International Journal of Fiqh and Usul al-Fiqh Studies (IJFUS)
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The Legality of Decision of Taking Fees upon Recharging Service Issued by the Central Bank of Indonesia in the Light of the Concept of Qabḍ in Islamic Jurisprudence: شرعية قرار أخذ رسوم عند إعادة الشحن الصادر من البنك المركزي الإندونيسي في ضوء مفهوم القبض في الفقه الإسلامي
No full textThis research aims to study the validity of the possession of electronic money by default based on the regulations issued by the Central Bank of Indonesia, as well as verifying the compatibility of the Indonesian law related to electronic money with the concept of “qabḍ” (possession) in Islamic jurisprudence. The premise of this is that some people do not see that it is permissible for the issuer to take the fees from the customer in return for the electronic money recharge service. This research relied on the inductive approach in collecting data from available sources, and the analytical approach in studying the represented data and the elements related to the subject. The researchers reached several results, the most prominent of which are: the Islamic jurisprudential adaptation chosen for electronic money is that it is a form of bank money. The jurisprudential adaptation of the ongoing contractual relationship in electronic money differs according to the types of electronic money. In unregistered electronic money, the jurisprudential adaptation of the contractual relationship between the customer and the issuer is the exchange contract. In registered electronic money, the Islamic jurisprudential adaptation of the contractual relationship between the customer and the issuer is the loan contract. One of the types of services that the issuer must provide to the customer when dealing with electronic money is the recharge service. It is possible to conclude that the Islamic jurisprudential adaptation in the relationship between the customer and the issuer when using this service is the lease contract. The “qabḍ” took place in this relationship because the customer is able to use this service, and in return for the “qabḍ” of this service, the customer is obliged to pay the fee to the issuer. Accordingly, the decision issued by the Central Bank of Indonesia regarding the legality of taking fees by the issuer in return for the recharge service for the customer does not contradict the concept of “qabḍ” in Islamic jurisprudence because the “qabḍ” has been achieved, and this requires payment of the fee or compensation in exchange of the received service
Sayyid Mawdudi’s Tafsir and Modern Challenges: تفسير السيد المودودي وتحديات حديثة
No full textSayyid Abū al-Aʿlā Mawdūdī (1903-1979) lived at a time when Islam was attacked from many corners of the world, from Western scholars, orientalists, modern scholars, Muslim apologists, anti-Ḥadīth movement and so on. The Western scholars do not regard the Qur’ān to be divine words. To them, Muhammad, peace be upon him (PBUH), had just copied the Qur’ān from biblical texts. They only regard the Bible to be the divine words. Some modern scholars submitted to the limited ability of rationality and rejected many Qur’ānic issues which are based on supernatural sources and the miracles of the Prophet. Anti-Ḥadīth scholars rejected the authenticity and the validity of the Prophetic traditions. To them, only Qur’ān is considered as the primary source of Islam and nothing else. Sayyid Mawdūdī dealt with all these challenges strongly and many other anti-Islamic and anti-Qur’ānic forces. This study follows textual analysis based on the Qur’ān, and the Tafhīm al-Qur’ān, the famous tafsīr of Mawdūdī and his other related writings. The study concluded that a reader should not get biased by preconceived notions while reading the Qur’ān. Rather he should keep his heart and mind open in dealing with the Qur’ānic issues and principles. It will open the doors of divine guidance for all sound-minded people
Social Integration of People with Sensory Disabilities: A Juristic Maqāṣidic Study in Personal Status: الدمج الاجتماعي لذوي الإعاقة الحسية: دراسة فقهية مقاصدية في الأحوال الشخصية
No full textConsidering the increase in the number of people with disabilities, and the great attention this group receives from community institutions at the medical, social and educational levels, this research aims to reflect the attention of Islamic Sharīʽah in integrating and protecting the rights of persons with disabilities and establishing the principle of inclusion, equality and justice between them and the rest of the members of the same society by studying the jurisprudential personal status rulings for the people with sensory disabilities. The goal is to clarify the Sharīʽah objectives of these jurisprudential rulings on the one hand and link them to modern psychological and social studies on the other hand. The research problem lies in the need to reveal the compatibility of Sharīʽah rulings for the people with disabilities with the objectives of Sharīʽah. The research combines inductive, analytical, descriptive, and comparative approaches. Among the most important findings of the study is that, in its rulings for the people with sensory disabilities, Islamic Sharīʽah considered the sensory, physical, psychological, and social objectives, as well as all the differences and the characteristics that distinguish them from others. The study also found that marriage helps to integrate people with disabilities into society, overcome many of the difficulties they face, as well as the concerns of disability
