International Journal of Fiqh and Usul al-Fiqh Studies

Major Familial Challenges in Malaysia: Empirical Findings and Fiqh-Based Solutions

2025-08-12T14:35:45+08:00

Muslim families in Malaysia face growing challenges stemming from modernization, digital disruption, economic pressures, and secular influences. These shifts have contributed to increasing marital conflict, parental neglect, intergenerational tensions, and erosion of religious values. While public discourse often emphasizes psychological and ethical reform, there remains an urgent need for concrete juristic responses rooted in the Islamic legal tradition. This study integrates classical fiqh rulings with empirical findings from a field survey involving 67 IIUM staff, who assessed key family-related challenges and the relevance of principles such as wasaṭiyyah and Islamicization of the Self. Framed within the objectives of Islamic law (maqāṣid al-Sharīʿah), the analysis highlights how Islamic jurisprudence provides structured legal tools—such as faskh, ḥaḍānah, ṣulḥ, and taʿzīr—to preserve dignity, ensure justice, and restore family harmony. The study affirms that fiqh, when guided by moderation and ethical awareness, remains an adaptable and authoritative framework for addressing contemporary familial disruptions.

Qiyās on Rukhṣah and Its Impact on Solving Contemporary Muʿāmalāt Issues: A Jurisprudential Analysis

2025-08-12T14:35:56+08:00

Qiyās is one of the acceptable adillah (proofs) in Islam for deriving Sharīʿah rules. According to the view of Imām al-Shāfiʿī and other Uṣuliyyūn (Uṣūlī scholars), qiyās can be applied in all areas of Islamic law including rukhṣah matters, especially in muʿāmalāt and Islamic finance, as long as the ʽillah in the laws is found. Although the topic of qiyās on rukhṣah is very important as it explains the process of qiyās and its scope and limitations, this topic has yet to be sufficiently discussed by researchers. Therefore, this study attempts to examine this topic and its role in istidlāl/deduction of law process, especially in the muʿāmalāt and Islamic finance area. The study is based entirely on library research. It finds that qiyās on rukṣah plays an important role in deriving new Sharīʿah rules based on the existing cases from the Qurʾān and Sunnah. For qiyās on rukhṣah in muʿāmalāt and Islamic finance matters, the study finds that it is very important to consider urgent needs and difficulties, especially in the current economic situation. This is because rukhṣah is a form of relaxation due to constraints and difficulties in the execution and implementation of a Sharīʿah law, and in the current economic context, where there are many constraints arising because of the dominating conventional monetary system, qiyās on rukhṣah is indispensable. Among the most important research findings are the permissibility of baiʽ al-ʽarāyā in selling raisin with grape, the right of withdrawing hibah assets being extended to other than fathers, the acquisition of shares of companies involved in the production of medicine made from excretory/najis elements, and the permissibility of holding Sharīʿah non-compliant shares in loss situations and others.

Murābaḥah Financing in Al-Noor Islamic Window of Bank of Ceylon and Its Scope of Ability to Respond Sri Lankan Muslim Minority Needs: A Juristic Study in Light of Maqāṣid al-Sharīʿah

2025-08-12T14:36:01+08:00

This research paper explores the Murabahah product offered by Al-Noor Islamic window at the Bank of Ceylon in Sri Lanka. The phenomenon of Islamic windows within conventional banks, which is rooted in interest-based (usurious) systems, presents a new challenge to contemporary Islamic banking frameworks. However, the Islamic window faces several challenges, particularly because it operates within a traditional, usurious banking structure. These issues need to be carefully examined and addressed, with a focus on the jurisprudential concerns that arise, which require solutions that align with the context of the Sri Lankan Muslim minority. This is because the capital acquired to establish the Islamic window and the scope of autonomy of its activities and banking products, such as Murābaḥah, necessitate jurisprudential adaptation from the perspective of Maqāṣid al-Sharīʿah. From this standpoint, this study examines the application of Murābaḥah financing at Al-Noor Islamic Window of the Bank of Ceylon, considering it as one of its products in light of Maqāṣid al-Sharīʿah. This study employs an inductive approach to gather and review relevant materials, along with an analytical and comparative approach for explanation, conclusions, and discussions. The findings suggest that, while the Murābaḥah product in Al-Noor window operates with some degree of independence, it still requires further development and should be evaluated in the context of banking windows in other countries. This would help to ensure the alignment of jurisprudential solutions with local contexts. Likewise, raising the awareness of Islamic banking is essential for promoting the national economy, safeguarding and developing financial assets, and thus changing the narrow perceptions of the non-Muslim majority toward Islamic finance.

