There are two main fatwa institutions in Malaysia which discuss the problems faced by the Muslim community. These institutions are the state fatwa institutions, which exist in every state and the national fatwa council, which issues a ruling on the national level. The existence of these institutions with independent legislative jurisdiction has led to disagreements and conflicts in Malaysian fatawa issues. One of the conflicting issues is the ruling on the permissibility of the interfaith marriage between Muslims and the People of the Book. It is very significant to examine this issue in light of the principle of consideration of the consequences (i?tibar al-ma?alat) in order to investigate whether the permissibility of this marriage in the context of Malaysia will bring ma?la?ah, or the common good to the society. Therefore, this paper explores the opinions of Muslim scholars related to this issue in light of their consequences which will determine the appropriate ruling in the context of Malaysia. Analytical and comparative methodologies are employed to elaborate on the perspectives of scholars and the fatawa pertaining to this issue. This study demonstrates that even though the general ruling for marrying the women from the People of the Book is permissible, the permission will bring great harm to the Islamic familial system. Thus, the researcher concurs with the fatwa that prohibits marrying the women from the People of the Book based on the principle of consideration of the consequences.

The research strives to answer the questions: is it permissible for a third party to bear the increase on a loan in financing services; is the increase a forbidden usurious interest? The research clarifies the concept of increasing on a loan by a third party, the concept of usury, its types, and the reason for its prohibition. Then it touches on the opinions of scholars regarding the ruling on bearing the increase on a loan by a third party. It also touches on contemporary applications of increase on a loan by a third party in financing services, such as financing educational, medical, and tourism services. The research problem lies in the fact that many researches that deal with the subject of increase on a loan by a third party treat it as a loan, and apply the provisions of the loan to it, though it is not a pure loan, but rather a composite contract of several contracts mixed to form a new contract with its own characteristics and advantages. The research relies on the inductive approach to trace the opinions of scholars and uses the descriptive analytical approach to study and analyze those opinions, in order to arrive at the most correct opinion. One of the most important findings of the research is that what the financial intermediary obtains is not a usurious increase, but rather a permissible profit in exchange for entering a sale, lease, or brokerage contract with the supplier of goods or services. And in the event that what the financial intermediary obtains is considered to be an increase in exchange for a loan, the research suggests that this increase is permissible and not considered a usurious interest, because the one who bears this increase is a third party.

This research explores the trends in conceptualizing the matrimonial property in both statutory and Islamic laws in Uganda. Judges in both civil and Shariah courts have deliberated extensively on this concept, considering various socio-economic factors when determining what constitutes matrimonial property and the criteria for its distribution upon the dissolution of marriage. A qualitative study approach was employed to review both substantive and case laws, aiming to reveal the judges’ considerations regarding what constitutes matrimonial property and the basis for determining its distribution upon the dissolution of marriage. Data were collected through observation, in-depth study, and analysis of written materials reflecting the theoretical concepts used in this study. The study concludes that the concept of matrimonial property has developed gradually. Although secular and Islamic laws have taken different approaches to recognize it, both regimes acknowledge the woman’s contribution to matrimonial property. Consequently, they emphasize equity rather than equality in determining the shares upon the dissolution of marriage.

This research presents a preliminary study on qiyas (analogy) in the Ibadi School, focusing on the second century A. H. in which Abu ?Ubaydah Muslim bin Abi Karimah and his students were present. It has shown that the school paid early attention to analogy. Abu ?Ubaydah, al-Rabi?, and Ibn ?Abd al- ?Aziz used it to varying degrees, and the latter one comes in the forefront of those who used it abundantly. Abu ?Ubaydah initially expressed reservations, due to the absence of standardized values, and the fear of adopting whims as a hidden premise for analogy, especially if the matter was related to dima? (killing life) and furuj (private parts). However, the applied practices of what later became known to the u?uli scholars as the qiyas al-?illah wa al-dalalah (analogy of cause and indication) were evident in Abu ?Ubaydah’s masa?il (issues) and inspired in his later students. Ibn ?Abd al-?Aziz considered Abu ?Ubaydah as skilled and precise in his applications of analogy. This research traces these applications through the Mudawwanah (writings) of Abu Ghanim Al-Khurasani (d. 200 A. H.).

Endowment has a high status in Islam because of its importance in the life of Islamic societies due to the great services it provides in various fields. It enjoys flexibility in provisions, which enables it to keep pace with new developments, especially with the contemporary application of monetary products according to the needs of social groups. Hence the problem of research is rested in revealing the stagnation and decline that the waqf is witnessing in the Libyan environment. Another problem is to determine how much social groups of Libya need the activation of cash waqf, like the experiences of other countries of the Islamic world that have adopted the cash waqf in their institutions. The research follows the inductive approach for extrapolating the provisions and objectives of endowment, opinions of jurists regarding its issues, and contemporary methods of its application. It also uses the descriptive analytical method to collect and analyze opinions, identify the shortcomings and deficiencies, and provide appropriate solutions to them in accordance with the jurisprudential origins. The research concludes that the cash endowment is permissible, and that the Libyan environment is in need of the activation of cash endowment to address its stagnation, the weakness of its revenues, and the disruption and destruction of some of its properties. The research also suggests activating cash products that meet the needs of social groups and enable the renewal of Libyan endowments and thereof, transferring them from the dependence on the government’s expenses to the reliance on their own revenues and products.

