International Journal of Fiqh and Usul al-Fiqh Studies
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Islamic Endowment: Study of Its Pillars and Methods of Dealing
Sayuti Abdul Manas, Ismail Abdullah
Anybody who studies on the conditions of waqf (endowment) in the Islamic world will discover various views in dealing with it. In order to fulfil the ultimate purposes behind waqf and to meet the needs of people, some restrict its function solely on real estate; neglecting many other aspects of waqf, which eventually leads to deprivation of its benefits. On the other hand, some expand its function through several means; yet those means are merely based on experiment and not immune from risks. Another view shows hesitation to maintain any of these views. The aim of this study is to highlight the pillars of waqf and ways of dealing with it as to enable real growth, development and investment of waqf in accordance with the Shari'ah. Thus, the civilizational advancement of the ummah would be achieved by fulfilling the needs of the people and helping them through waqf. The two researchers will rely on the analytical descriptive approach in their work. They will use the descriptive approach in determining the meaning of waqf and its legitimacy, and the analytical method in defining its structure and methods of dealing. It is understood that there are four pillars of waqf; namely, the one who endows, the endowment, the one who is entitled for endowment, and statements related to endowment. It is incumbent to note that conditions for each pillar should be fulfilled to achieve the purposes of endowment. Besides, it is possible to deduce the types of waqf based on the pillars through multiple considerations. With regards to the precise understanding of waqf, it could be inferred as familial endowment (al-waqf al-ahlī), and public endowment. While with regards to the property of endowment (al-mal al-mawqūf), it is understood as real estate, transferable endowment, and currency endowment. At the same time, the most effective way in dealing with waqf could be managed in three aspects; al-tasyīr, al-istismār, and al-istibdāl.
Islamic Investment Sukuk Between Malaysia and Egypt: A Juristic Comparative Study
Abu Baker Tawfeeq, Hossam elDin elSayfi
In this research, the researchers attempt to illustrate the linguistic and terminological meanings of Sukuk. They also want to point out their importance in financing major projects. Additionally, they try to recall the role of Islamic Sukuk in the contemporary world. This role will be shown by comparing between Sukuk in Malaysia and Egypt. This research will determine the historical stages through which the project of Sukuk in the Arab Republic of Egypt has passed. It will also explain Al-Azhar's response to the Sukuk project in the past, and show that currently, Islamic Sukuk is the only ideal mechanism for large projects in Egypt. A study will be conducted on the full text of the remarks made by the Supreme Council of Scholars in Al-Azhar on the Islamic Sukuk law. As for the research methodology, the researchers will follow two basic methods in this study: first, the inductive method to extract the related information from the sources; second, analytical method to analyze those information and compare between the two countries Malaysia and Egypt.
Ibn Rushd’s Method of Presenting Jurisprudential Views Through His Book Bidāyat Al-Mujtahid Wa Nihāyat Al-Muqtaṣid
This research aims to explain Ibn Rushd’s method of presenting jurisprudential issues and opinions of jurists on them. He applied a distiguished method which is very unlikely to be found in other books of Islamic jurisprudence. The researcher applies the inductive method, and does not mention all of those issues; rather, after inducting the book, he mentions some examples of them. Ibn Rushd applied the method of mentioning the causes of difference in opinions. This is because jurists differed on some uṣulī and fiqhī principles that caused them to have different opinions on the derived ruling which was based on their differences on those principles. The researcher has found that Ibn Rushd sometimes gives preference to an opinion after rmentioning all the related opinions, but he refrains from doing so for some issues in which the proofs are equal.
Umar’s Caliphate: An Optimal Model of Good Government Throughout Islamic History
Hakim Ibrahim Abdul Jabbar alShamiri
The Muslim ummah lived their golden era during ʻUmar’s Caliphate because it achieved security, stability, justice and equality. Caliph ʻUmar bin al-Khaṭṭāb was distinguished by characteristics that are rarely found in any ruler throughout human history. He was known by his clarity and transparency with the people. He was known by his honesty, fairness, humility, and mingling with his subjects. This research aims to highlight the standards that played a prominent role in building a good government during ʻUmar’s caliphate. These standards can be considered as the optimal model in achieving justice, security, stability, improved economic conditions and elimination of terrorism in contemporary Muslim countries. Additionally, this research highlights the false claim that ʻUmar’s Caliphate is not commensurate with the modern era and that it is not possible for Muslims to pursue ʻUmar’s methodology in leading the Muslim ummah and developing it according to the requirements of this era. Using the inductive methodology, the researcher will explore the history books which are considered to be the sources of credibility and objectivity. He then will analyze the related information to deduce the important standards that contributed to building a good government in ʻUmar’s caliphate, which can be considered as an optimal model of government for the present Muslim ummah.
The Application of Maqāṣid al-Sharī‘ah: Wasaṭiyyah as a Significant Aspect in the Banker-Customer Relationship in Malaysian Islamic Banks
Noor Mahinar Abu Bakar, Norhashimah Mohd Yasin
The banker-customer relationship is a contractual relationship based on the contract between Islamic banks and its customers. Islamic banks use standardized contracts and offer them on a ‘take it or leave it’ basis where the terms cannot be negotiated, subsequently creating the potential for Islamic banks with the economic strength to exploit the contracts. The main purpose of this study is to examine the terms and conditions that may result in significant imbalance between rights and obligations in the banker-customer relationship, which detriments banking consumers. Findings in this study reveal that there exists unequal bargaining power whereby the customer wields the weaker bargaining power. Using the content analysis method, this study analyses the application of Maqāṣid al-Sharī‘ah through the maxim of wasaṭiyyah in the banker-customer relationship to reshape good self-governance and propose improved legal documentation towards a just transaction. The strength of the banker-customer relationship will determine the future success of the Malaysian banking industry.
Maqāṣid al-Sharīʿah and the Online Banking System: Implications for Service Delivery
Nabil Bello, Must. Fahinur Haque, Adewale Abideen Adeyemi, Aznan Hasan
One of the Sharīʿah’s requirements in conducting transactions is realising the Maqāṣid al-Sharīʿah. The Modern online banking system is very common to everyone, so it is considered as al-ʿUrf or al-ʿādah (common practice or custom) under the Sharīʿah. However, its practice is surrounded with security concerns, ease of use, and trust and cost implications that need observance of some Sharīʿah rulings. This qualitative analytic study uses the framework for the Maqāṣid al-Sharīʿah to explicate the ideal practice of online banking in service delivery to realize the Maqāṣid al-Sharīʿah. While Islam places more attention on the essential needs, online banking should as well be intended to provide essential services to customers and remove hardship in financial transactions. Banks should hence desist from causing any harm through the charging of hidden fees, causing more confusion to their clients, and even devising deceptive means that lead to the charging of ribā. Instead, banks should use online services to introduce means that promote the realization of the Maqāṣid al-Sharīʿah. This paper stresses the importance of financial technology in realising the Maqāṣid al-Sharīʿah.