Legal Implication of Sharʿ Man Qablanā in the Islamic Sharīʿah Rulings: التضمين القانوني لشرع من قبلنا في أحكام الشريعة الإسلامية
No full textThis study examines the Sharʿ Man Qablanā and its legal implication in the Islamic legal rulings among Muslims. The bone of contention in this study is that none can get the original version of these Sharʿ Man Qablanā rulings in a single legal compendium in the present time. Apart from this, the prophetic era of the last prophet of Islam is jurisprudentially believed to have eradicated the previous legal rulings of earlier people before him. With these statements of problem, the study seeks to answer the following research question: Can Sharʿ Man Qablanā be used as a source of rulings in Islamic Sharīʿah? Research methods employed in this study are expository, descriptive, and analytical. Conclusively, the study observes that Sharʿ Man Qablanā signifies that the source of all Islamic legal systems is the one and the same Lawgiver, i.e. Allah (SWT). It also signifies that the missions of all prophets and the subject matter of all heavenly-revealed scriptures are the same and are in concordance with one another. The study therefore recommends that contemporary Islamic jurists (Fuqahā’) and Islamic legal theorists (Uṣūliyyūn) should create awareness about Sharʿ Man Qablanā legal rulings in the contemporary period. They should also issue a codified legal compendium on Sharʿ Man Qablanā so as to establish the concordance between it and the Sharīʿah legal system of the last prophet of Islam
Methods of Investing Endowed Money at the Organization of ACT and Analyzing them from the Perspective of Islamic Jurisprudence: طرق استثمار النقود الموقوفة عند مؤسسة (أ سي تي) وتحليلها من منظور الفقه الإسلامي
No full textOne of the functions of the endowment overseer (nāẓir) is to preserve and build the endowment assets, collect their proceeds and give them to those who are entitled, and all of this is achieved if the overseer exerts his utmost effort in the operations of investing endowment yields. These operations must be in line with Islamic jurisprudence and lead to achieving the purpose of the endowers in the continuity of reward, and the delivery of cash endowment proceeds to the beneficiaries. Through this article, the researchers want to explain the methods of investing and evaluating the funds endowed with the organization of ACT, and to ascertain the extent to which these operations are compatible with Islamic jurisprudence. The researchers relied on the inductive approach to collect information, data and details with regards to investment methods, and on the analytical approach to analyze and evaluate investment methods from a jurisprudential point of view. The researchers also conducted a field study by interviewing officials in this organization in order to ensure that the practices are compatible with Islamic jurisprudence. The research revealed that the method of collecting endowed money is related to the form of investing endowed money, and that the division of endowment assets into productive and non-productive helps the overseer (nāẓir) in choosing the appropriate form of investment of endowed money, and that investment methods are divided into two basic methods: commercial endowments and agricultural endowments
The Law of Will for Heirs in Malaysia: A Juristic Analytical Study: قانون الوصية للوارث في ماليزيا: دراسة فقهية تحليلية
No full textThe subject of this research is "The Law of Will for Heirs in Malaysia: A Juristic Analytical Study". The research deals with the presentation of legal articles concerning the will for heirs in Malaysia and the validity of their application in the Malaysian society. The law that applies to the Malaysian Muslims in the cases related to the will for heirs is Muslim Wills Enactment of the States of Selangor (1999), Negeri Sembilan (2004), Malacca (2005), and Kelantan (2009) under the section (26). As for the other states that do not have the Muslim Wills Enactment, they refer to the Administration of Islamic Affairs Enactment under the article (b)(viii), and Shariah Court Civil Procedures’ Enactment, Section 245(2). But the implication of the article (26), no. (2) of Muslim Wills Enactment in the States of Selangor (1999), Negeri Sembilan (2004), Malacca (2005), and Kelantan (2009) indicate that the will for heirs is permissible within the limit of one-third (of the property of the deceased person) without depending on the consent of other heirs, and it is consistent with the opinion of the jurists of Shīʽah Imāmiah and some Zaydiyyah, and contrary to the opinion of the majority of jurists who invalidate the will for heirs except with the consent of other heirs. Thus, to clarify the reality of the subject, the researchers rely on the descriptive approach, analytical approach, and field study, by analysing legal articles and conducting personal interviews to obtain the views of the Malaysian muftīs concerning the will for heirs. One of the important findings of the research is that the will for heirs is permissible within the limit of one-third without depending on the consent of other heirs in four states of Malaysia namely Selangor, Negeri Sembilan, Malacca, and Kelantan, based on the discretion and independent reasoning of the judges who consider the needs and benefits of the heirs. This study suggests that the Department of Islamic Development Malaysia (JAKIM) should prepare a paper on the will for heirs (for rectifying the related law for the whole of Malaysia), so that the National Fatwa Committee of Malaysia and the Fatwa Committees of the States can discuss the paper, make decisions, and issue the (correct) fatwā concerning the law of will for heirs
