Maqasid al-Shari Research Articles

Harmonizing Maqasid al-Shari’ah with sustainable waste management practices: a conceptual framework for principles and implementation

Purpose This paper aims to investigate the principles guiding sustainable waste management practices within the framework of Maqasid al-Shari’ah. The purpose is to address the environmental challenges arising from economic expansion, population growth and resource consumption, which often lead to unsustainable waste management practices and hinder economic growth. The focus is on aligning waste management principles with the ethical objectives outlined in Shari’ah. Design/methodology/approach Adopting a qualitative content analysis method and an inductive approach to outline the constituent elements that formulate the framework, this study investigates the objectives of Maqasid al-Shari’ah to identify underlying elements crucial for sustainable waste management. Findings The study reveals how the principles embedded in Maqasid al-Shari’ah provide a foundation for effective waste management practices. The findings emphasize the importance of integrating these principles into human behavior to ensure that waste management aligns with the Shari’ah viewpoint. The insights shed light on the role of Maqasid al-Shari’ah in managing waste sustainably and contributing to environmental conservation efforts. Originality/value This research contributes to the field by offering a unique perspective on waste management practices through the lens of Maqasid al-Shari’ah. The study’s originality lies in its exploration of how Islamic ethical objectives can guide sustainable waste management, providing a framework that goes beyond conventional approaches. The incorporation of a comprehensive literature review enhances the authenticity and novelty of the proposed waste management framework.

Analisis Undang-Undang Nomor 50 Tahun 2009 Tentang Pengadilan Agama dalam Penyelesaian Sengketa Ekonomi Syariah dan Relevansinya terhadap Tujuan Hukum Islam (Maqasid Assyari’ah)

This article analyzes Law Number 50 of 2009 concerning Religious Courts in the context of resolving sharia economic disputes and its relevance to the objectives of Islamic law (maqasid al-shari'ah). The main focus of this study is to evaluate the effectiveness of the Law in resolving disputes related to sharia economics and how the implementation of the law is in line with the principles of maqasid al-shari'ah, namely the protection of religion, soul, mind, descendants, and property. Through an analytical approach, this article discusses various aspects of Law Number 50 of 2009, including the structure, competence, and dispute resolution mechanisms regulated in the law. In addition, this article also examines the extent to which the implementation of the Law supports the achievement of maqasid al-shari'ah in the context of sharia economics, as well as the challenges and opportunities faced in the process. This study uses qualitative methods with document analysis and interviews as tools to obtain relevant data. The findings of this study are expected to provide insight into the suitability between laws and regulations and the principles of Islamic law as well as the contribution of religious courts in resolving sharia economic disputes.

Reformation of the Almajiri Educational System in Nigeria Through the Maqashid Al-Shari’ah Paradigm

The Almajiri phenomenon is one of the pandemic matters affecting Muslims in the North, specifically Nigeria as a nation. It depicts a condition whereby children of school age, ostensibly enrolled to study under Mallams, roam about the streets in tattered clothes, begging, scavenging, and doing all sorts of odd jobs. While Islam places a high premium on education, emerging issues about The Almajiri system of education have heightened the need to re-examine the concept from the perspective of the essence, purpose, goal, and objective of Islamic law (Maqasid al-Shari’ah). To this extent, the practice of the Almajiri system of education as obtainable in Nigeria should be subjected to the balance of Maqasid as-Shari’ah to ascertain its acceptability and fecundity. This paper therefore attempts to assess and appraise the Almajiri educational system in Nigeria to reform its operation and recommend steps towards attaining the overall educational goals of Islam as enshrined in the Shari’ah. The researcher adopts both historical and narrative research methods in the work. This article finds a strong correlation between the Almajiri system of education and Maqasid as-Shari’ah. The research concludes that there is a dire need for Nigerian Muslims to adopt the Maqasid as-Shari’ah as the guiding principle for the reformation and operation of the Almajiri educational system, particularly in the northern part of the country.

Penyuluhan Hukum Keluarga Islam Berbasis Maqasid al-Syari ‘ah tentang Peran Istri dalam Membangun Ketahanan Keluarga Pasca Pandemi Covid-19 Bagi Ibu Muda Fatayat NU Kabupaten Sidoarjo

From 2020 to 2022, Sidoarjo Regency has identified a surge in family conflicts triggered by wives' protests. Evidence includes an increase in divorce filings, child neglect, and internal family conflicts due to frustration. Therefore, it is necessary to educate the community through outreach activities on building family resilience, emphasizing the role of the wife in the family. Islamic family law based on maqasid al-Shari'ah was chosen as the outreach material because it is relevant and more acceptable to the wives in Sidoarjo Regency, the majority of whom are Muslims. The organized young mothers of Fatayat NU were selected as the target audience. The service method used was service learning, an approach that combines academic teaching with finding appropriate problem-solving solutions for the community. The results of this community service showed an increase in understanding among the young mothers of Fatayat NU in Sidoarjo Regency about strategies for building family resilience through the role of the wife post-pandemic, based on the concept of Islamic family law rooted in maqasid al-Shari'ah.

