There is a misunderstanding among some students and scholars of Islamic jurisprudence that if a Qur’anic or Sunna’ic text is available on a particular issue, in order to derive the rule for this issue, neither is ijtihad required nor is... more
There is a misunderstanding among some students and scholars of Islamic jurisprudence that if a Qur’anic or Sunna’ic text is available on a particular issue, in order to derive the rule for this issue, neither is ijtihad required nor is it allowed. Rather, this text is sufficient to know the rule and implement it. This misunderstanding goes back to a wellknown usuli maxim: “No ijtihad in the presence of a text.” Using the method of critical analysis, this research intends to remove this misunderstanding and provide the correct understanding about this maxim and issues related to it.
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This paper aims to discuss the principle of La ḍarar wala ḍirār as one of the major jurisprudent principles, and to discuss the explanation of contemporary application as well of the principle on the relationship between the United Arab... more
This paper aims to discuss the principle of La ḍarar wala ḍirār as one of the major jurisprudent principles, and to discuss the explanation of contemporary application as well of the principle on the relationship between the United Arab Emirates government and its citizens. Inasmuch as Shar’ah politics is dependent on bringing interests on the one hand and preventing evil on the other hand, hence this research came to explain what is meant by the harm (Ḍarar), that is to be prevented in Islamic jurisprudence. The researcher uses the analytical method to address the jurists’ views about the principle and its application, as well as to consider the issues related to the principle in the Shari'a courts of the United Arab Emirates. The research has revealed that the Shar’ah courts depend on the principle of La ḍarar wala ḍirār in resolving the dispute between the adversaries. The research has also recommended the need to address the issues of Islamic courts related to the principle ...
The Shari`ah committee of every Islamic bank or Islamic financial institution (IFS) has some specific duties and guidelines. Bank Nigara Malaysia (BNM) has prescribed these duties and decision-making guidelines in its Sharī‘ah Governance... more
The Shari`ah committee of every Islamic bank or Islamic financial institution (IFS) has some specific duties and guidelines. Bank Nigara Malaysia (BNM) has prescribed these duties and decision-making guidelines in its Sharī‘ah Governance Framework (SGF). Using analytical and critical methods, this research paper aims to study these duties and decision-making guidelines. The duties of the Sharī‘ah Committee set by BNM include the basic principle of advising, endorsing, supervising, assisting, consulting and reporting on Sharī‘ah matters. Besides that, the decision-making guidelines for Sharī‘ah Committee by BNM are well-structured and practical. This study contributes to the related literature by showing that the country’s support to the Islamic finance sector, through BNM’s guidelines, may help the development of IFIs. The results drawn from this study may help policymakers to develop better duties and decision-making guidelines for Sharī‘ah Committees. This study is limited to the ...
Islamic legal maxims (qawāʿʿid fiqhiyyah) provide necessary basis for extracting legal injunctions on the unprecedented cases (fiqh al-nawāzil) and make it possible for the jurists to forego the need of memorizing copious fiqh treatises.... more
Islamic legal maxims (qawāʿʿid fiqhiyyah) provide necessary basis for extracting legal injunctions on the unprecedented cases (fiqh al-nawāzil) and make it possible for the jurists to forego the need of memorizing copious fiqh treatises. In light of this fact, this article attempts to design a framework for harm elimination, utilizing the related legal maxims, which will be arguably of great use in developing an outlook that enables a person to tackle the many challenges he or she finds in the course of removal of harm. After explaining the concept and definition of Islamic legal maxims in general, this research surveys in detail the universal legal maxim “harm must be eliminated”, covering its role and significance in the theories of fiqh and its scope and application in contemporary issues. Employing descriptive, analytical and critical methods, this study categorizes the legal maxims related to the harm elimination into three: (1) maxims related to prevention of harm before its occurrence, (2) maxims related to elimination of harm after it has taken place and (3) maxims related to minimization of harm if complete removal is impractical. Likewise, this research analyses the sub-maxims of harm elimination, discussing their legal bases, various purposes for which they operate, related uṣūlī principles and legal examples, providing at the end a flowchart that represents a sequence of five steps useful in the course of removal of har
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The maqāṣid theory is a popular trend in Islamic legal theories. Contemporary scholars view it as a valid method of interpreting the revealed text and as a valuable instrument for solving contemporary issues because it helps reform... more
The maqāṣid theory is a popular trend in Islamic legal theories. Contemporary scholars view it as a valid method of interpreting the revealed text and as a valuable instrument for solving contemporary issues because it helps reform Islamic thought and civilization. Indeed, the idea of maqāṣid al-Sharīʿah has been widely studied and expanded by modern scholars of Islamic legal theory. Chiefly, Ibn ͑Ashur and contemporary MaqÉsid scholars renewed the scholarly discourse and ensured its proliferation and wide acceptance in legal studies. It has emerged as a new science that connects with all other legal disciplines. Thus, scholars firmly assert that the maqāṣid al-Sharīʿah constitute the most important intellectual means and methodologies for Islamic reform today. Consequently, the researchers aim to examine the modern discourse of Maqāṣid al-Sharīʿah and the latest developments beyond the universal MaqÉÎid. Mainly, the researchers scrutinize the two objectives namely the preservation ...
