International Journal of Fiqh and Usul al-Fiqh Studies (IJFUS)
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Zakah Distribution in the National Zakah Board of Indonesia: A Juristic Evaluative Study: توزيع الزكاة في الهيئة الوطنية للزكاة في إندونيسيا: دراسة فقهية تقويمية
No full textThis 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
Suspension of Friday and Daily Congregational Prayers during Pandemic: A Juristic Maqasidic Study: التوقف عن صلاة الجمعة والجماعات في زمن الوباء: دراسة فقهية مقاصدية
No full textThis study analyses the rulings of Islamic Shari'ah regarding the suspension of daily and weekly congregational prayers during COVID-19 or any other situation like this. Since saving lives from any harm is one of the major objectives of Sharīʿah, it prefers performing prayers at home instead of going to the mosque for prayer in congregation during COVID-19 pandemic. Descriptive method has been followed in this article through incorporating the opinions of Muslim scholars and some international fiqh academies regarding the suspension of congregational prayers during COVID-19. The study, primarily, reveals Sharīʿah rulings for three issues of congressional prayers during any pandemic or emergency situation. They are: firstly, the ruling for Friday and daily congregational prayers in the mosque during COVID-19; secondly, ruling for attending Friday and congregational daily prayers for those who are already affected; thirdly, ruling for attending Friday and daily congregational prayers in the mosques by following preventive measures
The ʿUrf of Hibah on Deposits: An Analysis in the Light of New Trends in Islamic Financial Industry in Malaysia: عرف الهبة على الودائع: دراسة تحليلية في ضوء الاتجاهات الجديدة في الصناعة المالية الإسلامية في ماليزيا
No full textThis 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
Unreliable Issues in the Book of “Al-Fiqh al-Manhajī”: A Case Study of the Chapter on Prayer: المسائل غير المعتمدة في كتاب الفقه المنهجي: باب الصلاة نموذجا
No full textThe book "Al-Fiqh al-Manhajī ʿAlā Madhhab al-ʾImām al-Shāfiʿi" (Systematic Jurisprudence on the Islamic Legal School of Imam Al-Shafiʿi) by Muṣṭafā al-Khin, Muṣṭafā al-BughÉ and ‘Ali al-Sharbajī, is among the most famous books of contemporary Islamic jurisprudence in accordance with the Shāfiʿi school of law. Given the popularity of this book and its frequent circulation among Muslims, it is of great importance to study it. By reviewing its contents, teachers and readers of this book can be aware of unreliable opinions which may be unknown to them. The research aims to study this book by collecting the opinions that are not reliable in the madhhab, and for this article the research is limited to the chapter on prayer (ṣalāh). The research focuses first on explaining the concept of the ‘reliable opinion’ for Shafi‘ites, and secondly on discussing these unreliable issues in the chapter of prayer in this book. In this study, the researchers used descriptive, inductive and analytical approaches. The search ended with finding seven places in the chapter on prayer where the authors mentioned statements that are not reliable in the Shāfiʿi School
The Role of Key Functions of Shariah Governance In Islamic Financial Institutions (IFIs): دور الوظائف الأساسية للحوكمة الشرعية في المؤسسات المالية الإسلامية
No full textA solid governance in Islamic financial institutions (IFIs) is reflected in their efficient and sound operations. Due to the significant role of Sharī‘ah governance in enhancing and developing the operations and transactions of IFIs according to Sharī‘ah rules and principles, every IFI must have a sound Sharī‘ah governance framework. The key players of this governance should be defined and mentioned clearly. This paper discusses the role of key functions of Sharī‘ah governance in IFIs such as the Sharī‘ah Supervisory Board (SSB), Sharī‘ah review and Sharī‘ah audit. Moreover, this paper provides brief information about models of Sharī‘ah governance worldwide. The main objective of this study is to provide a clear insight about the key elements of Sharī‘ah governance in IFIs. In order to give this clear insight of the Sharī‘ah governance models, this study describes radically different models of Sharī‘ah governance, and focuses on their similarities and differences
Mechanisms of Promoting Economic Security and Social Peace: A Contemporary Juristic Perspective: آليات تعزيز الأمن الاقتصادي والسلم الاجتماعي: رؤية فقهية معاصرة
