International Journal of Fiqh and Usul al-Fiqh Studies (IJFUS) https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh <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> en-US <p style="text-align: justify;">The IIUM&nbsp; journal follows the open access policy.</p> <p style="text-align: justify;">Consent to publish: The Author(s) agree to publish their articles with IIUM Press.</p> <p style="text-align: justify;">Declaration: The Author(s) declare that the article has not been published before in any form and that it is not concurrently submitted to another publication, and also that it does not infringe on anyone’s copyright. The Author(s) holds the IIUM Press and Editors of the journal harmless against all copyright claims.</p> <p style="text-align: justify;">Transfer of copyright: The Author(s) hereby agree to transfer the copyright of the article to IIUM Press, which shall have the exclusive and unlimited right to publish the article in any form, including in electronic media. However, the Author(s) will reserve the right to reproduce the article for educational and scientific purposes provided that the written consent of the Publisher is obtained. For the article with more than one author, the corresponding author confirms that he/she is authorized by his/her co-author(s) to grant this transfer of copyright.</p> ijfusjournal@iium.edu.my (Chief Editor (رئيس التحرير)) mussham@iium.edu.my (Mustafa bin Mat Jubri @ Shamsuddin) Sun, 30 Jun 2019 00:00:00 +0800 OJS 3.1.2.0 http://blogs.law.harvard.edu/tech/rss 60 Front Pages https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/114 Copyright (c) 2019 IIUM Press http://creativecommons.org/licenses/by-nc/4.0 https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/114 Sun, 30 Jun 2019 00:00:00 +0800 The Penalty Clauses in Leasing Contract Which Ends With Ownership (al-Ijārah al-Muntahiyah bi al-Tamlīk) https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/115 <p><em>The study of penal clauses is one of the most important aspects that should be</em><em> jurisprudentially </em><em>studied and highlighted. This is because in their contracts, most of the Islamic banks have stipulated several penal conditions to preserve their financial rights, achieve guarantees, reduce their risks in dealing with customers, address the problem of procrastination in debt settlement and financial obligations. No contract exists without a set of penal clauses, such as the condition of penalty for delay in the event of late payment, the requirement that the expenses of the lawsuit should be paid by the procrastinator of debt and other conditions. There is an urgent need to study these penal conditions and identify the extent to which they agree or disagree with the rulings of Islamic Shariah so that the transactions of Islamic banks can be free of forbidden or suspicious transactions, especially those in which there is rib</em><em>ā</em><em> or suspicion of rib</em><em>ā</em><em>. This paper is an attempt to highlight the position of Sharia on the penal conditions applied in the Ij</em><em>ā</em><em>rah contract that leads to ownership.</em></p> <p><strong><em>Keywords: Penalty Clauses, Leasing Contract Which Ends With Ownership, Jurisprudence of Transactions</em></strong></p> <p>https://doi.org/10.31221/osf.io/ub4pc</p> Said Salim al-Sinani, Mohamad Sabri Zakaria, Mohd Fuad Mohd Sawari Copyright (c) 2019 IIUM Press http://creativecommons.org/licenses/by-nc/4.0 https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/115 Sun, 30 Jun 2019 00:00:00 +0800 The Objectives of Shariah in Will: A Case Study of As-Salihin Trustee Company https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/116 <p><em>Will (wa</em><em>ṣ</em><em>iyyah) is a gift of property or a gift of the benefits of property which is established after the death of the testator. It is valid irrespective of it being made in a state of health or during the final illness. It was well known before Islam, but Islam introduced conditions for it, which did not exist in the past. In the pre-Islamic era, the owner of property simply used to make a will to whomever he wished and deprived whomever he wanted. This is why the will had no value during that era, till Islam came and approved it under certain conditions. The wisdom of Islamic Shariah requires the consideration of public interest in its various legislations. So, the Shariah always aims to achieve all those aspects whose benefits are well established, and to prevent all those aspects whose harms are well established. One of these legislations is making wills because human beings need it. This paper highlights the objectives of will, such as the Law Giver neither closed the door of doing good deeds, nor did He prevent from rectifying what is missing. So, He permitted His servants to make wills over a portion of their property, so that they can make up for their short comings and increase their good deeds before their deaths. This objective of will appears in the activities of the As-Salihin Trustee Company. &nbsp;</em></p> <p><strong><em>Keywords: Will, Maqāṣid al-SharīꜤah, As-Salihin Trustee Company, Interest.