prohibited permissible,” “No incipient or retaliatory injury,” and “Hardship begets facility.””
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 2
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In the paper
“Qaraḍāwī then concludes his argument by claiming that the current weakness of Muslims requires the providing of relief.Since it is impossible at the moment for the Muslim Brothers to govern their countries, which is the ideal, it is necessary to compromise with the reality and to cooperate with non-Islamic governments if the Islamic nation benefits from that.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 22
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In the paper
“Qaraḍāwī differed, emphasizing that the debate between Bin Bāz and himself was not legal in nature but focused on the incorrect analysis of the international and political situation by Bin Bāz.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
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In the paper
“First, the Muslim who works for such a government must have real, not merely symbolic, power, so that he is able to combat evil in his work.Second, if this government is extremely evil and oppressive, he must not work for it.”
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“Third, he must be able to resist anything that clearly contradicts Islamic values, going so far as to resign his job if necessary.Fourth, Muslims who participate in a non-Islamic government must review their accomplishments from time to time to see whether they justify continuing their cooperation.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 22
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In the paper
“Based on the same premise, women may uncover their faces and they cannot be forced to wear a niqāb (a veil that covers all but the eyes), because such a demand in the context of modernity is a rigidity that is incompatible with the permissive nature of Islam.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 14
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In the paper
“Other relevant principles applied by jurists in cases of such a clash are that causing a small harm is forgiven if a great benefit is secured; a temporary harm is bearable if a permanent benefit is guaranteed; and a secured benefit must not be given up for fear of an imagined harm.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Qaraḍāwī 1995: 20-22
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In the paper
“In Fatwa 36, Qaraḍāwī calls on the Taliban to postpone demolishing the Buddha idols in Afghanistan, because the doubtful profit gained by this act is considerably outweighed by the potential harm of stirring up the enmity of the entire Western world against them.In addition, this act will jeopardize the lives of Muslim minority communities living among Buddhist majorities in Southeast Asia.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 36
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In the paper
“Citing another maxim, “Means that are necessary for accomplishing a religious duty become a duty in themselves” (mā lā yatimm al-wājib illā bihi fa-huwa wājib), Qaraḍāwī claims that if Muslims in the West are unable to protect their livelihood and achieve their aims without political participation, the latter becomes a religious duty.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 34
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In the paper
“Qaraḍāwī prohibits Israeli Palestinians to stand for office in the Israeli parliament.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 25
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
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- Not matched
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“Qaraḍāwī argues that the classical theorists pointed to the need of the mujtahid to be familiar with the general maxims and to grant them precedence over the specific legal rules (juzʾiyyāt).”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plaindirect- Asserted: passes — The authors put it forward as true.
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A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“It is important to note that here Qaraḍāwī does not base his opinion exclusively on the above-mentioned maxim.Rather, he summarizes both premodern legal opinions”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plain- Asserted: passes — The authors put it forward as true.
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The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“He admits that, at first glance, it might be beneficial for Palestinians to become members of the Knesset, since it enables them to fight for their rights as a national minority.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
hedgedconditional- Asserted: passes — The authors put it forward as true.
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Probably not a substantial claim. The paper’s conclusions may not depend on it.
In the paper
“The first is the norm of gradual progress (sunnat al-tadarruj), according to which, as with natural developments, the Muslim community is forced to realize the purposes of the law gradually because it is not always possible to achieve their entirety immediately.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 22
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
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Probably not a substantial claim.
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In the paper
“Preventing harm and balancing between it and benefit inform a number of opinions in which Qaraḍāwī legitimizes the intervention of state authorities in the public sphere, aimed at bringing about justice.Thus, the state is welcome to intervene in fixing the rates of workers' salaries and the rental fees of apartments.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwas 7, 8
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
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In the paper
“In his fatwas on the legitimacy of women being elected to parliament, for example, he uses this maxim as his starting point, followed by a systematic refutation of all the textual and other pieces of evidence produced by those who oppose women's participation in politics.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwas 15, 16
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
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- Not matched
In the paper
“Qaraḍāwī held that Israelis did not truly incline to peace so that the verse was not applicable to the case and jihad against them had to continue until they gave back the territories they had usurped.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 24
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
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Probably not a substantial claim. It may state two separate claims as one.
