Islamic Shariah Research Articles

TRANSLATION OF ENGLISH INDIAN ISLAMIC MARRIAGE CONTRACTS INTO ARABIC

The translation of Islamic marriage contracts from English into Arabic is an actual issue for an ordinary translator and even for a legal translator. Almost all translators in such a field of translation face the difficulty of grasping the straight and accurate equivalence in Arabic for specific linguistic terms. This problematic issue lies in the differences between the English legal system and the Arabic legal system. Another essential problem that legal translators usually face is the translating of items that are related directly to Islamic shariah and Islamic culture. The present research evaluates and inquiries about three translations for a sample of an English International Islamic marriage contract that is officially utilized by Muslims of India and translated by three MA Students who have master's degrees in translation. It is noteworthy to note that the assessment of these sample translations is defended on Peter Newmark's (1981) approach of Semantic and Communicative translation which is widely used in translating texts of languages from two different families such as English and Arabic. In closing, following the communicative procedure is the most equivalent option according to the context on one hand. On the other hand, the Semantic procedure is only acceptable when there is already a direct rendition for the items of ST into TT, So, Communicative is usually used in case of absence of equivalence. Or semantic procedure leads to translation non-identical from that of the source languages

Memahami Kaidah Ushuliyah Al-Am, Al-Khas, Al-Amru dan An-Nahyu Sebagai Metodologi Penetapan Hukum Islam

There are at least three problems that will arise if the establishment of the Islamic law ignores the Ushuli theory; the ambiguity in the use of Ushuli theory, the misunderstanding of the Nash in the Qur'an and Hadith, and the broad interpretation because it does not focus on one or more of the Uushuri theories. The purpose of the study is to know the approach of the Ushuliyah al-am, al-khas, al-amru and al-nahyu as methodologies, procedures, and problems in the establishment of Islamic law. This research is a qualitative library research with a Ushul Fiqh approach. It is the same in the Qur'an as in the Quran. The procedure for the establishment of Islamic law is not much different from some of the views of scholars conducted, in general, namely by searching for the provisions of the law in Al-Qu’an and Hadith and analogous to the Islamic Shariah. The problem is that it lies at the core of the beginning of the law, on the different understanding and meaning that is presented or expressed by the scholars, the solution to overcome this problem by following the agreement of the scholar. Thus, in the understanding of the teachings of the Ushuri: Al-Am, Al-Khas, al-Amru and An-Nahyu, which is a small part of the studies of Ushuli, open a great opportunity for further research to discuss more fully about the teaching of Ussuri than Al-Amm, Al - Khas, Amru and Al – Nahyu.

Analysis of the Application of Islamic Business Ethics Principles on Putat Jaya Market Traders Sale and Purchase Transactions in Surabaya

The market serves as a mechanism to provide incentives and facilitate economic activities in the society, in particular the UMKM market in Indonesia, which is divided into two, modern market and traditional market. In this modern era, traditional markets are still in the public; although some are already interested in e-commerce, one of the markets still in demand by the population is the traditional market Putat Jaya that exists in Surabaya. Based on the phenomenon that occurred in the Putat Jay market, the author is interested in carrying out research with the title “Analysis of the application of Islamic business ethics in the sale and purchase transactions of fish traders in Putat Jaya Market in Surabaya City." In this study, the author uses qualitative methodology of a descriptive approach by performing three stages of data collection, namely observation, interviews, and documentation. Based on the results of research, on the Putat Jaya market, most traders have adhered to Islamic Shariah in sale and purchase transactions and have implemented some of the principles of Islamic business ethics.