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The Majallat al-Aḥkām al-‘Adliyyah, known as the Mejelle, is the code of Islamic civil transactions which was prepared under the auspices of the Ottoman Caliphate. This code was established based on the Ḥanafī School of Islamic law.... more
The Majallat al-Aḥkām al-‘Adliyyah, known as the Mejelle, is the code of Islamic civil transactions which was prepared under the auspices of the Ottoman Caliphate. This code was established based on the Ḥanafī School of Islamic law. However, people, who follow other than the Ḥanafī School, are reluctant to rely on the Mejelle even though they are interested to know the stands of their respective School of Islamic law on the articles of the Mejelle. Thus, considering the importance and relevance of Salam contract to the contemporary context, the paper attempts to conduct a juristic evaluation of the articles of the Mejelle on salam contract along with an investigation of its contemporary applications. Salam is a sale contract in which the commodity’s delivery is deferred until a defined period, while the buyer must settle the payment upon the contract’s conclusion. Although the general principle says that sale of something which is not possessed and not present is not permissible, sa...
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The Islamic jurists utilized the discipline of maqāṣid al-sharīʿah, in its capacity as the philosophy of Islamic law, in their legal and ethical interpretations, with added interest in addressing the issues of modern times. Aphoristically... more
The Islamic jurists utilized the discipline of maqāṣid al-sharīʿah, in its capacity as the philosophy of Islamic law, in their legal and ethical interpretations, with added interest in addressing the issues of modern times. Aphoristically subsuming the major themes of the Sharīʿah, maqāṣid play a pivotal role in the domain of decision-making and deduction of rulings on unprecedented ethical discourses. Ethics represent the infrastructure of Islamic law and the whole science of Islamic jurisprudence operates in the light of maqāṣid to realize the ethics in people’s lives. Scrutinizing the key themes of maqāṣid-based ijtihād and scope of ethics in maqāṣid, this article delves into the discourse on the application of maqāṣid to medical ethics. As a case study, this research analyses the extent of medical confidentiality in the light of maqāṣid and arrives at the conclusion that limited confidentiality goes more in line with the maxims of maqāṣid. ***************************************...
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Animals are considered to be one of the large groups of the creation of Allah (SWT). According to the Holy Qur’an, they are deemed to be miracles of the Almighty Allah and signs of His existence and Unity. All of them worship Allah in a... more
Animals are considered to be one of the large groups of the creation of Allah (SWT). According to the Holy Qur’an, they are deemed to be miracles of the Almighty Allah and signs of His existence and Unity. All of them worship Allah in a way that we are unable to see or feel. By and large, all creatures including these animals are created for the benefit of humankind. Some of these animals are consumed as food or meat; some of them are used for riding on their backs or carrying goods; while some others are kept as pets or used for other purposes. Most of them are wild, while some of them are domestic. However, some of them are harmful to mankind. Nowadays, besides the use of plants and bacteria, animal cells are also used for industrial or scientific purposes and for making drugs and chemicals. Human beings often treat these animals with cruelty and fail to treat them ethically. During the last century or so a number of organizations for protecting animal rights have been established...
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The Sharī‘ah ‘Committee is a board which is independent in directing, reviewing and supervising an Islamic Financial Institution (IFI). It consists of those who are specialised in Fiqh Mu‛āmalāt or those who know it with expertise in... more
The Sharī‘ah ‘Committee is a board which is independent in directing, reviewing and supervising an Islamic Financial Institution (IFI). It consists of those who are specialised in Fiqh Mu‛āmalāt or those who know it with expertise in other fields. In conjunction with IFIs emergence, the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) was established and has issued numerous standards on accounting, auditing and also governance for IFIs. The researchers intend to review the duties and decision-making guidelines of the Sharī‘ah Committee prescribed by the AAOIFI in 2010. The review undergoes a thorough search and critical analysis of any related content about the topic throughout the whole standard. Some important results are: AAOIFI mentions directly the duties of the Sharī‘ah Committee along with the definition of this Sharī‘ah Committee. These duties are directing, reviewing and supervising. On the other hand, decision-making guidelines are indicated...
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Nowadays, although every country of the world has its own local media, the local media, such as radio, television, newspapers, etc., rarely differ from international media on points of view. This is because the local media are always... more
Nowadays, although every country of the world has its own local media, the local media, such as radio, television, newspapers, etc., rarely differ from international media on points of view. This is because the local media are always exposed to and influenced by other more influential international media groups. Thus, if the international media are biased, the local media usually follow suit. The viewer then has little chance of reaching a truly objective viewpoint or the true picture of events. Likewise, the international media also culturally influence the local media. Most of the evils and shortcomings that are available in foreign international media are also available in local ones. Both Muslims and non-Muslims all over the world are affected by these evils. This situation should be corrected. Islam provides a complete set of moral ethics that can correct the shortcomings of the present media . This paper aims to discuss these moral ethics and tries to critically review seven i...