- Not matched
In the paper
“As might be expected because rules of worship seldom require ijtihād, Qaraḍāwī's use of maxims in the realm of worship is rare.The only case that I have come across is his fatwa on the stoning ceremony (ramy) in Mina, which is part of the annual pilgrimage.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 2
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
hedgedSingle case- Asserted: passes — The authors put it forward as true.
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In the paper
“This is because Palestinian participation in the Knesset is an implicit recognition of the legitimacy of the Israeli state and of its right to remain in this territory.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 25
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
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Probably not a substantial claim. It may state two separate claims as one.
- Not matched
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“There are two fields in which Qaraḍāwī makes frequent use of maxims (especially “Necessities make the prohibited permissible”).The first is “the jurisprudence of Muslim minorities” (fiqh al-aqalliyyāt al-muslima) 53 and the second is international politics, especially in questions involving Israel.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plaincorrelational- Asserted: passes — The authors put it forward as true.
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The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“Worth mentioning in this respect is his dispute with the Saudi Chief Mufti, ʿAbd al-ʿAzīz Bin Bāz (d.1999), concerning the Oslo Accords, signed between Israel and the PLO in 1993.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plaincorrelational- Asserted: passes — The authors put it forward as true.
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Probably not a substantial claim. The paper’s conclusions may not depend on it.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“As for creative ijtihād, it operates in the context of novel cases on which the revealed texts are silent and therefore the reliance on consideration of the public good (maṣlaḥa) is dominant.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plaindirect- Asserted: passes — The authors put it forward as true.
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Probably not a substantial claim.
In the paper
“Qaraḍāwī cites the same maxim in Fatwa 30 concerning the purchase of a house in the West.He explains that the usurer is the one who gains, while the borrower loses.The Islamic prohibition on interest is meant on account of the usurer, while the borrower is included in the prohibition only as a preventive means.When there is a distinct necessity, however, the prohibition on taking out a loan may be”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 30
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
hedgedconditionalSingle case- Asserted: passes — The authors put it forward as true.
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- Not matched
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“Thus, on the one hand, he permits Muslims, against quranic proscriptions, to participate in a government that is not committed to Islamic law; on the other hand, he forbids Muslims to visit al-Aqsa Mosque, which an authentic Prophetic hadith recommended, on the grounds of the potential harm of such a visit to the Palestinian political cause”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plaindirect- Asserted: passes — The authors put it forward as true.
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It may state two separate claims as one.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“In the case of polygyny, Qaraḍāwī insists, unlike ʿAbduh, that it does not cause any social harm but provides a balanced solution to the unequal numbers of males and females in society, as well as to the danger of illicit sexual relations.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plaindirect- Asserted: passes — The authors put it forward as true.
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It may state two separate claims as one.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“Qaraḍāwī uses this maxim differently than Ibn Taymiyya and Ibn Qayyim.He does not emphasize the preponderant benefit acquired by the woman traveling on her own as outweighing the potential harm to her chastity.Rather, the safety of modern travel conditions precludes the occurrence of such harm in the first place.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plaindirect- Asserted: passes — The authors put it forward as true.
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The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“He does permit the cloning of specific parts of the human body, such as heart and kidneys, for the purpose of treatment, which he contends is recommended and rewarded by Allāh.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plain- Asserted: passes — The authors put it forward as true.
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The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“He explains that modern travel conditions provide the utmost personal security”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plaindirect- Asserted: passes — The authors put it forward as true.
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Probably not a substantial claim.
In the paper
“A representative example is his prohibiting the marriage of a Muslim male to a non-Muslim female (usually a Christian or a Jew), which is permitted by Q 5:5 and has been an oft-occurring practice in Islamic history.Qaraḍāwī argues that modern conditions, particularly in the West but in Islamic countries as well, make such a marriage dangerous for the future of Islamic communities”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 4
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
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- Not matched
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“He explains that modern travel conditions provide the utmost personal security 79.This maxim is derived from the example of the Prophet, who did not annul existing marriage contracts of new converts to Islam although these contracts were void from an Islamic legal perspective since they were conducted”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plaindirect- Asserted: passes — The authors put it forward as true.
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Probably not a substantial claim. It may state two separate claims as one.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Indeed, in thirty-two of his fatwas in which I have come across a resort to maxims (I excluded the cases of fiqh al-aqalliyyāt al-muslima), Qaraḍāwī cites maxims mainly to answer contemporary political topics or ques-”
- Also stated in: § Abstract · plain
“tions of public policy (fourteen cases), new medical topics (six cases), or old ones on which modern science throws new light (three cases).Less frequently, they are deployed in questions concerning family law (four cases), female modesty (two cases), bank interest (one case), worship (one case), and morality (one case).”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plaincorrelational- Asserted: passes — The authors put it forward as true.