دراسة فقهية تحليلية :(NFT) الاستثمار في الرموز غير قابلة للاستبدال Non-Fungible Tokens (NFT) Investment: A Juristic and Analytical Study

Non-fungible tokens (NFT) are considered unique digital assets recorded on the blockchain whose ownership and authenticity cannot be duplicated, exchanged, or divided but can be transferred by the owner, allowing the selling and trading of NFT through the blockchain. This study addresses the issues relating to the extent of NFT compliance with Islamic law. It sheds light on the concept of symbols that are not replaceable and presents the opinions of contemporary jurists in dealings with NFT based on a juristic adaptation of these transactions.The study is qualitatively based and using an inductive approach to collect library information and analytical approach to clarify the issue and present the opinions of the jurists. The study found that investing in non-fungible tokens is legally permissible, but the principles of Shariah must be adhered to when dealing with them because they are among the things that were not prevented except by legal evidence. NFTs should be items of legal value that benefit people, and are free from illegal activities such as usury, fraud, and gambling. The study recommends an urgent need for Shariah scholars and technology experts to create an NFT platform that is compatible with Islamic Shariah, and allowing Muslims to participate in it.

The introduction of Imam Abd ul-Wahab al-Sh’rani and his methodology in “al-Mizan al-Kubra

This research paper tells us about the methodology “The introduction of Imam Abd ul-Wahab al-Sh’rani and his methodology in “al-Mizan al-Kubra” and how he created the scale “al-Mizan” for the division of juristic opinions in Regid and Concession. According to Imam al-Wahab al-Sh’rani, most Islamic injunctions come under these two categories but there are some cases which do not come under these two due to unified juristic opinion. Also, there are some problems with having more than two vies which results in the inclusion of one in rigidity and the other in concession. These two cases are related to only analogical problems, not to the principles of Islamic Shariah. The Mizan highlights that the views of all Muslim jurists on any problem are correct and the public has the right to adopt any one of them. The disagreement among some scholars is due to infidelity with the source from where they narrate the problem. According to al-Sh’rani based on their physical and religious conditions the people can also be divided into two categories Rigidity and Concession. A person who has the ability for rigidity cannot be allowed for concession but the reversed person is allowed to do so. In the end, we can say that the benefit of this Mizan is that it prevents every person not to negating jurists belonging to different fiqh. And hence to make every person a candidate for intercession on judgment day in front of Allah.

Islamic Etiquette for Slaughter viz a viz Mechanical Slaughtering

Meat consumption has become the basic need of a human societies. According to Islamic Shariah, Allah the Creator, has allowed humans to consume the meat of halal animals and has stated a complete procedure of slaughtering the legally permitted animals. Adopting this process ensures the meat lawful for human consumption. There are other methods and practices of slaughtering and killing animals followed by different people of different religions and thoughts. In the modern world various techniques are being used to kill animals on mass level in slaughterhouses. Gas chambers, electric current, rods and mechanical knives are used for this purpose. The users of these practices claim that these techniques make the slaughtering process easier and more convenient for the animal as compare to the shariah guided ways of slaughtering. In this article I have discussed various procedures of slaughtering and killing an animal. I have analyzed these procedures in order to find out the most convenient way for the animal. I have also discussed the impact of slaughtering process on the end product; the meat and its effect on human health. This article concluded that shariah guided way of slaughtering is the most convenient way of slaughtering and the animal bears less pain as compared to the rest of the methods and the meat produced as a result of shariah way of slaughtering is healthier and has better psychological impact on human's health.

Impact of Islamic Banking on Global Commerce and Business

This research paper aims to critically analyze the place of Islamic banking in the international business environment, drawing on its theoretical tenets, historic antecedents, empirical data, and societal-political repercussions. Based on Islamic Shariah law, Islamic banking provides an alternate form of the banking system that adheres to Islamic law concerning moral risk-sharing and asset-based financing. In undertaking the study, systematic case analysis of the IIOs, statistical analysis, and qualitative research are used to assess the impact of Islamic banking on economic growth, financial inclusion for its population, and overall financial stability. The opportunities and challenges demonstrated in the research case relate to the effect of Islamic banking on consumer behavior, entrepreneurial endeavors, culture, and identity. The innovation and development in Islamic Banking, the use of technology adoption in Islamic banks, renewable finance, and market access in Islamic Banking are also discussed. The study raises the question of how governments can move forward to collapsing obstacles, developing market awareness, and fostering ethical finance and innovations in ethical finance to develop proper ethical finance in the world economy. The study becomes relevant in providing the banking, trade/commerce and ethics literature with important insights to appreciate and appreciate the presumably positive role of Islamic banking, particularly in responding to the existing global challenges that are detrimental to human activities.

