International Journal of Fiqh and Usul al-Fiqh Studies (IJFUS)
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The Principle of Good Choice of Means of Expression for Direct Fatwa: A Case Study of Issuing Direct Fatwā on the Distance between Worshipers in the Congregational Prayer: ضابط حسن اختيار وسيلة التعبير عن الفتوى المباشرة: الفتوى المباشرة عن التباعد بين المصلين في صلاة الجماعة أنموذجا
No full textThis research deals with the direct fatwā on the issue of distance between worshipers in the congregational prayer and the extent of its compliance with “the principle of good choice of means of expression used by a muftī for issuing fatwās”, focusing on the direct fatwā issued by the Fatwā House in the state of Kedah. The research uses the descriptive analytical method to describe the essence of the topic and discuss the opinions of jurists on it from the considered jurisprudential references. The researchers came up with Islamic guidelines and values (of using good expression for issuing fatwā) and linked them to the current Malaysian context. The researchers also analyse the direct fatwā from the Fatwā House in the state of Kedah in this regard, and they conclude that this direct fatwā complies with the principle mentioned above
Being Moderate in Consumption and its Effect on Investment, Production and Societal Development, in the Context of Islam: أثر الاعتدال في دالة الاستهلاك إسلاميا في جانب الاستثمار والإنتاج والتنمية المجتمعية
No full textThe research seeks to clarify the effect of moderation in consumer behaviour, and the extent to which moderation affects other economic activities. The economic activities are linked to each other, and this link can be seen in the effect of moderate consumption in them. This research aims to explain consumption from an Islamic perspective, and its difference from the conventional perspective, and to show the economic effects of moderation in consumption from an Islamic perspective. The researchers relied on the descriptive approach for explaining consumer behaviour from an Islamic perspective and its difference from the conventional perspective, then they analysed and studied this behaviour so that the effect of moderation in other economic activities becomes clear. The researchers concluded that consumption from an Islamic perspective, which is regulated by Islamic rulings, shows positive impact on the economy, with the increase in the aggregate demand for consumption and the higher marginal tendency to consume more than the conventional man-made perspective. This leads to increase the investment in the market as a result of transferring part of the income of the rich to the poor with various expenses, including zakāh, whose amount increases due to moderation. This results in raising the level of sufficiency in society, allocating resources, increasing employment and job opportunities, and protecting the economy from business cycles. It encourages thoughtful and bold investment and motivates the rich to choose the best alternative investment opportunity. The effect of moderation in consumption also appears in the development of consumption control in a way that it creates surpluses that increase investment, leads to improving the production in quantity and quality, and directs it towards considering the order of priorities
The Maxim of Getting out of the Jurisprudential Dispute: Its Concept, Relationship to Other Terms and Response to the Problems Raised Against It: قاعدة الخروج من الخلاف الفقهي: مفهومها وعلاقتها بالمصطلحات الأخرى والرد على الإشكالات الواردة عليها
No full textThis research aims to explain the concept of the maxim of “Getting out of the Jurisprudential Dispute”, and to clarify its ruling, legitimacy, conditions, and its connection with other terms of murāʽāt al-khilāf (taking into account the dispute) and iḥtiyāṭ (precaution), in addition to responding to the problems that are raised against it and showing its importance in narrowing the gap of jurisprudential differences in sub-issues. The problem of the research lies in the fact that jurisprudential disputes lead to difference, division, and sectarian (madhhabī) fanaticism, which lead to division and rupture among Muslims. Therefore, the researchers decided to present a study that contributes to solving this problem, in order to narrow the circle of disagreement and expand the circle of consensus. The researchers used the inductive approach to collect information related to the research, and the analytical approach to analyze the opinions of jurists and to give preference to one of them in order to get out of the dispute. The study concluded with results, the most important of which are: that getting out of jurisprudential disputes means taking caution from the opinions of scholars when they differ; and that the scholars are unanimously agreed on the desirability of getting out of the dispute; and that how to get out of the dispute varies according to the type of dispute
The Application of the Zakat System to Reduce the Problem of Poverty in the Afghan Province of Jowzjan and Its Effects: تطبيق نظام الزكاة في الحد من مشكلة الفقر في ولاية جوزجان الأفغانية وبيان الآثار المترتبة على ذلك
