International Journal of Fiqh and Usul al-Fiqh Studies (IJFUS)
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The Roots of Relationship Between Shāfiʽī and Ashʽarī and Their Implication on Uṣūlī Thought: A Historical Analysis: جذور العلاقة ومآلات الفكر الأصولي بين الشافعي والأشعري: دراسة تحليلية تاريخية
No full textIt is evident that the name of Abū al-Ḥasan ʽAlī bin Ismāʽīl al-Ashʽarī is related with the School of Islamic law of Imām Muḥammad bin Idrīs al-Shāfiʽī in many places and circumstances. It is also evident that most of the teachers of Imām Ashʽarī belong to the Shafiʽī School of thought. Simultaneously, several biographers and historians also attributed Imām Ashʽarī to Shafiʽī School of thought while scrutinizing the schools of Islamic Jurisprudence and Uṣūl al-Fiqh. Hence, this study aims to elaborate the reality of the relationship between Imām Ashʽarī and Imām Shafiʽī and explain similarities and differences between them along with the impacts that led to uṣūlī discourse. It is imperative to mention that it is hard to find a clear academic view exploring Ashʽarī’s uṣūlī contribution and its roots that were connected to Imām Shafiʽī in the history and how Imām Shafiʽī influenced this personality (i.e. Ashʽarī) who is considered as an incredible Islamic scholar. In doing so, the researcher will employ the inductive method in identifying the roots of the relationship between these two imāms scattered in the books of Uṣūl al-Fiqh and biographies of scholars. Furthermore, the researcher will employ the analytical method to figure out the fundamental factors of this relationship. Therefore, this study will organise the chapters and parts of this relationship through making comparison between two of them and elaborating their similarities and discrepancies. The article further analysed the developments that took place in uṣūlī thought from the era of Imām Shāfiʽī to the Shāfiʽī scholars whom Ashʽarī met or learned from, down to his uṣūlī thought. Through all of this, the researcher arrived at a clearer picture of the truth regarding the madhhab and uṣūlī thought of Imām Ashʽarī, along with whether, to a certain extent, his uṣūlī thoughts were compatible with that of Imām Shāfiʽī or not
Literalism Versus Rationalism In The House of Islam: A Case Study of Islamic Law of Succession: الحرفية مقابل العقلانية في الإسلام: دراسة حالة فقه الميراث
No full textThe 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
The Impact of the Ten Qirā’āt Mutawātirah on Jurists’ Disagreements in Sharīʿah Rulings: أثر القراءات العشر المتواترة في اختلاف الفقهاء في الأحكام الشرعية
No full textThere is no doubt that the ten different forms of qirā’āt mutawātirah themselves are a source of Islamic law because they are connected to the Holy Qur’ān, hence this article explores how they can have an impact on the difference of opinions of jurists. Therefore, when determining the legitimacy of Sharīʽah law, these 10 qirā’āt are accepted by uṣūlī scholars, jurists, ḥadīth scholars, and ’a’immah of the Islamic schools of law. But beside these ten, there are three extra rare (shādhdhah) qirā’āt, i.e. the qirā’ah of al-Ḥasan al- Baṣrī, Ibn Muḥayṣin al- Makkī, and Sulaymān al- A’mash; and also there are some qirā’āt used by some of the Prophet’s Companions. Due to their lack of fulfilling the conditions of the qirā’ah mutawātirah, the majority of scholars are in the favor of not practicing according to them because they maintain that they aren’t the Qur’ān. Al-Bannā al-Dimyāṭī further noted that usūliyyūn and jurists have consensus that the qirā’ah shādhdhah does not belong to the Qur’ān. Thus, it is essential to write on this topic and adhere to the practical examples of the ten qirā’āt of the Qur’ān without the rare ones. The problem of this study revolves around the impact of the differences between the qirā’āt, as the difference between any two qirā’āt mutawātirah may have a jurisprudential impact and be a reason for the disagreement of scholars on many legal issues, in which it may be difficult for fiqh students to know the cause of the dispute. This is because of lack of knowledge or unfamiliarity with the qirā’āt. So, this article helps to shed some light on the subject. The researchers followed the inductive-analytical approach by extrapolating the Qur’ānic qirā’āt and collecting their examples as much as possible. But it is a partial extrapolation as it clarifies and presents some examples only. This is because of the limitations of the research paper. The study came to several conclusions, including: the Qur’ānic 10 qirā’āt are one of the most crucial methods for extrapolating rulings from the Qur’ānic texts, and as such, they have a considerable bearing on the divergent opinions of jurists about Sharīʽah rulings. The ten qirā’āt of the Qur’ān are authentic and have been transmitted in a direct line from the Prophet Muhammad (ﷺ). The article urges experts in qirā’āt, Qur’ānic science, and Sharīʽah scholars to promote and disseminate these 10 categories of qirā’āt among Muslims because according to the opinions of the scholars, they are all parts of the Qur’ān
The Role of the Obligatory Will (Waṣiyyah) to Achieve Sustainable Sponsorship of COVID-19 Orphans: A Maqāṣidic Study: دور الوصية الواجبة في تحقيق استدامة كفالة أيتام كوفيد-19: دراسة مقاصدية
No full textCOVID 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 Impact of Home Quarantine on Mental Health in Malaysia during the Corona Pandemic: A Maqāṣidic Study: أثر الحجر المنزلي على الصحة النفسية في ماليزيا في ظل جائحة كورونا: دراسة مقاصدية