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Processed food is widespread phenomenon all over the world. Some of these foods are ready to be eaten immediately after purchasing, while others need to be cooked before eating them. In order to make higher profits, companies and... more
Processed food is widespread phenomenon all over the world. Some of these foods are ready to be eaten immediately after purchasing, while others need to be cooked before eating them. In order to make higher profits, companies and suppliers of these foods sometimes do not follow the proper production methods, or use unhealthy ingredients, or do not label products correctly. This negligence causes various types of health problems in consumers. To some extent, this negligence can cause human casualties. Islam offers a number of ethics to be followed in food processing. By analyzing the related verses of the Qur’an and ahadith of the Prophet (p. b. u. h.), this paper intends to discuss these ethics. The paper may conclude that Islam has a comprehensive code of ethics for food processing. Implementation of these ethics may help reducing health problems and drawbacks that are caused by neglecting them during food processing.
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Islam has given a great concern to the family issues, for it been considered as a whole community itself and the basic root of producing a good generation. Undoubtedly, the arbitration between spouses is an important issue that has a... more
Islam has given a great concern to the family issues, for it been considered as a whole community itself and the basic root of producing a good generation. Undoubtedly, the arbitration between spouses is an important issue that has a significant impact on marital life. Therefore, this study aims to discuss the extent of the necessity of arbitration between spouses in United Arab Emirates law and Islamic law, as well as the extent of its conformity with the principles of Islamic Shariah, in order to achieve the Shar’ah objectives for which the law of arbitration between spouses was enacted. Analytical method is applied in this research. Lastly, the research has figured out some important results, which among the main ones is the necessity of adherence of both parts to the judgment of the arbitrators in order to preserve marital rights, this is in conformity with the Emirates legislation. As for the intervention’s right given to the judge only by Emirates law, it is mainly for him to ...
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Islamic banking and finance differs from conventional banking and finance in that it follows the rules of Sharī‘ah. In order to ensure that Islamic banking and finance follows the Sharī‘ah rulings, it is essential for it to have a... more
Islamic banking and finance differs from conventional banking and finance in that it follows the rules of Sharī‘ah. In order to ensure that Islamic banking and finance follows the Sharī‘ah rulings, it is essential for it to have a Sharī‘ah supervisory board. An important duty of this board is to determine that the products, services, policies, guidelines and all other activities performed by the Islamic bank, are in compliance with the Sharī‘ah rulings. To perform their duty properly, the members of this board should possess certain criteria. Bangladesh Bank has spelled out some guidelines for these criteria briefly. Likewise, Bank Negara Malaysia has provided some guidelines. The main objectives of this research paper are to highlight the guidelines of these two banks on these criteria, compare them and evaluate them in light of Sharī‘ah guidelines on these criteria spelled out by contemporary Muslim jurists.
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In the contemporary period, there is hardly any transaction that is detached from its respective terms and conditions. This study aims to explore and analyze the issue of sale subject to a condition from the viewpoints of various schools... more
In the contemporary period, there is hardly any transaction that is detached from its respective terms and conditions. This study aims to explore and analyze the issue of sale subject to a condition from the viewpoints of various schools of Islamic law. This study was accomplished through the scrutiny of the related primary sources of these schools. The researchers have found that the judgment of a sale with conditions is subject to the status of the related condition itself. Any condition that conforms to the requirements of the contract and customs is valid; otherwise it is invalid. Similarly, the study posits that the ruling of the contemporary transaction with terms and conditions is subject to the status of relevant conditions. If the condition is consistent with the contract and Shariah, it is valid and effective. Any condition that contradicts the requisites of the contract and Shariah are invalid and accordingly invalidate the transaction as well.
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This paper aims to discuss the principle of La ḍarar wala ḍirār as one of the major jurisprudent principles, and to discuss the explanation of contemporary application as well of the principle on the relationship between the United Arab... more
This paper aims to discuss the principle of La ḍarar wala ḍirār as one of the major jurisprudent principles, and to discuss the explanation of contemporary application as well of the principle on the relationship between the United Arab Emirates government and its citizens. Inasmuch as Shar’ah politics is dependent on bringing interests on the one hand and preventing evil on the other hand, hence this research came to explain what is meant by the harm (Ḍarar), that is to be prevented in Islamic jurisprudence. The researcher uses the analytical method to address the jurists’ views about the principle and its application, as well as to consider the issues related to the principle in the Shari'a courts of the United Arab Emirates. The research has revealed that the Shar’ah courts depend on the principle of La ḍarar wala ḍirār in resolving the dispute between the adversaries. The research has also recommended the need to address the issues of Islamic courts related to the principle ...
