The importance of legality principle

THE legality principle is captured in the Latin phrase, nullum crimen sine lege, nulla poena sine lege, which, roughly translated, means “no crime nor punishment without law”. The Islamic criminal theory states a similar concept, la jarimah wa la uqubah illa bil nas. The principle derived from the phrase is that the law must be enacted before it can be enforceable.

In the legal discipline, the fundamental principles or legal maxims or in Arabic, the qawaid fiqhiyyah, form a reference and guidance in most theories. Most legal maxims in various legal systems are founded upon rules of natural justice and legal norms. In Islamic law, most maxims have their origin in the fundamental sources of Islamic law, such as the Quran and Sunnah.