When Halal and Haram meet the Haram prevails?: an analysis of the maxim and its application in contemporary issues

Omar, Muhammad Naim and Mahamad, Arifin and Mohd Napiah, Mohammad Deen and Abdullah, Mohamad Asmadi (2012) When Halal and Haram meet the Haram prevails?: an analysis of the maxim and its application in contemporary issues. Australian Journal of Basic and Applied Sciences, 6 (11). pp. 199-205. ISSN 1991-8178

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Abstract

The question of Halal and Haramis most pertinent element to determine the legitimacy of an act. All act of man must be in accordance with what has been prescribed by the Lawgiver. Men are responsible for what they do in this world. Therefore all Muslims are obliged to ensure that their action must be in line with the teaching of the Shari‘ah. With reference to this, in cases where the ruling is clear about the lawful and unlawful of certain items and practices the problem does not arise. However, issues in which there is a mixture of lawful and unlawful elements, careful consideration must be taken before issuing any legal verdict. Among the guidelines followed is the maxim “When Halal and Haram meet the Haram prevails”. The article intends to investigate the extent to which this maxim is applicable.

Item Type:	Article (Journal)
Additional Information:	2051/30545
Uncontrolled Keywords:	Halal, Haram, Legal maxim, Fatwa, Maqasid al-Shari‘ah
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning.
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Dr. Mohamad Asmadi Abdullah
Date Deposited:	08 Jul 2013 16:50
Last Modified:	08 Jul 2013 16:50
URI:	http://irep.iium.edu.my/id/eprint/30545

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