The Jurisprudence of the Prohibition and Permission of Coffee and its Social Phenomenon

2025-08-12T14:35:59+08:00

The history of coffee consumption and the spread of coffee beans were the target of many studies. However, few of them addressed the phenomenon as an integrated social phenomenon. At the beginning of the sixteenth century, coffee entered the corridors of jurists and was the subject of great controversy regarding prohibition and permissibility. Nonetheless, there are only a few studies on how jurists dealt with this new beverage and the social phenomenon that arose from it. This paper employs the inductive method in tracing the early history of coffee to analyse its elements. Furthermore, it uses the analytical method to understand how it transformed from a special drink of certain Sufi sects, initially popularized as an intoxicant, to an elite drink and then a social drink that spread among all segments of society before becoming a social phenomenon. The paper also takes into account the historical approach in tracing attempts to ban coffee or close its establishments from the beginning of the 16th century onwards in Makkah, Cairo, and the rest of the Islamic world, and the beginnings of jurists' engagement with coffee as a beverage and a social phenomenon until the end of the 18th century. The paper continues by comparing the jurisprudential reasons used by jurists in determining its legal ruling, as well as the social phenomena associated with it over three centuries. The paper concludes with the flexibility and diversity of legislative tools used by scholars, including the experimental approach and what some call it as "community jurisprudence" in the present time, and the relationship of this to the place and time in which it occurred. The work concluded that coffee took more than two centuries to evolve into a multifaceted social phenomenon that varied in time, place, and customs. During this period, numerous fatwas were issued, prohibiting or permitting it. The jurisprudential causes for prohibition varied between prohibited in itself, for others, or as a blocking means (dharāʾiʿ-pretexts). The paper also denies that the old meaning of the word coffee, “wine,” has anything to do with the naming of the new beverage made from coffee beans, nor does it have anything to do with the reasons of prohibition.

The Strategic Role of the Islamic Gold Dinar in Countering the Dominance of the US Dollar: Challenges and Practices

2025-08-12T14:35:53+08:00

People are fed up with the continued dominance of the US Dollar and its control over local currencies in Islamic countries and other countries aspiring to independence from Western dependence. Muslims are looking forward to monetary independence that prevents usury and ensures fair development, by returning to the currencies that Muslims used to achieve their ancient renaissance, in accordance with the guidance of the Prophet: "You are more knowledgeable about your worldly affairs" (Muslim). The research aims to explore the strategy of the Islamic Gold Dinar as a mechanism to enhance financial independence, confront the US Dollar, and develop the Islamic economy, by influencing the value of the US Dollar and breaking its global dominance over vulnerable peoples, and then stabilizing the value of Islamic money in the event that the Gold Dinar and the Silver Dirham are used, which will be a global currency if all Islamic countries adopt it and agree to use it as an alternative currency to the European Euro and the US Dollar. The problem of the study revolves around the dominance of the US Dollar and its high exchange rate versus the floating and depreciation of the currencies of Islamic countries that aspire to issue an Islamic currency as an alternative if they overcome the challenges and find understanding among themselves. The idea of the research will be implemented through the descriptive analytical approach, and the researcher does not dispense with the inductive approach in order to reach the desired results. Among the most important expected conclusions is discussing the challenges that may face this strategy, in addition to effective practices and their application on the ground that can be adopted to achieve the goals of controlling and overcoming the high Dollar exchange rate and stabilizing the low value of the currencies of Islamic countries, which would enhance development and improve the economic rate of Islamic countries.