لا شك أن قاعدة "البراءة الأصلية من القواعد المهمة في الفقه الإسلامي، وقد وظفها الفقهاء قديما وحديثا في تأصليهم الفقهي لكثير من القضايا، ويهدف هذا البحث إلى دراسة أثر قاعدة البراءة الأصلية في اختيارات الشيخ الألباني الفقهية مركزا على... more
لا شك أن قاعدة "البراءة الأصلية من القواعد المهمة في الفقه الإسلامي، وقد وظفها الفقهاء قديما وحديثا في تأصليهم الفقهي لكثير من القضايا، ويهدف هذا البحث إلى دراسة أثر قاعدة البراءة الأصلية في اختيارات الشيخ الألباني الفقهية مركزا على مسألة طهارة الدماء، كما تناول مناقشة الشيخ الألباني مذهب الجمهور في نجاسة الدماء، خلص الباحث إلى أن رأي الشيخ الألباني في طهارة الدماء كافة غير دم الحيض تعضده الأدلة النقلية الصحيحة. *********************************************************** Certainly, the principle of al-Barāah al-Aṣliyyah is one of the fundamental and significant principles in Islamic jurisprudence. In fact, this principle has been applied by the Islamic jurists for the establishment of their stances on various jurisprudent issues in the ancient and contemporary time. Therefore, this research aims to study the impact of the principle of al-Barāah al-Aṣliyyah on the jurisprudent choices of al-Shaykh al-Bānī, focusing on the issue of purity of the blood. It as well, addresses the a...
Research Interests: Law and Political Science
The possession is one of the significant issues regarding the acquisition of wealth. The conclusion of contracts would not be completed and binding without the possession of respective subject matter. This paper intends to explore the... more
The possession is one of the significant issues regarding the acquisition of wealth. The conclusion of contracts would not be completed and binding without the possession of respective subject matter. This paper intends to explore the essence of possession and to analyze the appropriate mode of possession in contemporary financial transactions. This is a library-based research and an analytical method has been followed to accomplish this study. The classical references of prominent Schools of Islamic law have been utilized as the primary tools to perform this analysis and exploration. The study finds out that the essence of possession is to relinquish between the merchandise and its rightful beneficiary, so that it can be enjoyed without any interruption. It also explores that the nature of possession would be different according to the nature of the commodity itself. The study posits that in contemporary financial transactions mostly, not the real, but a legal or constructive posse...
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The courts of every country are so overwhelmed by so many different types of cases submitted by their clients that these courts cannot settle them timely and also the related procedures are very costly. In order to help the public and to... more
The courts of every country are so overwhelmed by so many different types of cases submitted by their clients that these courts cannot settle them timely and also the related procedures are very costly. In order to help the public and to some extent the governments, alternative means of solving the conflicts and disputes are well established and practiced all over the world. One of these means is to solve the disputes through mediation. Many organizations, centers, etc. have been established for mediation all over the world. These organizations have tried to produce the code of conducts for mediation. One of these organizations is Malaysian Mediation Centre. This center has wide range of activities. In order to practice the mediation properly, this center, like many other organizations, produced its code of conducts. Because of some external factors, some Muslims have some doubt about the credibility of mediation. Islam has also prescribed many principles of mediation which combined...
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Courts all over the world are overwhelmed with so many different kinds of cases that resolution of disputes for them takes long periods of time. Additionally, the resolution of these cases is costly. Therefore, dispute resolution outside... more
Courts all over the world are overwhelmed with so many different kinds of cases that resolution of disputes for them takes long periods of time. Additionally, the resolution of these cases is costly. Therefore, dispute resolution outside the court--which is less costly and takes less time—is used alternatively.An important mode of this resolution is mediation. Many organizations have been established for mediation. These organizations have developed their code of ethics for mediation. Islam also prescribes numerous ethics for mediation. Using descriptive and analytical methods, and based on certain Qur’ānic verses and aḥādīth of the Prophet (pbuh), this paper intends to discuss certain important ethics of mediation in the light of the higher objectives of Sharī‛ah (maqāṣid al- Sharī‛ah).This paper may conclude that implementation of Islamic ethics for mediation causes preservation of higher objectives of Sharī‛ah. On the other hand, neglecting these ethics may cause destruction of t...
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waqf can be made temporary or it is limited to perpetuity. The objectives of this paper are: to critically examine the concept of temporary waqf, to assess the different opinions of the scholars on the issue of temporary waqf and to... more
waqf can be made temporary or it is limited to perpetuity. The objectives of this paper are: to critically examine the concept of temporary waqf, to assess the different opinions of the scholars on the issue of temporary waqf and to discuss the evidences relied upon every doctrine, to explore the public interest (maslahah) of contemporary application. A qualitative methodology was employed to analyse the data through inductive and deductive methods. The inductive and deductive methods were used to research the main sources of literatures and to analyse the issues related to the temporary waqf. The findings have shown that an essential features of waqf is not limited only to perpetuity, hence some jurists such as Maliki school of Islami law approves the application of temporary and perpetual waqf. Thus, there is a need for temporary waqf to be enacted and applied as it provides the best interests of donors, beneficiaries and community at large. Impliedly, Islamic legal pronouncements...
