Imam’s (President’s) Influence in Removing the Disagreement over Disputed Issues |
Author : Safa Ahmed Nureldin |
Abstract | Full Text |
Abstract :This article deals with the issue of an imam’s removal of disagreement in matters of conflict, which are the Shari?ah issues on which scholars disputed in two or more opinions. The research problem is finding the limit of the imam’s dealing with the removal of disagreement; and whether the people are obligated to abide by his view in disputed issues; and explaining the nature of his dealing. This research follows the analytical, descriptive and comparative approaches through presenting the concepts and terms related to the research and limiting the subject of the dispute to practical issues that are disputed in acts of worship, transactions, or customs if they do not relate to specific ones. This study concludes that one of the reasons for the disagreement is the contradiction of some generalities. The same applies to the difference in the interpretation of the athar (tradiions) on the issue. Likewise, it concludes that the opinion of considering imam’s ruling as binding is preponderant and it removes the disagreement in issues of jurisprudential dispute, and that his dealing at that time is a matter of Shari?ah policy that requires the imam to act in the parish according to the legitimate interest. |
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Unreliable Issues in the Book of “Al-Fiqh al-Manhaji”: A Case Study of the Chapter on Prayer |
Author : Mohamad Firdaus Mohamad Sabari, Mohd Fuad Mohd Sawari |
Abstract | Full Text |
Abstract :The book "Al-Fiqh al-Manhaji ?Ala Madhhab al-?Imam al-Shafi?i" (Systematic Jurisprudence on the Islamic Legal School of Imam Al-Shafi?i) by Mu??afa al-Khin, Mu??afa al-Bugha and ‘Ali al-Sharbaji, is among the most famous books of contemporary Islamic jurisprudence in accordance with the Shafi?i school of law. Given the popularity of this book and its frequent circulation among Muslims, it is of great importance to study it. By reviewing its contents, teachers and readers of this book can be aware of unreliable opinions which may be unknown to them. The research aims to study this book by collecting the opinions that are not reliable in the madhhab, and for this article the research is limited to the chapter on prayer (?alah). The research focuses first on explaining the concept of the ‘reliable opinion’ for Shafi‘ites, and secondly on discussing these unreliable issues in the chapter of prayer in this book. In this study, the researchers used descriptive, inductive and analytical approaches. The search ended with finding seven places in the chapter on prayer where the authors mentioned statements that are not reliable in the Shafi?i School. |
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The Eligibility of a Bankrupt to Receive Zakah in Malaysia |
Author : Mohamad Hisyam Zameli, Mohd Afandi Awang Hamat |
Abstract | Full Text |
Abstract :Bankruptcy is one of the worst conditions that individuals may face. Islamic law has informed the rules of the debt and warned against leniency in payment of debt and urged its payment, and has prescribed several methods for its payment, including the share of al-Gharimin. The jurists have set the parameters and conditions for the entitlement of al-Gharimin for zakah. But the question remains about the issue of entitlement of a bankrupt to receive zakah because there is no discussion on it in the books of jurisprudence. Therefore, this research intends to clarify the eligibility of a bankrupt to receive zakah, especially from the al-Gharimin category. This research also intends to discover the ways in which the insolvency administration in Malaysia issues decisions on bankruptcy, and to search for the conditions for zakah eligibility in Lembaga Zakat Selangor (LZS). Through the inductive approach, the researchers collected information related to the subject, and then they worked on analyzing the information and data obtained. The researchers concluded a number of results, the most important of which are: al-Gharimun are Muslim debtors and deserve zakah to pay off their debts; the reasons for bankruptcy are among the most important factors for the eligibility of zakah; and if the bankrupt has a deferred debt, it makes him ineligible to receive zakah. |
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Madhhabi Fanaticism and Its Impact on Society: A Study in Light of Islamic Jurisprudence |
Author : Mohd Sutrisno Shamsuir, Mohd Afandi Awang Hamat |
Abstract | Full Text |