Optimizing Zakat Management to Improve Education Quality in Palu City, Central Sulawesi, Indonesia

This study aims to discuss the zakat management optimization in improving education quality at National Zakat Charity Agency (BAZNAS) of Palu. This study used a qualitative approach and the data was gathered through field observation, in-depth interviews, and written document analysis. The data analysis, then, was analysed through data reduction, data presentation, and conclusion drawing. The results of this study show that the process of optimizing zakat to improve education quality at Baznas Palu city was conducted according to Islamic zakat management principles which includes planning, implementation, reporting, and monitoring process in the program of collection, distribution, and utilization at National Zakat Charity Agency Palu. The agency also follows professional administration principles such as transparency, accountability, responsibility, independence, fairness, and Islamic shariah compliance. This study also found that the agency has focused zakat distribution for specific educational institutions, both formal and informal. The agency also provide scholarships for academic achievement, and educational cost assistance for underprivileged children. Furthermore, the agency provides capital support for productive businesses runned by disadvantaged families or communities to improve their incomes.

Optimalisasi Peran Lembaga Keuangan Syariah dalam Inklusivitas Grand design Ekonomi Syariah di Tingkat Asia

We will not receive God's kindness if we obey him and eat and drink from what He has commanded us to consume or from what He has made lawful. Our efforts, however, will be in futile if we disobey Him and continue to eat and drink from what is illegal. When we discuss halal products, we are discussing halal food items and beverages. Products that meet the requirements for legitimacy under Islamic Shariah are referred to as halal products. Items that are suitable for use with food and drink include: First, steer clear of anything that contains or is produced from pork. For example: bristle brushes made of swine feathers, lard (pork fat), gelatin, lechitine, and emulsifiers (E471). QS. Al-Baqarah (2):173 contains it. Both meats are from halal animals that were killed in accordance with Islamic Shariah regulations. Al-Maaidah, QS. (5):3. 3. Any food or beverage that isn't made with alcohol or any of its byproducts, or that purposefully adds non-alcohol ingredients and isn't khamr. QS. Al-Maaidah (5):90, Al-Baqarah (2):219. The fourth is neither blood nor a corpse that is off-limits to human consumption. Al-Baqarah, QS. (2): 173. Including any and all foods acquired lawfully. Everything is allowed to be consumed, especially food and liquids. Eat what is righteous and excellent in the earth, men, and do not walk in Satan's footsteps, for he is clearly your enemy.Notwithstanding the ongoing unpredictability caused by the COVID-19 pandemic, Dinar Standard projects that the six actual sharia economy sectors—halal food and drink, modest fashion, cosmetics, pharmaceuticals, media and recreation, and travel—will account for 9.1% of the total growth in Muslim spending worldwide by 2022. By 2025, this growth is predicted to have increased by 7.5% to US$2.8 trillion. (CAGR)

Predicting child alimony under Islamic shariah law using hybrid fuzzy inference system

This paper proposes a novel approach to predicting child alimony under Islamic Shariah law using a hybrid fuzzy inference system, integrating Mamdani and Takagi-Sugeno-Kang (TSK) fuzzy systems. Machine learning algorithms have become valuable tools for legal decision-making, but judicial process delays can lead to adverse effects. Our model aims to expedite decision-making and minimize legal fees by accurately determining the proper amount of alimony for children after divorce. We collected data from 94 alimony cases and evaluated the model’s performance using accuracy, precision, recall, and F1 score metrics. The hybrid fuzzy system achieved promising results with 88% accuracy, 84% precision, 89% recall, and an 86% F1 score. Notably, the model reduced bias and standardization in decision-making, promoting fairness. However, the study suggests potential areas for improvement and emphasizes trans-parent judgment processes and coordination among judges in assessing alimony costs based on sufficiency and ma’ruf criteria. This research significantly contributes to machine learning applications in the judicial domain. It provides a valuable decision-making tool for judges and lawyers to enhance the judicial process’s efficiency and ensure children’s welfare in divorce cases under Islamic Shariah law. Further research can enhance the model’s effectiveness and reliability, opening avenues for continued exploration in this field.

