bluuebunny/crossref_metadata_2025 huggingface dataset:
Consideration of Public Interest (Maṣlaḥah) in Al-Qarḍ Al-Ḥasan Financing in Islamic Banks: A Case Study of Al Baraka Bank of Algeria
Authors: Ali Arif Arif , Ahmed Bourkab Mohammed , Ben Ibrahim Hendaoui Hasssan , Kouadri Missoun
Published: December 2024

The ultimate purpose of Sharia law is to protect the welfare of humans by bringing benefits for them and preventing harms from them. The jurists agree that the evidence of maslahah is the basis on which the provisions of financial and banking transactions are based regardless of their difference of opinions in terms of its conditions. The reality of Islamic banking transactions and the complexity of many of its issues make the existence of clear evidence from the Quran and Sunnah difficult, which necessitates for the researchers to make additional efforts in this field, and conduct ijtihad to use the evidence of maslahah with its legal conditions as a way to reveal the Shari`ah rulings by following the Companions and righteous scholars during their time. Therefore, the research will deal with the concept of maslahah and some issues related to considering it in financing with al-Qarḍ al-Ḥasan in the Islamic banks, and opinions of scholars about it. In addition, it explains the procedures of granting al-Qarḍ al-Ḥasan at Al Baraka Islamic Bank in Algeria and highlights the need of the Algerian youth to obtain al-Qarḍ al-Ḥasan which will be investigated through the distribution of questionnaires among them. The research follows the inductive approach to extrapolate the scholars' opinions, and analytic approach to analyze their views, and analyze the results of the questionnaires about al-Qarḍ al-Ḥasan. The research concludes that the Shari`ah ruling of some issues of al-Qarḍ al-Ḥasan is based on evidence of maslahah including all of its types which are considered, canceled and silenced ones.
Keywords: Interest, Financing, al-Qarḍ al-Ḥasan, Islamic Banks, Al Baraka Bank of Algeria.
Mechanisms for Funding Temporary Waqf and its Role for Social Development
Authors: Soleh Ali Alfakir Ali , Hussain Alnameh Abdullah , ElDin ElSayfi Hossam
Published: December 2024

As temporary waqf has a positive role in serving the welfare of societies, especially those which took organized steps to benefit from it, this research aims to find the means and mechanisms of funding it. This will have a positive role in the development of society which has problems in finding mechanisms to finance the temporary endowment, and how to employ them for this development. The research will use practical experiences to identify these mechanisms. Also, in order to understand the role of temporary waqf for social development, the researchers will use the inductive method through reading books, articles, and classical and modern scholarly researches, and the analytical approach to discover the impact of temporary waqf on the various fields of society.
Keywords: Financing, Temporary Waqf, Social Development.
The Role of the Digital World and Its Effect in Realization of the Objectives of the Islamic Economy: A Juristic Study
Authors: Obaid Hasan Saleh Abdulmajid , Zakariyah Habeebullah
Published: December 2024

E-commerce and the digital world are among the initiatives that are addressed by many contemporary researchers. This study seeks to find out how important the digital world, e-commerce, and informatics are in achieving the goals of the Islamic economy. This study also aims to develop the concept of the digital world and to determine whether the digital world is in line with the objectives of the Islamic economy. This research uses the descriptive and inductive approaches to trace the higher goals and objectives of the Islamic economy, and then incorporate them into the study area, and demonstrate the advantages of the digital economy. This research concludes that the digital world does not contradict the Shariah objectives related to wealth. These are represented in the following: breaking down the barriers; standardizing the market, the speed and ease of information exchange between consumers; reducing the distance between producers and consumers which helps in making the concept of full competition in the market consistent with the objectives of the Islamic economy in the clarity of the contract and its safety from gharar at the level of its construction; the prohibition of monopoly; the promotion of trade and activating the principle of supply and demand based on product quality; incorporation of the concept of coexistence and human exchange; reverence for science and knowledge; and encouragement for renewal and development by expanding the area of ijtihad in the drafting of contracts. This all leads to speediness, quality, and mutual benefits, which are in line with the Shari`ah and the objectives of wealth observed in this sector. 
Keywords: Digital World, Islamic Economy, Objective of Wealth.
Endowed Agricultural Lands in the Kenyan Coast: A Juristic View on Problems and their Solutions
Authors: Hemed Awadh Ali
Published: December 2024

The history of endowments in the Kenyan coast dates back to the advent of Islam in this region. The first endowments in the Kenyan coast were mosques made of mud. This is because the early Muslims (Arabs) were business merchants who were not permanently living within the coast. They often used to come to the coast and set off for the Arabian Peninsula. The first endowment to be established in this region was the Friday congregational mosque at Shanga – a village in Pate island in Lamu county, dating back to 870 A.D. Later on, Muslims endowed the agricultural lands after noticing that the region’s land was fertile and suitable for agriculture, experiencing adequate rainfall and had a moderate climate throughout the year. However, these agricultural lands had been leased out for 99 years wherein the waqf commission received very little rent throughout this period until the expiry of the contract. Moreover, a large number of tenants refused to pay an annual rent for the real estates. So, Muslims incurred a great loss due to lack of proper usage of their resources. In order to avoid these problems, the researcher sees the need to establish agricultural projects such as the growing of mangoes, oranges, and bananas so that the income obtained can be used to benefit the Muslim community.  
Keywords: Endowments, Agricultural lands, Kenyan Coast.
The Circular Economy from an Islamic Perspective
Authors: Qadir Kareem al-Zanki Salih , Moussa Mona
Published: December 2024

