International Journal of Fiqh and Usul al-Fiqh Studies

Application of Istiṣḥāb and Istiḥsān in Islamic Law of Inheritance: An Analytical Study

Ahmed Nafiu Arikewuyo — 2024-07-31

This paper explores the application of the Islamic jurisprudential principles of Istiṣḥāb (presumption of continuity) and Istiḥsān (juristic preference) within the realm of Islamic inheritance law (Mirāth). The methodology involves a conceptual discourse that explains Istiṣḥāb as the presumption that a previous state or ruling continues to remain valid unless proven otherwise, and Istiḥsān as the departure from strict analogical reasoning (qiyās) or text towards stronger evidence or interpretation that better aligns with the objectives (Maqāṣid) of Sharīʿah. This is followed by a detailed analysis of their application in various inheritance cases, including mass fatalities, obligatory bequests (Waṣiyyah Wājibah), and the inheritance rights of hermaphrodites and fetuses, among others. The research problem revolves around demonstrating how these principles facilitate juristic reasoning (ijtihād) in Mirāth, enabling the law to adapt to evolving familial structures and contemporary challenges, given the inadequate scholarly focus on their comprehensive application in modern contexts. The key research findings include the adaptability of Mirāth to societal changes, the ability to address complex scenarios, and balancing between rigidity and flexibility. It lays a good foundation for future research.

Verbal Semantics in Islamic Jurisprudence: ʿAbd Al-Raḥmān Nāṣir Al-Siʿdī’s Contributions to The Study of Dalālāt Al-Alfāẓ

Maasid Siddiq Mohiyuddin Ganai — 2024-07-31

This paper explores the contributions of ʿAbd al-Raḥmān Nāṣir al-Siʿdī to the understanding of Dalālāt al-Alfāẓ (Verbal Semantics) within the framework of the principles of Islamic jurisprudence. As a distinguished scholar in Uṣūl al-Fiqh, al-Siʿdī's work sheds light on the nuanced relationship between linguistic expressions and their implications in deriving legal rulings. By analysing al-Siʿdī’s scholarly output, the paper highlights how his insights into the semantics of Arabic lexicon contribute to a deeper comprehension of Islamic law and its application. Al-Siʿdī's meticulous attention to the context, grammatical structure, and etymology of words demonstrates his profound commitment to uncovering the intended meanings of the Sharī'ah. This research not only underscores al-Siʿdī's legacy in Islamic legal theory but also illustrates the pivotal role of language in the epistemology of Islamic jurisprudence. This paper employs a qualitative research approach, focusing on a thorough textual analysis of al-Siʿdī’s scholarly works, specifically his contributions to the study of Dalālāt Al-Alfāẓ (the implications of words) within Islamic jurisprudence. This paper concludes by stating that al-Siʿdī’s contributions to Uṣūl al-Fiqh not only enrich the Islamic scholarly tradition but also serves as a guide for addressing modern legal and ethical dilemmas through the prism of Islamic law. His legacy offers a foundation for future scholarly exploration, promising to extend the understanding and application of Islamic jurisprudence in diverse contemporary contexts.

The Role of Islamic Social Finance Instruments Towards Poverty Alleviation in Nigeria: A Juristic Analysis

Saheed Abdullahi Busari — 2024-07-31

Nigeria is one of the West African countries that have abundant natural resources. It is also a member of the Organization of Petroleum Exporting Countries (OPEC). According to World Bank statistics, Nigeria’s poverty rate is alarming, ranking next after India. Despite the numerous natural resources in Nigeria, poor economic management and governance are considered factors responsible for the current standard of living in the country. This study examines the potential opportunities and challenges in employing the Islamic social instruments of Zakah, Sadaqah, and Waqf in wealth redistribution to alleviate poverty in Nigeria. This study uses data obtained through library search to explicate the achievements and challenges of wealth redistribution in Nigeria and the role of Islamic social financing in eradicating poverty. It adopts a descriptive and juristic analysis approach to the roles and potential contributions of existing Islamic social finance platforms in the sustainable redistribution of wealth in Nigeria. This study reviews existing social finance platforms in Nigeria through an analysis of the Qur’an, Hadith, and Islamic economic worldview interpretations. The study explores the socio-economic potential of Nigeria’s multi-ethnic, cultural, and religious society. This study finds that Islamic social finance institutions in Nigeria face corporate governance, effective records, database management, and regulatory challenges impeding public and private institutions’ initiatives to address wealth redistribution and eradicating poverty through Islamic social financing use of Zakah, Sadaqah, and Waqf in Nigeria.

