International Journal of Fiqh and Usul al-Fiqh Studies (IJFUS)
Not a member yet
187 research outputs found
Sort by
The Effects of the Increasing Phenomenon of Divorce in the North Al-Batinah Governorate in the Sultanate of Oman and Ways to Treat It: آثار ازدياد ظاهرة الطلاق في محافظة شمال الباطنة بسلطنة عمان وسبل علاجها
No full textThere is no doubt that divorce has a hurtful feeling on the husband, wife, children, family and relatives. It’s like a big shock for the family as well as for the society. The effects of this decision stay long and it is difficult to forget due to the defect that occurs to the family, which was close to each other. They lived in love, mercy and family bond, then they moved to separation, dispersion, disliking and hatred. It may be asked “who is the most affected by divorce in the Omani society in the North Al-Batinah Governorate? Is it the husband or the wife, or does the harm include both, and what is the fate of the children and society from these effects? To answer all these questions, we explain the effects of divorce on a divorced man, woman, their children and society. We also discuss effects that are common for both husband and wife. The research focuses on the inductive approach through which the researchers collect what is related to the topic of divorce in general. In addition, the analytical approach is used for the study of texts of jurists and imams in their fiqh books related to the topic of divorce in the Sultanate of Oman in particular. Likewise, the comparative approach is used for comparing the statistics of the increasing phenomenon of divorce among the states of North Al-Batinah Governorate. The researchers also made a questionnaire through which they were able to analyse the most important causes and effects associated with the increase in the phenomenon of divorce in Omani society
The Banking Application of the Investment Agency Contract in Bank Nizwa in the Sultanate of Oman: An Analytical Juristic Study: التطبيق المصرفي لعقد الوكالة بالاستثمار في بنك نزوى بسلطنة عمان: دراسة فقهية تحليلية
No full textThis 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
Concept of Terrorism, its Nature and Dimensions from the Perspective of Islamic Law of Jihad: A Case Study of Nigeria: الإرهاب مفهومه وطبيعته وأبعاده من منظور فقه الجهاد: حالة نيجيريا نموذجا
No full textIslam is the right religion that considers humanity as the focal point of its legislation. On the basis of that, it pays great attention to the security of individuals and the society at large. And, it makes the protection of one's blood, wealth and integrity among its exigencies. Allah (SWT) has endowed mankind with intellect and understanding in order for him to make good use of them in making himself as well as his society happy, and utilize them in building the earth and the entire universe. Therefore, if a man deviates from this mission and tends to promote evil and destruction, that means he goes against the sound nature and instinct with which he is created. Indubitably, terrorism, nowadays is the clear manifestation of deviation from the pure nature with which mankind is created. On the basis of this, this topic is chosen so as to express the stance of Islam in relation to it (terrorism). This research also aims to examine some types of terrorism. The work contains an introduction, three sections and conclusion. Several definitions of terrorism literally and technically and the relationship between extremism and hyperbole in religion are discussed. It also encapsulates the genesis of terrorism in the world, among Muslims, and specifically in Nigeria, and depicts terrorism and its nature in a broad sense and discusses difference between holding on to religion and terrorism. It also distinguishes between Jihad and terrorism, mentions the importance of peace in Islam and the position of Islam in relation to terrorism. In order to accomplish these goals, the researchers use descriptive and analytical methods. They have concluded with the most important findings and recommendations
Imam’s (President’s) Influence in Removing the Disagreement over Disputed Issues: أثر الإمام الرئيس في رفع الخلاف في المسائل الخلافية
No full textThis 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: استحقاق المفلس للزكاة في ماليزيا
No full textBankruptcy 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
Bullying Among Students: Its Causes, Effects and Solutions from An Islamic Perspective: الاستقواء بين الطلاب في المدارس: أسبابه وآثاره وحلوله من منظور إسلامي
No full textBullying is one of the most common forms of violence among students in the learning environment. It is an intentional aggressive behavior situation performed repeatedly by a group or an individual over time against a victim who is unable to easily defend himself. There are three criteria for bullying among students: the first is the intention of aggression, then repeated act, and the imbalance of power against the interest of others. Studies have proven that over 30 % of students among peers have been victims of bullying behaviour, abuse of power and aggressiveness. In order to alleviate these threats to the peaceful coexistence of students, the social experts and decision-makers are more concerned in searching for a cure towards preventing aggressive behaviour among students during the academic period. Therefore, this research aims to put in place an integrated framework to prevent bullying between peers in schools in light of the higher objectives of SharīÑah. To achieve this goal, the concept of bullying and the reasons for its spread among students are clarified in this study. The descriptive and analytical approaches are employed to clarify the concept of bullying and its causes. Then the inductive approach is used to suggest effective solutions to it in light of the objectives of SharīÑah, especially those related to the preservation of the intellect and life. The research also highlights the negative effects of bullying on the personality of the bully, the victim of bullying, their academic performances and on the school community. Finally, in this paper, the researchers propose realistic solutions and effective prevention approaches to the decision makers, educators and parents in preventing bullying and abuse of power among students in schools and society
The Matrimonial Property during Marriage Period in Malaysia: An Analytical Juristic Study: الأموال المكتسبة أثناء الزواج في ماليزيا: دراسة فقهية تحليلية
No full texthis 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
Madhhabī Fanaticism and Its Impact on Society: A Study in Light of Islamic Jurisprudence: التعصب المذهبي وأثره في المجتمع: دراسة في ضوء الفقه الإسلامي
No full textThis study aims to explore the phenomenon of madhhabī fanaticism and its impact on the Muslim society by employing two methods: inductive and analysis. The inductive approach is used for data collection and the analytical approach is used for studying the available data. This study explains the definition of "madhhabī fanaticism," its forms, causes, rules in Islamic jurisprudence, and practical examples of the real impact of "madhhabī fanaticism" on the ordinary people's morality. This study has shown several results, and the most obvious results are: that madhhabī fanaticism causes many disputes and disunity among Muslims; indeed this situation gives ample opportunity for the enemies of Islam to distract and destroy the unity of Muslims. And, it is notable that "madhhabī fanaticism" is not only prohibited for ordinary people but for all classes of people because it is a form of rejection of the truth when there is a clear dalīl that has been explained. Madhhabī fanaticism will jeopardize everyone whether he is a Muslim scholar or one of the ordinary people. But fanaticism of a scholar can be more harmful than the fanaticism of laymen because ordinary people may have learnt or heard a mistake from a scholar, but they are unlikely to learn and hear how to correct that mistake properly resulting in misunderstanding among them. At the end, the researchers recommend that all scholars should try to rectify this problem using their knowledge of Sharī‛ah and providing continuous advice, explanation of the truth and correction of mistakes with wisdom and discretion. And for the learners, they should equip themselves with knowledge and effort for seeking it, so that "madhhabī fanaticism" would go away from them; and also all parents and teachers are encouraged to collaborate in giving Islamic education to their children from an early age which would save them from this disease in the future
Corporate Governance In Islamic Financial Institutions: حوكمة الشركات في المؤسسات المالية الإسلامية
No full textSound corporate governance is important as it ensures that IFIs are operating within the principles of the Sharī‛ah in its overall activities and that it is performing its role in disclosing profits motivated by the need to maximize the interest of shareholders. The main objective of this article is to discuss the elements of corporate governance and to build a framework that conceptualises corporate governance from the Sharī‛ah perspective. The research has combined the descriptive and analytical methods. The study shows that the model of corporate governance within the premise of the Islamic economic system leans towards being stakeholders-centred as the governance structure in Islam safeguards all rights and interests of all stakeholders and shareholders