The circular economy is a new system that represents one side of sustainable development along with the environmental and social sides. This system is based on the principle of “from birth to birth” which aims at resisting the prevailing linear economic system that results in giant social and environmental consequences including consumption of resources which affects upcoming generations. The world with its institutions and companies endeavor towards the adoption and application of this type of economy. A system with such effect and size must be studied legally according to the norms of the Islamic economy which is marked by its characteristics and objectives. This is what the research intends to shed light on, despite the scarcity of studies in this field, with reference to some models and activities based on the concept of the circular economy. The research has combined the descriptive, inductive, and analytical methods. One of the most important findings of this research is the existence of great harmony between the Islamic economy with its objectives and the circular economy with its sustainable rules. An important recommendation of this research is the necessity of enabling the concept of sustainability in the educational curriculums and raising awareness of families’ home economy.
Imam’s (President’s) Influence in Removing the Disagreement over Disputed Issues
Authors: Ahmed Nureldin Safa
Published: December 2024

This article deals with the issue of an imam’s removal of disagreement in matters of conflict, which are the Sharī‛ah issues on which scholars disputed in two or more opinions. The research problem is finding the limit of the imam’s dealing with the removal of disagreement; and whether the people are obligated to abide by his view in disputed issues; and explaining the nature of his dealing. This research follows the analytical, descriptive and comparative approaches through presenting the concepts and terms related to the research and limiting the subject of the dispute to practical issues that are disputed in acts of worship, transactions, or customs if they do not relate to specific ones. This study concludes that one of the reasons for the disagreement is the contradiction of some generalities. The same applies to the difference in the interpretation of the āthār (tradiions) on the issue. Likewise, it concludes that the opinion of considering imam’s ruling as binding is preponderant and it removes the disagreement in issues of jurisprudential dispute, and that his dealing at that time is a matter of Sharī‛ah policy that requires the imam to act in the parish according to the legitimate interest.
The Eligibility of a Bankrupt to Receive Zakāh in Malaysia
Authors: Zameli Mohamad Hisyam , Awang Hamat Mohd Afandi
Published: December 2024

Bankruptcy is one of the worst conditions that individuals may face. Islamic law has informed the rules of the debt and warned against leniency in payment of debt and urged its payment, and has prescribed several methods for its payment, including the share of al-Ghārimīn. The jurists have set the parameters and conditions for the entitlement of al-Ghārimīn for zakāh. But the question remains about the issue of entitlement of a bankrupt to receive zakāh because there is no discussion on it in the books of jurisprudence. Therefore, this research intends to clarify the eligibility of a bankrupt to receive zakāh, especially from the al-Ghārimīn category. This research also intends to discover the ways in which the insolvency administration in Malaysia issues decisions on bankruptcy, and to search for the conditions for zakāh eligibility in Lembaga Zakat Selangor (LZS). Through the inductive approach, the researchers collected information related to the subject, and then they worked on analyzing the information and data obtained. The researchers concluded a number of results, the most important of which are: al-Ghārimūn are Muslim debtors and deserve zakāh to pay off their debts; the reasons for bankruptcy are among the most important factors for the eligibility of zakāh; and if the bankrupt has a deferred debt, it makes him ineligible to receive zakāh.
The Matrimonial Property during Marriage Period in Malaysia: An Analytical Juristic Study
Authors: Mohd Tahir Siti Nur Hidayah , Awang Abdul Bari , Sitiris Miszairi
Published: December 2024

his research aims to study the topic “Matrimonial Property during Marriage Period in Malaysia: An Analytical Juristic Study”. The process of acquiring property during the marriage period is closely related to the concept of wealth ownership, contribution and joint efforts of the spouses in obtaining the property. The research problem lies in the process of dividing the property earned during the marriage period and its relationship to the concept of “differences between spouses in household goods” or “spouses’ wealth” which were discussed by early Islamic scholars in their classical books. Therefore, this study attempts to illustrate the linguistic and terminological meanings of property and explains the legitimacy of ownership of property. The study points out evidences from the Sharī‛ah and views of jurists regarding spouses’ assets, discusses the takyīf fiqhī of matrimonial property during the marriage period, and also the views of modern jurists on this issue. This study applied the inductive and analytical approaches. At the end, several findings were gleaned from the study. Some important findings are: early Islamic jurists discussed certain types of household belongings that are related to archaic household items, which were suitable for the reality at the time because modern household appliances did not exist at that time as they do today and they have divided the belongings based on the nature (tabī‛ah) of their use, either by men or women. The matrimonial property in Malaysia is related to custom (‛adah) practiced by the Malays based on the legal maxim: “Al-ʿĀdah Muḥakkamah”(The custom is arbitrative) and it is not contradictory with the Sharī‛ah.
The ʿUrf of Hibah on Deposits: An Analysis in the Light of New Trends in Islamic Financial Industry in Malaysia
Authors: Ishak Muhammad Shahrul Ifwat , Mohd Zain Nor Amni Bazilah , Ahmad Azmir Azri
Published: December 2024