Editorial

Editor IJFUS — 2024-07-31

Methods of Calculation for Solving the Issues of Obligatory Will: An Inductive, Analytical and Comparative Study

Shireen Akram Saeed — 2024-07-31

The research aims to highlight the way of calculation of obligatory will and how to estimate its quantity, since the Arab laws that established this will do not clarify the extraction method of its calculation. Rather, they restrict the one who extracts it with three restrictions mostly agreed by all laws. Therefore, the paper depends on an inductive, analytical, and comparative approach to the Arab laws which legalized provisions of the obligatory will. Consequently, it is found that there are five methods for extraction which are authorized by Egyptian law, Syrian law, Iraqi law, and Yemeni law. Other Arab countries follow the mentioned laws in their calculation. The reason for the diversity and the differences in the solution despite agreement on the principles and restrictions returns to the basis of the method of calculating this will. Thus, they went in two directions, the first one makes it a simulation of an optional will, while the other one makes it a simulation of inheritance. To recap, most of these methods pose issues and problems when applied in the real world. Besides, this paper found that the Egyptian method which is applied in the courts nowadays is the closest calculation approach to the concept of legitimate optional will with one exception of the binding quality acquired by the force of law. If the law has obligated the heirs to do so, then at least the method of dissolving it should be similar to the method approved by the jurists in their jurisprudential sources.

The Jurisprudential Contents of the Standard about the Procrastinating Debtor and Their Effects on Banking Practice in Turkish Partnership Banks

Adnan Oweida — 2024-07-31

The problem of defaulting debtors represented the background of the fatwa issued obliging the procrastinating debtor to abide by financial penalties. This background formed the starting point for this study, which examined contemporary jurisprudential ijtihad related to the contents of the procrastinating debtor standard, which is the third Sharīʿah standard of the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI), where financial penalties or fines for delaying were the most important content of this standard. The study shed more light on financial penalties against the defaulting debtor, and supported an alternative vision, as the research problem was summarized in verifying the soundness of contemporary jurisprudential ijtihad issued by some Sharīʿah bodies. The study concluded: there is a flaw in contemporary ijtihad on the issue in question. This flaw has been diagnosed and corrected, and amendments have been proposed to the third AAOIFI standard on which these fatāwā are based. The study concluded with the most important results that decide a different point of view: it maintains that the late fines imposed on the debtor are purely arbitrary action made by the financial institutions to begin with, and it is appropriate to reconsider the fatwa and remove this injustice from the shoulders of the debtors. The study recommends that the financial institutions stop obliging the defaulting debtor to pay any sums of money that exceed the original obligation to ensure justice in the financial system. The study also indicates that the legislative aspect of partnership banks in Turkey is affected by this defect and also indicates the extent to which it is affected by the procrastinating debtor standard issued by AAOIFI.

History of the Afghan Central Bank, Its Sharīʿah Supervision System and Its Effect on Unifying the Sharīʿah Reference

Zaif Ullah Athari — 2024-07-31

This article aims to explore the topic of Sharīʿah supervision in the Afghan Central Bank and its impact on unifying Sharīʿah reference. This is achieved through investigating the historical roots of banking activities, the establishment of the Afghan Central Bank, its Shari`ah supervision system, and its influence on unifying Sharīʿah reference in Islamic banks. The focus of this article will be on elucidating the establishment of the Afghan Central Bank and the opening of the field of financial transactions within its framework through rules and regulations. The current study also emphasizes the clarification of the supervisory role of the Central Bank in achieving the unification of Sharīʿah reference in Islamic banks. Researchers adopt a textual study approach, encompassing both inductive and analytical-critical methods to study scholars’ opinions on the subject and discuss them. Additionally, the researchers rely on field study methodology, conducting personal interviews with experts and specialists in the field. The current study reveals that the establishment of the Afghan Central Bank dates back to 1939 within a detailed historical context of banks in Afghanistan. Researchers also find that the Afghan Central Bank has a specific supervisory system for Islamic banks, playing a significant role in unifying Sharīʿah reference in these banks. However, it appears that there is no specific framework to regulate this aspect, in addition to the absence of truly independent Islamic government banks. Instead, there is a private Islamic bank and Islamic windows providing Islamic banking services under the supervision of the Afghan Central Bank. Nevertheless, the study notes several observations, including the absence of a specific and independent law for Islamic financial services in Afghanistan that regulates the activities of Islamic banks.

