Hiyal (Legal Stratagems) in Islamic Finance: Systematic Literature Review

Purpose: The aim of this study is to systematically review the existing literature on the application of Hiyal (legal stratagems) in Islamic finance. The article visualizes the linkages between different authentic works done on the topic and how the topic has evolved through the decades.   Theoretical framework: The article visualizes the linkages between different authentic works done on the topic and how the topic has evolved through the decades.   Design/methodology/approach:  A systematic literature review of published peer-reviewed articles on Hiyal(legal stratagems) was conducted. A comprehensive search strategy was applied to retrieved 35 articles from 25 leading journals published between 1997 and 2021.   Findings:  The research found that the existing knowledge on the topic especially of the current century is more focused on Riba (usury) stratagems to circumvent the prohibitions of the conventional capitalist financial system. It is because the discussion popped up as a reaction to the modern Islamic financial system, especially from traditional scholars. Malaysia and a few western countries have contributed the most to the topic.   Research, Practical & Social implications:  This review provides a significant contribution to Islamic finance literature by identifying the related discussions in the area and pointing the gap that need to be further explored.   Originality/value:  It is concluded that the literature on the topic ‘the application of Hiyal(legal stratagem in Islamic financial law” is less in numbers and not well-integrated, as the topic is still in the growing stage

The Application of Simons’ “Levers of Control” in the Quran and Sunna

Simons'1 “levers of control” is a strategy-based framework that takes into consideration the belief systems of and the functions and interactions within an organization. The purpose of this article is to discuss Simons' levers of control from an Islamic viewpoint, based on the teachings of the Quran and Sunna. It demonstrates that the concept of “levers of control”, as posited by Simons, does not contradict the basic tenets of Islam. In fact, all the main components of the levers of control - belief system, boundary system, diagnostic control system, and interactive system - were actually emphasized and vigorously implemented by Prophet Muhammad SAW. However, these practices have never before been organized into well-arranged and systematic categories that can be used as guidelines by Islamic organizations. Such organizations should aspire to implement comprehensively the practices of Prophet Muhammad SAW in all aspects of organizational management functions, including those related to control. However, in the absence of clear and comprehensive guidelines, any implementation may not be appropriate or in accordance with the practices of Prophet Muhammad SAW. More importantly, incorrect implementation as a result of limited understanding or misunderstanding of the Prophet's SAW practices can affect the overall perception of Islam. By properly utilizing the levers of control, organizations that strive to emulate the practices of Prophet Muhammad SAW in their operations can be successful

The Application of Simons’ “Levers of Control” in the Quran and Sunna

Simons'1 “levers of control” is a strategy-based framework that takes into consideration the belief systems of and the functions and interactions within an organization. The purpose of this article is to discuss Simons' levers of control from an Islamic viewpoint, based on the teachings of the Quran and Sunna. It demonstrates that the concept of “levers of control”, as posited by Simons, does not contradict the basic tenets of Islam. In fact, all the main components of the levers of control - belief system, boundary system, diagnostic control system, and interactive system - were actually emphasized and vigorously implemented by Prophet Muhammad SAW. However, these practices have never before been organized into well-arranged and systematic categories that can be used as guidelines by Islamic organizations. Such organizations should aspire to implement comprehensively the practices of Prophet Muhammad SAW in all aspects of organizational management functions, including those related to control. However, in the absence of clear and comprehensive guidelines, any implementation may not be appropriate or in accordance with the practices of Prophet Muhammad SAW. More importantly, incorrect implementation as a result of limited understanding or misunderstanding of the Prophet's SAW practices can affect the overall perception of Islam. By properly utilizing the levers of control, organizations that strive to emulate the practices of Prophet Muhammad SAW in their operations can be successful

