al-Tuhfa al-Makkiya fi Tawdih Ahamm al-Qawaid al-Fiqhiyya
- Author died
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- Editions
- Awqāf al-Shaykh Muḥammad ibn Ṣāliḥ al-Shāwī
al-Tuhfa al-Makkiya fi Tawdih Ahamm al-Qawaid al-Fiqhiyya (The Meccan Masterpiece in Clarifying the Most Important Legal Maxims) is a treatise on Islamic legal maxims (al-qawa‘id al-fiqhiyya) by the Saudi jurist Muhammad bin Salih al-Shawi (b. 1350 AH / 1932 CE) . Written during the author's residence in Mecca, the work presents essential legal maxims in an accessible format for students and beginners in jurisprudence .
Composition and Purpose
The author completed the preface of the work on Thursday, 1 Rabi‘ al-Awwal 1443 AH (7 October 2021 CE) . Al-Shawi composed the book to simplify foundational legal maxims for beginners, aiming to help students develop legal acumen (al-malaka al-fiqhiyya) by connecting disparate subsidiary rulings (furu‘) to overarching universal principles . He emphasizes that legal maxims do not replace direct legal study, but rather systematically organize similar cases, prevent inconsistencies in issuing fatwas, and ease the memorization and deduction of new rulings .
Content and Method
The printed edition opens with a concise biographical entry of the author compiled by his son, Salih al-Shawi . This is followed by the author's introductory exposition citing classical authorities such as Ibn Rajab al-Hanbali and Ibn al-Qayyim on the essential role of legal maxims in Islamic jurisprudence .
The core of the book systematically treats the five agreed-upon universal major maxims (al-qawa‘id al-khams al-kubra) :
- Matters are judged by their intentions (al-umur bi-maqasidiha)
- Certainty is not dispelled by doubt (al-yaqin la yazul bi-l-shakk)
- Hardship brings ease (al-mashaqqa tajlib al-taysir)
- Harm must be eliminated (al-darar yuzal)
- Custom is authoritative (al-‘ada muhakkama)
For each maxim, the author defines its conceptual scope and variant wordings, establishes its evidential basis from the Quran and the Prophetic Sunnah, and illustrates its practical application across various chapters of jurisprudence, encompassing acts of worship (‘ibadat) and civil and commercial dealings (mu‘amalat) .
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