Importance of Maqāṣid of Waqf in the Contemporary Jurisprudential Ijtihad: A Forward-looking Analytical Study in Afghanistan

Abdul Salam Salim — 2024-07-31

The significance of waqf, with its jurisprudential nature, economic format, and maqasidic formulation, serves as a key tool in advancing Islamic social finance within the contemporary Islamic financial system. This importance is reflected in various global experiences, and Afghanistan is striving to follow suit. This study aims to unveil the higher Sharīʿah objectives (Maqāṣid al-Sharīʿah) of the waqf system and their significance in contemporary waqf related ijtihad. Examining the maqasidic dimension of the waqf system is one of the most crucial discussions in the evolution of waqf in our present era, alongside jurisprudential, legal, and economic studies. The study employed a qualitative method, using inductive and analytical approaches to establish and regulate the concept of waqf related Maqāṣid al-Sharīʿah and their associated foundational issues. This was done to establish the legal foundations of waqf and to analyze its current state and development prospects in Afghanistan. The study concluded with several findings and recommendations. Most important of them are numerous Maqāṣid al-Sharīʿah have been achieved through waqf, while others are hindered by current challenges in Afghanistan; the development of specific Maqāṣid al-Sharīʿah of waqf requires legal regulations that meet the demands of the modern era. It is recommended to establish a specialized body in Afghanistan dedicated to waqf affairs, relying on scientific centers, and jurisprudential, legal, and economic expertise, as well as contemporary global experiences.

Sharīʿah Solution for the Forbidden Financial Rights in a Bank after Its Conversion to the Islamic Banking System in Afghanistan: A Juristic Analytical Study

Mohammad Tahir Sarfaraz — 2024-07-31

The conversion from the conventional to Islamic banking system refers to the shift from a model that contravenes Sharīʿah principles to one that aligns with these principles. This involves replacing the banking system based on the principle of lending and interest rates with a system based on profit and loss sharing methods. Undoubtedly, this transition was accompanied by numerous challenges in Afghanistan, most notably the handling of the bank's prohibited financial rights resulting from contracts executed before the transition. Therefore, this study is conducted to address the impacts of such contracts and find appropriate solutions for their liquidation according to the inductive and analytical approaches, and field study. The study concluded that it is necessary to dispose illicit revenues accumulated from previously established contracts. If these revenues are in the form of interest, they should either be written off or allocated to beneficial community projects. Meanwhile, prohibited items such as idols, alcohol, and forbidden meats should be destroyed, and their proceeds should be directed towards charitable causes. If the bank owns properties offering forbidden services, they should be converted to provide lawful services. The responsibility for purification lies with the shareholders and depositors before the transformation and with the bank itself afterward. Revenues should be directed towards community benefits and not used for building mosques out of respect for the sanctity of these places. The study also suggested implementing alternatives and frameworks that facilitate debt repayment for the clients while ensuring profitability for the bank in accordance with the Sharīʿah.

The Philosophy of not Specifying the Maximum Limit for a Woman’s Dowry in Islamic Law and its Role in Promoting the Good Conjugal Relationships in Human Society

Zakirullah Zaki — 2024-07-31

The primary goal of the study is to explain the philosophy of not specifying the maximum limit of dowry in Sharīʿah and its role in promoting good conjugal relationships in human society. Islam has encouraged marriage and made dowry part of its provisions to achieve more harmony between the spouses and to be a savings income for the wife in the future. The basic principle is that the dowry is permissible for everything that is considered wealth according to Sharīʿah, without specifying its maximum amount according to the majority of scholars, even if the Sunnah is to facilitate it with avoiding exaggeration to block the dharāʾiʿ (means to negative consequences). The problem is that there is lack of clarity that not specifying the maximum limit for a woman’s dowry has a major role in promoting good conjugal relationships in human society and has many wisdoms behind it. In this study, the researchers used the qualitative and analytical approaches, and collected data by conducting interviews with specialists in this field. The researchers concluded that the wisdom behind not specifying the maximum limit for a woman’s dowry in Sharīʿah is the widening of the global outlook of Sharīʿah and its future vision, and the possibility for Islam to meet all the needs of humanity in all eras and times, and the change of ruling with the change of times. Therefore, Sharīʿah delegated the matter to the agreement of the spouses, and this leads to an increase in affection and love between them and to the integration of society, and it strengthens societal relations and causes the strengthening of good conjugal relationships between the spouses because they determine it by their will and mutual consent.

