International Journal of Fiqh and Usul al-Fiqh Studies (IJFUS)
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Human’s Mental Health During the Covid-19 Pandemic: Similarity Found in the Maqāṣid al-Sharīʽah and Positive Psychology: الصحة النفسية للإنسان في ظل جائحة كوفيد-19: التشابه بين مقاصد الشريعة وعلم النفس الإيجابي
No full textHuman nature, values, and human existence and development are all intertwined in the notion of Maqāṣid al-Sharīʽah, which supports the well-being of humans, including those with mental health concerns. The high degree of mental health difficulties among students, such as severe stress and depressive symptoms, not only impact their academic performance but also lead to self-injurious behaviour and suicidal attempts. With the COVID-19 pandemic affecting Malaysian university students’ mental health, this article aims to explore the situation from a Maqāṣid al-Sharīʽah perspective and positive psychology. The study employed a mixed-method approach. Firstly, a quantitative descriptive analysis was done to assess students’ overall mental health symptoms to provide a rudimentary assessment of their core psychological problems. Questionnaires were accompanied by an open-ended question to triangulate respondents’ experiences and were analysed qualitatively through a thematic analysis. A DASS-21 survey was given to 87 undergraduate IIUM students (n = 81) aged 19 to 27 years. Based on the maqāṣid framework, the study could be utilised to prioritise strategies to treat mental health concerns at various levels that will ensure the preservation of human life. The ultimate purpose of this research is to provide future implications for a multidimensional framework of psychological well-being based on Maqāṣid al-Sharīʽah principles. This is consistent with the Sustainable Development Goals (SDG) that calls for action to protect humanity and to ensure that all individuals are living in peace and prosperity
Weakness and Disruption of Waqf, Their Causes and Solutions: A Case Study of Libyan Awqāf: ضعف الوقف وتعطله، الأسباب والحلول: الأوقاف الليبية أنموذجاً
No full textThis paper sheds light on weakness and disruption that occur in the chosen case study of “Libyan Awqāf”. The role of awqāf in the country is frail and unnoticeable for it does not provide supposed outcomes. The outcomes are not in parallel with the abundance of distinguished awqāf of high-income generating assets in Libya. Hereby, this paper aims to ascertain factors leading to the flaws in its performance, and thus identifies suitable solutions to remedy the problem and halt its deterioration. For that matter, this study employs the inductive approach as it initially collects data on issues, reports, previous researches and fatwās regarding the topic. Then the data are analyzed to ascertain the causes. Thus, this study manages to provide recommended solutions which are: a review for rental contracts, good use of the income in resuscitating the assets and employing cutting-edge investments, effective staff capacity, operative quality control, independence in expense management instead of the dependence on the government budget, doing efforts for actual aim of managing awqāf and their development, and embracing a principle of sincerity and transparency. These recommendations are made to gain people’s trust and assure the achievement of its objectives
Ṣadaqah (Charity) Attitudes of Muslims During COVID-19 Pandemic Lockdown: An Interpretative Phenomenology: مواقف المسلمين من الصدقة خلال الإغلاق الوبائي لفيروس كورونا المستجد: ظاهرة تفسيرية
No full textThe COVID-19 pandemic triggered global disruption, with many casualties recorded across different socio-economic groups. The surge seems to have affected vulnerable people more with the closure of most businesses and socio-economic activities. Despite significant government efforts to maintain lockdown order, vulnerable people from the B-40 community appear to have found it challenging to comply because of their inability to cater to their basic needs. The majority of the B-40 community with livelihood activities that require regular physical presence have difficulties accessing work and stores. Despite the government and non-governmental intervention packages for the vulnerable people, certain individuals have also volunteered in charity donations and distribution of basic socio-economic needs and health relief packages during the lockdown, but little is known about the Ṣadaqah attitude of Malaysians during the lockdown. This study explores the Ṣadaqah (charity) attitudes of Muslims during the COVID-19 pandemic lockdown to cater to the basic needs of the vulnerable members of society. This study employs the interpretative phenomenology approach of the qualitative method to analyze the semi-structured interview data. This study found that despite the anecdotal evidence suggesting that many people may be discouraged from giving Ṣadaqah due to socio-economic challenges during the COVID-19 lockdown, religiosity and psychological motivations have propelled many Ṣadaqah givers towards alleviating the socio-economic challenges of the vulnerable people. The analysis shows that the challenges of limited income and restricted socio-economic activities do not prevent some Malaysians from donating Ṣadaqah during the pandemic lockdown. The study recommends overarching government policy for an effective and transparent standard operation of the Ṣadaqah activities during emergencies
Application of Ḥiyal (Legal Devices (LD)) in Murābaḥāh Transaction and Its Sharīʿah Perspective: تطبيق الحيل في المرابحة ونظرة الشريعة له
No full textAt present, Murābaḥāh is the most widely used mode for investments among financial institutions worldwide. Similarly, this mode has been generally applied in Islamic Financial Institutions (IFIs) in Sri Lanka. However, some scholars said that the contemporary Murābaḥāh practices are not Islamic because it relies heavily on the element of Ḥiyal (legal devices). Thus, this investigation explores the doctrine of legal devices (LD) in classical Islamic jurisprudence and its application in modern Islamic finance. Legal devices (LD) are normally used for some modifications which led to the reasons for the criticism. Hence, the validity of these LDs is analyzed through classical and modern literature. This study found that using LD alone does not invalidate a contract. In addition, there are conditions and restrictions that should be applied on the use of LD. This research utilizes a doctrinal analysis, which involves both primary and secondary sources of information, such as statutes, practices, and reports. This study recommends the spheres of acceptable LD and suggests that the innovations should only be attempted within these spheres. Also, it suggests that in emerging financial products, Maṣlaḥah should be given major consideration; otherwise, the adoption of Islamic finance in non-Muslim countries such as Sri Lanka will be a challenge