Women’s Islamic Shariah Compliant Dress: An Overview

Fashion and religion are often said to be interlinked because of the rise of modest dress trends for Muslim women. However, many Muslim women dress in Muslim trends not dictated by religious requirements; as a result, the Muslim clothes they wear do not match the standards for appropriate Muslim attire. The reason is clothing has a purpose for a Muslim in that it is a tool that may be used to hide “awrah”, which are areas of the body that should not be seen by anybody other than members of the same family in line with religious orders. In short, Muslims may only wear clothes that are according to the Islamic dress code, which is a Sharia rule that determines what forms of clothing are allowed (i.e., Halal) and prohibited (i.e., Haram). Increases in the media's portrayal of important persons dressed in Islamic clothing and the size of the market for Islamic apparel have helped to elevate Islamic clothing to the status of a major fashion trend. Modern forms of communication, especially the Internet and social networking sites, have helped bring Islamic feminism into the mainstream. Since modesty is a maqasid al-shari'ah, one might achieve it by covering awrah.

THE INTERPLAY OF IJTIHĀD AND MAQĀṢID AL-SHARĪ‘AH IN PRE-MODERN LEGAL THOUGHT: EXAMINING THE CONTRIBUTIONS OF AL-GHAZALI AND AL-SHATIBI

The debate of ijtihād - its meanings, theorization and application, is one of the most noticeable debates in the modern Muslim intellectual space. In the contested backdrop of ‘closure of the gates of ijtihād’, the process of reproduction of ShÉrÊah‘ knowledge, civilizational renewal and forming a critical engagement with the socio-intellectual context of contemporary times through ijtihÉd gained coinage among different strata of Muslim scholarship, developing intra-Muslim conversations between traditionalists, modernists and progressives. In this debate, maqāṣid al-Sharī‘ah as a concept, theory and philosophy has been repeatedly invoked by all three points of views, explaining it from their distinct positions. In this context, this paper attempts to offer an analysis of the pre-modern dialogue between ijtihād and maqāṣid al-Sharī‘ah, revisions of the traditionally more predominant method of extension of law, qiyās, in context of Shāfi’īte four-source theory and employment of relatively more utilitarian tool, maṣlahah. Hence, the paper investigates the concepts of munāsabah and taḥqiq al-manāṭ vis-à-vis maqasid al-Shari’ah, employed by two most prominent advocates of maqāṣid thought in pre-modern scholarship, al-Ghazali (d. 1111 C.E) and al-Shatibi (d. 1388 C.E). Finally, the study attempts to locate the common ground between traditional theory of ijtihād and maqāṣid al-Sharī‘ah, to explain the possibility of maqāṣid based ijtihād model.

Performance assessment of participation banks based on Maqasid al-Shari'ah framework: Evidence from Türkiye

In a dual banking system, participation banks (PBs) are expected to follow Islamic principles, morals, and ethical norms, all of which ultimately align with Maqasid al-Sharia'ah (MS). This study aimed to assess performance of PBs in Türkiye beyond traditional yardsticks to accentuate their ethical, social, and financial roles compliant with the axioms of MS. A mixed method deploying qualitative and quantitative inquiry was used. The first stage used text mining, and the second stage developed the MS Performance Index (MSPI) by adopting entropy weights based on the Ghazalian perspective. The datasets were derived from 18 reports for 2019–2021. Türkiye Finans appeared to have the highest score, whereas Ziraat received the lowest on MSPI scores. PBs achieved the highest scores for the wealth objective component and the lowest score for the intellect component because they became market-oriented and thus their disclosures did not support and promote MS.

Evaluation of the Maqāṣid al-Sharī’ah Liberalization: An Examination of the Notion of ‘Prioritizing Public Interest over Textual Evidence’

The effort to reconstruct Islamic law from liberal Muslim groups has a positive influence and acceptance for some people. However, the majority of Muslims have not been able to accept and prefer to follow the mindset and methodology of previous scholars. The concept of maqāṣid al-sharī’ah of liberal Muslim thinkers is methodologically considered not to have a strong basis because it dares to ignore the legal provisions in the specific daily, which are considered not in line with the purpose of the law and the benefit. Maqasid al-shari'ah should be built on efforts to integrate the texts of particular propositions into the texts of universal propositions (kully) so that the purpose of legal legislation can be understood. This article critically examines the concept of maqāṣid al-sharī’ah developed by liberal Muslim thinkers, especially in Indonesia. This study explicitly emphasizes the importance of Islamic law in realizing the benefits and being a solution to various problems of contemporary life. The benefit to be achieved is the ultimate and universal benefit, namely the benefit obtained through legal formulation efforts by making specific texts as a foothold to understand the purpose of the law. It is not an assumptive benefit (mawhūmah) obtained through legal reconstruction efforts based on the purpose of the law and the benefit but ignores the texts of particular arguments.

