International Journal of Fiqh and Usul al-Fiqh Studies (IJFUS)
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Marital Guardianship (Qiwāmah) among the Muslims of Bangkok: Concept‚ Problems and Solutions in Light of Islamic Law: القوامة الزوجية عند مسلمي بانكوك: مفهومها ومشاكلها وحلولها في ضوء الفقه الإسلامي
No full textThis research aims to study the topic of marital guardianship (qiwāmah) as practiced by Muslims of Bangkok, Thailand, who wrongly understand that the qiwāmah means to have absolute control over their women. This research focuses on providing solutions for this problem for the Muslims in Bangkok. The researchers have adopted the inductive and analytical methods, as well as a field study consisting of questionnaires, interviews, visits to common Muslims, judges, imams of mosques and members of the Islamic Committee in Bangkok. The research is divided into two sections: first, the study of qiwāmah, its concepts and implications in the Islamic law; and second, the problems faced by Muslims of Bangkok due to their wrong understanding of the concepts and how to solve them from the perspective of the Islamic law and a field study. The research concludes that Muslims of Bangkok are a minority ruled by Buddhist authorities of Thailand. As a result, they are largely ignorant about the rules of family in Islam and the sound understanding of qiwāmah
Study of Donation of Debt in Islamic Jurisprudence with Emphasis on Imami and Hanafi Schools of Law: دراسة هبة الدين في الفقه الإسلامی مع الترکیز علی المذهبين الإمامي والحنفي
No full textCould a debt also be the subject of a donation? Some jurists believe that such a donation is not appropriate due to the impossibility of a debt acquisition. This group of jurists believes that donating debts is a payment to the debtor not in the form of a donation but in the form of a release, since the result is the same: the fall of a debt. The donation of debts to a third party is also considered to be void by this group. In contrast, it is argued by another group of jurists that the acquisition should not solely be interpreted as material possession since the objective of the acquisition is to donate the property that is the subject of the acquisition. This also occurs in debt acquisition. In addition, as we know, if the subject of a donation is in the possession of a donee, no acquisition is required. In this regard, the debts also become the debtor’s acquisition since it is his obligation. Although both the donation and release lead to the same result, their initial effects are different: a donation results in the possession of a debt, and the release leads to the fall of a debt. Such a difference would raise further differences. Regarding the donation of a debt to a third-party, the same happens as the third party possesses a debt after donating it, so that he can be referred to as the debtor, resulting in both domination and acquisition. Accordingly, the donation of a debt to a third-party should also be considered appropriate. This paper focuses on the views of Imami and Hanafi Schools of law in this regard
Interdiction of the Shameless Mufti in Juristic Tradition and Its Application in Contemporary Reality: A Juristic and Maqasadic Study: الحجر على المفتي الماجن في التراث الفقهي وتطبيقه في الواقع المعاصر: دراسة فقهية مقاصدية
No full textIssuance of religious verdict (fatwā) has been approved divinely and is also a Prophetic function. It is a heavy responsibility that requires total trustworthiness. Establishing this religious verdict should not be done except by qualified people. Despite that, in the recent decades, chaos has been occurring in giving religious verdicts all over the world, as this has become a global phenomenon. This is because most of those who have recently produced religious verdicts have not considered the eligibility or requirements needed before doing so. They proceed with this task in different forms, such as media channels, webs, posts and booklets, which has led to contradictions in fatwa, confusion and dispute among Muslims, coupled with the societal instability. Considering the danger of giving religious verdicts by unqualified people, the classical jurists issued a fatwa for interdiction of these unqualified people by preventing them from their action and cancelling their verdicts, in order to save the public from their danger. This situation has led to the appearance of a terminology known as “interdiction of the shameless mufti”. This study aims at defining the shameless mufti and describing the Shari`ah ruling and reason for his interdiction, who should interdict him and how this rule could be implemented in our contemporary life. This research adopts both the inductive and analytical approaches
Sukuk Default Regulation in Malaysia and United Arab Emirates: Comparative Analysis: قانون تقصير الصكوك في ماليزيا والإمارات العربية المتحدة: تحليل مقارن
No full textThe nascent Islamic finance industry is still facing the challenges of uncertainties in legal regimes, Sharī’ah interpretations, the right of investors, and remedies in default circumstances. The event of Sukūk default is one of the significant challenges faced by the Islamic capital market. The recent Dana Gas Sukūk default triggered by Sharī’ah compliance interpretations has shown the extent of danger that moral hazards could cause to the entire Islamic finance space. Scholars have argued that the Sharī’ah-compliant arguments witnessed in the industry were because of the nature of the capital market framework of any particular jurisdiction and were not significantly Sharī’ah issues. This study aims to carry out a brief comparative analysis of the default cases in Malaysia and the United Arab Emirates (UAE). The study compares the legal jurisdiction and regulatory framework in summary-background of the judges and court decision samples based on these structures and how they have influenced Sukuk default regulations in the jurisdiction. This study employs a comparative analysis by considering fundamental elements in the regulatory framework.
