Modern applications of profit-sale (Bayʿ murābaḥah) from a Maqāsid Sharīʿah perspective

This paper looks into profit-sale (murābaḥah), a nominal sale contract in Islam, in search for Shari'ah objectives embedded in the corpus and in the terms and conditions of the contract. In light of these objectives, applications of the profit-sale contract as a financing tool by the Islamic Finance Institutions (IFIs) are examined. The study discovers that some modern applications bypass the primary Shari'ah objectives of a sale contract, such as the seller taking liability of possible risks and having real possession of the items on sale. Contrary to this, the seller transfers his liability to the customer, and takes possession (qabḍ) of the goods on paper only, instead of possession in the real sense. Such applications distort the mode of trading real goods into a mere disguise for an increase on credit or riba

Forty hadith on leading the way

This Forty Hadith Collection focusses on the four cardinal principles of “Leading the Way” the tagline of IIUM leadership. KhalÊfah (Stewardship), AmanÉh (Trust), Iqra’ (Knowledge), and RaÍmatan lil ÑÓlamÊn (Mercy for the worlds) are the ingredients for making balanced individuals (insan sejahtera). With acculturing these principles, educational leaders can empower people, preserve the planat, build prosperity, and foster peace. This forty hadith collection in relation to the four cardinal principles will open windows to the vast realm of leadership and transformation in tandem with the Islamic worldview

Covid-19 from the perspective of Islamic theology and spirituality

We are not in the starting stage of Covid-19, but in the management stage. A pandemic like Covid-19 requires a holistic management approach. Prevention, treatment, social support and emotional management all have to come into play. The last three months of covid-19 saw scholars presenting verses of the Qur’an, Prophet’s hadiths, Islamic rulings, and moral teachings. All these deliberations provide an outline for the management of covid-19 from various perspectives. Are these deliberations in line with the Islamic Spirituality concept? This Webinar intends to answer this question

The position of custom ('Urf/'Adat) in issuing fatwa: in the works of Ibn 'Abidin al-Shami (d. 1252/1836)

Fatwa issued currently by Shari'ah scholars, committees, and muftis occasionally fall short of meeting the challenges of modern society. Ibn 'Abidin’s concept of custom (‘urf) and its application provide a basic guide to meet the modern challenges in its totality. The present work refers to his three works—Sharh 'Uqud Rasm al-Mufti, Nashr al-'urf fi bina ba'd al-ahkam 'ala al-'urf, and Radd al-Muhtar 'ala al-Durr al-Mukhtar Sharh Tanwir al-Absar (al-Ḥashiyah)—written in 13th century A.H. These works present 'urf as a practical instrument for muftis and those responsible to issue fatwa. The first work is used as an overall framework, while the other two works offer commentaries on the latter, providing details and cases of application. This work enunciates that Ibn 'Abidin identifies custom as effective in Islamic law only if it fulfills the condition to specify the legal text (takhsis al-nass), without opposing it completely. The variations of 'urf in society will only affect those legal issues that are custom-related and not directly based on nass (Qur’an and Sunnah). Moreover, all custom-related issues in manifest rulings (zahir al-riwayah) of a Legal School are subjected to change as custom changes

Qadr and Akhirah as the articles of faith

Presented in Islamic Input in Medical Programme (IIMP), Kulliyah of Medicine, IIUM

Islamic Input in Medical Programme (IIMP): Qadr and akhirah as the articles of faith (Part 1)

This is a presentation on the 6th article of faith Qada wa qadr presented online to first year students of Kulliyah of Medicine, IIUM Kuantan. The presentation commences with hadith Jibril, and explains the meaning of believing in Qada and Qadr and its four facets, Knowledge of Allah, Pre-recording, the Will of Allah, and Creation. Important points such as Creative power of Allah, Good and Evil, Trial, Freedom for and Freedom from all are elaborated. Excuse of Negligence, a misconception often arising in relation to Qadr is clarified. The presentation ends with a list of benefits of believing in Qada and Qadr

Issues related to Death Sakarat al-Maut (The Agonies of Death)

A paper presented in Janazah Management Awareness 01/21 workshop conducted by SASMEC@IIUM

Breastfeeding, kinship, milk bank in Islam and contemporary challenges

This presentation discusses three areas, breastfeeding as an infant’s right, breastfeeding in Islam establishes kinship (nasab) and Milk Bank in Muslim Community/Country. The findings show that Islam is not opposing breastfeeding through mother or wet nurse. Instead, Islam obligates breastfeeding for infants in needs. The line of distinction between Islamic and western breastfeeding is establishment of kinship through breastfeeding. Islam calls for utmost respect of milk-kinship that is similar to kinship established through bloodline. Since the fatwas prohibiting Milk Banks are revolving around the issue of mixing and creating doubt in kinship, the new SOP of Milk Banks can be designed to avoid this issue

Deferred sale (Bai' Mu'ajjal/Bai' bi Thaman Ajil (BBA)): its origin and validity from a Maqasid Shari'ah perspective

Deferred sale (Bai’ mu’ajjal), in the Islamic Banking and Finance world widely known as Bai’ bi thaman ajil (BBA), is used as an extension to Profit-sale (Bai’ murabahah); both sales complement each other. The Profitsale sells the commodity with profit over the cost price, and BBA plays the role of receiving that payment on deferred or installment basis. BBA has become the “premier consumer financing facility” for the Islamic financial institutions(IFIs). This paper deals with deferred sale precisely. It looks into its origin and its transition from void to valid sale. Its application as trade contract and its modern application as financing tool is analysed in the light of the maqāṣid Sharīʿah

The creative mufti: Ibn Abidin (d.1252 AH/1836 CE)

The eminent thirteenth century /early–nineteenth century Damascene scholar Muhammad Amin ibn Umar ibn Abd al-Aziz, better known as Ibn Abidin al-Shami especially in South Asian Hanafite circles, was an Alid sayyid descended from Ismail ibn Jafar al-sadiq. Born in 1198 AH /1784 CE in al-Qunawat quarter of the city of Damascus he took his early education in the Shafi legal school, then adopted the Hanafa juridical school. Under the leading Hanafi Shaykhs Shakir al-Uqqad al-Umari and Said al-Halabi he studied inheritance law & mathematics, legal theory, the Hadith disciplines, Qur’an exegesis, mysticism (tasawwuf), as well as various rational disciplines (ulum aqliyah)..........