The Principle of Good Choice of Means of Expression for Direct Fatwa: A Case Study of Issuing Direct Fatwa on the Distance between Worshipers in the Congregational Prayer | Author : Mohd Rashid Abdul Razak; Abdul Manan Ismail | Abstract | Full Text | Abstract :This research deals with the direct fatwa 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 mufti for issuing fatwas”, focusing on the direct fatwa issued by the Fatwa 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 fatwa) and linked them to the current Malaysian context. The researchers also analyse the direct fatwa from the Fatwa House in the state of Kedah in this regard, and they conclude that this direct fatwa complies with the principle mentioned above. |
| Social Integration of People with Sensory Disabilities: A Juristic Maqa?idic Study in Personal Status | Author : Salih Kadir al-Zanki; Amal Muhammad al-Arjani | Abstract | Full Text | Abstract :Considering 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 Shari?ah 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 Shari?ah 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 Shari?ah rulings for the people with disabilities with the objectives of Shari?ah. 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 Shari?ah 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. |
| Being Moderate in Consumption and its Effect on Investment, Production and Societal Development, in the Context of Islam | Author : Ali Sulaiman al-Jahdhami; Muhammad Amanullah | Abstract | Full Text | Abstract :The 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 zakah, 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. |
| Green ?ukuk and Their Applicability in Nigeria: An Exploratory Maqa?idic Study | Author : Bello Sani Yahuza; Akhtarzaite Abdul Aziz; Muhammad Amanullah | Abstract | Full Text | Abstract :This research aims to explore the applicability of green ?ukuk in Nigeria. Green ?ukuk 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 ?ukuk) clearly indicates its significance in the realization of Maqa?id Al-Shari’ah (objectives of Shari?ah) in providing benefits (ma?la?ah) 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 ?ukuk 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 ?ukuks 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 Maqa?id Al-Shari?ah. 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 Shari?ah and their principles. The findings of this research show that there are huge potentials and relevance of green ?ukuk in the Nigerian context which realizes the Maqa?id Al-Shari?ah 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 ?ukuk in Nigeria by establishing its operational framework, and setting legal, regulatory and policy guidelines while taking into consideration the likely challenges for that. |
| The Law of Will for Heirs in Malaysia: A Juristic Analytical Study | Author : Fatimah Karim; Abdul Bari Awang; Mohamad Sabri Zakaria | Abstract | Full Text | Abstract :The 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 Shi?ah Imamiah 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 muftis 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) fatwa concerning the law of will for heirs. |
| Secret Marriage Among Ethnic Somalians In Kenya: A Juristic Field Study | Author : Halima Hamdi Gure; Ghalia Bouhedda; Hossam el-Din Ibrahim el-Sayfi | Abstract | Full Text | Abstract :This 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 Shari?ah. 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 Shari?ah, established by the jurists based on the texts of the Holy Qur’an and Sunnah; and wherever, these conditions are missed, the marriage will not be considered as legally valid. |
| Separation Due to Harm Between Spouses in Afghan Law: A Juristic Analytical Study | Author : Abdul Basir Azizi; Abdul Basir Amat | Abstract | Full Text | Abstract :The 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. |
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