International Journal of Fiqh and Usul al-Fiqh Studies

Editorial

Editor IFUS — 2026-01-30

The Role of the Muḍārabah Contract in Developing the Shariah Framework for Islamic Banks in Afghanistan

Abdul Bari Qanet — 2026-01-30

The core issue of this study lies in clarifying the role of the Muḍārabah contract in developing the Shariah framework of Islamic banks in Afghanistan. Muḍārabah is considered one of the significant and influential Islamic alternatives to the interest-based investment system. This product serves as an Islamic method for investment in financing industrial, commercial, and other projects in Afghanistan. The study aims to explain the nature of banking Muḍārabah and the necessity of developing this product in Afghan banks, as this contract plays an essential role in enhancing the Shariah framework of Islamic banking in Afghanistan. It requires establishing legal and Shariah regulations for its proper implementation and raising public awareness of its importance and positive impacts on Afghan society—both in terms of preparing qualified personnel to implement it in Islamic banks and from the Shariah and economic perspectives. This, in turn, will lead to the development of the Shariah framework and diversified Islamic financing models in Afghanistan's Islamic banking sector. The research adopts an inductive and analytical approach, analyzing the topic from banking and Shariah perspectives. The study concludes that the Muḍārabah banking product could play a central role in advancing the Shariah framework of Islamic banks in Afghanistan.

Achieving Financial Inclusion in Tajikistan through Islamic Financing Mechanisms for Small and Medium-Sized Enterprises

Komil Kurvonov — 2026-01-30

Tajikistan, a predominantly Muslim country in Central Asia, is striving to achieve financial inclusion through the adoption of Islamic financing mechanisms for small and medium-sized enterprises (SMEs), amid the structural challenges faced by conventional microfinance institutions and the lingering effects of the global financial crisis. This study aims to examine the feasibility of implementing an Islamic finance model that can integrate wider segments of society—particularly entrepreneurs and SME owners—into the formal financial system. A quantitative research method was employed, using field surveys conducted in the cities of Dushanbe and Khujand to analyze the relationship between independent variables such as attitude toward success, personal norms, perceived behavioral control, and financial inclusion–related factors including awareness, social norms, product knowledge, trust, and the dependent variable of customers’ intention to engage with Islamic finance. Regression analysis revealed that 44.2% of the variance in intention could be explained by these variables, with a statistically significant relationship confirmed by the F Change test. The study recommends future research employing advanced statistical tools and incorporating additional variables such as digital infrastructure and supportive government policies, while emphasizing the design of context-specific financial policies that enhance trust and awareness. The dissemination of findings among policymakers and stakeholders is also recommended, to foster broader financial inclusion and sustainable economic development in Tajikistan.

The Ruling on Wiping Over Socks: A Comparative Jurisprudential Study

Ali Said Ali Ghafram Alshahri — 2026-01-30

This research examines the ruling on wiping over leather socks (khuffayn), a jurisprudential issue related to the rules of ritual purification, through a comparative study of six Islamic legal schools: Ibadi, Hanafi, Maliki, Shafi’i, Hanbali, and Zahiri. The researcher meticulously presents each school’s stance along with its supporting evidence, discusses the arguments and their interpretations, addresses counterarguments, and arrives at the preferred opinion. The study begins by defining wiping over leather socks and then outlines the jurisprudential positions of the various schools. The majority of scholars from the Hanafi, Maliki, Shafi’i, Hanbali, and Zahiri schools permit wiping over leather socks, citing the Qur’anic verse on ablution from Surah al-Māʾidah: 6 (based on the grammatical reading of “wa-arjulikum” in the genitive case), as well as mutawatir (widely transmitted) prophetic traditions in word, deed, and approval from the Prophet (peace be upon him), and the consensus attributed to the Companions (may Allah be pleased with them). Conversely, the Ibadi school holds that wiping is impermissible, relying on the apparent meaning of the verse in Surah al-Māʾidah that mandates washing the feet, certain aḥādith threatening punishment for neglecting to wash the heels, narrations from some Companions rejecting wiping, and rational arguments. The researcher favors the majority opinion permitting wiping, due to the mutawātir textual evidence, its widespread practice among the Muslim community across generations, and the minimal opposition, which carries little weight. This ruling aligns with the objectives of Islamic law in alleviating hardship and facilitating ease.

