Qawaa‘id al-Fiqhiyyah al-Asliyyah
The maxims that apply to business transaction will …. duhh … most likely be the ones related to muamalat (dealings with others).
Obviously. we need to cover the the normative legal maxims (al-qawa‘id al-fiqhiyyah al-asliyyah) because, as noted by Kamali, this set of basic maxims cover the entire fiqh:
- “Harm must be eliminated” (Ad-dararu yuzal)
- “Acts are judged by the intention behind them” (Al-umuru bi-maqasidiha)
- “Certainty is not overruled by doubt” (Al-yaqinu la yazulu bish-shakk)
- “Hardship begets facility” (Al-mashaqqatu tujlab at-taysir)
- “Custom is the basis of judgement” (Al-‘addatu muhakkamatun)
…. I definitely need to research more on this.
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