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The majority of Muslim jurists agreed on the legality of waqf, but they differed in the declaration of waqf (sighah); whether endowment can be temporary or it is limited to perpetuity. The objective of this paper is to discuss the concept... more
The majority of Muslim jurists agreed on the legality of waqf, but they differed in the declaration of waqf (sighah); whether endowment can be temporary or it is limited to perpetuity. The objective of this paper is to discuss the concept of Temporary Waqf, to analyze the views of scholars and to discuss their evidences, to discuss the interest (maslahah) of contemporary application, as well as to analyze the implementation of temporary waqf in Kuwat. A qualitative methodology was used to analyze the data through inductive and deductive methods. The findings shows that contemporary 122 Vol.20 (April) 2017 experiences of Muslim societies and communities indicate that temporality by will of the founder and by nature of objectives is part of social life as all societies need it as much as they need perpetuity. It can be implied that fatwas that were issued by the Fatwa Committee in regard of Endowment are required to be reassessed from time to time and not limited to single sectarian e...
Codification of Islamic law is studied due to its positive role on practical life to produce appropriate solutions and fair judgments for litigation and disputation. Codification is a process which contributes to the reformation in... more
Codification of Islamic law is studied due to its positive role on practical life to produce appropriate solutions and fair judgments for litigation and disputation. Codification is a process which contributes to the reformation in political, social, financial and judiciary sectors, by drafting fair Islamic codes, pursuant to the principles, values and customs of the Muslim nations. However, there is a scholarly debate on whether Islamic law could be codified or not. A group of intellectuals validates it while another group invalidates it. Hence, this study aims to critically examine the intellectual dispute over the legality of codification of Islamic law. The study is accomplished through the critical analysis of related documents, books and literature. The study verifies that codification of Islamic law is not just valid but rather indispensable because it conforms to the legal policy (siyasah shariyyah), public wellbeing and fundamental ruling of permissibility. In addition, cod...
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Throughout the history codification of Islamic law has been given intense attention because of its effect on practical life. Codification plays a positive role to produce appropriate solutions and fair judgments for litigation and... more
Throughout the history codification of Islamic law has been given intense attention because of its effect on practical life. Codification plays a positive role to produce appropriate solutions and fair judgments for litigation and disputation. Codification helps establish justice and equality, protect the rights and freedom, and extend security and stability. This paper intends to explore various efforts made to codify Islamic law in the past up to the present through analytical investigation into the related documents, books and literature. The study posits that all the sections of Islamic law, excluding the rituals (ÑibÉdÉt), such as civil, constitutional, judiciary, penal, international, etc. are eligible to be codified. Codification of Islamic law conforms to the legal policy (siyÉsah sharÑiyyah), public wellbeing and the fundamental ruling of permissibility. It is not just valid but rather indispensable as it begets facility for the mankind and removes hardship from them. Thus...
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The business of making goods in large quantities in factories, by and large, is considered to be a modern phenomenon. With the development of different types of advanced technology and machinery this phenomenon has been tremendously... more
The business of making goods in large quantities in factories, by and large, is considered to be a modern phenomenon. With the development of different types of advanced technology and machinery this phenomenon has been tremendously increased during last few decades all over the world. All these developments have led to decrease of the involvement of human labor in every type of factories. But because of diversity and vastness of these industries they still require many skilled and non-skilled workers to run them. In the past complaints have been filed against many factory owners by their workers and employees. Some of these complaints were related to ethical treatment of the owners of these factories. Responding to these complaints, many well-known companies and organizations have developed their codes of ethics to deal with their workers, employees and customers. Islam also has a set of ethics that should be followed by the manufacturers or owners of these factories. Discussing re...
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Classical Muslim jurists unanimously have provided rulings for many pre-modern religious and mundane issues of Muslims in the past. However, many other classical issues have not been solved this way. Rather, different opinions of... more
Classical Muslim jurists unanimously have provided rulings for many pre-modern religious and mundane issues of Muslims in the past. However, many other classical issues have not been solved this way. Rather, different opinions of different schools of law regarding them have continued until today. On the other hand, different types of new human problems and issues emerge everyday from the onset of modern times. Since Islam is considered to be a complete and continuing code of life, it should be able to provide solutions and rulings for these new issues. Likewise, in order to maintain harmony and unity of the society, there should be some continuous ways to reduce differences among Muslim jurists. Among others, ijma` (consensus) is deemed to be a source of law and way to remove such disagreements and to deduct new rulings for the issues mentioned above. The purpose of this paper is to investigate whether it is possible to conduct ijma` at present times. In order to reach this objectiv...