Waṣiyyah and Intergenerational Wealth Transmission in Islamic Law: An Investment Vision

Saif Salim Al Hadi — 2026-01-30

This study explores the concept of waṣiyyah (Islamic will) from a spiritual, civilizational, and economic perspective, explaining it as a dual-benefit investment—both in this world and in the hereafter. The researcher reviews the evolution of idea of ownership in human thought and distinguishes between the religious and Western perspectives on money. The paper underscores the legal basis of waṣiyyah as derived from the Quran and Sunnah, explaining how it is a civilizational tool that can be invested to ensure the sustainability of welfare for the poor and non-heir relatives, and to achieve social balance. The study highlights the importance of writing the waṣiyyah and defining its legal and moral objectives, clarifying the difference between endowment (waqf) and waṣiyyah. It also sheds light on how to preserve this wealth through investment, advance planning, and fairness in distribution, noting that the waṣiyyah is not a merely formal procedure, but rather an integrated project that reflects the spirit of stewardship. The research adopted the analytical-inductive method to trace the legal texts and analyze the statements of jurists, the comparative method to examine the balance between waṣiyyah and waqf, the historical-critical method to demonstrate the evolution of the concept of ownership, and the descriptive-thematic analysis to clarify contemporary applications with practical examples.

The Five Major Legal Maxims and Their Influence on Contemporary Economic Fatāwā Issued by the National Sharia Council of the Indonesian Ulama Council

Enang Hidayat — 2026-01-30

The development of contemporary economics has given rise to new issues that require appropriate Islamic legal solutions. The National Sharia Council of the Indonesian Ulama Council (DSN-MUI) plays a significant role in formulating fatāwā on Islamic economic matters, referring not only to the Qur’an and Hadith but also to the five major and universal Islamic legal maxims. However, the direct influence of these legal maxims on DSN-MUI fatāwā has rarely been studied in depth. Therefore, this study aims to explore the five major legal maxims according to classical and contemporary scholars, and to examine their influence on contemporary economic fatāwā issued by the DSN-MUI. This study employs a historical, philosophical, and comparative approach with a prescriptive analysis. Primary sources include classical works on legal maxims such as Al-Ashbāh wa-al-Naẓāʾir fī Qawāʿid wa-Furūʿ Fiqh al-Shāfiʿīyyah by al-Suyūṭī and contemporary works such as Al-Fiqh al-Islāmī fī Thawbihi al-Jadīd by Muṣṭafā Aḥmad al-Zarqā, among others. The research applies the inductive theory of Islamic law. In conclusion, the majority of scholars of madhāhib and contemporary scholars mention five major legal maxims. However, the legal maxims that have influenced nine contemporary economic fatāwā issued by the National Sharia Board of the Indonesian Ulama Council are limited to only three major maxims, namely: “Al-Mashaqqah Tajlib al-Taysīr”, “Al-Ḍarar Yuzāl”, and “Al-ʿĀdah Muḥakkamah” This research makes an important contribution in affirming that the five major legal maxims are not merely theoretical, but have a real and tangible impact on the formulation of contemporary economic fatāwā issued by the National Sharia Board of the Indonesian Ulama Council.

