Al-Ṭūfī- centred approach to al-Maṣlaḥah al-Mursalah (Public Interest) in Islamic law

Maslahat-ı Mürsele’ye (Public Interest) et-Tūfī- Merkezli Bir Bakış Bu araştırma, İslam Hukuku’ndaki Maslahat-ı Mürsele’nin (public interest) Nejmeddin el-Tūfī (657-716/1259-1316) bakış açısıyla metodolojik bir değerlendirmesidir. Maslahat konseptine genel bir atıf yaptıktan sonra Tūfī’nin köktenci fikirlerini, bu konudaki seçkin risalesi “Risalet el-Maslaha” yi göz önünde bulundurarak, tercümesiyle birlikte inceleyip ortaya koymak. Tūfī’nin maslahat anlayışı daha çok nass ve ijmâ‘ ile karşı karşıya geldiği zaman “tahsis” ve “beyân” yoluyla tercihinin yapılıyor olması dikkatleri üzerine çekmektedir ki bu İslam Hukuku’nun gelişmesine maslahat prensibiyle önemli bir katkı sağlamaktadır

Istihsan (juristic preference) : the forgotten principle of Islamic law

EThOS - Electronic Theses Online ServiceGBUnited Kingdo

Employability and marketability of the graduates of Islamic studies in Islamic banking and finance: Malaysian experience

Purpose: This paper attempts to explore the role played by Islamic Studies in the areas of Islamic economical and financial education at Higher Educational Institutions for employability and marketability of the graduates; particularly, in facing the challenges of the issues of globalization. This desirable change of trend in teaching and learning is closely linked with the emergence of Islamic Banking systems and institutions, which are widespread in Islamic Countries and have even entered into the majority non-Muslim countries. Design/methodology/approach: This conceptual-based paper critically analyzes Marketability of qualified students in terms of attaining employment and their integration in the mainstream society. This paper then shows how much the Islamization project in Malaysia has impact on the development of the study of Islamic Banking and Finance; with increasing the job opportunities in this filed; how much function the government has instilled, if the state policy is not involved in, can there be still a field of interest? Findings: This paper finds that Islamic studies including Islamic banking and finance have least percentage of unemployed graduates. In another word, the globalization resulted that the graduates of these studies have much chance to be employed than others. Research limitations/implications: This paper assumes that the outcomes of the paper can be applied to newly established institutions for betterment of Islamic studies in banking and finance graduates. However, this may not be applicable to all Islamic studies individually. Practical implications: This paper shows that the area of Islamic economics, banking and finance would benefit by introducing soft and hard skills as well as double degree or major programs in Islamic studies. Originality/value: This paper contributes to the researchers, academicians, Banking and Finance institutions to provide more opportunities to increase the employability and marketability of the graduates in Higher Education. As Malaysia, particularly, has accomplished a remarkable growth in developing Islamic financial institutions besides the conventional banking system, Islamic Banking system and its various institutions required workers and officials with background and competencies in Islamic studies. In fulfilling the demand, Malaysian higher educational institutions spontaneously introduced courses and programs on Islamic banking

Ijtihad by Ra’y: the main source of inspiration behind Istihsan

This essay investigates the implementation of istihsan (juristic preference) in the early history of Islam by identifying the concept of ijtihad (independent effort) and ra’y (juristic opinion),both of which played an enormous role in the development of Islamic law. Ijtihad by ra’y (personal judgment in juridical judgment)has been practiced from the time of the Prophet, as reflected in several hadiths narrated by Mu`adh ibn Jabal (d.18/640). The Prophet taught him how to use personal discretion and encouraged the Companions to undertake ijtihad by ra’y with regard to various issues. The criteria of personal judgment in istihsan indicate a direct relationship between istihsan and ijtihad by ra’y. The nature of istihsan, the wisdom behind it, and the wisdom of its use is quite considerable. As istihsan is considered a product of ijtihad, it represents simplicity, ease, and the lifting of difficulties. If the resulting qiyas (analogy) is not in keeping with the Shari`ah’s spirit, then the ruling of similarities should be abandoned in order to give a ruling according to the special evidence that justifies its spirit. The definitions of istihsan, ijtihad, and ra’y; the historical perspective of ra’y; the validity of ijtihad and its implementation at the time of the Prophet and the Companions; and the practices of ijtihad in terms of istihsan among the Companions are all explored in this paper

International Seminar on Contemporary Fiqh: issues and challenges (SCF2012)

The seminar, organized by the Department of Fiqh and Usul al-Fiqh, Faculty of Islamic Revealed Knowledge and Human Sciences (KIRKHS), International Islamic University Malaysia (IIUM), was held on 18-19 December 2012 at the Banquet Hall in IIUM, Kuala Lumpur, Malaysia. The 200 delegates from different continents including Asia, Europe, Africa, Middle East participated and 48 of them were paper presenters apart from two very well-received Keynote Speakers,Mohd Daud Bakar (Chairman, Shariah Advisory Council, Bank Negara Malaysia[BNM]), Fatris Bakaram (Mufti of Singapore), and opening speech was given by Mohd Puad Zarkashi (Deputy Education Minister of Malaysia), as well as media outlets and respectable number of public and government representatives, religious officers, and academics from prestigious international universities also participated in the Conference

Judicial pluralism in the Malaysian legal system

Malay society, beside its determination to preserve its own traditions, has allowed other communities to live freely according to their own cultural values and traditions. Diversity is a source of cultural and social wealth that reflects an extraordinary degree of freedom in both legal and cultural richness. Such features resemble the Ottomans’ approach. Malay society has apparently interiorized the value of diversity. Its people believe that for peace, freedom, tolerance, and strength between the different groups to continue, judicial pluralism must be maintained. In connection with this, the Malay legal system has been shaped by different legal systems, among them Islamic law, which has been implemented as per the society’s request at will as a part of life in a natural way, the legal systems of Western colonial powers rather have been used by force on demand. In contrast, the Ottomans’ Majallah al-Ahkam al-‘Adliyyah, the Hanafi legal code of Qadri Pasha (later called the Majallah Ahkam Johor), and the Undang-undang Sivil Islam were all used as the main source of judicial matters in the courts. In this paper, the historical development of the Malay legal system is analyzed and the following themes are elaborated upon: Malaysia’s constitutional law, customary law, and tribal legal systems; Shari‘ah and civil court procedures; the first contacts with Islamic law; the influence of Portuguese, Dutch, and English law; and the Turk-Malay connection and strong relationships