This paper explores the role of ʿurf (custom) in Islamic finance, particularly when it becomes fāsid (invalid). While ʿurf  is among the Sharīʿah sources in muʿāmalāt (commercial activities), some of the cases may need to be reviewed. Based on library research, the findings of this study reveal the roles of ʿurf in Islamic finance as follows: (i) interpreting rulings on Sharīʿah texts; (ii) establishing rulings in areas that have not been clarified by Sharīʿah; and (iii) reconsidering the change of financial practices. As for the case of hibah, it is known that BNM has issued a special regulation to reconsider the practice of hibah in wadīʿah among Islamic banks to avoid the element of ʿurf fāsid on that matter. This approach has been followed by Tabung Haji by replacing its wadīʿah with wakālah. While this study may be considered as a conceptual paper, it still provides an analysis on the real practice of hibah on Islamic deposit in Malaysia.
Zakah Distribution in the National Zakah Board of Indonesia: A Juristic Evaluative Study
Authors: Hambari  , Ali Arif Arif , Artalim Zaim Muntaha
Published: December 2024

This research aims to analyse the experience of the National Zakah Board in Indonesia (BAZNAS) in the management of zakah and the jurisprudential evaluation of the distribution process. The paper selects BAZNAS for analysis as this institution is the national zakah management coordinator and has applied modern zakah management system that became reference for other zakah institutions in the province, city, and regency levels. This research uses three methods including inductive and analytical approaches and field study to achieve its objectives. Some important findings of this research are: this organization strictly distributes zakah to eight zakah recipients as mentioned in the Quran, 9: 60, including  the poor, the needy, those employed to collect it, to attract the hearts of those who have been inclined towards Islam, to free the slaves,  for the debtors, for the sake of Allah and the stranded travellers; the definition of each of these categories (used in this organization) is in accordance with the concept of contemporary jurisprudence and also based on the country’s circumstances; the research shows that the zakah distribution applied in BAZNAS has two different methods including direct and indirect approaches; it is also found that there are two types of distribution programmes, i. e. consumption-based and production-based programmes. These are in accordance with Shariah and its objectives.
The Banking Application of the Investment Agency Contract in Bank Nizwa in the Sultanate of Oman: An Analytical Juristic Study
Authors: Salim Said Alsinani Said
Published: December 2024

This research focuses on the investment agency contract at Bank Nizwa in the Sultanate of Oman. The researcher touches briefly on the nature of the investment agency, its jurisprudential adaptation, and its most important provisions in Islamic law. The leading and first Islamic bank in the Sultanate of Oman is Bank Nizwa, where the researcher sheds light on studying the terms and conditions included in this contract, and the extent of its compliance with the Sharīʿah guideliness. The researcher uses the inductive and analytical methods for this study. He concludes at the end of the study that the investment agency contract in Bank Nizwa is a valid contract that fulfills the conditions and pillars of the investment agency contract.
The Principle of Good Choice of Means of Expression for Direct Fatwa: A Case Study of Issuing Direct Fatwā on the Distance between Worshipers in the Congregational Prayer
Authors: Abdul Razak Mohd Rashid , Ismail Abdul Manan
Published: December 2024

This research deals with the direct fatwā on the issue of distance between worshipers in the congregational prayer and the extent of its compliance with “the principle of good choice of means of expression used by a muftī for issuing fatwās”, focusing on the direct fatwā issued by the Fatwā House in the state of Kedah. The research uses the descriptive analytical method to describe the essence of the topic and discuss the opinions of jurists on it from the considered jurisprudential references. The researchers came up with Islamic guidelines and values (of using good expression for issuing fatwā) and linked them to the current Malaysian context. The researchers also analyse the direct fatwā from the Fatwā House in the state of Kedah in this regard, and they conclude that this direct fatwā complies with the principle mentioned above.
The Law of Will for Heirs in Malaysia: A Juristic Analytical Study
Authors: Karim Fatimah , Awang Abdul Bari , Zakaria Mohamad Sabri
Published: December 2024