Nushūz in Islamic Family Law: A Comparative Study between Afghanistan and Malaysia

Mohamed Rashid Ab Razak — 2026-01-30

Issues of nushūz (marital disobedience) constitute one of the major challenges in Islamic jurisprudence and family law due to their direct impact on family stability and the rights of both spouses—especially in societies where the interaction between Sharīʿah texts, social customs, and modern legislation is complex. Most previous studies have been limited either to theoretical jurisprudential discussions or to isolated local experiences, with a lack of in-depth comparative research between Muslim countries that have differing legal systems, such as Afghanistan and Malaysia. This study aims to analyze and address nushūz cases through a comparative examination of the Sharīʿah judiciary in Afghanistan and Malaysia, in order to reveal how Islamic jurisprudence interacts with local customs or modern laws, and to clarify the gap between legal texts and practical application. The research adopts a comparative analytical methodology based on the analysis of jurisprudential texts, official legislations, and international reports, alongside a review of selected judicial rulings from both countries. It also employs critical analysis of the textual evidence. The findings show that the Afghan system is deeply influenced by tribal traditions that undermine legal safeguards for women, whereas the Malaysian system provides a more structured institutional framework through codified nushūz provisions and procedural guarantees—although disparities in implementation persist among states. This study contributes to the scholarly literature by presenting a comparative model that highlights the influence of social and legal contexts on the application of nushūz rulings, and it recommends legislative and judicial reforms that strike a balance between the objectives of Sharīʿah and the demands of contemporary justice.

The Qur’anic Methodology in Addressing the Phenomenon of Hoarding: An Analytical Study of Its Psychological, Educational, and Social Dimensions

Radwan Jamal Elatrash — 2026-01-30

This study addresses the Qur’anic methodology in dealing with the phenomenon of hoarding, a behavioral tendency deeply rooted in human nature, characterized by the accumulation and storage of wealth without fulfilling its obligatory rights or spending it in charitable causes. The research problem lies in the fact that modern psychological and social studies have examined hoarding as a cognitive-behavioral disorder or as a social phenomenon affecting family relations, yet they have overlooked the Qur’anic perspective, which provides a comprehensive approach that integrates psychological, educational, and social dimensions. The aim of this study is to clarify the Qur’anic methodology in addressing hoarding and to derive the psychological, educational, and social dimensions highlighted in the relevant Qur’anic texts. The research employs the inductive method by collecting and examining verses related to hoarding in their various contexts, alongside the analytical–deductive method to interpret the texts, extract Qur’anic meanings, and deduce their psychological, educational, and social implications. The findings reveal that the Qur’an addresses hoarding by establishing values of moderation and contentment, warning against its psychological consequences such as anxiety and distress, its educational outcomes such as instilling miserliness and selfishness in future generations, and its social impacts such as deepening class divisions and disrupting the circulation of wealth in society. The Qur’an further emphasizes that the remedy lies in self-purification through spending, ensuring fair economic circulation, and linking material conduct to ultimate accountability in the Hereafter. The study recommends drawing on the Qur’anic methodology to develop contemporary educational programs that counteract consumerist and negative saving behaviors, promote a culture of generosity and social solidarity, and incorporate these principles into economic and social policies aimed at justice and development. The main contribution of this research lies in presenting a comprehensive Qur’anic vision that transcends the partial psychological and social approaches of Western studies and opens new horizons for activating the Qur’an in addressing contemporary behavioral and economic challenges.

Sadd al-Dharāʾiʿ and Its Role in Achieving the Maqasid of Preserving Life: An Applied Fiqhi Study Based on Maliki Fatāwā

Samira Hasan Elbalazi — 2026-01-30

This study explores the role of the legal maxim Sadd al-Dharāʾiʿ (blocking the means) in fulfilling the objective of preserving life, which constitutes one of the fundamental purposes of Islamic law. By examining outcomes and consequences, the research analyzes selected Mālikī fatāwā, given that the Mālikī school is among the most prominent in applying this maxim and considers its relevance to contemporary legal issues. The study adopts the inductive method in surveying jurisprudential sources and the analytical method to clarify the contribution of Sadd al-Dharāʾiʿ to safeguarding life and its applicability in modern contexts. The findings demonstrate that this maxim plays a significant role in protecting life, as reflected in four categories within Mālikī fatāwā: (1) means that directly lead to harm; (2) permissible actions used with harmful intent; (3) permissible actions that unintentionally result in greater harm; and (4) means that lead to public benefit and support the higher objectives of the Sharīʿah. The study concludes by recommending enhanced scholarly attention to Mālikī fatāwā grounded in Sadd al-Dharāʾiʿ, due to their important contribution to upholding the maqāṣid of Islamic law, particularly the preservation of life.

