10. Judgement shall be given in respect to any matter which has
been proved at any particular time, unless the contrary is proved.
Consequently, if it is proved at any particular time that a particular thing is
owned by a particular person in absolute ownership, the ownership thereof shall
be held to be valid unless circumstances arise which invalidate such
11. It is a fundamental principle that any new occurrence shall
be regarded as happening at the time nearest to the present. That is to say, if
a dispute arises regarding the cause of some new event and the time at which it
occurred, such event shall be considered with reference to the time nearest to
the present, unless it is proved that it relates to some remoter period.
12. It is a fundamental principle that words shall be construed
13. No attention shall be paid to inferences in the face of
14. Where the text is clear, there is no room for
15. A matter which has been proved contrary to legal analogy
cannot be cited by way of analogy in respect to any other matter.
16. One legal interpretation does not destroy another.
17. Difficulty begets facility; that is to say, difficulty is the
cause of facility and in time of hardship consideration must be shown. Very many
subjects of Islamic jurisprudence, such as loans, transfer of debts and
interdiction are derived from this principle, and the latitude and indulgence
shown by Islamic jurists in their rulings are all based upon this rule.
18. Latitude should be afforded in the case of difficulty, that
is to say, upon the appearance of hardship in any particular matter, latitude
and indulgence must be shown.
19. Injury may not be met by injury.
20. Injury is removed.
21. Necessity renders prohibited things permissible
22. Necessity is estimated by the extent thereof.
23. A thing which is permissible by reason of the existence of
some excuse thereof, ceases to be permissible with the disappearance of that
24. When a prohibition is removed, the thing to which such
prohibition attaches reverts to its former status of legality.
25. An injury cannot be removed by the commission of a similar
26. A private injury is tolerated in order to ward off a public
injury. The prohibition from practice of an incompetent physician is derived
from this principle.
27. Severe injury is removed by lesser injury.
28. In the presence of two evils, the greater is avoided by the
commission of the lesser.
29. The lesser of the two evils is preferred.
30. Repelling an evil is preferable to securing a benefit.
31. Injury is removed as far as possible.
32. Any want, whether of a public or private nature, is so dealt
with as to meet the exigencies of the case. The validity of sale subject to a
right of redemption is of this nature. The inhabitants of Bokhara having fallen
badly into debt, this procedure was put into operation in order to meet the
exigencies of the case.
33. Necessity does not invalidate the right of another.
Consequently, if a hungry person eats bread belonging to another, such person
must later pay the value thereof.
34. A thing which may not be taken may also not be given.
35. It is forbidden to request the performance of a prohibited
36. Custom is an arbitrator; that is to say, custom, whether
public or private, may be invoked to justify the giving of judgement.
37. Public usage is conclusive evidence and action must be taken
in accordance therewith.
38. A thing which it is customary to regard as impossible is
considered to be impossible in fact.
39. It is an accepted fact that the terms of law vary with the
change in the times.
40. In the presence of custom no regard is paid to the literal
meaning of a thing.
41. Effect is only given to custom where it is of regular
occurrence or when universally prevailing.
42. Effect is given to what is of common occurrence; not to what
43. A matter recognised by custom is regarded as though it were a
44. A matter recognised by merchants is regarded as being a
contractual obligation between them.
45. A matter established by custom is like a matter established
46. When prohibition and necessity conflict, preference is given
to the prohibition.
Consequently, a person may not sell to another a thing which he has given to his
creditor as security for debt.
47. An accessory which is attached to an object in fact is also
attached to it is law. Consequently, when a pregnant animal is sold, the young
in its womb is sold with it.
48. An accessory to an object cannot be dealt with separately.yvT
A Example: The young in an animal's womb cannot be sold separately.
49. The owner of a thing held in absolute ownership is also the
owner of the things indispensable to the enjoyment of such thing.yvT K Example:
A person who buys a house is also owner of the road leading to it.
50. If the principle fails, the accessory also fails.
51. A thing which fails is not restored; that is to say, that
which goes does not return.
52. When a thing becomes void, the thing contained in it also
53. When the original undertaking cannot be carried out, the
equivalent thereof is carried out.
54. A thing which is not permissible in itself, may be
permissible as an accessory. Example:- It is not permissible for purchaser
to make the vendor his agent to receive the thing sold; but it he gives a sack
to the vendor to measure and put therein the provisions which he has brought and
the vendor puts the provisions into the sack, the purchaser thereby receives
them impliedly and as an accessory.
55. A thing which is not permissible at the outset may become
permissible at some later period. Example:- The disposal of a share of
undivided jointly owned property by way of gift is invalid, but if a person
entitled to a share of undivided jointly owned property which has been bestowed
by way of gift appears and takes possession thereof, the gift does not become
the property of the recipient of the gift.
56. Continuance is easier than commencement.
57. A gift becomes absolute only when delivery thereof is
taken. Example:- A person bestows a thing upon another person by way of
gift. Such gift is not binding until delivery thereof has been taken.
58. The exercise of control over subjects is dependent upon the
59. Private guardianship is more effective than public
guardianship. Example:- The guardianship exercised by the trustee of a
pious foundation is more effective than the guardianship of the court.
60. A word should be construed as having some meaning, rather
than passed over in silence. That is to say, if any particular meaning can be
attributed to a word, it may not be passed over as devoid of meaning.
61. When the literal meaning cannot be applied, the metaphorical
sense may be used.