ABSTRACT Economic activities have been tremendously increased all over the world in last few decades. Among them is a practice of receiving non-refundable deposit ('arabun) before selling vehicles, apartments, etc., renting... more
ABSTRACT Economic activities have been tremendously increased all over the world in last few decades. Among them is a practice of receiving non-refundable deposit ('arabun) before selling vehicles, apartments, etc., renting houses, or leasing properties is well practiced both in the West and in Muslim World. The objectives of this paper are to investigate whether Islam allows the practice of receiving non-refundable deposit ('arabun) in selling, and to examine its contemporary practical implementations. In order to reach these objectives, verses of the Quran, ahadith of the prophet (p. b. u. h.) and opinions of Muslim jurists would be critically and analytically reviewed by using classical and modern works of fiqh literature. Moreover, the researcher would conduct a field study on some companies at Kuala Lumpur about their implementations of this type of sale.
ABSTRACT This paper investigates how al-Ghazali tried in his Ihya' cUlum al-Din to justify the obligation to observe hudur al-qalb (presence of mind and remembrance of Allah) through out the whole prayer. In order to reach this... more
ABSTRACT This paper investigates how al-Ghazali tried in his Ihya' cUlum al-Din to justify the obligation to observe hudur al-qalb (presence of mind and remembrance of Allah) through out the whole prayer. In order to reach this goal, this paper is primarily divided into three subsections: A reply of al-Ghazali to his opposition, his arguments and the way hudur al-qalb can be observed in the prayer.After analyzing the Quranic, Sunnaic and rational argument, this paper concludes that although the majority of Muslim jurists maintained that hudur al-qalb is an obligatory only at the time of the first takbir, al-Ghazali maintained that hudur al-qalb is obligatory during the whole prayer, without which a prayer would remain incomplete.
Shari`ah committee of every Islamic bank or other Islamic financial institutions has some specific duties. Likewise, this committee should follow some guidelines in making its decisions. Bank Nigara Malaysia (BNM) has prescribed these... more
Shari`ah committee of every Islamic bank or other Islamic financial institutions has some specific duties. Likewise, this committee should follow some guidelines in making its decisions. Bank Nigara Malaysia (BNM) has prescribed these duties and decision-making guidelines in its Sharī‘ah Governance Framework (SGF). Using analytical and critical methods, this research paper aims to study these duties and decision-making guidelines. The duties of the Sharī‘ah Committee set by BNM include the basic principle of advising, endorsing, supervising, assisting, consulting and reporting on Sharī‘ah matters. Besides that, the decision-making guidelines for Sharī‘ah Committee by BNM are well-structured and practical. This study contributes to the related literature by showing that the country’s support towards the Islamic finance sector, through BNM’s guidelines, may help the development of IFIs in the country. The results drawn from this study may help policymakers to develop better duties...
Purpose This study aims to analyse the facts of the case in the judgement made by the High Court of Justice, England, UK, in the case of Dana Gas Public Joint Stock Company (PJSC) v. Dana Gas Sukuk Limited (Ltd.) and Ors.... more
Purpose This study aims to analyse the facts of the case in the judgement made by the High Court of Justice, England, UK, in the case of Dana Gas Public Joint Stock Company (PJSC) v. Dana Gas Sukuk Limited (Ltd.) and Ors. Design/methodology/approach This study uses descriptive and juristic analysis to explain the factual terms in the case of Dana Gas sukuk default. It also uses juristic opinions to analyse the underpinning argument in the Dana Gas court case between the decision of Sharjah Court, UAE, and the English Court, UK. Findings The study concluded that despite the position of Dana Gas PJSC that specific element of the muḍārabah sukuk is non-Sharī’ah-compliant, the English court decision which established the enforceability of the purchase undertaking seems to be fair based on the Islamic maxims such as “Difficult situation cannot violate the right of other” and “The conditional matters among Muslims are binding.” Research limitations/implications The impact of this study is...
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Sustainable development is a term that signifies development for the well-being of both present and future generations of humans. It has become universal concern of all the modern nations. Yet, a set of comprehensive conditions or guiding... more
Sustainable development is a term that signifies development for the well-being of both present and future generations of humans. It has become universal concern of all the modern nations. Yet, a set of comprehensive conditions or guiding principles for sustainable development is yet to be devised. Islam has guiding principles of sustainable development. By analysing the related Qur’anic verses and Prophetic ahadith, this paper intends to develop a set of comprehensive guiding principles of sustainable development so as to make them beneficial for governments and organizations which really want to maintain sustainable development for both present and future generations. This study, in addition, intends to conduct a survey to determine whether the complex of International Islamic School (IIS) under International Islamic University Malaysia (IIUM) fulfils these principles or not. This paper concludes that in Islam sustainable development requires balance between present and future lif...