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- Also stated in: § Abstract · plain
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“One notes that in this case, unlike in the majority of his opinions, Qaraḍāwī bases his opinion exclusively on legal maxims, without mention of the Hanafi opinion, which places such a marriage between the moral categories of abhorred and prohibited (karāha taḥrīmiyya) on the same grounds indicated by Qaraḍāwī.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plainSingle case- Asserted: passes — The authors put it forward as true.
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In the paper
“Qaraḍāwī concludes that such marriages should therefore be disallowed as a preventive means, to be permitted only in cases of unavoidable necessity or a dire need.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 4
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plain- Asserted: passes — The authors put it forward as true.
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Probably not a substantial claim. It may state two separate claims as one.
- Not matched
In the paper
“He specifies that a Muslim who wishes to partake in politics to defend the liberties of his coreligionists and their civil rights, their cultural identity, and their communal interests, as well as to contribute to the entire society, is blessed in the eyes of Allāh and worthy of the praise of his brother Muslims.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 34
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
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Probably not a substantial claim. The paper’s conclusions may not depend on it.
- Not matched
None of the sources cited for this claim could be matched to a paper in Crossref, so there is nothing to check it against.
In the paper
“In some cases, he has found that the maxim is in line with the predominant opinion, or that there was no one dominant opinion (e.g., Fatwas 26, 40).In other cases, the maxim suited minority opinions (Fatwas 2, 3, 22, 30).”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwas 26, 40
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Not matchedcites Fatwas 2, 3, 22, 30
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaincorrelational- Asserted: passes — The authors put it forward as true.
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- Not matched
In the paper
“In Fatwa 6, he permits the use of modern technology to select the gender of the fetus by parents only in cases of necessity, since this procedure is a violation of Allāh's capacity as the sole creator in the universe.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 6
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
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- Not matched
In the paper
“Except for the above-mentioned unusual cases, in which necessity or a dire need to prevent highly probable harm supersedes a textual indicator, in the majority of cases the clash between a revealed text and maxims is avoided.This is because of Qaraḍāwī's claim that the relevant text is not certain and is disputed, and therefore a maxim may supersede it (e.g., Fatwas 20, 22, 31).”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwas 20, 22, 31
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
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- Not matched
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“But because it interferes with the diversity of creation, prevents determining the relation of the cloned to the original, and infringes on the pattern of creating things in pairs, he prohibits categorically the cloning of an entire human body.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plaindirect- Asserted: passes — The authors put it forward as true.
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Probably not a substantial claim. It may state two separate claims as one.
In the paper
“In his view, if the purpose of the travel is legitimate and respectful, there is no justifiable reason to prohibit it.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 3
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plain- Asserted: passes — The authors put it forward as true.
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Probably not a substantial claim.
- Not matched
None of the sources cited for this claim could be matched to a paper in Crossref, so there is nothing to check it against.
In the paper
“Thus, he prohibits both female genital mutilation and smoking, which the majority of premodern jurists permitted, based on the certain knowledge that modern science provides regarding the mental and physical harm that they cause.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites Fatwa 31
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Not matchedcites Fatwa 10
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
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It may state two separate claims as one.
- Not matched
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“Qaraḍāwī has a more lenient opinion of animal cloning than of human cloning, in principle because cloning uses existing bodily materials and thus does not pose a theological problem of imitating God's creation, whereby he does not view it as creation of life.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plaindirect- Asserted: passes — The authors put it forward as true.
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It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“These two topics-Islam in Europe and Israel-are treated differently by Qaraḍāwī because of the dire need he ascertains to facilitate the success of Islamic propaganda in the West, as well as to restore Islamic dominion over the sacred land of Palestine, usurped by the Zionist movement from its legal owners.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plaindirect- Asserted: passes — The authors put it forward as true.
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It may state two separate claims as one.
In the paper
“He [ʿAbduh] said, “We therefore learn that polygyny is strictly forbidden (muḥarram qaṭʿan) whenever there is fear of the absence of equality between the co-wives.””
