International Journal of Fiqh and Usul al-Fiqh Studies (IJFUS) <p><em>An International Journal of Fiqh and Usul al-Fiqh Studies</em> (IJFUS) is a peer-reviewed bilingual (Arabic and English) scholarly online&nbsp; journal, published biannually in June and December by the Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia.</p> <p>IJFUS publishes original research articles on various topics related to <em>Fiqh</em> and <em>Usul</em> <em>al-Fiqh</em>. It seeks to enrich the discussions on<em> Fiqh</em> and its <em>Usul</em> by serving as a platform for fresh perspectives and insightful analyses on a wide range of jurisprudential issues.</p> IIUM Press, International Islamic University Malaysia en-US International Journal of Fiqh and Usul al-Fiqh Studies (IJFUS) 2600-8408 Front Pages Journal Editor ##submission.copyrightStatement## 2018-06-30 2018-06-30 2 1 1 4 Party and Regional Affiliations in Increasing the Phenomenon of Divorce in Zanzibar: A Maqasidic Study <p>This study deals with the impact of party affiliation on the rise of the phenomenon of divorce in Zanzibar. It also provides a historical overview of the entry of Islam, its economy and history of political parties before and after independence of the country. Pointing to the high rate of divorce in Zanzibar, this study identifies major reasons behind it, which include affiliation to various political parties, discrimination based on the variances of islands, ignorance about religious teachings, inefficient knowledge about the purposes of familial relationships, regional chauvinism and political party racism. The statement of the problem in this research is that in contrast to rest of countries, the high rate of divorce phenomenon in Zanzibar is repercussion of the affiliation to various political parties and belonging to different islands. Likewise, this study digs out the motives of this problem which causes the disintegration of families and its solutions in light of maqāṣid al-Sharīʿah. This research contains three chapters. The first chapter analyses the history of advent of Islam and political parties to Zanzibar; second chapter deliberates on consequence of political affiliation in the rise of divorce rate in Zanzibar and third chapter discusses the role of maqāṣid al-Sharīʿah in reducing the occurrence of divorce because of party and regional affiliations.</p> <p style="text-align: left;"><strong>Keywords: Affiliation, Party, Regional, Divorce, Maqāṣid al-Sharīʿah</strong></p> Bilal Jum'ah Ramadhan Arif Ali Arif Hossam elDin ElSayfi ##submission.copyrightStatement## 2018-06-30 2018-06-30 2 1 5 18 Gender Equality; Its Concept, Intellectual Deviation in It and Its Negative Effects: A Case Study of Inheritance and Blood Money <p>This research paper treats a problem whose news has often been widespread. The criterion of equality between male and female in the direction of the religious ruling and control of its various interactions between the genders is an issue that occasionally reappears on the scene. Hence, it is necessary to examine the legislative aspect of the dividing line between the genders and understand its legislative merits as well as the premises on which it is confirmed in terms of legislative wisdom and religious ruling. The research methodology is based on drawing the first roadmap in relation to illustration of terms and their meanings, proceeding thereby to clarifying the obscurities unexpectedly occurring to the subject, without ignoring the philosophy of legislation in the case of variation of provisions between the genders. This is done with reference to the Legislator’s rulings, i.e. by adhering to the letter and spirit of the two broad sources: the Holy Qur’an and the immaculate Sunnah, and exploring the effects of the omission of the legislative aspects and their methodological implications, particularly in the negative case rather than in the affirmative. The study has concluded that the intellectual orientation of the Ummah has to be addressed before presenting the legal ruling, whether in its media or in the fields of science and knowledge. The study has also stressed the need to address the current educational curricula in the currently existing educational institutions as well as the research and study arenas.