Transfer of Guardian’s Authority of Marriage to the Hand of the Judge: A Jurisprudential Field Study in the Marriage of Some Malaysians in Southern Thailand: انتقال ولاية النكاح إلى الحاكم: دراسة فقهية ميدانية في زواج بعض الماليزيين في جنوب تايلاند
No full textThe study aims to discuss the topic of " Transfer of guardian’s authority of marriage to the hand of the judge: a jurisprudential field study in the marriage of some Malaysians in southern Thailand." This is due to a trend among Malaysian Muslims to marry by transferring the guardianship to the Judge as they travel outside the country with the intention of transferring the right of guardianship of marriage from their guardians to the Judge and seek his services in concluding the marriage contract. This marriage, in which the guardian is purposefully absent, violates the right of the guardian of lineage to give his ward in marriage. It also violates what the majority of the scholars from the past and present held, that the guardian is a requirement for the validity of a marriage. Southern Thailand is considered one of the most desirable destinations and one of the primary options for many Malaysians who want to marry in this manner. Therefore, the authors decided to study the ruling about the marriage of Malaysians with the intention of abandoning the right of the guardian of lineage to give his ward in marriage and transferring it to the ruler in southern Thailand. The authors employed inductive and analytical approaches. The authors carried out a field study by conducting personal interviews to learn about the opinions of some scholars, judges, lawyers, muftis, and academic experts from the relevant area. The authors have divided the research topic into two primary components; the first part highlights the concept of transfer of marriage guardianship from an Islamic juristic perspective; while the second part investigates the reasons that contribute to the spread of this ugly phenomenon in Malaysian society and proposes some solutions to address this issue. One of the most important findings of this study is that this phenomenon is one of the factors causing the destruction of family relationships in particular, and the moral value system of society in general
The Principle of Considering the Consequences of Actions in the Sharīʽah Standard for Tawarruq Issued by the AAOIFI: أصل اعتبار المآلات في المعايير الشرعية للآيوفي: معيار التورق أنموذجًا
No full textThe research paper aims to study the principle of considering the consequences of actions in the Sharīʽah standard for tawarruq issued by the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI). The problem of the paper lies in the extent to which the standard of tawarruq considers the consequences of actions in establishing the legal rulings mentioned in it, and how consistent they are with the consideration of consequences in its rules, regulations, areas, and mechanisms as established by jurists. It is known that the permissibility of various aspects of tawarruq is still a subject of disagreement among scholars, at institutional and individual levels. This study employs inductive and analytical methods as it finds out first the issues and rulings related to the standard of tawarruq which are based on consideration of consequences, then it analyses and evaluates them according to legal maxims on which they are established like sadd al-dharīʽah and ḥiyal and similar maxims which are related to ijtihād. The researchers will also explain and elaborate on rulings of the issues which are based on the principle of consideration of consequences of actions, analyzing and evaluating the ways in which it is used to formulate rulings on issues related to tawarruq. This research is significant as it will help financial institutions on one side, and will contribute on the other side in evaluating, improving, and renewing Islamic financial products by relooking at it at the research level. The researchers found that the standard of tawarruq has been complied with the principle of consideration of consequences and its regulations and maxims in inferring Sharīʽah rulings from it, and that is through formulating regulations and conditions which work to prevent all the means of circumvention and similar forms which are surrounded by doubt of ribā (interest). This proves the importance of this principle in the applied ijtihād and what is related to possibilities and cautions in finance. It seems that actualization of this principle in contemporary Islamic finance is demanded more than any other principle as it is related to financial rights of people
Ḥīlah of Tawarruq: A Fundamental Analysis of Its Adaptation in Islamic Financial Services: حيلة التورق: التحليل الأساسي لتكييفه في عمليات التمويل الإسلامي
No full textThis 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
Application of al-Qarḍ al-Ḥasan For Social Financing Through Temporary Cash Waqf and Zakāh: A Maqāṣidic Approach: توظيف القرض الحسن للتمويل الاجتماعي من خلال الوقف النقدي المؤقت والزكاة: دراسة مقاصدية
No full textThis research article aims to study the possibility of applying temporary cash waqf and zakāh in the contemporary world as they constitute the fundamental pillars of social financing in the Islamic financial and economic system, and they have a crucial role in achieving higher intents of Sharīʽah, like legal justice, social cooperation, and economic welfare. The problem of the research lies in the differences of opinions of scholars regarding the permissibility of applying al-qarḍ al-ḥasan on zakāh. This article attempts to employ the maqāṣid approach to give the preference among those views as well as delineating the rules and proposing suitable tools for it. Similarly, this research again takes the maqāṣid approach to offer the application of al-qarḍ al-ḥasan on temporary cash waqf. Content analysis and comparative analysis methods have been used in this research. By applying a maqāṣidic analogy between zakāh and cash waqf, the study concluded that al-qarḍ al-ḥasan is permissible to be granted through cash waqf based on the analogy of the permissibility of granting al-qarḍ al-ḥasan through zakāh. The study recommends that the proposed al-qarḍ al-ḥasan grants through zakāh and waqf be managed by governmental zakāh and waqf institutions as well as public Islamic banks for better governance