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
What the sources say
- Not matchedcites ʿAbduh 1910
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
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Probably not a substantial claim. The paper’s conclusions may not depend on it.
- Not matched
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“The reliance on maxims is typical of the maqāṣidī approach of the modern Salafiyya, which Qaraḍāwī follows.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plaincorrelational- Asserted: passes — The authors put it forward as true.
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It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“In conclusion, since Qaraḍāwī's methodology assumes that the number of older legal questions on which there is consensus is low, and since there are rarely any revealed textual texts with regard to novel questions of law, a wide area of topics available for ijtihād is open to him.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may state two separate claims as one.
- The authors state this as an assumption: Qaradawi's methodology assumes that few older legal questions have consensus and that clear revealed texts for novel legal questions are rare.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Because premodern jurists extracted the leading maxims from revealed texts, which makes the maxims an integral part of the Sharia, Qaraḍāwī is able to demonstrate that his opinion-making is not arbitrary or purely utilitarian, but is anchored solidly in divine law.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
boosteddirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Rests on an assumption: Premodern jurists extracted the leading maxims from revealed texts, which makes the maxims an integral part of Sharia.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“This potential danger justifies invalidating the permission.”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim.
The paper relies on this without support.
A gap exists in existing scholarship concerning the role legal maxims play in al-Qaradawi's methodology and fatwas.
“The current study seeks to fill a gap by analyzing the role that legal maxims play in the methodology and fatwas of the well-known Egyptian jurist and mufti Yūsuf al-Qaraḍāwī (b.1926).”
The paper relies on this without support.
Premodern jurists extracted the leading maxims from revealed texts, which makes the maxims an integral part of Sharia.
“Because premodern jurists extracted the leading maxims from revealed texts, which makes the maxims an integral part of the Sharia”
The authors state this as an assumption.
Qaradawi's methodology assumes that few older legal questions have consensus and that clear revealed texts for novel legal questions are rare.
“since Qaraḍāwī's methodology assumes that the number of older legal questions on which there is consensus is low, and since there are rarely any revealed textual texts with regard to novel questions of law”
Self-check
Percentages, sums and reported differences re-computed from the paper’s own numbers.
Rated minor: it would not touch a result — a value no result rests on, a p-value that stays on the same side of the significance level, or a conflict that is clerical, resolved elsewhere in the paper, or outside its own findings.
In the paper
“the ninety-one maxims that make up articles two to one hundred”
§ Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas > Abstract
Reported 91 · recomputed 98
Citations
Cites
Kamali, M. H. (2008) · Cited by 351
Authority, continuity, and change in Islamic law /
Hallaq, W. B. (n.d.) · SDÜ Bilgi Merkezi · Cited by 335
Authority, Continuity and Change in Islamic Law
Hallaq, W. B. (2001) · Cambridge University Press eBooks · doi:10.1017/cbo9780511495557 · Cited by 169
Doubt in Islamic Law: A History of Legal Maxims, Interpretation, and Islamic Criminal Law
Welton, M. D. (2015) · The Middle East Journal · Cited by 94
Rabb, I. A. (1920) · Cambridge University Press eBooks · doi:10.1017/cbo9781139953054 · Cited by 61
Islamic Legal Maxims as Substantive Canons of Construction: Hudūd-Avoidance in Cases of Doubt
Rabb, I. A. (2010) · Islamic Law and Society · doi:10.1163/092893809x12472107043920 · Cited by 43
Islamic Law and the State: The Constitutional Jurisprudence of Shihab al-Din al-Qarafi
Sabra, A., & Jackson, S. A. (2000) · Journal of Law and Religion · doi:10.2307/1051536 · Cited by 36
Fatwā and War: On the Allegiance of the American Muslim Soldiers in the Aftermath of September 11
Nafi, B. M. (2004) · Islamic Law and Society · doi:10.1163/156851904772841426 · Cited by 34
Legal Maxims in Islamic Criminal Law: Theory and Applications
Zakariyah, L. (2015) · Brill | Nijhoff eBooks · doi:10.1163/9789004304871 · Cited by 34
Islamic Legal Minimalism: Legal Maxims and Lawmaking When Jurists Disappear
Rabb, I. A. (2013) · Palgrave Macmillan US eBooks · doi:10.1057/9781137078957_8 · Cited by 30
Research works printed but not linked: 3
- Hasan, A. 2004. A Comparative Study of Islamic Maxims in Majallat al-Aḥkām al-ʿAdliyyah, Jordanian Civil Code and United Arab Emirates Law of Civil Transaction. The Islamic Quarterly 47: 47-68.