</p> <p style="text-align: left;"><strong>Keywords: Equality, Intellectual Deviation, Negative Effects, Inheritance, Blood Money</strong></p> Ahmad Salim alKharousi ##submission.copyrightStatement## 2018-06-30 2018-06-30 2 1 19 33 Reasons and Claims of Abrogation and Their Impact on Shari`ah Rulings: An Applied Study <p>This research aims to highlight the importance of the abrogator and abrogated, reasons and claims surround them, their effects on the rulings of <em>Shar</em><em>i'</em><em>ah</em>, the relationship between them and the jurisprudential issues and knowledge of the condition of permissibility of abrogation and its pillars. They are very important science to know halal and haram, especially for the <em>mujtahid</em> who is diligent in the <em>Shar</em><em>i'</em><em>ah</em> rulings. It is not permissible for anyone to issue a <em>fatw</em><em>a</em> for an issue of the <em>Shar</em><em>i'</em><em>ah</em> until he knows its position with the abrogator and abrogated. This knowledge is considered to be a condition of an Islamic jurist, and a scale on which a <em>muft</em><em>i</em> should focus at the time of his search for knowing halal and haram. Neither a scholar nor a student should give up its knowledge. The researcher faces problems in the claims that accompany them, in disagreement of scholars on their existence, and the ways through which they are identified. The researcher has found that the abrogator and abrogated have a great impact on the jurisprudential issues; and claims and reasons surround them can be identified by the applications of some jurisprudential issues related to <em>Shar</em><em>i'</em><em>ah`</em> rulings.</p> <p><strong>Keywords: Abrogator, Abrogated, Reasons, Claims, Rules</strong></p> Hakim Ibrahim Abdul Jabbar alShamiri ##submission.copyrightStatement## 2018-06-30 2018-06-30 2 1 34 51 Taking Salary for Salah and Imamate Its Ruling and Regulations: A Case Study of Malaysia <p>The purpose of this research is to study the regulations that the <em>fuqah</em><em>a´</em> have dealt with on permissibility to take the salary for pure acts of worship and others, considering the transfer of its usefulness or not in prayer and imamate. This will be done by answering two main questions: what goes into the realm of pure acts of worship and what does not?; and to what extent transferring of its usefulness or not is considered for permissibility to take the salary for them? The research has followed the descriptive and analytical methods. It has also followed applied approach to what is happening today in Malaysia as a model. The researcher has reached a number of conclusions concerning the validity of taking the salary on the imamate not prayer itself. The regulations determined by the jurists are applicable to the imamate not prayer itself. The applications carried out in the Malaysian state about taking salary on the imamate are sound because its conditions and regulations are fulfilled, which led to consider the state of Malaysia as a country that takes care of the affairs of the Islamic religion despite the challenges faced both inside and outside.</p> <p><strong>Keywords: Salary, Regulations, Imamate, Model, Transfer</strong></p> Abdul Manan Ismail Muhd Rashid Abdul Razzaq ##submission.copyrightStatement## 2018-06-30 2018-06-30 2 1 52 68 Guarantees of Management of the Investigating Judge in the Kingdom of Saudi Arabia and Their Impact on His Independence in the Light of Islamic Law and International Treaties <p>The judiciary is regarded as the primary protector of the rights and freedoms of individuals from any abuse or tyranny; and its independence protects it form any intervention and influence. Likewise, a number of guarantees are needed to ensure the protection of judiciary among which are guarantees for the management of investigating judge. Therefore, this research aims at revealing the relationship between the management of the investigating judge in the Saudi law, his independence and the security that the independence of his management requires. The problem statement of this research is reflected in the extent to which Saudi law ensures the guarantees that are required for independence of the investigating judge in his way of administration. The importance of the paper lies in the assessment of these guarantees, the extent of their agreement with Islamic law and international treaties, and bridging gaps between them. Considering the nature of the study, the researcher adopts the descriptive, analytical and comparative approaches. The results of the study show the existence of some problems and gaps in the guarantees for independence of the investigating judge related to his management. The researcher recommends some amendments to this law to ensure the guarantee for his independence, which have been proposed in the end of the findings.