Keywords: Sukuk Default, Regulatory Framework, Legal Jurisdictions
The Extent of Possibility of Applying a Mode of Financing Services and Benefits in Libyan Banks: مدى إمكانية تطبيق صيغ تمويل الخدمات والمنافع في المصارف الليبية
No full textLaw no. 1 of the year 2013 issued by the Central Bank of Libya has caused a challenge for Libyan banks because this law has prevented all Libyan commercial banks from providing personal loans with interest (riba) at a time when there was no existence of Islamic banking activities. This problem called for finding a suitable alternative for personal financing. An alternative would be the creation of financing services and benefits based on Shari`ah rules. Therefore, this research aims to study the conditions and work mechanisms for the mode of financing services and benefits and the possibility of employing it as a source of personal finance in Libyan banks. This research uses descriptive and analytical approaches. The study has arrived at a number of findings. The most important of them are: it is possible to implement the mode of financing services and benefits as a source of personal finance to meet the needs of customers, and this mode has the characteristics that qualify it to be a good alternative for personal loans.
Keywords: Personal Financing, Financing Services and Benefits, Islamic Financing, Libyan Banks
Mechanisms for Funding Temporary Waqf and its Role for Social Development: آليات تمويل الوقف المؤقت ودورها في التنمية الاجتماعية
No full textAs 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: دور العالم الرقمي وأثره في تحقيق أهداف الاقتصاد الإسلامي: دراسة فقهية
No full textE-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
The Effect of Custom in the Criteria of Competence in Marriage: A Maqasidic Study: أثر العرف في معايير الكفاءة في النكاح: دراسة مقاصدية
No full textعالج هذا البحث بعض الأعراف المنحرفة التي تؤثر في تحديد معايير الكفاءة في النكاح؛ وذلك لاختلاف تحديدها باختلاف الزمان والمكان. وكانت الأعراف المقصود دراستها ثلاثة، أولها: العيوب الشكلية في الخاطب وأثرها على الكفاءة، وثانيها: تقدّم الخاطب من دولة غير دولة المخطوبة، وثالثها: يسار الخاطب وفقره وأثر ذلك على الكفاءة. وقد خلص البحث إلى أن معايير الكفاءة غير ثابتة، وتتغير بتغير الأحوال، ولهذه الأعراف آثار خطيرة وسيئة؛ كوقوع النساء في المحرمات وانجرافها للفتن والمعاصي، وانتشار العنوسة في المجتمعات، وأن التكلّف في تحديد الكفاءة في النكاح له ضرر على الأسرة والمجتمع بأكمله؛ لمخالفتها مقصدي حفظ الدين والنسل.
الكلمات المفتاحية: العرف، الكفاءة، المعايير، النكاح، مقاصد الشريعة.This research addresses some of the deviant customs which affect the determination of the criteria of competence in marriage as a result of variations of this determination according to the variation of time and place. The customs that are intended for research in this study are three. First, defects related to outward appearance in the suitor and its effects on his competence; second, suitor’s belonging to a state other than that of the fiancée; and third, his wealth or poverty and its effect on his competence. The research concluded that competence criteria are not fixed. Rather, they vary with the variation of situations. Moreover, the customs mentioned earlier have certain serious and harmful effects such as women committing prohibited things, their delinquency of temptation and sinful acts, and the spread of spinsterhood in the society. Also, the determination of competence in marriage in an unnatural manner is harmful to the family and the entire society due to its contradiction to the Shariah’s objectives of preserving the religion and progeny.
Keywords: Custom, Competence, Criteria, Marriage, Maqasid al-Shari'ah
Application of E-Wallet: A Preliminary Analysis from the Shariah Perspective: تطبيق المحفظة الإلكترونية: تحليل أولي من منظور الشريعة الإسلامية
No full textThe introduction of the digital wallet known as “E-Wallet” helps people in their transactions without the need for cash, which is known as the phenomenon of “go cashless.” Implementation of the e-wallet is involved with some transactions and concepts used, which may trigger Shariah issues; this is the research problem. Therefore, there is a need to study this concept and its application by looking into the related Shariah requirements in order to clarify the ḥukm of using the e-wallet for Muslim users. This paper aims to analyze the concepts used in the e-wallet from a Shariah perspective (takyīf Fiqhī) and to highlight issues that are related to its application. This research uses the inductive approach in finding classical and contemporary references, as well as the analytical approach in relation to the Shariah concepts and issues. Finally, this research concludes with several findings: 1) the concept of wadīʿah can be adopted for the e-wallet as long as there is no usage from the platform provider; 2) it was found that the implementation of cashback does not involve riba payment; 3) lastly, there are some key challenges in implementing the e-wallet fully in Malaysia, especially in terms of the security risk.
Key Words: E-Wallet, Takyīf Fiqhī, Wadīʿah, BNM