No full textSince the coronavirus pandemic appeared and spread around the world, countries, including Malaysia, have resorted to imposing restrictions on the movement of people to preserve the necessary objective of protecting life. Among these restrictions are comprehensive home quarantine and social distancing. These restrictions have been accompanied by many fears, such as economic and health concerns, especially the fear of being infected with the coronavirus, and the terrifying rumours of the impact of the virus that are widely spread on social media. These had a direct negative impact on people’s mental health, resulting in multiple psychological illnesses, such as mood disorders, anxiety, depression, and other psychological illnesses of varying degrees, sometimes even leading to suicide. Therefore, this study, through inductive and analytical approaches, reveals the negative effects of home quarantine on psychological and mental health in Malaysia and the means to implement the necessary measures to protect the life from COVID-19. The main findings of the study include that the preservation of life and intellect can be achieved through several means, including faith-based means such as trusting in Allah (SWT), establishing prayer, fasting, patience, and seeking reward from Him; as well as behavioural means such as sleeping and waking up early, doing some physical exercises regularly; and practising deep breathing exercises that relieve tension. Other means include the responsibility of the government and its relevant ministries to broadcast programs related to mental health care and provide psychiatrists to alleviate the burden of the pandemic
Maʾālāt (Consequences) and Their Uṣūlī Maxims: A Juristic Applied Study: المآلات وقواعدها الأصولية: دراسة فقهية تطبيقية
No full textSince 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
Issues and Concerns of Zakāh Management in Bangladesh: A Way Forward from an E-Zakāh Perspective: قضايا وتحديات إدارة الزكاة في بنغلاديش: نحو آفاق جديدة في تطبيقات الزكاة الإلكترونية
No full textZakāh is considered as one of the fundamental pillars of Islam and an important Islamic financial concept. Zakāh plays a significant and critical role in addressing poverty and inequality in Muslim communities. However, implementation of effective, and successful Zakāh management poses significant challenges in many countries, including Bangladesh. This study aims to identify the challenges associated with Zakāh management in Bangladesh and explore the implementation of the E-Zakāh application in terms of its proper collection and distribution. Through a deeper understanding of the literature review and analysis of available accessible data, the study identifies several significant deficiencies and major shortcomings in the Zakāh administration including lack of transparency and accountability, inadequate infrastructure, limited awareness and education, ineffective monitoring and evaluation systems, and inefficient collection and distribution mechanisms. This study uses an analytical and descriptive method to examine the challenges in Zakāh administration in Bangladesh. By adopting a qualitative research approach, this study aims to gain an in-depth understanding of these challenges and propose solutions. Furthermore, the article proposes a broad strategy for the effective implementation of E-Zakāh that includes the establishment of technological infrastructure, regulatory reform, capacity building, and public awareness campaigns. Finally, the present study contributes to the existing literature by clarifying the obstacles and opportunities of the Zakāh administration in Bangladesh and proposes a viable solution through the adoption of E-Zakāh. By utilising the endless possibilities of technological advances, the proposed strategy could improve the impact of Zakāh, stimulate socio-economic growth, and empower marginalised communities in Bangladesh
The Principle of Restricting the Ruler’s Authority in Islamic Jurisprudence: Its Foundations, Nature and Objectives: مبدأ تقييد سلطة الحاكم في الفقه الإسلامي: الأسس والطبيعة والغايات
No full textThe principle of restricting State power is one of the most important constitutional principles in the modern state system. This study aims to show the foundations on which this principle is based, the types of restrictions, and their objectives, all from the point of view of Islamic jurisprudence. This research followed the descriptive approach by tracking the texts of jurists related to the subject and analyzing them in order to reach the desired results. The research concluded that the principle of restricting the ruler’s authority is based on three foundations, i.e., Allah has the absolute authority above everyone else, the authority originally belongs to the ummah, and that there is a contractual obligation between the ummah and the ruler. Also, this research concluded that the restrictions on the authority of a ruler has different forms: legal and moral restrictions, contractual restrictions, and restrictions based on the benefit of ummah. Likewise, the research concluded that the effectiveness of this principle is in the religious and worldly responsibility of the ruler and in the right of the ummah to monitor the ruler and to hold him accountable through the Shūrā council. The purpose of considering this principle is to stay under the sovereignty of Allah Almighty first, as He is the absolute ruler, and then to respect the ummah as they have the rightful authority essentially, and the ruler is only a representative of it
Weak Opinions in Worship from the Book of al-Ghāyah Wa al-Taqrīb: A Case Study of the Chapters of Purity and Prayer: الأقوال الضعيفة في العبادات من "متن الغاية والتقريب": باب الطهارة والصلاة أنموذجا
No full textThis 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