The Theory of Nice Moment (Laḥẓah Laṭīfah) in Islamic Jurisprudence: Analysis, Regulatory Principles and Application
Year: 2025
Type: article
Abstract: Nice moment (Laḥẓah Laṭīfah) is a classical juristic theory, adopted by some classical jurists of Shafi’i school of law to accommodate strict or ambiguous rulings that would have been void based on general Shariah principles. However, researchers are concerned about the usefulness and application of nice moment rulings to resolve some contemporary practical issues. The issue of nice moment is one of the issues that can be discussed under the title “Time and its impact in relation to the legal ruling”. Jurists have studied the effects of time on principles and many chapters and branches of fiqh, including discussion about the impact of time on broad and narrow ḥukm Sharʿī (legal obligation). Some classical jurists of Shafi’i School of law utilized nice moment to restore hope on rulings that are unfriendly in applications. Hence, this study aims to unveil how strict adherence to some Islamic rulings on financial transactions could be lessened. The study analyzes the relevance of nice moment in modern Islamic financial transactions. The study explores the rationale that may prompt the change of legal rulings and application of nice moment as adopted by the Shafi’i School of Law. To achieve the research objective, it employs an extrapolation approach of the qualitative method to extend classical interpretations to broader contexts while maintaining the focus and objective of the contextual rule. This method was used to trace potential applications of nice moment to contemporary Islamic financial transactions. The study concluded that the adoption of nice moment in modern Islamic financial transactions must be accompanied by rules, controls, limitations, reasons, and guidelines.
Institution: International Islamic University Malaysia
Language: English
Subfield: Accounting
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4414403950