- ---, et al. 2016. The Relevance of Islamic Legal Maxims in Determining Some Contemporary Legal Issues. International Islamic University of Malaysia Law Journal 24: 415-51.
- ---. 2012c. Islamic Legal Maxims for Attainment of Maqasid-al-Shariʿah in Criminal Law: Reflec- tions on the Implications for Muslim Women in the Tension between Shariʿah and Western Law. In Women in Islam: Reflections on Historical and Contemporary Research, ed. T. Lovat, 117-34. Dordrecht: Springer.
Cited by
Sorted by citations
Environmental sustainability and contemporary Islamic society: A Shariah perspective
Nasir, N. M., Nair, M. S., & Ahmed, P. K. (2022) · Asian Academy of Management Journal · doi:10.21315/aamj2022.27.2.10 · Cited by 30
Gribble, K. D., Zambrano, P., Omer‐Salim, A., Chua, M. C., Hajeebhoy, N., Nguyen, T. T., Pramono, A., & Mathisen, R. (2025) · International Breastfeeding Journal · doi:10.1186/s13006-025-00704-w · Cited by 9
Hadi, M. N., Islamiyah, L., & Kurniawan, C. S. (2023) · Journal of Islamic Law · doi:10.24260/jil.v4i2.1637 · Cited by 7
LEGAL FOUNDATIONS OF INTERGENERATIONAL EQUITY: AN ISLAMIC APPROACH TO ENVIRONMENTAL JUSTICE
Gul, B. A. M. P. (2023) · Pakistan Journal of International Affairs · doi:10.52337/pjia.v6i4.987 · Cited by 2
Citizenship in the Writings of a Post-Islamist Ex-Muslim Brother: The Case of Ruhayyil Gharayiba
Wagemakers, J. (2023) · Religions · doi:10.3390/rel14040488
Metadata
- Authors
- Shaham, R.
- Corresponding author
- Shaham, Ron
- Venue
- Journal of the American Oriental Society
- Publisher
- American Oriental Society
- Published
- 2021-09-19
- Volume
- 140
- Issue
- 2
- ISSN
- 0003-0279 (ISSN-L)
- 2169-2289
- OpenAlex
- W3040887763
- Cited by
- 19
- References
- 18
- Citations by year
- 2026: 9 · 2025: 5 · 2024: 1 · 2023: 3 · 2022: 1
- FWCI
- 7.28
- Type
- journal article
- Language
- en
- Open access
- bronze
- doi.org
- Locations
- Journal of the American Oriental Society (publishedVersion)
- Topics
- Social Sciences › Arts and Humanities › Religious studies › Qur’anic Interpretation Studies
- Social Sciences › Political Science and International Relations › Islamic Studies and History
- Social Sciences › Arts and Humanities › Religious studies › Islamic Thought and Society Studies
- Keywords
- legal maxims, Yusuf al-Qaradawi, maslahah, Islamic jurisprudence, fatwa
About these checks
Registry, retraction, Cites and statistics results are computed, not judged, with one exception: a printed reference that no index lists is read once by a model before it counts as a citation error. Claims are extracted by a model and kept only when their quote appears verbatim in the text; each cited source is then checked, with a model’s help, for whether it says what the claim relies on. Those verdicts can be wrong — read the claim’s quote and the cited source before relying on one.
A language model drew the claims from the paper on 2026-10-04, under version 3 of the claim definition (model deepseek-v4.1-flash, prompt extract-v3).
A second model labelled each claim on 2026-10-04 (model jev-1.13-20260917, definition revision gold-guideline-v0.2).
Statistics and arithmetic are recomputed, not judged.
Confidence bands are shown only for fields calibrated on our annotated test set. None is calibrated yet, so no band is shown.
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How to cite
Cite CoChat for the checks on this page, and the paper for its own findings.
- This page
- CoChat. (2026). Citation check: Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas. https://app.cochat.ai/papers/10.7817/jameroriesoci.140.2.0435
- The paper
- Shaham, R. (2021). Legal Maxims (qawāʿid fiqhiyya) in Yūsuf al-Qaraḍāwī's Jurisprudence and Fatwas. Journal of the American Oriental Society. https://doi.org/10.7817/jameroriesoci.140.2.0435