The subject of this research is "The Law of Will for Heirs in Malaysia: A Juristic Analytical Study". The research deals with the presentation of legal articles concerning the will for heirs in Malaysia and the validity of their application in the Malaysian society. The law that applies to the Malaysian Muslims in the cases related to the will for heirs is Muslim Wills Enactment of the States of Selangor (1999), Negeri Sembilan (2004), Malacca (2005), and Kelantan (2009) under the section (26). As for the other states that do not have the Muslim Wills Enactment, they refer to the Administration of Islamic Affairs Enactment under the article (b)(viii), and Shariah Court Civil Procedures’ Enactment, Section 245(2). But the implication of the article (26), no. (2) of Muslim Wills Enactment in the States of Selangor (1999), Negeri Sembilan (2004), Malacca (2005), and Kelantan (2009) indicate that the will for heirs is permissible within the limit of one-third (of the property of the deceased person) without depending on the consent of other heirs, and it is consistent with the opinion of the jurists of Shīʽah Imāmiah and some Zaydiyyah, and contrary to the opinion of the majority of jurists who invalidate the will for heirs except with the consent of other heirs. Thus, to clarify the reality of the subject, the researchers rely on the descriptive approach, analytical approach, and field study, by analysing legal articles and conducting personal interviews to obtain the views of the Malaysian muftīs concerning the will for heirs. One of the important findings of the research is that the will for heirs is permissible within the limit of one-third without depending on the consent of other heirs in four states of Malaysia namely Selangor, Negeri Sembilan, Malacca, and Kelantan, based on the discretion and independent reasoning of the judges who consider the needs and benefits of the heirs. This study suggests that the Department of Islamic Development Malaysia (JAKIM) should prepare a paper on the will for heirs (for rectifying the related law for the whole of Malaysia), so that the National Fatwa Committee of Malaysia and the Fatwa Committees of the States can discuss the paper, make decisions, and issue the (correct) fatwā concerning the law of will for heirs.
Commercial Surrogacy for Muslims of Bangkok, its Causes, Harms and Solutions: A Jurisprudential Field Study
Authors: Arawan Nawawi , Bouhedda Ghalia , Sitiris Miszairi
Published: December 2024

The research aims to study the topic of “Commercial Surrogacy for Muslims of Bangkok, its Causes, Harms and Solutions: A Jurisprudential Field Study”. This is because this issue occurred among the Muslims of Bangkok as a result of several causes, while being unaware of the exact Sharīʽah rulings related to this issue. This research deals with the study of the reality of surrogacy among the Muslims of Bangkok in terms of its adherence to Sharīʽah rulings, its causes, and effects on the Muslim minority. The researchers used the inductive and analytical approaches and conducted a field study consisting of personal interviews and follow-ups with some Muslims who are involved in commercial surrogacy, in addition to some judges, imams of mosques and members of the Islamic Committee in Bangkok. The researchers divided the research into two main components. They began with highlighting the definition of surrogacy and the basic concepts related to it, then they touched upon its causes, harms, and solutions in the light of Islamic jurisprudence and field study. Among the most prominent findings of this research is that the Muslims of Bangkok are a minority in a society governed by Buddhist authorities, which led to their lack of knowledge of the Sharīʽah rulings, especially the rulings of contemporary issues related to the Muslim family. The researchers expect from the Muslims of Bangkok to correct their understanding of the issue of surrogacy according to Islamic jurisprudence, and to apply it correctly, avoiding the negative effects of disrupting the family in its construction and stability in accordance with the Sharīʽah objectives in preserving the family.
The Maxim of Getting out of the Jurisprudential Dispute: Its Concept, Relationship to Other Terms and Response to the Problems Raised Against It
Authors: Ilkhom Ashurov , Ali Arif Arif
Published: December 2024

This research aims to explain the concept of the maxim of “Getting out of the Jurisprudential Dispute”, and to clarify its ruling, legitimacy, conditions, and its connection with other terms of murāʽāt al-khilāf (taking into account the dispute) and iḥtiyāṭ (precaution), in addition to responding to the problems that are raised against it and showing its importance in narrowing the gap of jurisprudential differences in sub-issues. The problem of the research lies in the fact that jurisprudential disputes lead to difference, division, and sectarian (madhhabī) fanaticism, which lead to division and rupture among Muslims. Therefore, the researchers decided to present a study that contributes to solving this problem, in order to narrow the circle of disagreement and expand the circle of consensus. The researchers used the inductive approach to collect information related to the research, and the analytical approach to analyze the opinions of jurists and to give preference to one of them in order to get out of the dispute. The study concluded with results, the most important of which are: that getting out of jurisprudential disputes means taking caution from the opinions of scholars when they differ; and that the scholars are unanimously agreed on the desirability of getting out of the dispute; and that how to get out of the dispute varies according to the type of dispute.
Issuing a Secondary Currency by Islamic Banks and its Impact on the Execution of Interest-free Loans: A Case Study of Buy and Sell Model
Authors: Faroog Ibrahim Abdulla
Published: December 2024

The problem of usury in loans will not be solved as long as a single currency is used in the payment and repayment of the loan. Therefore, this research aims to propose a new system that complies with Sharīʽah standards in dealing with financial contracts for loans. The research uses the deductive and historical approaches to discuss the problem. The research concluded that it is necessary to issue a secondary currency by the Islamic banks as an alternative legitimate solution to treat usurious transactions, with the aim of dealing with it in the loan contract in particular and some aspects of other financial contracts in general, as long as this currency can be exchanged among people, used for valuation of things, and storage of value. This research proposed a new loan repayment mechanism based on the buy and sell model, in which the bank can lend the debtor in a special currency, which the debtor can then sell and be paid in the local official currency. The debtor can then spend the loan as per his/her interest. When the loan is due for repayment, the debtor can buy the special currency from the bank using the official currency and repay the loan with the same special currency. The difference or increase (i.e. profit) that enters into the bank - when the customer purchases the secondary currency with the government currency - will be a part of the capital that comes to the bank through sale or purchase.
Multiple Methods of Uṣūlī Scholars to Define the Qiyās (Analogical Deduction): Causes and Effects
Authors: Sulayman al-Hanna'i Zakariya , Said al-Mujahed Muhammad
Published: December 2024

