Wasiyyah Wajibah in Islamic Estate Planning: An Analysis

Wasiyyah wajibah (binding will) is legislated by the law for unprivileged grandchildren due to death of their father during the lifetime of grandfather whereas other grandchildren, i.e. cousins, stay solvent. Contemporary Muslim scholars disagree on the obligatory status and category of inheritors of wasiyyah wajibah as well as confusion appears over its consumption among Muslim society. Hence, this study using an analytical method, aims to examine the legitimacy of wasiyyah wajibah and its parameters. The most important finding of this study is that wasiyyah wajibah is legitimate due to grandchildren’s sustenance and it is binding (wajibah) due to the authority of law as the judgment of ruler settles the dispute. Thus its legitimacy abides by the general principles of Islamic law. The study also concludes that the obligation of wasiyyah has been abrogated by the verse of inheritance only for the parents and relatives who inherit from the deceased’s legacy, not for the parents and relatives who are deprived from the deceased. Wasiyyah wajibah shall abide by the fundamentals of wasiyyah in Islamic law and the deceased’s volume of legacy will be the benchmark of the portion of grandchildren. Finally, wasiyyah wajibah signify the social justice and social solidarity of Islamic inheritance law (fara’id)

Takyif fiqhi on the permissibility of ijarah mawsufah fi al-dhimmah: a critical analysis

Ijarah mawsufah fi al-dhimmah (hereinafter referred to as IMAD), also known as forward ijarah¸ is an Islamic financial product that involves the sale of an identified asset currently being produced or constructed for a future delivery such as a property, office, factory, and so forth. In the classical fiqh literature, it has been discussed under the general purview of leasing and forward sale contracts. However, in the context of modern Islamic finance practice Islamic banks and financial institutions have upheld its usage as an independent financial instrument. The contemporary scholars claim that except for Hanafi, other key fiqh schools consider IMAD as an Islamic financial product. The study is an attempt to prove that such a claim is merely based on assumption. Besides, it is motivated by lack of holistic study of Hanafi’s original reference books. The methodology chosen for this study is content analysis of the relevant published literatures. The study finds that no classical scholars including those of Hanafi school of thought were in disagreement so far over the IMAD to consider it as an independent and standalone Islamic finance product. The study aims at reconciling scholars’ different views on the issue of IMAD for its wider acceptance

Child labour: Islamic perspective / Abu Talib Mohammad Monawer and Dewan Mahboob Hossain

The issue of child labour got immense importance from the people around the world. Many researchers have highlighted the negative effects of hazardous child labour. However, it is also true that child labour is a common phenomenon in the developing as well as underdeveloped countries where poor families send their children to work for the economic sustenance. This article is an attempt to understand whether child labour is acceptable in the eyes of a religion – Islam. This conceptual paper makes an attempt to find solution of this ethical dilemma by analysing Islamic teachings derived from the Qur’an, the Sunnah, the comments of the Islamic scholars, and several historical evidences such as the case of the Prophet’s young companion- Anas and the case of fetus in uterus of Ghamidiyyah- the adulteress women. From the context of the economic conditions of citizens from poor Islamic countries, the issue of child labour arises as an ethical dilemma. This paper makes an attempt to provide a solution in the light of Islamic teachings. The paper concludes that Islam allows child labour that is not hazardous and unethical. In order to eliminate hazardous child labour, initiatives should be taken from four levels: individual level, family level, employment level, and state level

