Qawa‘id al-Hakima li-Fiqh al-Mu‘amilatالقواعد الحاكمة لفقه المعاملات

By Islamic scholar Yusuf Qaradawi, «The rules governing the jurisprudence of transactions». There are several important rules established by our legal scholars in ruling, and those who are subject to fatwas in contemporary Muslim transactions should keep that in mind. To help them identify the correct legal ruling, which is based on good deduction from the text, and on lived reality. There may not be a clear text, so the jurist resorts to the rules and thereby establishes a ruling. Rather, he needs the general rule with the presence of the partial text, and he also needs to refer to the purposes. A person with diligence, wholly or partially, preferential or creative, does not dispense with referring to three guidelines:
1 Fixed partial text from the Qur'an or Sunnah
2 The overall aims behind the text
3 The overall general rules, extracted from the extrapolation of judgments and taking care of the purposes.