This research aims to identify the term al-qiyās al-uṣūlī (analogical deduction used in uṣūl al-fiqh), explain the methods of uṣūlī scholars to clarify its real meaning, explain the reason for their difference in these methods, and to show the impact of this difference in the uṣūlī research that exists in their books. The problem of the research is to identify the uṣūlī scholars’ definition of the term analogy (qiyās) and try to develop a comprehensive picture of their methods of this definition, searching the reason for this difference, and explaining its impact on uṣūlī sub-issues. The research uses the inductive method to track the definitions; the descriptive method to reveal what was written about the definitions, the reasons for the difference in them and its effects; and the analytical method for explaining the methods, causes and effects of the difference. The research concluded that the uṣūlī scholars used three methods in their definitions: one method considered the analogy as the work of a mujtahid represented in transferring the ruling (from the original issue to a new issue); another method considered it as the work of a mujtahid represented in manifesting (this rule); and a third method gave the analogy an additional meaning which takes place between the original issue and the new issue, and a mujtahid has nothing to do with this. This difference in definitions shows the different viewpoints. Some scholars stated that it is dependent on how the scholars interpret the rationale of the original ruling. Others stated that it is dependent on how the scholars investigate and establish the level of equality between the original case and its ruling and the new case and its ruling. Others said that it is dependent on the difference in the authenticity of reasoning by resemblance. Others suggested that the variations are influenced by many historical landmarks that resulted in having these different definitions and methods. As for the effects of this difference in the uṣūlī sub-issues, it was represented in two things: the authenticity of the analogy, and the depth of the uṣūlī research in the field of analogical deduction.
Legal Implication of Sharʿ Man Qablanā in the Islamic Sharīʿah Rulings
Authors: Adekunle Adegoke Kazeem
Published: December 2024

This study examines the Sharʿ Man Qablanā and its legal implication in the Islamic legal rulings among Muslims.  The bone of contention in this study is that none can get the original version of these Sharʿ Man Qablanā rulings in a single legal compendium in the present time. Apart from this, the prophetic era of the last prophet of Islam is jurisprudentially believed to have eradicated the previous legal rulings of earlier people before him. With these statements of problem, the study seeks to answer the following research question: Can Sharʿ Man Qablanā be used as a source of rulings in Islamic Sharīʿah? Research methods employed in this study are expository, descriptive, and analytical. Conclusively, the study observes that Sharʿ Man Qablanā signifies that the source of all Islamic legal systems is the one and the same Lawgiver, i.e. Allah (SWT). It also signifies that the missions of all prophets and the subject matter of all heavenly-revealed scriptures are the same and are in concordance with one another. The study therefore recommends that contemporary Islamic jurists (Fuqahā’) and Islamic legal theorists (Uṣūliyyūn) should create awareness about Sharʿ Man Qablanā legal rulings in the contemporary period. They should also issue a codified legal compendium on Sharʿ Man Qablanā so as to establish the concordance between it and the Sharīʿah legal system of the last prophet of Islam.
Literalism Versus Rationalism In The House of Islam: A Case Study of Islamic Law of Succession
Authors: Arikewuyo Nafiu Ahmed
Published: December 2024

The conspicuous difference that exists among Muslim jurists from the formative stage until the contemporary time is not disconnected from the different basic approaches to the interpretation of religious texts, namely, the textualist and rationalist. This phenomenon has shaped the scholastic contention in virtually all fiqh discourses. Against this background, this article explores the surface of the aforementioned trends in selected issues relating to the Islamic Law of Succession. The research adopts historical and analytical approaches. While the historical approach assists in tracing the development of succession law in Islam, the analytical approach helps in identifying the areas characterized by literalist and rationalist trends and which one between the two is juristically given prominence. The study discovered that in most of the sampled issues, the rationalist approach triumphed over the literalist. It also detected that Muslims across the globe have maintained-as far as inheritance is concerned- the implementation of rationalist-based verdicts.
Weak Opinions in Worship from the Book of al-Ghāyah Wa al-Taqrīb: A Case Study of the Chapters of Purity and Prayer
Authors: Suhaimi Abdul Hakim , Artalim Zaim Muntaha
Published: December 2024