The Maqāṣid al-Sharī‘ah in the Governance of Zakāh Institutions: A Theoretical and Applied Study

Mohamad Nafiz Naqiuddin Mohamad Azim — 2026-01-30

The central problem of this study lies in examining the effectiveness of implementing the objectives of Islamic law (maqāṣid al-sharīʿah) in the governance of zakāh institutions, and in identifying the mechanisms through which these objectives can be applied. While previous studies have extensively explored the theory of maqāṣid al-sharīʿah from both analytical and conceptual perspectives, their practical application within zakāh institutions remains underexplored and requires further in-depth study. This research adopts both the inductive and analytical approaches: it inductively derives the objectives of Islamic law from the primary sources and interprets their implications, followed by analytical treatment to enable their implementation in the governance of zakāh institutions. The study concludes that the objectives of Islamic law are indeed applicable and effective in the governance of zakāh institutions. They ensure a spiritual dimension through the objective of servitude to Allah (SWT), reinforce integrity through the objective of trustworthiness, safeguard social justice through the objective of justice, and strengthen social cohesion through the objective of solidarity. These are manifested in four interrelated institutional principles: Tawhid, reflected in cultivating awareness of Allah’s greatness; trustworthiness, through clarity of roles and accountability; justice, by ensuring rightful distribution through accurate systems; and cooperation, through consultation and collective work.

War Damages in Sudan Between Jurisprudential Treatment and Legal Frameworks: An Integrative Study

Tarig Mansour — 2026-01-30

This study aims to examine the war damages in Sudan from two complementary perspectives: the fundamental jurisprudential perspective, based on the texts of Islamic law and its objectives to protect life, property, and infrastructure; and an analytical legal perspective, based on Sudanese national legislation and relevant international agreements. The problem with the research lies in the absence of a comprehensive approach that balances the legal reference and the legal framework for addressing the damages caused by wars, as well as the weak practical implementation of the laws in force in Sudan and ensuring compensation for those affected. The methodology of the study is based on a descriptive-analytical approach, in addition to a comparative approach between Islamic jurisprudence and international law, with an analysis of cases from the Sudanese reality as an applied accounting of damages. The most important findings of the study are: first, there is agreement between Islamic jurisprudence and international law on prohibiting attacks on lives and property in the context of conflict; second, there is a significant gap between the legal frameworks adopted and the actual reality in Sudan in terms of implementation and compensation; third, the study emphasizes the importance of transitional justice and national reconciliation as mechanisms for rebuilding society and promoting social peace.

A Survey on Students’ Islamic Ethics in Universities Using a Thematic Analysis Approach (Scopus Q1)

Nan Noorhidayu Megat Laksana — 2026-01-30

This study reviews recent research on Student Islamic Ethics in Universities published in Scopus Q1 journals. Thematic analysis was adopted to extract patterns from selected literature published between 2020 and 2025. This study explores the landscape of student ethical behavior within university contexts, highlighting trends and research developments from scholarly works indexed in Scopus. Observing and exploring two phases of research design comprising of qualitative interviews and quantitative surveys, the study offers insights into enforcement practices, compliances, perceptions, and ethical challenges faced by higher education institutions. Data spanning from 2020 to 2025, drawn from leading journals and global publications, demonstrates increasing post-pandemic academic attention. Major contributors to this discourse include countries such as Malaysia, Indonesia, and the UK. The thematic analysis identifies key themes such as institutional policy enforcement, student compliance, perception of ethical standards, and institutional barriers in ethical implementation. This research contributes significantly to the understanding of Islamic ethical practices in educational settings and offers a foundational basis for future studies in Islamic higher education ethics.