Are Male Muslim Leaders More Effective Than Female Muslim Leaders in Maldives Regardless of Their Religiousness

This study explores the moderating role of gender on the relationship between religiosity and effective leadership among leaders of both genders in Maldives. Maldives is a hundred percent Muslim nation, and Islamic Shariah is the law. While women reserve the privilege to hold public office and to practice public functions statistical data indicates a notable underrepresentation of females in leadership positions due to the rigid perception of gender roles embedded in society. Earlier studies conducted in the Maldivian setting suggested that the conservative interpretation of Islam disadvantaged women. Thus, the first objective of this study was to investigate the relationship between religiosity and effective leadership and secondly to identify the moderating role of gender on the relationship between religiosity and effective leadership. To achieve these objectives, a sample of 157 useful data was collected from 250 questionnaires distributed to leaders across various domains in the Maldives. The study employed a purposive sampling method from both genders, aged between 30 to 70 years. Out of the two hypotheses tested, results indicated the acceptance of the first hypothesis, establishing a significant relationship between religiosity and leadership. However, the second hypothesis was not supported where gender moderates the relationship between religiosity and effective leadership. This suggests the importance of religiosity in the effectiveness of leadership. Regardless of gender, adherence to a higher level of religiosity contributes positively to leadership effectiveness. Thus, for leaders in Maldives, if they want to be effective leaders, they must be religious regardless of their gender.

Qardhul Hasan Sebagai Pembiayaan Sosial Dalam Mengatasi Kemiskinan

Qardhul Hasan as Social Financing in Combating Poverty. The well-being of the people is the primary objective of the establishment of a nation. However, for developing countries, it is still a homework in tackling poverty. The Islamic Shariah manages poverty primarily to reduce poverty with funds derived from zakat, infaq, and sedekah. Indonesia, as the country with the largest number of Islamic believers in the world, has the potential to have large funds for zakat, infaq, and sedekah, but the current management is still not at its maximum. This research is aimed at exploring the literature on financing Qardhul Hasan as a means of combating poverty. Among them is an increase in profits of up to six times. Besides, there are other advantages, such as improved customer skills. With increased sharia financial inclusion, financing for the community can improve the well-being of the community and reduce the poverty rate.

Contemporary Legal Problems of Sharia Insurance Regulation in Indonesia

Objective: This study aims to examine the evolving structure of the insurance industry in Indonesia, particularly its transition from traditional insurance to dual insurance systems, highlighting the presence of the Sharia insurance sector within the national legislative framework.
 
 Theoretical framework: In the realm of Islamic economic studies, fundamental principles such as justice, mutual assistance, the avoidance of oppression, prohibition of riba (interest), and the elimination of gharar elements are central. Sharia-compliant insurance institutions are expected to adhere to these principles while also developing an independent, integrated, and professionally managed insurance framework that aligns with Islamic Shariah. To ensure compliance, each insurance company must establish a Shariah Supervisory Board (Dewan Pengurus Syariah).
 
 Method: This research adopts a normative legal research approach, analyzing primary, secondary, and tertiary legal resources sourced from academic papers and libraries to address the legal challenges of establishing Sharia insurance under existing positive legislation.
 
 Results and conclusion: The findings of this study include First, there is no specific law that governs Sharia insurance, there are no implementation rules for Law No. 40/2014, which governs Sharia insurance, and there is no regulation regarding the typical Sharia policy. These current legal issues make it difficult to set up Sharia insurance under positive law. Second, the specialized arrangement in a Law (lex specialis) of Law No. 40 of 2014 is the optimum Sharia insurance arrangement model following the favorable legal prospects.
 