This research aims to study the weak opinions in the chapters of purity and prayer from Matn al-Ghāyah wa al-Taqrīb of Imam Abu Shujā’ al-Aṣfahānī in the light of the reliable opinions in the Shafīʽite School. This study will deal with the analysis of these opinions that the author chose for his book and the commentaries from later Shafīʽite scholars in the chapters of purity and prayer. What indicates the importance of this topic is that this book has become famous and spread in front of the Shafīʽite students, but they do not know the existence of these weak opinions - which were stipulated by the later Shafīʽite scholars – and also they believe that these opinions do not exist at all. This research will help them to understand the existence of these opinions. In this research, the researchers have followed three main approaches, namely: the inductive approach, the analytical approach, and the comparative approach. The study reached important results, including that the Matn al-Ghāyah wa al-Taqrīb, with its majesty and fame, was not free from weak opinions, and that there is no text written before al-Nawawī and al-Rāfi‘ī except that it contains weak opinions; and finally, the reliable opinions in the Shafīʽite school are what have been decided by the later Shafīʽite scholars.
Maʾālāt (Consequences) and Their Uṣūlī Maxims: A Juristic Applied Study
Authors: Suleiman Hassan , Abdullahi Busari Saheed , Musa Umar Adam
Published: December 2024

Since the entity of Islamic Sharīʽah is full of wisdom and goodness, it is pertinent for Muslims to contemplate their future, after learning from the past experiences and the knowledge of the present. By looking ahead, and at its complexity and preparing for it with the required sciences and arts, a better society can be ensured. Hence the scholars gave importance to the jurisprudence of ma’ālāt (consequences), their uṣūlī maxims and applications in various fields of Islamic jurisprudence. This study aims to employ our Islamic knowledge of jurisprudence and its principles, maqāṣid, as well as intellectual thought in extracting the role of heritage, extrapolating the established way of Allah and studying the reality carefully, that will enable the contemplating of a better future for the Islamic nation that will lead to achieving development and prosperity. Therefore, the problem of research lies in the difficulty to use the uṣūlī maxims and rules related to the jurisprudence of the future regarding the new juristic developments in different fields of Islamic law and contemporary issues. In order to complete the research, the researchers used the inductive analytical method by extrapolating the established Sharīʽah texts to anticipate and consider the role of ma’ālāt and then analyze those texts to infer appropriate judgments based on facts. Among the major findings of the research were: first, Islam prepared man to look to the future and free him from the obstacles of superstition, pessimism, volatility and astrology, and he should not despair, and surrender; rather he should struggle for, and stand by the truth. Secondly, the maxims of maʾālāt are concerned with knowing the legitimate provisions concerning the future and the possible actions of the mukallafūn (legally responsible people) based on past experience, understanding the reality and looking ahead within the possible human ability. Thirdly, the Qur’ān was concerned with establishing natural and societal ways of Allah based on contemplating the future, the same way it paid attention to the present by linking it with the past so that the Muslim can be on a sound foundation regarding his future.
Ḥīlah of Tawarruq: A Fundamental Analysis of Its Adaptation in Islamic Financial Services
Authors: Mohamad Ghazali Nasrun , Md. Sawari Mohd. Fuad , Ghalia Bouhedda , Syed Jaafar Alhabshi Syed Musa
Published: December 2024

This paper aims to critically review the application of tawarruq in Islamic financial services. On one hand, it is proclaimed as a Sharīʽah-compliant mode, while on the other hand, it has also been deemed non-compliant. In terms of the aspect of ḥīlah, this review intends to examine the basic mechanism of financial tawarruq and compare it with ʽīnah and ribā jāhiliyyah arrangements in order to outline the borderline of permissibility and prohibition. This paper applies the doctrinal methodology specified in Sharīʽah law, with cross reference to the contemporary Sharīʽah resolutions; whereby the observations, documents and records will be comparatively reviewed for establishing a critical evaluation. The review identifies areas that require further clarification regarding the adaptation of tawarruq into the modern financial system. The results indicate that the tawarruq mechanism differs slightly from ʽīnah, which possess the most similarity with the ribā jāhiliyyah attributes. In certain aspects, tawarruq could be considered a permissible ḥīlah or makhraj, particularly within the current financial and economic landscape, provided that certain parameters are observed. These findings are crucial for harmonizing different Sharīʽah views, facilitating the adaptation of the concept, and ensuring its effective implementation at the operational level. This is necessary to address the current situation of Islamic financial services in the dominance of conventional finance.
Sharīʽah Rulings and Important Benefits of Recitation of Ṣalāh Upon the Prophet ﷺ
Authors: Amanullah Muhammad
Published: December 2024

Muslims who pray five-time daily prayers recite ṣalāh upon the Prophet (ﷺ) regularly. However, many of them neglect or do not give importance to its recitation outside the prayer. The reason of this negligence primarily goes back to their ignorance about the numerous benefits of this recitation and disadvantages of not reciting it. Using the descriptive and analytical methods and based on the Qur’ānic verses, aḥādīth of the Prophet peace be upon him (ﷺ) and opinions of Muslim scholars, this paper will highlight the rulings of the recitation of ṣalāh upon the Prophet (ﷺ) inside and outside the prayer. Likewise, it will focus on the benefits of this recitation and disadvantages of not reciting it. This paper concludes that the preferable view about the recitation of ṣalāh inside the prayer is that it is sunnah mu’akkadah; and the preferable view about its recitation outside the prayer is that it is obligatory after each hearing of the name or mention of the Prophet (ﷺ), and it is recommended to recite it as much as possible without any specific limit.
The Role of the Obligatory Will (Waṣiyyah) to Achieve Sustainable Sponsorship of COVID-19 Orphans: A Maqāṣidic Study
Authors: Busari Saheed Abdullahi , Sharaf Najeem Adewale , Suleiman Hassan
Published: December 2024