An important Islamic legal maxim is “Every loan that brings benefit is usury”. A normal ruling of the Sharῑ‘ah is that if anyone receives a loan from a person or a bank, he is supposed to return its exact amount to the moneylender. Any... more
An important Islamic legal maxim is “Every loan that brings benefit is usury”. A normal ruling of the Sharῑ‘ah is that if anyone receives a loan from a person or a bank, he is supposed to return its exact amount to the moneylender. Any increase to it is considered usury (ribᾱ’) and therefore forbidden. However, jurists dispute over the following issue: “If this increase is not stipulated at the time of giving the loan, and the borrower gives it at the time of paying the loan back to the lender .” Some jurists maintain that this is lawful, while others consider it as forbidden. Using descriptive and analytical methods, this paper discusses this legal maxim, its proofs, and the disputes of jurists on its related issues, while placing emphasis on the stronger opinion. It then strives to discuss its implementation in some pre-Islamic and Malaysian financial transactions. Keywords: Legal maxim, loan, ribᾱ’, lawful, implementation, financial transactions. Abstrak Satu kaedah fiqhiyyah...
During the past two centuries or so a number of buildings and bridges had been structurally failed and collapsed all over the world. Some of these incidents caused a sizeable number of human casualties. For instance, collapse of Tay... more
During the past two centuries or so a number of buildings and bridges had been structurally failed and collapsed all over the world. Some of these incidents caused a sizeable number of human casualties. For instance, collapse of Tay Bridge in 1879 killed at least sixty persons. Beside the problems related to their design and construction, probably the failure to follow engineering ethics properly was partially responsible for these incidents. Growing engineering professionalism during the nineteenth century gave rise to the development of a number of famous engineering societies, such as American Institute of Electrical Engineers (AIEE ( (1884), American Institute of Mining Engineers (AIME) (1871), etc. On the other hand, responding to series of significant structural failures mentioned above, some engineering societies developed formal codes of ethics. Following these societies, engineers of Bangladesh (previous East Pakistan) established Institution of Engineers, Bangladesh (IEB)....
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Nowadays all over the Muslim world, with exceptions, Man-made law, inherited from the civil or common law of the colonial power, such as Britain, France, etc., is widely being used. According to some scholars, present Man-made law of the... more
Nowadays all over the Muslim world, with exceptions, Man-made law, inherited from the civil or common law of the colonial power, such as Britain, France, etc., is widely being used. According to some scholars, present Man-made law of the Muslim world has been also partially influenced by the Islamic fiqh. Therefore, there are sporadic similarities between them. Additionally, many rulings that are found in Man-made law of any Muslim country do not exist in Islamic fiqh books because these rulings are related to the issues, which did not exist in the past. Hence, if an Islamic government were established today, it would not be able to abandon all of them. On the other hand, many contemporary Muslim jurists maintain that all that belongs to Man-made law are considered to be kufr (unbelief), whereas majority of the scholars of Man-made law consider that Islamic fiqh is not suitable for the contemporarylife of Muslims.1 In this situation there should be some bridge between these two oppo...
Muslim jurists differ on whether Muslims who murder non-Muslims should be sentenced to death or not. Although Ḥanafī jurists maintain that they should be, most Muslim jurists hold that they should not. Modern scholars such as ʿAwdah,... more
Muslim jurists differ on whether Muslims who murder non-Muslims should be sentenced to death or not. Although Ḥanafī jurists maintain that they should be, most Muslim jurists hold that they should not. Modern scholars such as ʿAwdah, El-Awa and others have discussed the issue. Based on classical and modern fiqh (Islamic law) literature, this article examines the principal arguments used by both groups, concluding that the Ḥanafī opinion is to be preferred because it is based on stronger proofs and conforms more closely to the public interest of contemporary Muslims and non-Muslims.
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Temporary waqf is a restricted endowment for a specific duration. This paper examines Kuwait Law of Waqf and the contemporary implementation of temporary waqf in Kuwait. The research shows that Kuwait law of waqf allowed the application... more
Temporary waqf is a restricted endowment for a specific duration. This paper examines Kuwait Law of Waqf and the contemporary implementation of temporary waqf in Kuwait. The research shows that Kuwait law of waqf allowed the application of all types of waqf as temporary, the duration of waqf should not exceed sixty years and no more than two layers of generations. This paper proposes to encourage other Islamic countries to implement this concept of temporary waqf as an alternative benefit.[Konsep wakaf sementara adalah wakaf yang dibatasi masa berlakunya selama periode waktu tertentu. Makalah ini mendiskusikan Undang-Undang Wakaf Kuwait dan implementasi wakaf sementara di Kuwait. Penelitian ini menunjukkan bahwa perundang-undangan di Kuwait membolehkan penerapan wakaf sementara ini dalam semua jenis wakaf, dengan batasan tidak boleh melebihi 60 tahun dan melewati dua generasi. negara-negara Islam lainnya disarankan dapat menerapkan konsep wakaf sementara ini sebagai alternatif perlu...