 Originality/value: This research contributes to the understanding of the legal challenges and intricacies of Sharia insurance regulation in the context of Indonesia's insurance industry transformation. It provides valuable insights into the intersection of Islamic economic principles and contemporary insurance practices, offering a basis for further exploration and policy development in this critical area.

The Impact of Board of Directors and Islamic Shariah on Company Internal Control: Evidence from Jordan


 The purpose of this paper is to examine the impact of corporate governance and compliance with Shariah on internal controls over financial reporting. It also examines the moderating role of Shariah compliance on the relationship between corporate governance structures and internal reporting controls. Ordinary least square (OLS) models are applied to 94 listed Jordanian companies on Amman Stock Exchange over the period 2015-2021. The empirical evidence shows board size, board meetings, Shariah compliance, and auditor type have a negative impact on material weaknesses in internal controls (MWIC). Second, unitary leadership, where the same individual is both the chair and CEO, is positively correlated to MWIC. Third, Shariah compliance strengthens the effect of board meetings, suggesting that Shariah compliance and good corporate governance mechanisms reinforce each other to ensure higher-quality internal financial reporting controls.

Exploring the Potential of Islamic Crowdfunding as an Alternative Financing Source for Entrepreneurs in Bangladesh

Islamic crowdfunding has emerged as a recent phenomenon in many Muslim countries, including Malaysia, Indonesia, and Pakistan. It affords entrepreneurs with a Shariah-based option of raising funds for their business. Although Bangladesh has a few crowdfunding platforms, their activities are limited. Despite being a predominantly Muslim country, Bangladesh has yet to establish a significant crowdfunding platform. However, several earlier studies have indicated that Islamic crowdfunding has substantial growth potential in Bangladesh. Therefore, this study aimed to explore the potential of Islamic crowdfunding as an alternative funding source for entrepreneurs in Bangladesh. A qualitative approach was employed, gathering data through semi-structured interviews with experts and consultants in Islamic Shariah and entrepreneurship in the crowdfunding industry. The data was then analyzed by means of a thematic technique. The study reveals that Islamic crowdfunding has significant potential in Bangladesh but faces numerous challenges. Overcoming these challenges could make lending (asset-based) and reward-based models effective and productive sources of funding for the entrepreneurs. The findings can contribute significantly to the standing literature in the ground of crowdfunding. Officials can use these findings to make innovative policies and rulings for the crowdfunding sector. Entrepreneurs can utilize these insights to boost their knowledge and understanding of crowdfunding functions and processes.

Live Musik, Syariat Islam dan Asas Freies Ermessen: Menyikapi Surat Edaran Bupati Bireuen

The prohibition order on live music in the the Regent of Bireuen's Letter of Interdiction No. 451/199/2023 was pro-contracted in the community; some people supported the Islamic Shariah, and some others rejected it on the grounds of the lack of consistency of the instructions in the edaran. The Edaraan has been identified as allowing live music to beined with conditions that are difficult to realize. This has caused confusion in the public's understanding of the Regent of Bireuen's orders. The objective of the research is to analyze the existence of the implementation of the Regent of Bireuen's Letter of Interdiction with the basic approach of Freies Ermessen and its implications for the observance of Bireuen society. This research uses a yuridis-empirical method; data is collected with interview, and analyzed with analytical-descriptive techniques. The results of the research show that the existence of Regent of Bireuen's Letter of Interdiction of Live Music undermines the discretion of the government and, as contextually indicated, violates the basic principles of Freies Ermessen, thus having no legality in the hierarchy of legislation. However, if the government considers that live music needs to be banned in order to support the enforcement of Shariah Law, then it is regulated by a law that includes the study of academic scripts. In this way, he gives birth to a good law according to the will of the people.