The Eligibility of Forcibly Displaced Persons for Zakah: A Contemporary Maqāṣid-Based Fiqhi Study

2025-08-12T14:35:51+08:00

This study examines the eligibility of forcibly displaced persons to receive zakah, based on the significance of zakah as a fundamental pillar of Islamic law aimed at achieving social solidarity and economic justice, especially amid the urgent circumstances faced by displaced populations. The research problem arises from the ambiguity surrounding the inclusion of forcibly displaced persons within the categories of zakah recipients and the challenge of determining their eligibility in light of contemporary realities and the absence of precise criteria to apply classical rulings and modern fatwas to this shifting category. The study aims to clarify the juristic foundations that qualify forcibly displaced persons to receive zakah, analyse the extent to which these rulings are applicable in current contexts, highlight relevant contemporary juristic and maqāṣid-based approaches, and present actionable recommendations to enhance the zakah system to better serve this group. The research adopts a descriptive and analytical methodology, relying on textual analysis of Islamic sources, classical juristic opinions, and maqāṣid al-Sharīʿah, alongside contemporary reports on the realities of displacement. The study further distinguishes forcibly displaced persons from other related groups and establishes their potential classification under the categories of the poor (fuqarāʾ), the wayfarer (ibn al-sabīl), or those in debt (ghārimūn), depending on their circumstances, in line with the views of leading jurists. The study concludes that the eligibility of forcibly displaced persons for zakah is not merely a legal question but reflects the ethical and humanitarian spirit of Islamic law, emphasizing the need to institutionalize zakah distribution in a manner that ensures justice and human solidarity.

Regulatory Principles for Ilhāq (affiliation) with the Maqāsid al-Shariah: An Analytical Study

2025-08-12T14:35:54+08:00

Al- Ilḥāq (affiliation) in the field of Uṣūl al-Fiqh (Principles of Islamic Jurisprudence) represents a comprehensive theory that begins with general evidences and proceeds through inductive reasoning based on particulars. Given that the objectives of Islamic law (maqāṣid al-Sharīʿah) are founded upon comprehensive inductive analysis, the theory of affiliation plays a significant role in elucidating their application following their theoretical establishment. The significance of this study lies in its focus on the principles governing affiliation and its connection to maqāṣid al-Sharīʿah. Research Problem: Incomplete reasoning is among the most serious pitfalls in the application of legal rulings by some contemporary claimants to authenticity and preservation of Islamic law. In fact, they may pose a greater risk than the modern-day literalists, by which we mean those who rigidly adhere to the text. Unlike the original Ẓāhirī school—championed by Imām Ibn Ḥazm, which aimed to preserve the transmitted tradition (athar)—modern literalism often neglects the purposes, wisdoms, and overarching aims of the Sharīʿah. Hence, affiliation with maqāṣid provides an academic response to this literalist and fragmentary approach to scriptural texts, offering a holistic framework that aligns textual interpretation with its ethical and purposive dimensions. This study thus serves as a methodological contribution toward addressing this contemporary challenge. Methodology: This research adopts a descriptive approach by outlining the relevant realities and classifying them within the framework of maqāṣid. It also employs (partial) inductive and analytical methods to examine and analyze Sharīʿah evidences, aiming to establish a theoretical and practical synthesis between affiliation and inductive reasoning. The Key Findings of the study are as follow: First, affiliation with the maqāṣid represents an advanced level of operationalizing the objectives of Islamic law in various contexts and cases. Second, maqāṣid-based affiliation entails the jurist’s conscious invocation of the objectives in all interpretive and evaluative efforts—not only within legal contexts, but across scientific and practical domains—within an ethical framework that reconciles text and reality. Third, this form of affiliation is characterized by distinct features: clarity, reliability, discipline, and consistency, and it is governed by regulatory principles that protect it from laxity and detachment from the authority of the Sharīʿah texts. These include verifying the presence of the intended objective, assessing its degree and relevance, and integrating the particulars and general evidences within a semantic and contextual network that prevents contradiction. This framework ensures that the process of affiliation is both valid and robust, particularly when conducted by those with proper training and expertise.