No full textThis research aims to show the role of Zakāh in alleviating poverty and improving the economy in the Afghan province of Jowzjan. This is because the failure to achieve economic balance and address the differences between the different social groups, eradication of poverty, and the consequent famine, unemployment, delinquency, rebellion, etc. are major problems that threaten societies and countries today, especially Islamic societies one of which is the society of the Afghan province of Jowzjan. Islamic visions and mechanisms to solve the problems of previous societies should be newly reconsidered as they were effective in the past. After reconsidering them, there should be renewed formulations to make them effective for the contemporary new issues. One of the mechanisms used in the past to alleviate poverty is the role of Zakāh. This mechanism should be newly reconsidered and applied in contemporary times to alleviate poverty. Using the inductive and analytical methods and some personal interviews, the research reveals the factors that made Zakāh inactive in many countries of the Islamic world, especially in the Afghan province of Jowzjan, and deals with how to activate Zakāh again in this province
Commercial Surrogacy for Muslims of Bangkok, its Causes, Harms and Solutions: A Jurisprudential Field Study: استئجار الأرحام عند مسلمي بانكوك؛ أسبابه وأضراره وحلوله: دراسة فقهية ميدانية
No full textThe research aims to study the topic of “Commercial Surrogacy for Muslims of Bangkok, its Causes, Harms and Solutions: A Jurisprudential Field Study”. This is because this issue occurred among the Muslims of Bangkok as a result of several causes, while being unaware of the exact Sharīʽah rulings related to this issue. This research deals with the study of the reality of surrogacy among the Muslims of Bangkok in terms of its adherence to Sharīʽah rulings, its causes, and effects on the Muslim minority. The researchers used the inductive and analytical approaches and conducted a field study consisting of personal interviews and follow-ups with some Muslims who are involved in commercial surrogacy, in addition to some judges, imams of mosques and members of the Islamic Committee in Bangkok. The researchers divided the research into two main components. They began with highlighting the definition of surrogacy and the basic concepts related to it, then they touched upon its causes, harms, and solutions in the light of Islamic jurisprudence and field study. Among the most prominent findings of this research is that the Muslims of Bangkok are a minority in a society governed by Buddhist authorities, which led to their lack of knowledge of the Sharīʽah rulings, especially the rulings of contemporary issues related to the Muslim family. The researchers expect from the Muslims of Bangkok to correct their understanding of the issue of surrogacy according to Islamic jurisprudence, and to apply it correctly, avoiding the negative effects of disrupting the family in its construction and stability in accordance with the Sharīʽah objectives in preserving the family
Issuing a Secondary Currency by Islamic Banks and its Impact on the Execution of Interest-free Loans: A Case Study of Buy and Sell Model: إصدار نقود ثانوية للمصارف الإسلامية وأثره على تنفيذ القروض الحسنة: البيع والشراء أنموذجًا
No full textThe problem of usury in loans will not be solved as long as a single currency is used in the payment and repayment of the loan. Therefore, this research aims to propose a new system that complies with Sharīʽah standards in dealing with financial contracts for loans. The research uses the deductive and historical approaches to discuss the problem. The research concluded that it is necessary to issue a secondary currency by the Islamic banks as an alternative legitimate solution to treat usurious transactions, with the aim of dealing with it in the loan contract in particular and some aspects of other financial contracts in general, as long as this currency can be exchanged among people, used for valuation of things, and storage of value. This research proposed a new loan repayment mechanism based on the buy and sell model, in which the bank can lend the debtor in a special currency, which the debtor can then sell and be paid in the local official currency. The debtor can then spend the loan as per his/her interest. When the loan is due for repayment, the debtor can buy the special currency from the bank using the official currency and repay the loan with the same special currency. The difference or increase (i.e. profit) that enters into the bank - when the customer purchases the secondary currency with the government currency - will be a part of the capital that comes to the bank through sale or purchase
Green Ṣukūk and Their Applicability in Nigeria: An Exploratory Maqāṣidic Study: الصكوك الخضراء وإمكانية تطبيقاتها في نيجيريا: دراسة استكشافية مقاصدية
No full textThis research aims to explore the applicability of green ṣukūk in Nigeria. Green ṣukūk is a modern financial instrument, which refers to an investment certificate issued for the protection of environment, climate, plants, water, and air from pollution. This (definition of green ṣukūk) clearly indicates its significance in the realization of Maqāṣid Al-Sharī’ah (objectives of Sharīʽah) in providing benefits (maṣlaḥah) or blocking harm (mafsadah) or both. Thus, it is one of the new jurisprudential issues worthy of conducting research on, particularly because the researchers, to the best of their knowledge, have not found any academic research on green ṣukūk in Nigeria. This may be because of lack of any experience of its issuance. All these motivated the researchers for conducting this research. Also, the researchers believe that the projects that will be accomplished by issuing these green ṣukūks will lead to solving the problems of poverty, unemployment and hunger through participation in