50 research outputs found

    Islamic perspective in Halal Science: analysis of Ijtihad methodology of Halal and Haram in contemporary realities

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    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

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    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

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    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

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    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

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    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

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    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

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    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)

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    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

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    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

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    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
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