IMF Financing, Pakistan's Economic Growth, and Islam

The International Monetary Fund acts as the ultimate source of financial assistance for all nations. Since 1958, Pakistan has regularly availed of IMF loans. However, its economic status has not advanced sufficiently enough to be classified as one of the industrialised nations. The study seeks to analyse the influence of an IMF loan on Pakistan's economic progress. The study intends to investigate the influence of IMF loans on the improvement of socio-economic dynamics in Pakistan. The study seeks to ascertain if IMF interest-based funding enhances or impedes the development of Pakistan's economy. Qualitative research methodology is used subjectively to develop a conceptual framework using an inductive paradigm. IMF loans to Pakistan are thought to have impeded economic progress and worsened the plight of economically disadvantaged individuals by undermining their rights to health, food, and quality of life. The loans are interest-based, which goes against Islamic Shariah rules and the country's Islamic identity. Pakistan faces particular costs in obtaining IMF loan funding with interest.

Sistem Cash on Delivery Dalam Prespektif Hukum Perlindungan Konsumen dan Ekonomi Islam

Economic activities are closely related to transactions such as to support the needs of oneself, family, and the wider community. In connection with that, buying and selling through electronic media such as using the Cash On Delivery payment system which is a form of trade or business interaction is one of the economic phenomena of mu'amalah that is currently rife. Therefore, Islam has taught that the terms and conditions of buying and selling transactions must be in accordance with the Shari'a, such as avoiding defects such as not fulfilling the conditions of the goods being traded, both the type, quality, and quantity, price, and there is no element of coercion, fraud, harm, or other conditions that make up the pillars of buying and selling. So the purpose of this research is to examine the legal protection of cash on delivery transactions in online buying and selling from the perspective of consumer protection and Sharia economic law. This research is a descriptive analytical normative legal research, using legislative and conceptual approaches. As a result, buying and selling is a fundamental component of Islamic Shariah, and adhering to these pillars is essential for a successful and legitimate transaction.Accordingly, Islamic jurisprudence deals with the order of purchase and sale, where the permissibility of transactions with al-salam aims to increase the convenience of business by allowing goods to be delivered later.Thus the use of the COD method, which allows payment on the spot, reduces fakes and hazards such as goods that do not match the size, shape, color, or packaging ordered.

Management Practice and Business Ethics: An Overview from Islamic Perspectives

Islamic management practice and business ethics is not distinct model of management but to execute, employ, and assure of the full command of Qur’an and sunnah in management practice and business operations that came from Allah SWT. The core objectives of Islamic management practice and business ethics is to assure the justice, sustainability, and welfare not for self but for whole human being by following the rules of Islamic Shariah. Therefore, this paper is an attempt to investigate and present a clear overview and understanding on business management and ethical practice in business management from Islamic perspective. The study utilizes a qualitative research design by means of in-depth study on management principles of historical data and literatures. And finally introduce an inclusive and digestive outline on that. The findings of this study refer that the organization lead by the management personnel who employ Islamic management practice in their management, are surely more aware and conscious regarding their religion, activity, accountability to Allah (lord of the world & hereafter) and implemented these practices for leading their management and conducting the business operations due to presence of Islamic management practice and business ethics. Moreover, there is a large scope for improvement of Islamic management practices in near future. The implication of this study is also discussed.

A Literature Review of Agency Theory on Finance and Accounting within Tourism and Hospitality Industry

Purpose of the study: The purpose of this study is to investigate attentively works about Agency Theory and financial and accounting management in the Tourism, Hospitality, and Hotel Industry. Design/methodology: This research adopts a literature search utilizing Bibliometric analysis to identify publications on Agency Theory within the tourism and hospitality industries and analyses research journals as the foundation for additional research on the subject at hand. Findings: Data regarding name, date of the journals, certain industry and scope of area that discussed in these journals, focus of the research and data analysis. This study identified previously unexplored topics and suggested further study based on the analysis procedure. Research limitations/Implications: Since data are very limited therefore VOSviewer application cannot be used. This research limited only with manual analysis using Microsoft Excel. Novelty/Originality of the study: Agency theory has also has been researched from various point of view. Note only finance and accounting, but also Law, Sociology, Entrepreneurship, Marketing and from the Islamic Shariah point of view. However, there are no studies found analyse Agency Theory on financial and accounting management in fields of Tourism, Hospitality, and Hotel Industry. This research is trying to fill in the gap.