Analysis of legal stratagems cases in the Quran and Sunnah

Legal stratagems or Hiyal are the means to reach an end in an unconventional way. Every law consists of this kind of exits for special cases, but these concessions can become a source to circumvent the objectives of the law. Islamic law is the divine law regulated by Allah SWT for all human beings. The primary foundations of this law are the Holy book of Allah SWT and the life of His Prophet PBUH. The researcher aims to analyze the twelve stratagem cases mentioned in the Quran and Sunnah to extract a generalized ruling about applying Ḥilah in Islamic law. The researcher studied each and every case, its background, impact, related department of Islamic law in detail. He found that Ḥiyal are permissible subject to the intensity of need, the intention of the doer, and not evading the higher object of Shari’ah. Some cases of Quran and Sunnah are not pure legal stratagems, but dual meaning sentences used for a valid purpose

The Writing of Hadith in the Era of Prophet Muhammad: A Critique on Harun Nasution’s Thought

The discussion regarding the writing of hadith during the life of the Prophet is a contentious topic within the area of Islamic and hadith studies both in the West and in the Islamic world. Orientalists write their work on hadith with a presumption that hadith has never been written during the life of Prophet Muḥammad. They contend that hadith text only emerged in the third century of Hijrah, i.e. in the era of al-Bukhāri. A few others believe that it started in the era of Malik of the Umayyad. This orientalist’ mindset affects some Muslim intellectuals who accept this premise. One of them is Harun Nasution, a well respected great mind who wrote a book entitled Islam Ditinjau Dari Berbagai Aspeknya (Islam Viewed from Various Aspects). However, historical evidence demonstrates that the writing of hadith was carried out at the time when the Prophet was still alive. A number of sheets were discovered, which contain hadith text compilations narrated by the companions of the Prophet, such as the Ṣahīfah of  ͑Ali bin Abi Ṭalib, Ṣahifah of Jābir bin  ͑Abdillah, and others. Some scholars have misunderstood the message in a saying of the Prophet that prohibited the writing of hadith. They have ignored other hadith that negated the previous hadith by which the Prophet allowed the writing of hadith in his life time. Even though there are a number companions who did not write hadith in this period, it does not mean hadith were not allowed to be written, but it was due to their own preference not to write the hadith.[Perdebatan tentang penulisan hadits masa kehidupan Nabi tetap menjadi tema yang hangat dalam kajian keislaman dan kajian hadits, baik di barat maupun di dunia Islam sendiri. Beberapa orientalis berpendapat bahwa hadits tidak ditulis pada masa Nabi Muhammad. Mereka menyebutkan teks hadits mulai muncul abad ketiga hijriah, misalnya pada era Bukhari. Lainnya percaya bahwa teks hadits dimulai pada masa Malik al Umayyad. Perspektif seperti orientalis ini diterima oleh beberapa intelektual muslim Indonesia, salah satunya Harun Nasution yang menulis buku Islam ditinjau dari Berbagai Aspeknya. Bagaimanapun bukti sejarah menunjukkan penulisan hadits sudah dimulai ketika Nabi masih hidup. Sejumlah lembaran yang mengandung kompilasi teks hadits dari beberapa sahabat Nabi seperti, Ṣahīfah dari Ali bin Abi Ṭalib dan Ṣahifah dari Jābir bin  ͑Abdillah. Sejumlah akademisi keliru dalam memahami pesan Nabi yang melarang menuliskan hadits. Mereka mengabaikan hadits yang menegasikan hadits sebelumnya yang membolehkan penulisan hadits selama hidup Nabi. Meskipun ada sejumlah sahabat yang melarangnya, namun ini bukan berarti hadits tidak diijinkan untuk ditulis, tetapi hal ini lebih terkait dengan masing-masing referensi untuk tidak menuliskannya.