COVID came and left bitter memories among human societies, such as the rise of unemployment, leaving many deaths, and an increase of orphans and widows. This undoubtedly negatively affects the social cohesion worldwide. The bitter truth is that orphans of corona victims are one of the painful social and economic consequences of this pandemic. Every society will eventually have to deal with their sponsorship. It also negatively affects the structure and organization of the family due to the large number of victims who were the heads of the families. Therefore, this research aims to clarify the objectives of Sharīʽah in protecting orphans and to reveal the role of the obligatory will (waṣiyyah) in achieving it and the sustainability of sponsoring orphans of Covid-19 and similar humanitarian disasters. This is done by adopting two basic approaches. The first is inductive, and the other is descriptive. The inductive method is used to trace concepts related to the topic in the sources, references, and heritage books. The descriptive approach is used to explain the objectives of Sharīʽah and their importance in achieving social and economic interests, and how they are employed in meeting the needs of orphans in Islamic societies. The study reached some results and recommendations for the coordination and implementation of the obligatory will in the Muslim community to assist orphans from COVID-19, which has caused death of many parents worldwide. And it is worthwhile to activate the system of obligatory will to achieve the public interest of caring of COVID orphans by providing them with the social, economic, and educational needs and including it in a personal status law, if possible. The study suggests further research on a legitimate alternative to care for COVID victims, such as using the Social Endowment to manage the affairs of COVID-19 orphans in the Muslim community.
The Jurisprudential Contents of the Standard about the Procrastinating Debtor and Their Effects on Banking Practice in Turkish Partnership Banks
Authors: Oweida Adnan
Published: December 2024

The problem of defaulting debtors represented the background of the fatwa issued obliging the procrastinating debtor to abide by financial penalties. This background formed the starting point for this study, which examined contemporary jurisprudential ijtihad related to the contents of the procrastinating debtor standard, which is the third Sharīʿah standard of the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI), where financial penalties or fines for delaying were the most important content of this standard. The study shed more light on financial penalties against the defaulting debtor, and supported an alternative vision, as the research problem was summarized in verifying the soundness of contemporary jurisprudential ijtihad issued by some Sharīʿah bodies. The study concluded: there is a flaw in contemporary ijtihad on the issue in question. This flaw has been diagnosed and corrected, and amendments have been proposed to the third AAOIFI standard on which these fatāwā are based. The study concluded with the most important results that decide a different point of view: it maintains that the late fines imposed on the debtor are purely arbitrary action made by the financial institutions to begin with, and it is appropriate to reconsider the fatwa and remove this injustice from the shoulders of the debtors. The study recommends that the financial institutions stop obliging the defaulting debtor to pay any sums of money that exceed the original obligation to ensure justice in the financial system. The study also indicates that the legislative aspect of partnership banks in Turkey is affected by this defect and also indicates the extent to which it is affected by the procrastinating debtor standard issued by AAOIFI.
The Philosophy of not Specifying the Maximum Limit for a Woman’s Dowry in Islamic Law and its Role in Promoting the Good Conjugal Relationships in Human Society
Authors: Zaki Zakirullah , Awang Abdul Bari
Published: December 2024

The primary goal of the study is to explain the philosophy of not specifying the maximum limit of dowry in Sharīʿah and its role in promoting good conjugal relationships in human society. Islam has encouraged marriage and made dowry part of its provisions to achieve more harmony between the spouses and to be a savings income for the wife in the future. The basic principle is that the dowry is permissible for everything that is considered wealth according to Sharīʿah, without specifying its maximum amount according to the majority of scholars, even if the Sunnah is to facilitate it with avoiding exaggeration to block the dharāʾiʿ (means to negative consequences). The problem is that there is lack of clarity that not specifying the maximum limit for a woman’s dowry has a major role in promoting good conjugal relationships in human society and has many wisdoms behind it. In this study, the researchers used the qualitative and analytical approaches, and collected data by conducting interviews with specialists in this field. The researchers concluded that the wisdom behind not specifying the maximum limit for a woman’s dowry in Sharīʿah is the widening of the global outlook of Sharīʿah and its future vision, and the possibility for Islam to meet all the needs of humanity in all eras and times, and the change of ruling with the change of times. Therefore, Sharīʿah delegated the matter to the agreement of the spouses, and this leads to an increase in affection and love between them and to the integration of society, and it strengthens societal relations and causes the strengthening of good conjugal relationships between the spouses because they determine it by their will and mutual consent.
Application of Istiṣḥāb and Istiḥsān in Islamic Law of Inheritance: An Analytical Study
Authors: Arikewuyo Ahmed Nafiu , Abdur-Rahman Olamilekan Idris
Published: December 2024