</em></strong></p> <p>https://doi.org/10.31221/osf.io/3wfd4 </p> Abdul Bari Awang, Amilah Awang, Hassan Suleiman, Ahmad Akram Mahmad Robbi, Faiz Hatim Hanapi Copyright (c) 2019 IIUM Press http://creativecommons.org/licenses/by-nc/4.0 https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/116 Sun, 30 Jun 2019 00:00:00 +0800 The Effect of Custom in the Criteria of Competence in Marriage: A Maqasidic Study https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/129 <p><em>This research addresses some of the deviant customs which affect the determination of the criteria of competence in marriage as a result of variations of this determination according to the variation of time and place. The customs that are intended for research in this study are three. First, defects related to outward appearance in the suitor and its effects on his competence; second, suitor’s belonging to a state other than that of the fiancée; and third, his wealth or poverty and its effect on his competence. The research concluded that competence criteria are not fixed. Rather, they vary with the variation of situations. Moreover, the customs mentioned earlier have certain serious and harmful effects such as women committing prohibited things, their delinquency of temptation and sinful acts, and the spread of spinsterhood in the society. Also, the determination of competence in marriage in an unnatural manner is harmful to the family and the entire society due to its contradiction to the Shariah’s objectives of preserving the religion and progeny.</em></p> <p><strong><em>Keywords: Custom, Competence, Criteria, Marriage, Maqasid al-Shari'ah.</em></strong></p> <p>https://doi.org/10.31221/osf.io/3ybev</p> Ali Mubarak al-Safran, Miszairi Sitiris, Arif Ali Arif Copyright (c) 2019 IIUM Press http://creativecommons.org/licenses/by-nc/4.0 https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/129 Sun, 30 Jun 2019 00:00:00 +0800 The Applications of Endowment on Women’s Inheritance in the Society of Reguiba District, Algeria: An Analytical Evaluative Study https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/130 <p><em>This article discusses the waqf applications on the inheritance of women in Reguiba District of Algeria and aims to reveal the status of women in the society of Reguiba. In Reguiba, the application of endowment of inheritance is only given to males; females are excluded unjustly. There is a need of correcting this corrupt custom according to the rulings of Islamic Shariah. It will also reveal the motives of the Algerian Reguiba society for applying this injustice that is carried out by the male authority and the policy of preference which has infiltrated the mindsets of the people of Arab and Islamic societies alike. For these reasons, it is necessary to know the points of injustice, which will pave the way for speeding up the process of applying the correct Islamic laws. In this article, the researchers used the analytical and deductive approaches to produce the expected results through the review of the application of endowment of inheritance for males excluding females in the Algerian Reguiba society that is occurring in the name of so called ‘public interest’. </em></p> <p><strong><em>Keywords: Women’s Position, Applications of Endowment, Women’s Inheritance, Islamic Jurisprudence.