50 research outputs found
Islamic perspective in Halal Science: analysis of Ijtihad methodology of Halal and Haram in contemporary realities
The significance of the Islamic principles of Halal and haram to a sustainable society cannot be overemphasized in the current global struggle against socio-economic, medical, and environ-mental issues. It is fair to say that halal science products and services are becoming attractive to corporate industries, especially in the food, medicine, and entertainment industry. Although re-lated studies in the Halal industry have been gaining attention in recent times with the global economic outlook to hit dollars $4.96 trillion by 2030. However, little is known about the research that speaks to the fundamental Islamic principles of halal and haram in medicine, food, enter-tainment, and service industries. Modern industries are conscious of employing workers that can contribute to the sustainability of the business amid the emerging contemporary realities. This study aims to explicate contemporary Ijtihad methodology of Taḥqīq manāt al-hukm (verifying causal effect existence) and takhrīj manāt al-hukm (coming up with effective cause) in the matter of medicine, pharmaceutical, food, entertainment, and service industry. To this effect, the study employs qualitative methodology in data gathering and analysis of classical and contemporary literature reviews. This study proposes a comprehensive Ijtihad methodology and application to understanding the modern realities of Halal and Haram in food additives using blood plasma
الاستقوا ء بين الطلاب في المدارس: أسبابه وآثاره وحلوله من منظور إسلامي = Bullying among students: its causes, effects and solutions from an Islamic perspective
Bullying is one of the most common forms of violence among students in the learning environment. It is an
intentional aggressive behavior situation performed repeatedly by a group or an individual over time against a
victim who is unable to easily defend himself. There are three criteria for bullying among students: the first is
the intention of aggression, then repeated act, and the imbalance of power against the interest of others. Studies
have proven that over 30 % of students among peers have been victims of bullying behaviour, abuse of power
and aggressiveness. In order to alleviate these threats to the peaceful coexistence of students, the social experts
and decision-makers are more concerned in searching for a cure towards preventing aggressive behaviour
among students during the academic period. Therefore, this research aims to put in place an integrated
framework to prevent bullying between peers in schools in light of the higher objectives of SharīÑah. To achieve
this goal, the concept of bullying and the reasons for its spread among students are clarified in this study. The
descriptive and analytical approaches are employed to clarify the concept of bullying and its causes. Then the
inductive approach is used to suggest effective solutions to it in light of the objectives of Sharīah, especially
those related to the preservation of the intellect and life. The research also highlights the negative effects of
bullying on the personality of the bully, the victim of bullying, their academic performances and on the school
community. Finally, in this paper, the researchers propose realistic solutions and effective prevention
approaches to the decision makers, educators and parents in preventing bullying and abuse of power among
students in schools and society
Application of blockchain information technology in Sukūk trade
Abstract
Purpose – This study aims to explore the opportunities and challenges in activating a Smart Contract to
enhance the efficiency and effectiveness of Sukūk offerings in the Islamic capital market.
Design/methodology/approach – The study adopts a mono-method qualitative approach. Data were
obtained from survey interviews of two issuances on the fusion of smart contracts in Sukūk structures that
were Sharīʿah-compliant. A thematic approach was further used to analyze the interview data based on the
onion research method while opportunities and challenges of activating the Smart Sukūk (SS) relied on doctrinal evidence.
Findings – The results from the issuances across two jurisdictions showed that deployment of SS can
resolve contractual ambiguities arising from Sharīʿah interpretations, jurisdictional policies and legal regime
issues, which affect Sukūk origination and issuances especially on the right of investors in the event of �
Sukūk
defaults. Although SS is automated, the third party’s presence is not eliminated as the blockchain platform
still relies on the validators who are usually blockchain developers functioning as a third party in the Sukūk
chain.
Research limitations/implications – The study relies on doctrinal literature to explain the features
and requirements of SS. The empirical approach is limited to interview data based on local SS issuances.
Future studies need to explore regulators’ role and global standards in cross-border issuance of SS with
multiple jurisdictions/laws.
Practical implications – The paper concludes that the offering of SS using local currency has been
successful in the two issuances because of the facilitative regulatory environment. However, addressing Ṣukūk's challenges in cross-border offerings would require guidance from international standard-setters such
as the Accounting and Auditing Organization for Islamic Financial Institutions and the Islamic Financial
Services Board.