As per the ruling of Islamic law, any kind of exchange in wealth, acquisition, possession, and the like will not be valid unless it is grounded on mutual consent of the contracting parties. This paper aims to study the issue of mutual... more
As per the ruling of Islamic law, any kind of exchange in wealth, acquisition, possession, and the like will not be valid unless it is grounded on mutual consent of the contracting parties. This paper aims to study the issue of mutual consent and its function in the formation of contracts from the viewpoints of prominent Schools of Islamic law. This is a theoretical study and qualitative in nature. Classical sources of Islamic jurisprudence as well as understanding of the primary texts of Islamic law are used as the key tools in the process of drafting this paper. The paper discusses the various ways to express the consent along with the juristic analysis thereof. Also, this study explicates the practices lead to the invalidity of contracts due to lack of demonstration of assent. The paper concludes that no agreement will be considered sound in Islamic jurisprudence unless there is sufficient manifestation of mutual consent of parties concerned in the contract.
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This paper aims to study and analyze the notion of khiyar al-majlis from the viewpoints of prominent Schools of Islamic law. Khiyar al-majlis refers to an option for both contracting parties either to revoke or to continue with the... more
This paper aims to study and analyze the notion of khiyar al-majlis from the viewpoints of prominent Schools of Islamic law. Khiyar al-majlis refers to an option for both contracting parties either to revoke or to continue with the contract before departing from the contracting session. This option is made lawful in Islamic law to ensure the absolute consent of the parties to the agreement and to give them adequate time to think carefully about the conclusion of the contract. However, the Hanafi and Maliki Schools do not advocate khiyar al-majlis, they advocate khiyar al-qabul (option of acceptance) instead. This study prefers the validity of khiyar al-majlis and discusses its applications. This is a qualitative study and classical references of the prominent Schools of Islamic law have been employed as the primary sources of the study. The study posits that in the case of a face to face contract khiyar al-majlis might be practical. But, in the case of online or distant contracts it is not practical because it would be difficult to determine whether the parties are continuing the session or not. Thus, in online contracts khiyar al-qabul is more practical and hence after making an offer and acceptance the contract is concluded, though the contracting session is prolonged.
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In the contemporary period, there is hardly any transaction that is detached from its respective terms and conditions. This study aims to explore and analyze the issue of sale subject to a condition from the viewpoints of various schools... more
In the contemporary period, there is hardly any transaction that is detached from its respective terms and conditions. This study aims to explore and analyze the issue of sale subject to a condition from the viewpoints of various schools of Islamic law. This study was accomplished through the scrutiny of the related primary sources of these schools. The researchers have found that the judgment of a sale with conditions is subject to the status of the related condition itself. Any condition that conforms to the requirements of the contract and customs is valid; otherwise it is invalid. Similarly, the study posits that the ruling of the contemporary transaction with terms and conditions is subject to the status of relevant conditions. If the condition is consistent with the contract and Shariah, it is valid and effective. Any condition that contradicts the requisites of the contract and Shariah are invalid and accordingly invalidate the transaction as well.
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As per the ruling of Islamic law, any kind of exchange in wealth, acquisition, possession, and the like will not be valid unless it is grounded on mutual consent of the contracting parties. This paper aims to study the issue of mutual... more
As per the ruling of Islamic law, any kind of exchange in wealth, acquisition, possession, and the like will not be valid unless it is grounded on mutual consent of the contracting parties. This paper aims to study the issue of mutual consent and its function in the formation of contracts from the viewpoints of prominent Schools of Islamic law. This is a theoretical study and qualitative in nature. Classical sources of Islamic jurisprudence as well as understanding of the primary texts of Islamic law are used as the key tools in the process of drafting this paper. The paper discusses the various ways to express the consent along with the juristic analysis thereof. Also, this study explicates the practices lead to the invalidity of contracts due to lack of demonstration of assent. The paper concludes that no agreement will be considered sound in Islamic jurisprudence unless there is sufficient manifestation of mutual consent of parties concerned in the contract.
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Throughout the history codification of Islamic law has been given intense attention because of its effect on practical life. Codification plays a positive role to produce appropriate solutions and fair judgments for litigation and... more
Throughout the history codification of Islamic law has been given intense attention because of its effect on practical life. Codification plays a positive role to produce appropriate solutions and fair judgments for litigation and disputation. Codification helps establish justice and equality, protect the rights and freedom, and extend security and stability. This paper intends to explore various efforts made to codify Islamic law in the past up to the present through analytical investigation into the related documents, books and literature. The study posits that all the sections of Islamic law, excluding the rituals (ÑibÉdÉt), such as civil, constitutional, judiciary, penal, international, etc. are eligible to be codified. Codification of Islamic law conforms to the legal policy (siyÉsah sharÑiyyah), public wellbeing and the fundamental ruling of permissibility. It is not just valid but rather indispensable as it begets facility for the mankind and removes hardship from them. Thus, codification of Islamic law actualizes the noble objectives of the