Abstract :This study aims to explore the phenomenon of madhhabi fanaticism and its impact on the Muslim society by employing two methods: inductive and analysis. The inductive approach is used for data collection and the analytical approach is used for studying the available data. This study explains the definition of "madhhabi fanaticism," its forms, causes, rules in Islamic jurisprudence, and practical examples of the real impact of "madhhabi fanaticism" on the ordinary people morality. This study has shown several results, and the most obvious results are: that madhhabi fanaticism causes many disputes and disunity among Muslims; indeed this situation gives ample opportunity for the enemies of Islam to distract and destroy the unity of Muslims. And, it is notable that "madhhabi fanaticism" is not only prohibited for ordinary people but for all classes of people because it is a form of rejection of the truth when there is a clear dalil that has been explained. Madhhabi fanaticism will jeopardize everyone whether he is a Muslim scholar or one of the ordinary people. But fanaticism of a scholar can be more harmful than the fanaticism of laymen because ordinary people may have learnt or heard a mistake from a scholar, but they are unlikely to learn and hear how to correct that mistake properly resulting in misunderstanding among them. At the end, the researchers recommend that all scholars should try to rectify this problem using their knowledge of Shari?ah and providing continuous advice, explanation of the truth and correction of mistakes with wisdom and discretion. And for the learners, they should equip themselves with knowledge and effort for seeking it, so that "madhhabi fanaticism" would go away from them; and also all parents and teachers are encouraged to collaborate in giving Islamic education to their children from an early age which would save them from this disease in the future. |
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The Matrimonial Property during Marriage Period in Malaysia: An Analytical Juristic Study |
Author : Siti Nur Hidayah Mohd Tahir, Abdul Bari Awang, Miszairi Sitiris |
Abstract | Full Text |
Abstract :This research aims to study the topic “Matrimonial Property during Marriage Period in Malaysia: An Analytical Juristic Study”. The process of acquiring property during the marriage period is closely related to the concept of wealth ownership, contribution and joint efforts of the spouses in obtaining the property. The research problem lies in the process of dividing the property earned during the marriage period and its relationship to the concept of “differences between spouses in household goods” or “spouses’ wealth” which were discussed by early Islamic scholars in their classical books. Therefore, this study attempts to illustrate the linguistic and terminological meanings of property and explains the legitimacy of ownership of property. The study points out evidences from the Shari?ah and views of jurists regarding spouses’ assets, discusses the takyif fiqhi of matrimonial property during the marriage period, and also the views of modern jurists on this issue. This study applied the inductive and analytical approaches. At the end, several findings were gleaned from the study. Some important findings are: early Islamic jurists discussed certain types of household belongings that are related to archaic household items, which were suitable for the reality at the time because modern household appliances did not exist at that time as they do today and they have divided the belongings based on the nature (tabi?ah) of their use, either by men or women. The matrimonial property in Malaysia is related to custom (?adah) practiced by the Malays based on the legal maxim: “Al-?Adah Mu?akkamah”(The custom is arbitrative) and it is not contradictory with the Shari?ah. |
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Corporate Governance In Islamic Financial Institutions |
Author : Abdulrahman Alnofli |
Abstract | Full Text |
Abstract :Sound corporate governance is important as it ensures that IFIs are operating within the principles of the Shari?ah in its overall activities and that it is performing its role in disclosing profits motivated by the need to maximize the interest of shareholders. The main objective of this article is to discuss the elements of corporate governance and to build a framework that conceptualises corporate governance from the Shari?ah perspective. The research has combined the descriptive and analytical methods. The study shows that the model of corporate governance within the premise of the Islamic economic system leans towards being stakeholders-centred as the governance structure in Islam safeguards all rights and interests of all stakeholders and shareholders. |
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The ?Urf of Hibah on Deposits: An Analysis in the Light of New Trends in Islamic Financial Industry in Malaysia |
Author : Muhammad Shahrul Ifwat Ishak, Nor Amni Bazilah Mohd Zain, Azmir Azri Ahmad |
Abstract | Full Text |
Abstract :This paper explores the role of ?urf (custom) in Islamic finance, particularly when it becomes fasid (invalid). While ?urf is among the Shari?ah sources in mu?amalat (commercial activities), some of the cases may need to be reviewed. Based on library research, the findings of this study reveal the roles of ?urf in Islamic finance as follows: (i) interpreting rulings on Shari?ah texts; (ii) establishing rulings in areas that have not been clarified by Shari?ah; and (iii) reconsidering the change of financial practices. As for the case of hibah, it is known that BNM has issued a special regulation to reconsider the practice of hibah in wadi?ah among Islamic banks to avoid the element of ?urf fasid on that matter. This approach has been followed by Tabung Haji by replacing its wadi?ah with wakalah. While this study may be considered as a conceptual paper, it still provides an analysis on the real practice of hibah on Islamic deposit in Malaysia. |
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