THE CONTRIBUTIONS OF CLASSICAL ‎SCHOLARS TO THE THEORY OF MAQĀṢID AL-SHARĪ‘AH

Background and Purpose: Several classical scholars who contributed to developing the theory of the maqāṣid al-sharīʿah are overlooked in the contemporary studies of maqāṣid. Most ‎contemporary studies focused on al-Juwaynī, al-Ghazālī and al-Shāṭibī. However, studying a theory requires investigating all the classical works that pioneered the theory without discrimination. This could provide new insights for the study of maqāṣid. This paper addresses this oversight by reviewing the works of early maqāṣid scholars, how much attention contemporary studies have paid to those scholars’ contribution, and suggests directions for future research.   Methodology: This study used the qualitative content analysis technique to identify the scholars who contributed to the theory of maqāṣid al-sharīʿah via a thorough reading of the history of the maqāṣid al-sharīʿah as found in contemporary literature. To trace the available studies conducted on the classical scholars and gaps in the literature, the researchers examined the catalogues, indexes, and lists collected. This study encompassed scholars who lived between the 2nd and 13th centuries when the philosophy of the maqāṣid al-Sharīʿah evolved.    Findings: The theorisation of maqāṣid al-Sharīʿah was initiated by al-ʿĀmirī‎, formalised by al-Juwaynī followed by al-Ghazālī and crystallised by al-Shāṭibī‎. Moreover, several other scholars contributed to the development of the theory even though they did not document their works as books. Nonetheless, most contemporary studies are confined to studying the works of the famous three scholars mentioned earlier.      Contributions: It is expected that the research gap identified in this paper pertaining to studying the works of classical maqāṣid scholars may ‎serve as a springboard for future studies in this field. Most importantly, investigating the works of Imām Abū Ḥanīfah, al-Rāghib al-Aṣfahānī, Abū Zayd al-Balakhī, Abū Bakr al-Jaṣṣāṣ, Abul Ḥasan‎ Al-ʿĀmirī‎, al-Qāḍī ʿAbdul Jabbār al-Hamadhānī, Abū ‘Abdullāh Muḥammad ʿAbdur Raḥmān al-Bukhārī, Ibn Khaldūn‎ and al-Shawkānī may offer fresh perspectives on the understanding of maqāṣid al-sharīʿah.    Keywords: Maqāṣid al-Sharīʿah, classical scholars, contemporary studies, Islamic jurisprudence, research gap.   Cite as: Monawer, A. T. M., Rahman, N. N. A., & Abdullah, M. F. (2023). The contributions of classical ‎scholars to the theory of maqāṣid al-Sharī‘ah. Journal of Nusantara Studies, 8(2), 242-265. http://dx.doi.org/10.24200/jonus.vol8iss2pp242-26

DO FATWAS HAMPER MUSLIM WOMEN’S SOCIO-ECONOMIC PARTICIPATION IN MALAYSIA?

A number of studies show that, in Malaysia, women continue to make significant contributions to the country’s economic and social development. Moreover, women’s access to health and education has increased rapidly over the years. However, some studies claim that socio-economic discrimination against Muslim women persists. Although several factors contribute to this discrimination, fatwas (a legal opinion of Muslim jurists on Muslim affairs) are accused of discriminating against Muslim women in Malaysia such as prohibiting the appointment of female judges in shariah courts, employment of women for night shifts i.e. in the electronic factories, police force, and hospitals. Women’s socio-economic participation is important as it empowers them and creates gender equality. This paper reviews 16 fatwas on five topics relevant to women’s socio-economic participation in Malaysia issued by 11 state muftis (who issue fatwa) during the period of 1970 to 2012 in order to realize whether they hamper their participation. Using a qualitative content analysis approach, this paper concludes that fatwas had neither affected their socio-economic participation nor shaped their life negatively. This paper is hoped to positively shape the society’s impression of fatwas and help Muslim women in Malaysia abide to Islamic teachings by realizing the good impacts of fatwas issued.  Keywords: Fatwa, Muslim, women, socio-economic participation, Malaysia. Cite as: Mohammad Monawer, A. T., Grine, F., Abdullah, M. F., & Mohd Nor, M. R. (2019). Do fatwas hamper Muslim women’s socio-economic participation in Malaysia? Journal of Nusantara Studies, 4(1), 232-245. http://dx.doi.org/10.24200/jonus.vol4iss1pp232-24

An Appraisal Of Al-Ijarah Al-Mawsufah Fi Al- Dhimmah (Forward Ijarah) From Fiqh Perspective

<p>Al-Ijarah Al-Mawsufah Fi Al-Dhimmah (Forward Ijarah) is a new form of transactions introduced to the Islamic banking industry which has original ground in the classical books of Islamic Jurisprudence. Most of the classical scholars discussed it with particularized ijÉrah in parallel without any separation of chapters or headings unlike al-BahËtÊ and al-MinhÉjÊ. The scholars of four schools of Islamic Law are unanimously agreed on the legality of forward ijÉrah albeit some contemporary scholars mention the early dispute in this regard and attribute prohibition of forward ijÉrah to ×anafÊ School. This attribution is not accurate as it is proved by their many classical texts. Forward ijÉrah could be more flexible for both customers and banks to the extent that it does not become void if the stipulated usufruct damages while particularized ijÉrah becomes void because of damage of the object. Therefore, there is a need for further research in this regard in order to innovate some new tools that can improve the services of Islamic financial intuitions.</p