This paper explores the application of the Islamic jurisprudential principles of Istiṣḥāb (presumption of continuity) and Istiḥsān (juristic preference) within the realm of Islamic inheritance law (Mirāth). The methodology involves a conceptual discourse that explains Istiṣḥāb as the presumption that a previous state or ruling continues to remain valid unless proven otherwise, and Istiḥsān as the departure from strict analogical reasoning (qiyās) or text towards stronger evidence or interpretation that better aligns with the objectives (Maqāṣid) of Sharīʿah. This is followed by a detailed analysis of their application in various inheritance cases, including mass fatalities, obligatory bequests (Waṣiyyah Wājibah), and the inheritance rights of hermaphrodites and fetuses, among others. The research problem revolves around demonstrating how these principles facilitate juristic reasoning (ijtihād) in Mirāth, enabling the law to adapt to evolving familial structures and contemporary challenges, given the inadequate scholarly focus on their comprehensive application in modern contexts. The key research findings include the adaptability of Mirāth to societal changes, the ability to address complex scenarios, and balancing between rigidity and flexibility. It lays a good foundation for future research.
The Role of Islamic Social Finance Instruments Towards Poverty Alleviation in Nigeria: A Juristic Analysis
Authors: Busari Saheed Abdullahi , Salaudeen Adnan Opeyemi
Published: December 2024

Nigeria is one of the West African countries that have abundant natural resources. It is also a member of the Organization of Petroleum Exporting Countries (OPEC). According to World Bank statistics, Nigeria’s poverty rate is alarming, ranking next after India. Despite the numerous natural resources in Nigeria, poor economic management and governance are considered factors responsible for the current standard of living in the country.  This study examines the potential opportunities and challenges in employing the Islamic social instruments of Zakah, Sadaqah, and Waqf in wealth redistribution to alleviate poverty in Nigeria. This study uses data obtained through library search to explicate the achievements and challenges of wealth redistribution in Nigeria and the role of Islamic social financing in eradicating poverty. It adopts a descriptive and juristic analysis approach to the roles and potential contributions of existing Islamic social finance platforms in the sustainable redistribution of wealth in Nigeria. This study reviews existing social finance platforms in Nigeria through an analysis of the Qur’an, Hadith, and Islamic economic worldview interpretations. The study explores the socio-economic potential of Nigeria’s multi-ethnic, cultural, and religious society. This study finds that Islamic social finance institutions in Nigeria face corporate governance, effective records, database management, and regulatory challenges impeding public and private institutions’ initiatives to address wealth redistribution and eradicating poverty through Islamic social financing use of Zakah, Sadaqah, and Waqf in Nigeria.
EDITORIAL
Authors: Aniza Abu Bakar
Published: December 2024

Editorial for Volume 12 Issue 1
COURTYARD VISUAL COMFORT ISSUES IN COMMERCIAL BUILDING IN TROPICAL CLIMATE MALAYSIA
Authors: Khairuddin Nuur Liyana , Denan Zuraini
Published: December 2024

Courtyards, while effective as multifunctional open spaces and passive daylight strategies in buildings, face challenges in tropical climates such as visual discomfort due to intense solar radiation. Visual discomfort impacts outdoor activities, affecting the efficiency of courtyards. To understand this issue, Setia Walk Puchong has been selected as a case study. Observation, fieldwork measurement, and simulation are methods used in investigating visual comfort performance. The main issues identified include uneven light distribution, glare, and insufficient shading, suggesting the need for effective design solutions. Given the context of tropical climates, the study aims to explore architectural strategies that can enhance visual comfort and ensure courtyards remain functional and usable spaces. This involves adapting designs to mitigate issues such as uneven lighting, glare, inadequate shading, and other factors that impact comfort in courtyards. Optimal configurations like small, deep, and decentralised courtyards are among the strategies to provide shade effectively. Choosing elements such as layered greenery and independent structures that can help mitigate glare and manage illuminance levels are other strategies for ensuring courtyards are functional and inviting spaces in tropical climates.
UTILISATION OF OPEN SPACES IN ENHANCING ARCHITECTURAL SUSTAINABILITY: A CASE STUDY OF METROPOLITAN LAGOS
Authors: Okunola Segun , Ogunbodede Bola , Akinfolarin Jobi
Published: December 2024

As a result of urbanisation, green fields in urban Lagos are being lost to urban development, with more open spaces being encroached. Tafawa Balewa Square's bordering racecourse has recently been misused and is now being landscaped as a concrete jungle. The poor quality of ancient open spaces in Lagos state is aptly demonstrated by the degradation of Lagos Marina by overhead bridges and the coastal erosion that erased the Lagos Bar Beach on Victoria Island to coastal erosion. To improve architectural sustainability: a case study focuses on Metropolitan Lagos. The qualitative analysis method compares the study area's built-up area to the land area initially designated for open space in the original plan. This study found that residents' social, economic, and cultural activities interact in complicated ways in open spaces, which serves as justification for using the location or nearby building.