</em></strong></p> <p>https://doi.org/10.31221/osf.io/2dhf6</p> Khawla Ghouri Bachir, Abdul Bari Awang Copyright (c) 2019 IIUM Press http://creativecommons.org/licenses/by-nc/4.0 https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/130 Sun, 30 Jun 2019 00:00:00 +0800 Maqāṣid al-SharīꜤah and Effects of Their Negligence on Religious Extremism: A Case Study of Boko Haram of Nigeria https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/131 <p><em>It is imperative to know that Allah didn’t create man except for specific goals and aims, nor did He send down His prophets except for performing special duties and functions. Likewise, for the rulings of the Shariah, there are aimed objectives and noble goals. Knowing these objectives will certainly aid the human beings to understand and implement the Shariah rulings, while being ignorant of them will cause the misunderstanding and violation of them. Maqāsid al-Shari’āh, are the aims and objectives behind the legislation of Islamic rulings. Scholars in the past and present discussed these objectives in their books, which will always remain as an important heritage for Islamic Shariah. It has also been proven that religious extremism and worldwide terrorism, which mankind observes in the present times could be linked to the ignorance or negligence of the higher objectives of Islamic law. The Boko Harām sect in Nigeria suffices as a case study on this claim. This paper discusses the concept, kinds, areas and examples of the Maqāsid as discussed by classical and modern scholars of the field. And at the end, it will discuss the effects of neglecting these objectives that have been occurring in the sect of Boko Haram. The research methods employed in this research are historical and analytical. Some recommendations are given in concluding the work.</em></p> <p><strong><em>Keywords: Maqasid al-</em></strong> <strong><em>Sharī'ah, Al-Daruriyyat, Al-Hajiyyat, Al-Tahsiniyyat, Boko-Haram.</em></strong></p> <p>https://doi.org/10.31221/osf.io/7y5ja</p> Otuyo Ibrahim Jamiu Copyright (c) 2019 IIUM Press http://creativecommons.org/licenses/by-nc/4.0 https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/131 Sun, 30 Jun 2019 00:00:00 +0800 Value-Based Intermediation: An Analysis from The Perspective of Shariah And Its Objectives https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/132 <p><em>Despite considerable growth across the globe, including Malaysia, Islamic banking and finance has witnessed substantial criticism over the lack of social concern in its economic activities, which is one of the most significant elements of the objectives of Shariah. Currently, Bank Negara Malaysia has taken a new initiative by introducing Value-Based Intermediation (VBI). It plays a crucial role in delivering the objectives of Shariah through various strategies. The aim of this paper, hence, is to explore the Shariah principles that have been embedded in VBI. It also aims to discuss the objectives of Shariah in VBI. This paper is qualitative, descriptive, and exploratory. It employs document analysis and library research whereby the data is mainly derived from both primary and secondary sources. This paper is confined to only a conceptual discussion on the implementation of Shari`ah and its objectives in VBI. The findings indicate that there are at least five Shariah principles that have been embedded in VBI. Furthermore, the general Shariah objective of having VBI is to deliver justice, establish values, and enhance social responsibility. However, the specific Shariah objective of VBI is to achieve preservation of wealth through various tools and mechanisms. Finally, this paper contributes to the body of knowledge by giving insights on the implementation of the Shariah and its objectives in VBI, and it could be used as a reference in developing a sound Islamic ethical foundation for future Islamic financial institutions that is lacking in Islamic finance literature.</em></p> <p><strong><em>Keywords: Value-Based Intermediation (VBI), Shariah, Maqasid al-Shari'ah.</em></strong></p> <p>https://doi.org/10.31221/osf.io/sbcm6</p> Rusni Hassan, Fatimah Mohamad Nor Copyright (c) 2019 IIUM Press http://creativecommons.org/licenses/by-nc/4.0 https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/132 Sun, 30 Jun 2019 00:00:00 +0800 Sukuk Default Regulation in Malaysia and United Arab Emirates: Comparative Analysis https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/133 <p><em>The nascent Islamic finance industry is still facing the challenges of uncertainties in legal regimes, Sharī’ah interpretations, the right of investors, and remedies in default circumstances. The event of Sukūk default is one of the significant challenges faced by the Islamic capital market. The recent Dana Gas Sukūk default triggered by Sharī’ah compliance interpretations has shown the extent of danger that moral hazards could cause to the entire Islamic finance space. Scholars have argued that the Sharī’ah-compliant arguments witnessed in the industry were because of the nature of the capital market framework of any particular jurisdiction and were not significantly Sharī’ah issues. This study aims to carry out a brief comparative analysis of the default cases in Malaysia and the United Arab Emirates (UAE).