Secret Marriage Among Ethnic Somalians In Kenya: A Juristic Field Study: الزواج السري بين القبائل الصومالية في كينيا: دراسة فقهية ميدانية
No full textThis research aims to shed lights on the different types of marriage prevalent among the ethnic Somalians living in Kenya and describe their concepts to understand the extent of their conformity or non-conformity with the terms and conditions of a valid marriage in Sharīʽah. Additionally, it discusses the related views and proofs of the jurists. The problem lies in the increase of the phenomenon of secret marriage among the Somalian community in Kenya recently and lack of focus on the importance of legal marriage. This problem needs scientific research, to protect the marital relationship from disintegration. The research adopts the inductive approach, the analytical method, and the field study for collecting all information and data relevant to the topic and for explaining the types of secret marriage. The research concludes with several results, the most important of which is that any type of secret marriage will not be considered as legally valid, except if it conforms to the terms and conditions of the Sharīʽah, established by the jurists based on the texts of the Holy Qur’ān and Sunnah; and wherever, these conditions are missed, the marriage will not be considered as legally valid
The Concept of the Child in Islamic law, International Covenants and Nigerian Law: A Comparative Study: مفهوم الطفل في الشريعة الإسلامية والمواثيق الدولية والقانون النيجيري: دراسة مقارنة
No full textThis research deals with the concept of the child in Islamic law, international covenants and Nigerian law, and the consequent matters. So, the research presents the concept of the child from these three perspectives in order to compare them and determine the places of the agreement and disagreement, and what should be considered and what deserves a response for violating the principles of Islam. The research depends on the qualitative approach for collecting information from its original sources, then studying and analyzing it. The results of the research show that comparing the age of maturity or the end of childhood - as stated in international covenants and Nigerian law - with the concept of puberty in Islam shows its contradiction with Islamic principles. This is because the age of maturity is often understood before the age of eighteen. If this age is considered a dividing line between childhood and adulthood, then this leads to omit many religious responsibilities. This is because a child becomes legally responsible for performing all acts of worship and responsible for all shortcomings from the time he reaches puberty, which often occurs before the age of eighteen. Therefore, the time of puberty set by the Lawgiver (Allah SWT) must be considered, especially in the obligations of legal responsibility. But if we stipulate the child’s entitlement to exercise some social rights at the age of 18 years, there is no problem with that in the eyes of Islam as long as there is public interest in it
Multiple Methods of Uṣūlī Scholars to Define the Qiyās (Analogical Deduction): Causes and Effects: تعدد مناهج الأصوليين في تعريف القياس: الأسباب والآثار
No full textThis research aims to identify the term al-qiyās al-uṣūlī (analogical deduction used in uṣūl al-fiqh), explain the methods of uṣūlī scholars to clarify its real meaning, explain the reason for their difference in these methods, and to show the impact of this difference in the uṣūlī research that exists in their books. The problem of the research is to identify the uṣūlī scholars’ definition of the term analogy (qiyās) and try to develop a comprehensive picture of their methods of this definition, searching the reason for this difference, and explaining its impact on uṣūlī sub-issues. The research uses the inductive method to track the definitions; the descriptive method to reveal what was written about the definitions, the reasons for the difference in them and its effects; and the analytical method for explaining the methods, causes and effects of the difference. The research concluded that the uṣūlī scholars used three methods in their definitions: one method considered the analogy as the work of a mujtahid represented in transferring the ruling (from the original issue to a new issue); another method considered it as the work of a mujtahid represented in manifesting (this rule); and a third method gave the analogy an additional meaning which takes place between the original issue and the new issue, and a mujtahid has nothing to do with this. This difference in definitions shows the different viewpoints. Some scholars stated that it is dependent on how the scholars interpret the rationale of the original ruling. Others stated that it is dependent on how the scholars investigate and establish the level of equality between the original case and its ruling and the new case and its ruling. Others said that it is dependent on the difference in the authenticity of reasoning by resemblance. Others suggested that the variations are influenced by many historical landmarks that resulted in having these different definitions and methods. As for the effects of this difference in the uṣūlī sub-issues, it was represented in two things: the authenticity of the analogy, and the depth of the uṣūlī research in the field of analogical deduction