Appraisal Of The Maxim Of Al-ibaḥah Al-aṣliyyah (original Lawfulness) And The Scope Of Its Applications
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.  

Related Articles