Journal by Muhammad Shettima
7 Articles foundAppraisal Of The Maxim Of Al-ibaḥah Al-aṣliyyah (original Lawfulness) And The Scope Of Its Applications
Author(s): Muhammad Shettima
ABSTRACTThis paper appraised the maxim of original lawfulness which isoften cited as a basis for legislating on matters upon which theSharī’ah is silent. It demonstrates the easiness and simplicity ofSharī’ah as living law that benefits mankind. Using doctrinalmethodology through hermeneutical and inductive approaches,the author analysed the maxim of original lawfulness, its legalbasis and jurists’ positions. The paper finds that the maxim isapplicable to mundane or worldly matters only. The maxim is asource based that originates from the Qur’an and Sunnah.Majority of jurists have accepted it as the principle that governsmatters upon which the law is silent. However, the maxim doesnot apply to spiritual acts (worship) or where the matter isharmful to human being. The paper recommends amongst otherthings that scholars must observe certain conditions in exploitingthis maxim; the matter must be mundane. Silence of the law aswell as its relative benefit must be considered.
An Appraisal of Authoritative Customs in Islamic Law and Their Legal Applications
Author(s): Muhammad Shettima , Dr. Laminu Bukar , Goni Al-Ansar
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Effect of the Maxim Hardship Begets Facility on Judicial Process During Conflicts
Author(s): Muhammad Jidda Muhammad , Muhammad Shettima , Dr. Laminu Bukar
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Analysis and Effect of Consent on the Validity Of Contract in Islamic Law
Author(s): Muhammad Shettima , MUHAMMAD ALAMIN DERIBE , Dr. Aisha Sandabe
The purpose of this paper is to analyse legal effects of consent for the validity ofcontract in Shari’ah. The work began with the definition of concept of contract (aqd) inIslamic law. Consent is a basic requirement in every contract as it is a requirement forlegalising one person’s right to another in accordance with provisions of Shari’ah. Thework shall thus focus on the element that represent consent which is the offer andacceptance and discuss matters that vitiate its validity. Using inductive, doctrinal andhermeneutical methodologies, the authors have attempted to review several works ofjurisprudence. This implies Muslim jurists’ approach to the definition and classificationshall be adopted. It is observed that consent is central in validity of contract as each ofcoercion (ikrāh), mistake (al-khaṭa’), misrepresentation (tadlīs), fraudulent deception(ghabn), questions presence of consent; and therefore, such contract is in jeopardy asthe non-consenting party can terminate it. The research concluded by recommendedthat Muslims in their dealing with individuals and corporate bodies in transactions thatare governed by Islamic law- should be aware of injunctions related to consent as it canrender the contract void.
Legal Basis of the Maxim “Necessity Renders Prohibited Things Lawful” and Scope of Its Applications
Author(s): Muhammad Shettima , Dr. Hamma Adam Biu
This work intends to review the legal basis of the maxim “al-Ḍarūrātu tubīḥ almaḥẓūrāt” (Necessity renders prohibited things lawful) and the scope of itsapplications. The work started by defining the concept of maxim and its classification.The maxim, al-Ḍarūrātu tubīḥ al-maḥẓūrāt (Necessity renders prohibited things lawful)is introduced as well as its meaning and legal basis. Conditions required for theapplication of the maxim was also presented with necessary examples. These conditionswill safeguard against any abuse in the application of the maxim. Using inductive,doctrinal and hermeneutical methodologies, the authors have attempted to reviewseveral applications of the maxim in both classical and contemporary matters. Thefinding of the works is that it is not objective of Islam to create difficulty to its followersand that in cases of necessity things that are otherwise prohibited can be legalised. Theresearch concluded by recommended that in fatwas, implications of the maxim alongwith its conditions should be taken into cognizance in order to not to create difficultyto Muslims nor fall into the slippery slope of extending the maxim beyond its legalscope of applications.
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