No full textThis paper highlights some of the mechanisms that contribute to the promotion of economic security and social peace and lead to the stabilization of the society and prosperity of its economy from the Islamic perspective inspired by the Shari`ah texts as well as the practices of the first Muslim generation who lived in peace and spread peace in the world. The primary research problem is a fundamental question: does Islam have a vision in achieving economic security and social peace? Adapting inductive and analytical approaches, the researchers have dealt with these mechanisms, the most important of which are the prohibition and criminalization of wars, the prohibition of gambling, the prohibition of division of society into classes, and all that would nourish enmities and lead to missing the Legislator’s [Allah’s] objective of property and wealth. Among the most important findings of this research is that Islam strictly prohibits monopoly and excessive profit, requires equitable distribution of wealth so that it is not accumulated in a few hands and to refrain from accumulating huge profits by means of exploiting the need of the consumer and that our religion calls us to close the economic differences among individuals so that there is neither excessive wealth, nor extreme poverty
Neo-Ijtihād In The Modern Legal Studies: A Case Study of Al-Qaraḍāwī’s Concept of Neo-Ijtihād: الاجتهاد الجديد في الدراسة الفقهية الحديثة: دراسة حالة مفهوم القرضاوي للاجتهاد الجديد
No full textShaykh Yūsuf ʿAbd Allah al-Qaraḍāwī is a notable erudite Islamic legist (faqīh) in the contemporary Islamic world of the fifteenth century after Hijrah. His rich and wide scholarship and intelligibility have immensely benefitted the Muslim world. He is, most of the time, a controversial scholar as a result of his preference of situational Neo-Ijtihād to traditional juristic approaches of medieval legists. This has indeed created an interesting landmark in the contemporary development of various areas of Islamic law and jurisprudence which calls for thorough research. The objective of this paper is to examine the opinion of al-Qaraḍāwī on neo-Ijtihād. This study explores the legal position of Ijtihād and Neo-Ijtihād in the contemporary Islamic legal system and al-Qaraḍāwī’s approach to the necessity, methodology and employment of Neo-Ijtihād in the modern day Islamic legal theory. He premises this on a certain legal assumption of Tajdīd al-Fiqh. The research methods used in this study are expository, descriptive and analytical. This research paper concludes that the situational jurisprudential issues should be better handled by contemporary seasoned Islamic jurists who are fully aware of the situation and circumstances surrounding the issues in relation to time and place. Also, the researcher maintains that this paper could be used as a reference to prove that contemporary jurisprudential issues are limited by time and are geographically binding, and thus medieval juristic materials would be lacking in addressing them
Examining the Feasibility of Waqf (Islamic Endowment)-based Takaful Model from the Malaysian Legal Perspective: اختبار جدوى نموذج التكافل المستند إلى الوقف في ضوء القانون الماليزي
No full textIn 2004, the State Islamic Religious Council (SIRC) in Malaysia stated their concern on jurisdiction pertaining to control of state waqf assets, which were different among the states in Malaysia. Based on discussions with the legal experts, they have proposed the adoption of the agency principle in order to cater to the issue of control over the waqf fund. This study discusses the feasibility of waqf (Islamic endowment)-based takāful products to be practiced in Malaysia by considering the opinions of SIRC and legal experts in the industry. In order to achieve the research objective, this research adopts a qualitative methodology and focus group discussions with the SIRC representatives and legal experts. Overall, it is found that all respondents have agreed with the proposed waqf-based takāful model as it has special values that may inculcate the culture of brotherhood in society as this concept encourages people to give something to others without receiving any financial return. This study contributes to the discussion of the feasibility of waqf (endowment) principle to be introduced in the takāful products from the legal perspective