Network marketing is a modern transaction that did not exist during the era of the Messenger of Allah, (pbuh). It is one of the company’s methods of selling its products, as it relies on customers who are at the same time promoters and marketers of the company’s products but are not employees of the company itself. Contemporary scholars differ regarding the ruling on network marketing into three opinions: saying that it is absolutely prohibited; saying that it is absolutely permissible; and saying that there are details in it. Since the network marketing is a modern endeavor (ijtihad), the scope for innovation in it is open, and its ruling may change from one case to another. The moderate of these opinions is the opinion that says that there are details in it. The company HNI is one of the companies widespread among Muslims in Indonesia, and it is based on the network marketing system to sell its products. This company claims that it uses the permissible network marketing system. This research is about analyzing the application of the network marketing system in this company and knowing the extent to which it complies with the conditions for its permissibility set by scholars. One of the goals of writing this research is to make members of the Islamic community understand the conditions of permissibility and prohibition when dealing with the network marketing system. This study uses the inductive, descriptive, and analytical methods, as well as the field study. The researchers concluded that this company implemented most of the conditions set by scholars, but they discovered some suspicions in this company, including the presence of an element of gambling, usury, and deception. Among the researchers’ recommendations: this company should cancel the fee requirement at the time of subscribing to it.

This research aims to shed light on the issue of divorce within the family framework by analysing the causes leading to divorce and clarifying its negative effects on the Muslim community in Yala Province. The study also seeks to review the solutions proposed by the Islamic Council in divorce cases, focusing on the jurisprudential and legal aspects of these solutions. The researchers developed a primary research tool using the inductive method to trace the opinions of jurists by gathering relevant information from their works. A field study was conducted involving interviews, visits, and follow-ups with the Shariah judge and members of the Islamic Council in Yala Province. Among the key findings, the researchers identified the main causes of the high divorce rate in Yala Province: negligence of the husbands obligations towards the wife, lack of fairness between wives, involvement in drug and alcohol abuse, and ignorance of proper Islamic family laws. The study emphasizes the need for cooperation between Islamic councils and all relevant parties to address family issues within the community, especially at the governmental level, to promote a peaceful society and resolve family problems in general.

This study aims to explore the potential utilization of zakah funds to meet certain developmental objectives of the state, thereby releasing its available financial resources for the purpose of reducing state indebtedness. The significance of this research lies in the fact that the indirect role that zakah can play in reducing the state’s debt burden has not received much attention. Thus, further analysis is needed in order to formulate a mechanism on how zakah can play an effective role in indirectly supporting the state in reducing its indebtedness. The study employs a descriptive analytical method to explain the reality of zakah and assess its use as an indirect tool in reducing the state’s debt burden, drawing on classical jurisprudential sources and contemporary economic studies. The findings indicate that the state cannot be classified among those who are incapable of settling their debts, as the eligible recipients in this category are individuals. However, the study suggests the possibility of including infrastructure projects and military spending under the categories of spending for the cause of Allah and on stranded travelers. This approach could alleviate the state’s burden in these areas and cause to relieve the financial resources from indebtedness.

Although the Compilation of Islamic Economic Law (KHES) is officially recognized and has become a legal code in Indonesia, its flexibility in adapting to the changing times is still being questioned. Al-Bazdawi (d. 482 AH), a scholar of the Hanafi School, offers the concept of taghyir, which is relevant for maintaining the flexibility of u?ul al-fiqh (principles of Islamic jurisprudence), including what is found in KHES. This research aims to understand the concept of taghyir according to al-Bazdawi’s u?ul al-fiqh, its relevance to the contract law in KHES, and the implementation of the taghyir concept in the context of Islamic economic law in Indonesia. This study is a theoretical legal research focused on doctrine and the qanun in KHES, using the methodology of u?ul al-fiqh. The primary sources are al-Bazdawi’s u?ul al-fiqh works, as well as KHES and several previous studies. Data is collected through document studies and analyzed prescriptively. The results of this study conclude that the concept of taghyir according to al-Bazdawi’s u?ul al-fiqh refers to the adaptation of u?ul al-fiqh to meet evolving social demands without compromising its fundamental principles. Its relevance to KHES is very strong, as KHES is a contemporary ijtihad that applies taghyir in modern Islamic economics, emphasizing legal reform, flexibility, ma?la?ah, adaptation to the times, and the use of ?urf and change in contracts. The implementation of taghyir al-Bazdawi in Islamic economic law in Indonesia includes: 1) developing modern Islamic financial products, such as fintech; 2) regulating various contracts while maintaining Shariah principles issued by the government; 3) and integrating approaches from various disciplines, such as economics, sociology, and law, to create comprehensive and effective solutions in the field of Islamic economics. These three aspects inherently involve efforts to apply conditions and exceptions as intended by taghyir al-Bazdawi.