The Reality of Utilizing Interest-Based Wealth in the Charitable Islamic Institutions in West Sumatra, Indonesia: Problems and Solutions

Muhammad Azzam Ismail Ismail — 2024-07-31

According to the majority of modern Muslim scholars, conventional bank interest is ribā, which is forbidden and must be depleted on charitable works. Depleting them means using and benefiting from them in ways that are advantageous to Muslims. It is necessary to pay attention to the management system when using it as one of the sources of financing charitable works. This ensures that it does not violate Islamic and national laws. This research aims to understand the reality of the utilization of ribā in West Sumatera, which is one of the largest Islamic provinces in Indonesia. It seeks to protect these assets from wasting, while also explores whether it discourages Muslim clients from continued interaction with conventional banks or not. The researchers rely on four basic approaches in this study: the inductive approach, the analytical approach, the field study, and the comparative approach. Among the most significant problems confronting Islamic Charitable Institutions in West Sumatera is the lack of directives issued by the Indonesian Council of Islamic Scholars on how to allocate these funds through charitable institutions. Furthermore, the religious ministry has not issued any official decisions on the ruling regarding conventional bank interest. As a result, this has become a sensitive topic, which makes the institutions avoid open management of it. In this regard, institutions and the government should take three types of actions: intellectual, political, and practical.

Daʿwah and Educational Objectives in the Light of Surat Yūsuf PBUH: An Analytical Perspective

Hassan Suleimān — 2024-07-31

Allah (SWT) legislated His laws and perfected the religion to guarantee people's happiness, righteousness, guidance, and salvation in both worlds; and he sent messengers and books with them, so that people may practice justice in all their affairs and transactions. It is part of Allah’s mercy to people that He explained to them the path of calling to Him. Surat Yūsuf is one of the suwar of the Qur’an that mentioned many da`wah and educational aspects that contemporary preachers can use in calling people. Considering many benefits and lessons found in this noble surah, the researchers chose it for this study. The problem of the study is evident in the attempt to devise da`wah and educational methods in light of the surah. To complete the study, the researchers used the descriptive and analytical methods to arrive at deducing the methods and benefits of daʿwah based on the story of Yusuf, peace be upon him. This study contributes to the field of da`wah, guidance, and education by providing the opportunity to explore the aspects of da`wah in light of the story of Yūsuf, peace be upon him. So that contemporary preachers may benefit from it in their call to the path of Allah (SWT). The study concluded several results. The most important of these are: the stories are useful for preaching Islam because the Qur’anic stories are true and not fictions. Another important point is that the callers to the path of Allah today may be more vulnerable to being afflicted with evil and good, and that the temptation of women, as it was in the previous nations, is in this nation more severe and dangerous, as the Prophet, may Allah bless him and grant him peace, said: “I have not left behind me a temptation that is more harmful to men than women.” The study recommends that scholars and preachers to the path of Allah should pay attention to the Qur’anic stories and deduce lessons from them. It has been proven through observation and extrapolation that stories constitute one-third of the Holy Qur’an.

Cash Waqf in Islamic Jurisprudence and its Applicability to Support Health Care in the Muslim Community in Ghana

Mohammed Kabiru Musah — 2024-07-31

This study explores the cash waqf and health care issues within the Muslim community in Ghana. The community encounters numerous health challenges due to the Ghanaian national health insurance's limited coverage of all health services, particularly high-cost treatment operations. As a result, many impoverished Muslims are unable to afford the cost of these operations. The aim of this study is to develop a model for a cash waqf fund that will support healthcare projects. The researchers used an inductive approach to extrapolate and derive rules related to the cash waqf; in addition, an analytical-descriptive approach was used to discover the challenges in the field of healthcare in Muslim communities in Ghana and the possibility of applying the cash waqf fund in Ghana to address the challenges by conducting personal interviews with some experts and stakeholders. The researchers also used thematic analysis to analyze the data. The study concluded with a variety of findings, such as contemporary jurists have adopted the perspective of those who argue that cash waqf is permissible, since it satisfies the Sharῑ‘ah objective of waqf, which is retaining the principal and offering its benefits, and because units of money have no specific merits that prevent units from standing for and replacing each other. Likewise, in this era, the cash waqf also plays an important role in improving the health sector in countries with a Muslim majority or a Muslim minority. Additionally, Muslim doctors in Ghana established an association to address the challenges they faced in the health sector and to provide health care services to the Muslim community in Ghana. However, the association's ability to carry out its work was hampered by a lack of funding. Therefore, the proposed cash waqf model offers potential benefits for financing projects in the health care sector of society.