Originality/value – This study is an advanced application of smart contracts to alleviate the related Sukūk challenges in the Islamic capital market
Maʾālāt (consequences) and their uṣūlī maxims: a juristic applied study = المآلات وقواعدها الأصولية: دراسة فقهية تطبيقية
Since the entity of Islamic Sharīʽah is full of wisdom and
goodness, it is pertinent for Muslims to contemplate their
future, after learning from the past experiences and the
knowledge of the present. By looking ahead, and at its
complexity and preparing for it with the required sciences
and arts, a better society can be ensured. Hence the scholars
gave importance to the jurisprudence of ma’ālāt
(consequences), their uṣūlī maxims and applications in
various fields of Islamic jurisprudence. This study aims to
employ our Islamic knowledge of jurisprudence and its
principles, maqāṣid, as well as intellectual thought in
extracting the role of heritage, extrapolating the established
way of Allah and studying the reality carefully, that will
enable the contemplating of a better future for the Islamic
nation that will lead to achieving development and
prosperity. Therefore, the problem of research lies in the
difficulty to use the uṣūlī maxims and rules related to the
jurisprudence of the future regarding the new juristic
developments in different fields of Islamic law and
contemporary issues. In order to complete the research, the
researchers used the inductive analytical method by
extrapolating the established Sharīʽah texts to anticipate
and consider the role of ma’ālāt and then analyze those texts
to infer appropriate judgments based on facts. Among the
major findings of the research were: first, Islam prepared
man to look to the future and free him from the obstacles
of superstition, pessimism, volatility and astrology, and he
should not despair, and surrender; rather he should struggle
for, and stand by the truth. Secondly, the maxims of maʾālāt
are concerned with knowing the legitimate provisions
concerning the future and the possible actions of the
mukallafūn (legally responsible people) based on past
experience, understanding the reality and looking ahead
within the possible human ability. Thirdly, the Qur’ān was
concerned with establishing natural and societal ways of
Allah based on contemplating the future, the same way it
paid attention to the present by linking it with the past so
that the Muslim can be on a sound foundation regarding
his future
Dana gas sukuk default: a juristic analysis of court judgement
Purpose – This study aims to analyse the facts of the case in the judgement made by the High Court of
Justice, England, UK, in the case of Dana Gas Public Joint Stock Company (PJSC) v. Dana Gas Sukuk Limited
(Ltd.) and Ors.
Design/methodology/approach – This study uses descriptive and juristic analysis to explain
the factual terms in the case of Dana Gas sukuk default. It also uses juristic opinions to analyse the
underpinning argument in the Dana Gas court case between the decision of Sharjah Court, UAE, and the
English Court, UK.
Findings – The study concluded that despite the position of Dana Gas PJSC that specific element of the
mu �
d�arabah sukuk is non-Sharī’ah-compliant, the English court decision which established the
enforceability of the purchase undertaking seems to be fair based on the Islamic maxims such as
“Difficult situation cannot violate the right of other” and “The conditional matters among Muslims are
binding.”
Research limitations/implications – The impact of this study is that Dana Gas sukuk default has
thought stakeholders of Sukuk investment lessons on the importance of documentation and consideration of
tighter clauses to ensure its bindingness in the law court. Hence, this study is expected to be a contribution
towards the call for standardization of the role of Sharī’ah scholars across the globe.
Originality/value – This study illustrates the fact in the case of Dana Gas sukuk default and analyses the
court’s decision from a fiqh perspective
Malaysian student’s attitude towards organic food buying behaviour
In many developing countries export earnings account for a large percentage of the country Gross Domestic Product (GDP), government revenues and expenditures and public investment. High dependency on a limited number of commodities for export increases the economy vulnerability to price fluctuations in the global markets. Not only instability in export earnings reduces the ability of the economy to finance development, but also increases uncertainty about future growth. Economic diversification underscores the importance of productivity growth to balance development and reduce dependency on international markets.
