The Major Islamic Legal Maxims and Their Impact on the Jurisprudential Rulings of Al-Masjid al-Haram

Abstract

This study aims to elucidate the impact of the five Major Legal Maxims (Al-Qawa'id al-Fiqhiyyah al-Kubra)—namely: Matters are judged by their objectives; Hardship brings ease; Harm shall neither be inflicted nor reciprocated; Certainty is not overruled by doubt; and Custom is an arbiter—on the rulings pertaining to Al-Masjid al-Haram. The study employs an inductive-analytical methodology. Key Findings: Legal maxims serve as overarching universal principles applicable to various sub-branches and specific cases, facilitating the derivation of Sharia rulings. These maxims are integrally applied to the rulings of Al-Masjid al-Haram to ensure systematic consistency and to discern the underlying Maqasid (divine objectives) of the Sharia. Recommendations: The study recommends the initiation of specialized academic research at the Master's and Doctoral levels to further explore the influence of legal maxims on the specific jurisprudence of Al-Masjid al-Haram, as well as on the broader rulings of Hajj and Umrah.