achieving food security, providing job opportunities, and creation of all forms of agro-infrastructures, thereby, achieving sustainable development in the light of Maqāṣid Al-Sharīʽah. The paper adopts exploratory and inductive methods. The first method explores the situation of Nigerian financial and economic system and its dire need for green sukuk, and the potential of its application, while the inductive method ensures linking the research with the framework of the Objectives of Sharīʽah and their principles. The findings of this research show that there are huge potentials and relevance of green ṣukūk in the Nigerian context which realizes the Maqāṣid Al-Sharīʽah in the Nigerian Islamic financial system. Likewise, it prevents environmental pollution and alleviates poverty, hunger, and unemployment. Therefore, the paper recommends the issuance of green ṣukūk in Nigeria by establishing its operational framework, and setting legal, regulatory and policy guidelines while taking into consideration the likely challenges for that
Separation Due to Harm Between Spouses in Afghan Law: A Juristic Analytical Study: التفريق بين الزوجين بسبب الضرر في القانون الأفغاني: دراسة فقهية تحليلية
No full textThe article includes the issue of separation due to harm between spouses in Afghan law. It aims to illustrate the harms that cause separation between spouses. There are many types of modern harms that we hear and see in the courts of Badakhshan, a province of Afghanistan which are reasons of the separation between spouses, and they have a significant impact on the marital relationship. Therefore, it is important to investigate what is the position of Islamic jurisprudence and Afghan law regarding this issue, and what judicial procedures should be followed when the dispute occurs between the spouses? The study relies on the inductive approach, by tracking and extrapolating the juristic sources and the opinions of jurists, in addition to the Afghan law; and the analytical approach, by interpreting legal information related to harms, clarifying the civil law, and explaining the Islamic rulings related to the subject. The study reaches to several results, the most important of them are the Afghan law neither specified a clear definition for the concept of harm and its conditions, nor explained its guiding principles, rather it left those aspects to the court’s discretion and judgment of the cases of harms and harmful deeds. Likewise, some people see defects as one of the causes of separation (due to harm(, and others think that one of the reasons of separation is (husband’s) absence and non-payment of living expenses (of his wife). Therefore, the researchers propose the revision of the legal articles, especially the articles related to separation due to harm
The Rulings of Guardianship and the Objective of Natural Instinct (Fiṭrah): An Evaluative Study in Light of the Changes and Challenges of Contemporary Reality: أحكام القوامة ومقصد الفطرة: دراسة تقويمية في ظل متغيرات الواقع المعاصر وتحدياته
No full textThe Islamic Sharīʽah laid down its rulings related to the actions of a mukallaf (a legally responsible person) on the basis of considering the natural instinct (fiṭrah) upon which people are created, so that it will lead to realize the objectives of Sharīʽah in protecting maṣlaḥah (public interest) of the people and removing mafāsid (evil) from them in this world and the hereafter. Islamic Sharīʽah gives special attention to the family because of its importance in building the society. Therefore, the rules related to the family are laid down precisely and comprehensively based on considering the instinct (fiṭrah) and natural disposition upon which both men and women are created. The problem of the study lies in what is witnessed in contemporary reality in terms of important changes under which voices are raised in the name of modernity (ḥadāthah). Using this new term, modernists try to interpret the texts (of the Qur’ān and Sunnah) with special mechanisms and methods foreign (to Islamic scholarship) in terms of its origin, purposes, and contents. Additionally, there are advocates of equality (between men and women), such as the followers of the feminist movement who aim to destroy the foundations of the family. They call for the abolition of the guardianship of men over women, in violation of a legal ruling established in the texts of the Qur’ān and Sunnah. The detailed rulings regarding this guardianship explain its causes, conditions and impediments that nullify it. Through its sections, this study shows that the family rulings were built based on human instinct in order to realize the objectives of their legislation. The roles and responsibilities are distributed between the man and woman according to what suits each of them, and the role of guardianship is entrusted to the husband based on innate elements in his psychological and physical formation that qualify him to assume this responsibility, which is to take care of the family financially and morally alike. This guardianship has causes, legal conditions to establish it, and impediments that nullify it. This research is based on the methods of induction, analysis, and description. It concluded with several conclusions and recommendations, including that the guardianship is an obligatory duty of a man towards his wife in order to realize its objectives that are based on instinct (fiṭrah). Likewise, this guardianship leads to preserving the status and prestige of women, and to honor men by making them vicegerents on the earth