</p> <p><strong>Keywords: Guarantees, Management, Investigating Judge, Independence of Judiciary, Saudi Law, International Treaties</strong></p> Yasir Salim alQurashi Muhammad Ibrahim elNajashi ##submission.copyrightStatement## 2018-06-30 2018-06-30 2 1 69 82 Appropriate Usuli Sources in Building the Jurisprudence of Muslim Minorities <p>This research paper aims to study the most important <em>usuli </em>sources that are appropriate to use in the area of the jurisprudence of Muslim minorities with a clarification of their legal proves, arrangement and applications. It also reveals the <em>usuli </em>sources that are not used in this particular kind of jurisprudence, whether they are used in the general Islamic jurisprudence or not. The researcher uses the inductive and analytical methods. &nbsp;The most important result that he has reached is that the "custom" is one of the most important <em>usuli</em> sources on which the jurisprudence of Muslim minorities should be built, and this source comes before the "<em>qiyas</em>" (analogical reasoning) and the "<em>istihsan</em>".</p> <p><strong>Keywords: <em>Usuli</em> Sources, Jurisprudence of Muslim Minorities, the Holy Qur’an, Prophetic <em>Sunnah</em>, Custom, Jurisprudential Applications</strong></p> Halim Merzouqi ##submission.copyrightStatement## 2018-06-30 2018-06-30 2 1 83 101 Consideration of Custom (ʿUrf) by the Izalah Organization in Gombe, Nigeria: A Critical Examination <p style="text-align: justify;">‘Urf in the Sharīʿah serves as an essential tool for dealing with mu‘ᾱmalāt aspects of Muslim life. The ‘urf rulings stipulated by the scholars determine its acceptability or otherwise. A certain ‘urf serves as a legal principle to conduct a transaction in social interaction. However, Jamᾱ’atu Izalatil bid’a wa Iqᾱmatis Sunnah (The Society for the Removal of Innovation and Establishment of the Sunnah) uses the term bid‘ah indiscriminately to include some customary practices in mu‘ᾱmalāt. This leads to a different perception of how people understand the word and its application, which gives a different dimension of interpretation on the Sharīʿah allowance of ‘urf usage. Thus, depicting ʿurf as bid‘ah complicates the ability to verify the crux of bid‘ah in matters pertaining to ‘ibᾱdah and mu‘āmalāt in their respective domains. The results of the qualitative research conducted in Gombe metropolis show the people’s understanding and utilization of the words to be synonymous. This is a result of the Izalah organization’s application of the two words (bidʿah and ʿurf) in dealing with mu‘āmalāt as well as ʿibᾱdah. Muslims misunderstood the utilization of these terms and therefore misapply some practical Sunnah in marriage celebrations, for example, as bidʿah. Therefore, there is need for the organization to educate Muslims on the validity of customary practices that do not contravene the teachings of Islam.</p> <p style="text-align: justify;"><strong>Keywords:</strong> <strong><em>‘Urf, Bid‘ah</em>, Rulings, Interaction, <em>Izalah</em></strong></p> Aishatu Abubakar Kumo Sayed Sikandar Shah Luqman Zakariyah ##submission.copyrightStatement## 2018-06-30 2018-06-30 2 1 102 118 The Enforceability of Wa‘d Mulzim (Binding Promise) from a Fiqh Perspective: A Critical Analysis of Wa‘d Application in Sukūk Contracts <p style="text-align: justify;">Wa‘d (promise) is a concept that is frequently applied in various Islamic financial products.&nbsp; Although this concept has been used widely in Islamic financial products, as a result of the arising Sharī‘ah issues, wa‘d especially wa‘d mulzim (binding promise) in some contemporary practices towards contracts of Islamic financial products, remains a debatable practice among some Sharī‘ah scholars. This research aims to analyse some Sharī‘ah issues pertaining to the application of the wa‘d mulzim in the Islamic finance industry, especially the issue of wa‘d mulzim in sukūk contracts, particularly in partnership-based contracts which are sukūk muḍārabah, and sukūk mushārakah concepts. Two aspects are particularly emphasized. First, wa‘d can be binding in certain conditions, but to legally enforce this concept, there remain disputes and controversial discussions among scholars. Second, this study also discusses the issues of “promise to buy” or “promise to sell” (the asset) at a certain “price” i.e. the price at the same nominal value at which the bond was issued. Hence, this research will try to analyse the opinions of the scholars, certain related fatwas, Sharī‘ah resolutions and guidelines to understand the applicability of the binding promise towards Islamic financial products and ensure that the application of the binding promise is in line with the Sharī‘ah requirements.</p> <p style="text-align: justify;"><strong>Keywords: Wa‘d, Sukūk, Muḍārabah, Mushārakah, Fiqh</strong></p> Mohd Fuad Md. Sawari Nik Azizu Nik Abdullah Mustafa Mat Jubri Shamsuddin Akhtarzaite Abd. Aziz ##submission.copyrightStatement## 2018-06-30 2018-06-30 2 1 119 131