The Jurisprudence of Priorities between the Two Necessities of Preserving Religion and Preserving Life in Light of the Objectives of Sharī‘ah: A Comparative Analytical Study

2025-08-12T14:35:49+08:00

This article explores the critical issue of prioritizing the essential objectives (maqāṣid ḍarūriyyah) in Islamic legal theory, with a particular focus on the precedence of preserving religion (ḥifẓ al-dīn) over preserving life (ḥifẓ al-nafs) when the two come into conflict. This matter holds significant implications for shaping juristic reasoning and for applying Islamic rulings in practical contexts. The study arises from scholarly disagreements regarding the criteria for this prioritization and the distinction between adhering to firm rulings (‘azīmah) versus legal concessions (rukhṣah) in situations of necessity. The article aims to examine the internal hierarchy between these two objectives and determine their respective positions within the broader framework of Sharīʿah priorities, while also shedding light on the functional interplay between them. Employing a comparative analytical methodology, the study surveys relevant scriptural texts and classical legal theories, evaluates the arguments concerning the prioritization of necessities, and supports the view which is most aligned with the spirit and higher aims of Islamic law. The findings indicate that, in cases of direct conflict, preserving religion generally takes precedence over preserving life, as it represents one of the highest and firmest obligations in Islamic law. However, this is not an absolute rule: in exceptional circumstances, it is permissible to prioritize the preservation of life—a foundational necessity—over religion as a conditional one, by way of concession rather than firm obligation. An example of this is the permissibility of uttering words of disbelief under duress. Such cases illustrate the flexibility of the Sharīʿah in balancing its objectives without compromising its core principles. The article recommends careful calibration of this hierarchy in contemporary legal reasoning and stresses the importance of distinguishing between firm rulings and concessions when addressing new legal cases and developing Sharīʿah-based public policies.

The Role of Islamic Finance in Achieving Sustainable Development: Islamic Banks as a Model

2025-08-12T14:35:48+08:00

This research examined the role of Islamic finance in achieving sustainable development goals through a case study of Islamic banks. The research also reviewed Islamic banks’ contribution to promoting social justice through zakah, waqf, qarḍ ḥasan (benevolent loans), and financing community and educational projects, which reflects on poverty reduction and enhancing solidarity. Additionally, light was shed on the environmental role that banks can play through financing environmentally friendly projects. The research adopted a descriptive analytical approach through analyzing relevant literature and published financial data. The study concluded that Islamic financing formulas have great capacity to support vital sectors such as education and health, if directed toward sustainable development projects. The research also concluded that Islamic banks, with their Sharīʿah flexibility and financial capabilities, are capable of being a fundamental lever for achieving sustainable development in Islamic and global communities. The research ended with a call to establish specialized sustainable development units within the institutional structure of Islamic banks, aiming to activate this role more effectively. The research recommends enhancing transparency and Sharīʿah governance in Islamic banks and directing financial products toward achieving social and environmental impact alongside economic returns.

Restrictions and Jurisprudential and Economic Regulatory Principles for Disposing Endowment Funds

2025-08-12T14:35:43+08:00

This study addresses the topic of restrictions in the disposal of waqf (endowment) funds. It explores the concept of waqf, its pillars and various types. The study then examines the legal rulings related to the disposal of waqf assets, including the permissibility of substitution, leasing, and investment. The central research question is: what are the Sharīʿah and economic constraints that must be observed when managing waqf assets to ensure the realization of Sharīʿah objectives and economic benefits without violating the conditions set by the endower or exposing the assets to risk? The study adopts an inductive approach, whereby it traces relevant jurisprudential and economic texts concerning waqf and compiles diverse scholarly opinions regarding its management. The analytical method is then applied to examine these opinions and derive the Sharīʿah-based and economic guidelines that govern the disposal of waqf funds. The study identifies a range of such constraints and concludes that waqf investment is permissible within clearly defined conditions, provided that the original waqf capital is preserved and financial returns are achieved to support its sustainability. All transactions involving waqf funds must comply with the conditions laid down by the endower and be carried out in the interest of the designated beneficiaries. Engaging in high-risk ventures or investments that could jeopardize the waqf assets is strictly prohibited.

Editorial

2025-07-25T10:52:33+08:00