Juridical Approaches in the Opinions of Proponents and Opponents of Marriage of Minors: المقاربات الفقهية في رؤية المجيزين والمانعين في زواج الصغيرات

The aim of this research is to present the jurisprudential opinions concerning the marriage of minors, both those in favor and those against, to facilitate the understanding of the ruling sought by students of knowledge and others in this matter and to explain the benefits and drawbacks of the marriage of minors. My reason for choosing this topic is the diversity of jurisprudential opinions surrounding the marriage of minors and the desire to clarify the issue of the marriage of minors from a jurisprudential perspective to serve Islamic jurisprudential heritage and address the lack of knowledge among some Muslims regarding such rulings. The importance of this research lies in its role as a jurisprudential Islamic study aimed at understanding the jurisprudential rulings related to the marriage of minors. The research plan is organized into an introduction and two sections. The first section “the marriage of minor girls, its concept and types” is divided into three sub-sections. The first sub-section is on what is meant by the marriage of minor girls. The second sub-section is on the objectives of marriage. The third sub-section is on the types of minors in Islamic jurisprudence. The second section “Jurisprudential approaches to the marriage of minor girls” is also divided into three sub-sections. The first sub-section is on the view of those who permit it, their evidences and benefits of this type of marriage. The second sub-section is on the position of those who oppose it, their evidences and drawbacks of this marriage. The third sub-section is about the preference between the opinion of the majority of scholars and their opponents. The study concluded with a number of results, including: citing evidence from the Qur’ān and Sunnah, the majority of scholars are of the opinion that the marriage of young girls (underage girls) is permissible. Among the benefits of this permissibility is that not specifying an age for marriage sometimes serves the interest (maṣlaḥah). In some cases, early marriage of a boy and a girl who possess somewhat mental and psychological abilities beyond their age has a positive effect that lies in assuming responsibility. According to the view of the opponents, among the legal disadvantages are: the purpose of marriage, of course, is to satisfy one’s desire, and there is no desire for children, and according to the Sharīʽah, procreation and childhood are incompatible with them. Finally, consideration must be given to setting specific goals for this marriage and not generalizing the ruling on it and setting legal regulations for it that estimate the need motivating this marriage

The Jurisprudential Contents of the Standard about the Procrastinating Debtor and Their Effects on Banking Practice in Turkish Partnership Banks: المضامين الفقهية لمعيار المدين المماطل وآثارها على الممارسة المصرفية في البنوك التشاركية التركية

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

Bay’ al-Istijrār in Letter of Credit in the Light of the Decision of the Central Bank of Malaysia: An Applied Analytical Study: بيع الاستجرار في الاعتماد المستندي في ضوء قرار البنك المركزي الماليزي: دراسة تحليلية تطبيقية

This research aims to study the application of Bay' al-Istijrār in contemporary transactions, particularly in the context of the letter of credit. With the widespread use of contemporary banking transactions adopting various forms of Bay' al-Istijrār, it becomes crucial to examine these forms to ensure their compliance with the pillars and conditions of permissible transactions. Despite the Central Bank of Malaysia's decision to implement Bay' al-Istijrār in the letter of credit, a comprehensive study focusing on this application and its alignment with the pillars and conditions of Bay' al-Istijrār by jurists was not found by the researchers. To address this gap, the researchers employed both the inductive and analytical approaches. The research yielded significant findings, including that the Bay' al-Istijrār has different forms, some of which are permissible, and some others are forbidden; and the letter of credit based on the sale of rent, as stated by some jurists, is permissible

Marital Discord Resolution in AbdulHamid AbuSulayman’s Viewpoint: A Maqāṣidic Analysis: حل الشقاق الزوجي في نظر عبد الحميد أبو سليمان: تحليل مقاصدي

The research aims to illustrate the viewpoints of AbdulHamid AbuSulayman on marital discord’s resolution, which he corresponded in one of his pivotal books entitled “Marital Discord: Recapturing Human Dignity through the Higher Objectives of Islamic Law”. He profoundly noticed a long lasting and historical debate among scholars of Islam regarding the chastisement of a wife and its intensity whether a mark of beating could be seen on her body, or a slight beating with a light stuff like a siwāk (toothbrush) could be enough to chastise. AbuSulayman entirely disagreed with such perception of beating and claimed that where the foundation of a family in Islam is based on affection, compassion, cooperation, and benevolence, how coercion, repression, or abuse should have the space there? He also argued that how an adult person can beat another adult while each spouse has the right to leave the family and terminate the marital bond when it becomes detrimental? Conversely, scholars like Ibn Abi Hatim, Ibn Jarir and other classical scholars of four madhāhib endorsed the husband’s role to discipline his wife by slight beating. Modern scholars like Muḥammad ʽAbduh, Rashīd Riḍā, Sayyid Quṭb and Yūsuf al-Qaradāwī also opined the same. To resolve disputes between spouses, AbuSulayman proposed some steps that could be taken by a husband to normalize the relationship avoiding any chastisement. The study followed a qualitative methodology, where the researchers extensively studied the aforementioned book and other related sources and analysed the author’s viewpoints and that of other scholars from Maqāṣid al-Sharīʽah perspective

The Role of Islamic Social Finance Instruments Towards Poverty Alleviation in Nigeria: A Juristic Analysis: دور أدوات التمويل الاجتماعي الإسلامي في التخفيف من حدة الفقر في نيجيريا: تحليل فقهي

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

The Reality of Utilizing Interest-Based Wealth in the Charitable Islamic Institutions in West Sumatra, Indonesia: Problems and Solutions: واقع استغلال الأموال الربوية في المؤسسات الخيرية الإسلامية في سومطرة الغربية إندونيسيا: إشكالياته وحلوله

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

Methods of Calculation for Solving the Issues of Obligatory Will: An Inductive, Analytical and Comparative Study: الطرق الحسابية في حل مسائل الوصية الواجبة: دراسة استقرائية تحليلية مقارنة

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 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: فلسفة عدم تحديد الحد الأكثر لصداق المرأة في الشريعة الإسلامية ودوره في تعزيز المعاشرة المعروفة في المجتمع البشري

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

Cash Waqf in Islamic Jurisprudence and its Applicability to Support Health Care in the Muslim Community in Ghana: الوقف النقدي في الفقه الإسلامي وإمكانية تطبيقه لدعم الرعاية الصحية في المجتمع الإسلامي الغاني

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