&nbsp; The study compares the legal jurisdiction and regulatory framework in summary-background of the judges and court decision samples based on these structures and how they have influenced Sukuk default regulations in the jurisdiction. This study employs a comparative analysis by considering fundamental elements in the regulatory framework.</em></p> <p><strong><em>Keywords: Sukuk Default, Regulatory Framework, Legal Jurisdictions.</em></strong></p> <p>https://doi.org/10.31221/osf.io/epkmt</p> Saheed Abdullahi Busari, Luqman Zakariyah, Akhtarzaite Abdul Aziz Copyright (c) 2019 IIUM Press http://creativecommons.org/licenses/by-nc/4.0 https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/133 Sun, 30 Jun 2019 00:00:00 +0800 Murābaḥah-Taꜥāwun Financing: An Innovation in Islamic Personal Financing https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/135 <p><em>Entrepreneurs, especially in developing societies, which include many Muslim countries among their fold, face a herculean task in up-scaling their businesses due to a lack of capital to procure relevant assets to grow their businesses. The world Islamic banks’ competitiveness report (2016) identified poor financial inclusion as one of the critical factors responsible for the uneven distribution of wealth in the Muslim world. This study presents the Murābaḥah-Taʻāwun financing product as an innovative addition to the range of financial products available on the Islamic banking shelf to reduce the incidence of poverty. Murābaḥah-Taʻāwun is operationalized where a group of entrepreneurs contribute funds together under a recognized Islamic bank while allowing every partner access to the fund on a rotational basis for the purchase of an asset according to a pre-defined arrangement. The study highlighted the importance of Murābaḥah-Taʻ''āwun as an Islamic financial contract by reviewing relevant extant literature. The proposed product shows that greater financial inclusion can be achieved without recourse to riba</em><em>&nbsp;and thus will reduce poverty among Muslims.</em></p> <p><strong><em>Keywords: Murābaḥah Ta'ʻāwun, Entrepreneur, Islamic Banking, Poverty, Financial Inclusion.</em></strong></p> <p>https://doi.org/10.31221/osf.io/p6ny9</p> Aminu Sikiru Olanrewaju, Saheed Abdullahi Busari Copyright (c) 2019 IIUM Press http://creativecommons.org/licenses/by-nc/4.0 https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/135 Sun, 30 Jun 2019 00:00:00 +0800 Google and Segmentation of the Islamic Finance Body of Knowledge https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/136 <p><em>The study sets out to make evident the existences of segmentation of the Islamic finance body of knowledge (BOK). The segmentation results from the combination of dependency of Islamic finance researchers on google and using Islamic finance terms (IFTs) as search keywords. The study defines Islamic finance terminology as the Arabic/Islamic terms unique to Islamic finance literature written in English, e.g. Shariah.&nbsp; A distinctive feature of Islamic finance terms is that a single term can have many spelling variations.&nbsp; Firstly, to validate the presence of BOK segmentation, we investigated spelling variation among IFTs through a variation analysis among a sample of chosen terms. Secondly, we established the dependency of producers and users of Islamic finance literature on online resources and especially Google and Google Scholar using a survey. Lastly, we observed segmentation in the BOK by examining the absence of search results that overlap for IFTs and their variations. The spelling variations among our samples ranged from zero to eight with an average of (4.8) spelling variations per IFT. The dependency rate on online resources among our respondents was (99%) on Google, while Google Scholar scored (98%). The search results’ analysis yielded zero overlaps between the search results confirming the actuality of segmentation.</em></p> <p><strong><em>Keywords: Segmentation, Islamic Finance Terms, Google, Body of Knowledge, Spelling Variation.</em></strong></p> <p>https://doi.org/10.31221/osf.io/qbt8r</p> Mohamed Hamour, Saad eldin Mansour Mohammed Copyright (c) 2019 IIUM Press http://creativecommons.org/licenses/by-nc/4.0 https://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/136 Sun, 30 Jun 2019 00:00:00 +0800