62. If no meaning can be attached to a word it is disregarded
altogether. That is to say, if a word cannot be construed in either a literal or
metaphorical sense it is passed over in silence as being devoid of meaning.
63. A reference to part of an indivisible thing is regarded as a
reference to the whole.
64. The absolute is construed in its absolute sense, provided
that there is no proof of a restricted meaning either in the text of the law or
65. A description with reference to a thing present is of no
effect, but the contrary is the case if such thing is not present.
Example:- When a vendor who is about to sell a grey horse, such grey horse
being present at the meeting where the sale took place, states that he is
selling a brown horse for so many thousand piastres, his offer is held to be
good and the word brown is of no effect. But if he sells a grey horse which is
not present and he describes it as brown, the description is held to be good but
the sale is not concluded.
66. A question is considered to have been repeated in the answer.
That is to say, in the event of a question being answered in the affirmative,
the person answering the question is considered to have repeated the
67. No statement is imputed to a man who keeps silence, but
silence is tantamount to a statement where there is an absolute necessity for
speech. That is to say, it may not be said that a person who keeps silence has
made such and such a statement, but if he keeps silence where he ought to have
made a statement, such silence is regarded as an admission and statement.
68. In obscure matters the proof of a thing stands in the place
of such thing. That is to say, obscure matters concerning which it is hard to
discover the truth are judged according to the obvious proof concerning
69. Correspondence takes the place of an exchange of
70. The sign of a dumb person which are generally recognised take
the place of a statement by word of mouth.
71. The word of an interpreter is accepted in every respect.
72. No validity is attached to conjecture which is obviously
tainted by error.
73. Probability, even though based upon evidence, is not
proof. Example:- If a person admits while suffering from mortal sickness
that he owes a certain sum of money to one of his heirs, such admission is not a
proof unless confirmed by the other heirs, since the probability of such person
defrauding the other heirs of their property is based upon the mortal sickness .
If the statement, however, is made while in a state of good health, such
admission is considered to be valid. The probability is that case is mere
supposition and consequently there is no objection to the validity of the
74. No weight is attached to mere supposition.
75. A thing established by proof is equivalent to a thing
established by ocular inspection.
76. EVIDENCE IS FOR HIM WHO AFFIRMS; THE OATH FOR HIM WHO
77. The object of evidence is to prove what is contrary to
appearance; the object of the oath is to ensure the continuance of the original
78. Evidence is proof affecting third person; admission is proof
affecting the person making such admission only.
79. A person is bound by his own admission.
80. Contradiction and proof are incompatible; but this does not
invalidate a judgement given against the person contradicting. Example:-
Witnesses contradict themselves by going back upon the evidence they have given.
Such evidence is not proof; but if the court has already given judgement based
upon the original evidence, such judgement may not be set aside, but the
witnesses must pay the value of the subject matter of the judgement to the
persons against whom judgement has been given.
81. Failure to establish the principle claim does not imply
failure to establish a claim subsidiary thereto. Example:- A person states
that A owes a sum of money to B and that he has the surety of A. Such person
will be obliged to pay the sum in question if A repudiates the debt and B
82. If the validity of a condition is established, the validity
of anything dependent thereon must also be established.
83. A condition must be observed as far as possible.
84. Any promise dependent upon a condition is irrevocable upon
such condition being fulfilled. Example:- A person tells A to sell a certain
thing to B and informs A he will pay him in the event of B failing to do so, and
B does in fact fail so to do. The person making the promise is obliged to pay
85. The enjoyment of a thing is the compensating factor for any liability
attaching thereto; that is to say, in the event of a thing being destroyed, the
person to whom such thing belongs must suffer the loss and conversely may enjoy
any advantages attaching thereto. Example:- An animal is returned by reason
of an option for defect. The vendor may not charge any fee on account of the use
of the animal, because if it had been fallen upon the purchaser.
86. Remuneration and liability to make good loss do not run
87. Disadvantage is an obligation accompanying enjoyment. That is
to say, a person who enjoys a thing must submit to the disadvantages attaching
88. The burden is in proportion to the benefit and the benefit to
89. The responsibility for an act falls upon the author thereof;
it does not fall upon the person ordering such act to be performed, provided
that such person does not compel the commission thereof.
90. If a person performs any act personally and is implicated
therein with the person who is the cause thereof, the person performing such act
is responsible thereof. Example:- A digs a well in the public highway and B
causes C's animal to fall therein and to be destroyed. B is responsible thereof
and no liability rests with the person who dug the well.
91. An act allowed by law cannot be made the subject of a claim
to compensation. Example:- An animal belonging to A falls into a well which
B has dug on his own property held in absolute ownership and such animal is
destroyed . No compensation can be claimed.
92. A person who performs an act, even though not intentionally,
is liable to make good any loss caused thereby.
93. A person who is the cause of an act being performed is not
liable to make good any loss caused by such act unless he has acted
94. No liability attaches in connection with offences of or
damage caused by animals of their own accord.
95. Any order given for dealing with the property of any other
person held in absolute ownership is void.
96. No person may deal with the property of another held in
absolute ownership without such person's permission.
97. No person may take another person's property without some
98. Any change is the cause of the ownership of a thing held in
absolute ownership is equivalent to a change in that thing itself.
99. Any person who hastens the accomplishment of a thing before
its due time, is punished by being deprived thereof.
100. If any person seeks to disavow any act performed by himself,
such attempt is entirely disregarded.