Characteristics and outcomes of COVID-19 patients admitted to hospital with and without respiratory symptoms

Background: COVID-19 is primarily known as a respiratory illness; however, many patients present to hospital without respiratory symptoms. The association between non-respiratory presentations of COVID-19 and outcomes remains unclear. We investigated risk factors and clinical outcomes in patients with no respiratory symptoms (NRS) and respiratory symptoms (RS) at hospital admission. Methods: This study describes clinical features, physiological parameters, and outcomes of hospitalised COVID-19 patients, stratified by the presence or absence of respiratory symptoms at hospital admission. RS patients had one or more of: cough, shortness of breath, sore throat, runny nose or wheezing; while NRS patients did not. Results: Of 178,640 patients in the study, 86.4 % presented with RS, while 13.6 % had NRS. NRS patients were older (median age: NRS: 74 vs RS: 65) and less likely to be admitted to the ICU (NRS: 36.7 % vs RS: 37.5 %). NRS patients had a higher crude in-hospital case-fatality ratio (NRS 41.1 % vs. RS 32.0 %), but a lower risk of death after adjusting for confounders (HR 0.88 [0.83-0.93]). Conclusion: Approximately one in seven COVID-19 patients presented at hospital admission without respiratory symptoms. These patients were older, had lower ICU admission rates, and had a lower risk of in-hospital mortality after adjusting for confounders

Association of Country Income Level With the Characteristics and Outcomes of Critically Ill Patients Hospitalized With Acute Kidney Injury and COVID-19

Introduction: Acute kidney injury (AKI) has been identified as one of the most common and significant problems in hospitalized patients with COVID-19. However, studies examining the relationship between COVID-19 and AKI in low- and low-middle income countries (LLMIC) are lacking. Given that AKI is known to carry a higher mortality rate in these countries, it is important to understand differences in this population. Methods: This prospective, observational study examines the AKI incidence and characteristics of 32,210 patients with COVID-19 from 49 countries across all income levels who were admitted to an intensive care unit during their hospital stay. Results: Among patients with COVID-19 admitted to the intensive care unit, AKI incidence was highest in patients in LLMIC, followed by patients in upper-middle income countries (UMIC) and high-income countries (HIC) (53%, 38%, and 30%, respectively), whereas dialysis rates were lowest among patients with AKI from LLMIC and highest among those from HIC (27% vs. 45%). Patients with AKI in LLMIC had the largest proportion of community-acquired AKI (CA-AKI) and highest rate of in-hospital death (79% vs. 54% in HIC and 66% in UMIC). The association between AKI, being from LLMIC and in-hospital death persisted even after adjusting for disease severity. Conclusions: AKI is a particularly devastating complication of COVID-19 among patients from poorer nations where the gaps in accessibility and quality of healthcare delivery have a major impact on patient outcomes

Thrombotic and hemorrhagic complications of COVID-19 in adults hospitalized in high-income countries compared with those in adults hospitalized in low- and middle-income countries in an international registry

Background: COVID-19 has been associated with a broad range of thromboembolic, ischemic, and hemorrhagic complications (coagulopathy complications). Most studies have focused on patients with severe disease from high-income countries (HICs). Objectives: The main aims were to compare the frequency of coagulopathy complications in developing countries (low- and middle-income countries [LMICs]) with those in HICs, delineate the frequency across a range of treatment levels, and determine associations with in-hospital mortality. Methods: Adult patients enrolled in an observational, multinational registry, the International Severe Acute Respiratory and Emerging Infections COVID-19 study, between January 1, 2020, and September 15, 2021, met inclusion criteria, including admission to a hospital for laboratory-confirmed, acute COVID-19 and data on complications and survival. The advanced-treatment cohort received care, such as admission to the intensive care unit, mechanical ventilation, or inotropes or vasopressors; the basic-treatment cohort did not receive any of these interventions. Results: The study population included 495,682 patients from 52 countries, with 63% from LMICs and 85% in the basic treatment cohort. The frequency of coagulopathy complications was higher in HICs (0.76%-3.4%) than in LMICs (0.09%-1.22%). Complications were more frequent in the advanced-treatment cohort than in the basic-treatment cohort. Coagulopathy complications were associated with increased in-hospital mortality (odds ratio, 1.58; 95% CI, 1.52-1.64). The increased mortality associated with these complications was higher in LMICs (58.5%) than in HICs (35.4%). After controlling for coagulopathy complications, treatment intensity, and multiple other factors, the mortality was higher among patients in LMICs than among patients in HICs (odds ratio, 1.45; 95% CI, 1.39-1.51). Conclusion: In a large, international registry of patients hospitalized for COVID-19, coagulopathy complications were more frequent in HICs than in LMICs (developing countries). Increased mortality associated with coagulopathy complications was of a greater magnitude among patients in LMICs. Additional research is needed regarding timely diagnosis of and intervention for coagulation derangements associated with COVID-19, particularly for limited-resource settings