The new economy, driven by digital technologies could help developing countries diversify output and foster economic growth. Building capacity for digital development enhances the country capabilities to promote innovation, create knowledge and disseminate information. Digital networks increase communication as well as allow people, regions and nations to collaborate and share information aiming at fostering growth and sustaining development. For developing countries, external knowledge enhances the economy readiness to diversify output, create employment opportunities and improve global competitiveness
Poverty alleviation in Nigeria: The role of Islamic social finance instruments in the redistribution of wealth
Nigeria is a West African country with abundant resources and natural resources. A member of the Organization of
The Petroleum Exporting Countries (OPEC). According to the World Bank statistics, Nigeria’s poverty rate is alarming as it is
ranked next after India. Despite the numerous natural resources in Nigeria, poor economic management and governance are
considered the factors responsible for the current standard of living in the country. This paper aims to examine the potential
opportunities and challenges in employing the Islamic social instrument (Zakat, Waqf & Sukuk) in wealth distribution to
alleviate poverty in Nigeria. This research will use secondary data obtained through a library search to explicate the challenges
of redistribution wealth in Nigeria and the role of Islamic social financing in the eradication of poverty. It will adopt a
descriptive analysis approach to the roles and potential contributions of the existing Islamic social finance platforms towards
sustainable redistribution of wealth in Nigeria. The study proposed to explicate the socio-economic potentials in Nigeria's
multi-ethnic, cultural, and religious society. It will show how the public and private institutions can explore the opportunities
and address the challenges of redistribution of wealth and eradicating poverty through Islamic social financing (Zakat, Waqf
& Sukuk) in Nigeria. This paper focuses on how the redistribution of wealth through Islamic social finance instruments (Zakat,
Waqf & Sukuk) can enhance poverty alleviation in Nigeria. This paper is novel in its approach to unveiling data about the
potential contributions of the Islamic social finance institutions in Nigeria towards redistribution of wealth and eradicating
poverty
Accelerating distribution of Muslim inheritance in the light of Irtikāb Akhaf al-Dararayn (act-on lesser of the two harms)
Islamic inheritance is one of the ḥudūd in Islamic law that observes strict regulations in the textual evidence. However, the quest for the acceleration of inheritance in recent times is due to fear of greater harm from the violation of the rights of weak heirs since there are reported cases of possible denial of female children, women, underage and baby in the foetus, which requires protection in the estate of the bequeather. This study explores the juristic interpretation of the term "death of the bequeather" as a condition of distributing the estate and the juristic implication of the dire circumstances that may trigger the acceleration before the death of the bequeather in contemporary realities. This study uses the doctrinal approach in the qualitative method to explore the implication of death of the bequeather a primary condition in the distribution of the estate in Islamic inheritance, and the possibility of applying the principle of Akhāfu al-Dararayn to establish the acceleration of distribution of Islamic inheritance. The study found that the quest for the acceleration of the distribution of inheritance is mostly related to the Muslim minority society where Shariah is not recognised and applied in family-related issues triggering the call for a safety net to protect the interest of the weak among the heirs to achieve the higher Shariah objective of protection of family and wealth through the transfer of ownership and benefit. This study suggests the need to assess the implications of applying the principle of Irtikāb akhāfu al-dararayn in the acceleration of wealth distribution
Food insecurity amid COVID-19 lockdowns: the phenomenology of Prophet Yūsuf ’s food security model
Food insecurity has been on the rise since the emergence of the first COVID-19 lockdown due to low income, unemployment, sickness and disability. This situation may snowball into a perpetual socio-economic crisis, triggering insecurity in health care and political instability in the society. For instance, the COVID-19 lockdown has affected access to food kitchens, food banks, school lunch programmes and other social food initiatives for the needy and poor in the society. Food insecurity deeply affects people without a stable job, single mothers with limited income and unemployed heads of households with young children. Against these backdrops, this study explores the phenomenological interpretation of Quranic exegeses on Prophet Yūsuf’s food security strategy and action plan. The study has found that modern Islamic socio-economic principles are congruent with the food security model of Yūsuf (a.s.) in terms of even distribution of wealth and avoiding wastage and hoarding of essentials, except for protecting the interests of the people and the market. The study extracts and interpolates Prophet Yūsuf’s food security model to modern Muslim societies
Getting Rid of Interests on Bank Deposits and Loans: A Juristic and Analytical Study
Deposit and loan are important products for Islamic banks because they play important roles in promoting the Islamic economy. Despite the growth of the Islamic economy, especially from the contributions of its financial institution, the interest-based proceeds seem to be a concern to the banking decision-makers because the glorious Islamic. Shariah does not permit dealing with the interest-based balance. Therefore, the study highlights how to get rid of the usury on bank deposits and loans and its shariah rulings. The study employed the inductive approach in gathering and arranging information. It also uses the descriptive method in explaining the basic terms in the research. This research aims to shed light on the reality of the usury balance in the bank deposits and loans, with a special focus on how to dispose of the usurious interest in banking. The necessity of the modern financial activities shows no one can dispense with the banking financial transaction. Moreover, the main significance of disposing the prohibited interest-based balance is blocking the potential means towards consumption of usury or dealing with interest