Characteristics and outcomes of an international cohort of 600 000 hospitalized patients with COVID-19

Background: We describe demographic features, treatments and clinical outcomes in the International Severe Acute Respiratory and emerging Infection Consortium (ISARIC) COVID-19 cohort, one of the world's largest international, standardized data sets concerning hospitalized patients. Methods: The data set analysed includes COVID-19 patients hospitalized between January 2020 and January 2022 in 52 countries. We investigated how symptoms on admission, co-morbidities, risk factors and treatments varied by age, sex and other characteristics. We used Cox regression models to investigate associations between demographics, symptoms, co-morbidities and other factors with risk of death, admission to an intensive care unit (ICU) and invasive mechanical ventilation (IMV). Results: Data were available for 689 572 patients with laboratory-confirmed (91.1%) or clinically diagnosed (8.9%) SARS-CoV-2 infection from 52 countries. Age [adjusted hazard ratio per 10 years 1.49 (95% CI 1.48, 1.49)] and male sex [1.23 (1.21, 1.24)] were associated with a higher risk of death. Rates of admission to an ICU and use of IMV increased with age up to age 60 years then dropped. Symptoms, co-morbidities and treatments varied by age and had varied associations with clinical outcomes. The case-fatality ratio varied by country partly due to differences in the clinical characteristics of recruited patients and was on average 21.5%. Conclusions: Age was the strongest determinant of risk of death, with a ∼30-fold difference between the oldest and youngest groups; each of the co-morbidities included was associated with up to an almost 2-fold increase in risk. Smoking and obesity were also associated with a higher risk of death. The size of our international database and the standardized data collection method make this study a comprehensive international description of COVID-19 clinical features. Our findings may inform strategies that involve prioritization of patients hospitalized with COVID-19 who have a higher risk of death

Liver injury in hospitalized patients with COVID-19: An International observational cohort study

Background: Using a large dataset, we evaluated prevalence and severity of alterations in liver enzymes in COVID-19 and association with patient-centred outcomes.MethodsWe included hospitalized patients with confirmed or suspected SARS-CoV-2 infection from the International Severe Acute Respiratory and emerging Infection Consortium (ISARIC) database. Key exposure was baseline liver enzymes (AST, ALT, bilirubin). Patients were assigned Liver Injury Classification score based on 3 components of enzymes at admission: Normal; Stage I) Liver injury: any component between 1-3x upper limit of normal (ULN); Stage II) Severe liver injury: any component & GE;3x ULN. Outcomes were hospital mortality, utilization of selected resources, complications, and durations of hospital and ICU stay. Analyses used logistic regression with associations expressed as adjusted odds ratios (OR) with 95% confidence intervals (CI).ResultsOf 17,531 included patients, 46.2% (8099) and 8.2% (1430) of patients had stage 1 and 2 liver injury respectively. Compared to normal, stages 1 and 2 were associated with higher odds of mortality (OR 1.53 [1.37-1.71]; OR 2.50 [2.10-2.96]), ICU admission (OR 1.63 [1.48-1.79]; OR 1.90 [1.62-2.23]), and invasive mechanical ventilation (OR 1.43 [1.27-1.70]; OR 1.95 (1.55-2.45). Stages 1 and 2 were also associated with higher odds of developing sepsis (OR 1.38 [1.27-1.50]; OR 1.46 [1.25-1.70]), acute kidney injury (OR 1.13 [1.00-1.27]; OR 1.59 [1.32-1.91]), and acute respiratory distress syndrome (OR 1.38 [1.22-1.55]; OR 1.80 [1.49-2.17]).ConclusionsLiver enzyme abnormalities are common among COVID-19 patients and associated with worse outcomes