Maqasid al-Shari`ah, Maslahah, and Corporate Social Responsibility (2007)*

The doctrine of corporate social responsibility (CSR), which hasemerged and developed rapidly as a field of study, is a frameworkfor the role of business in society. It sets standards of behavior towhich a company must subscribe in order to impact society ina positive and productive manner while abiding by values thatexclude seeking profit at any cost. Despite the many attempts toconstrue CSR initiatives, it remains open to wide criticism for itsinherent problems via-à-vis justification, conceptual clarity, andpossible inconsistency. These problems are more acute when itcomes to implementing and operationalizing CSR on the ground,especially in a situation that involves trade-offs.This paper offers an instructive understanding of CSR froman Islamic perspective. In particular, the implication of maqasidal-Shari`ah (the Shari`ah’s objectives) and the applicationof maslahah (the public good) to CSR are discussed in detail toshed light on how Islam’s holistic and dynamic perception of CSRtake into consideration reality and ever-changing circumstances.These principles also provide a better framework that managerscan use when faced with potential conflicts arising from thediverse expectations and interests of a corporation’s stakeholders. *This article was first published in the American Journal of Islamic Social Sciences 24, no. 1 (2007):25-43

The Application of Ra'y in Seeking Progressive Sharia Economic Law: The Approach of 'Urf and Maqasid Al-Shari'ah

The era of digitalization and the advancement of modern information and communication technology is currently a challenge for Shari'a economic law experts and legal practitioners to explore, find, and determine legal provisions in various new legal cases. Shariah economic law cases continue to surface indefinitely, while the na al-Qur’an and sunnah are limited in quantity. In order to respond to the dynamics of such conditions, they must seek alternative solutions to methods of extracting and discovering laws by optimizing rational thinking (ra’y). Ra’y functions and plays an instrument in instituting unwritten, implied, and explicitly unspeakable laws (masῡt ’anhu). The problem is how to apply ra’y in seeking progressive Shari’ah economic law, and experts opinion on the application of ra’y in seeking progressive Shari’ah economic law. To answer this problem, it is advisable to use the ’urf and maqasid al-Shari’ah approaches.
 Keywords: Ra’y, Islamic economic law, ’urf, and maqasid Shari’ah approach

Actuarial Valuation (Pricing) of Takaful Products. A Malaysian Experience

Takaful is Islamic insurance scheme and, is a policy based on the holistic approach of mutual cooperation, solidarity and brotherhood against unpredicted risk or catastrophes, in which the parties involved, are expected to contribute mutually within Maqasid al-Shari’ah. The nature of the principle of Takaful is fundamentally different from the principle of conventional insurance. Takaful provides insurance coverage to society, which practices based on the Shari’ah principles. In Malaysia, there are several companies, which offer Takaful operation and they are Takaful Malaysia Berhad, Takaful Etiqa Berhad, MNI Takaful Berhad and a few. In Takaful practices, rating or pricing Takaful products and services are determined based on the actuarial science. In this article however an attempt is made to analyse actuarial technique of valuation (pricing) of Takaful products.

The Role of Malaysian Hajj Pilgrims in Preserving The Environment: A Maqasid Al-Shari’ah Perspective

The Role of Malaysian Hajj Pilgrims in Preserving The Environment: A Maqasid Al-Shari’ah Perspective

Women's Empowerment and Participation in Islamic Financial Planning Diversity, Equity and Inclusion: Evidence from Maqasid al-Shari`ah

The study places a strong emphasis on women’s empowerment, given the quick changes in society that are occurring right now. Many women are pursuing various sorts of employment, including self-employment, in this era of economic liberalization and women's empowerment. However, this study aims to investigate the connection between Islam and women's empowerment by examining Maqasid al-Shari'ah perspectives on this matter. To have a thorough understanding of Islam and women's empowerment, it is imperative to consider the role played by women in the financial sector and their contribution to economic progress. Using an experiment, this study examined the relationship between confidence, gender, and race in dealing with a financial planner among various groups and races with colour and creed. The study's implications are significant for comprehending the obstacles and chances that under-represented groups encounter in pursuing financial planning success. The alignment of industry measures to raise the proportion of women and persons from varied backgrounds in the financial services sector led to the focus of this study on women and diversity. This essay examines the primary factors influencing diversity and the place of women in various financial management, CSR, and external corporate governance roles. This research also focuses on women's leadership and social diversity, focusing on female managers committed to fostering and maintaining equity and diversity inside their organizations. This study demonstrates how women plan financially for retirement based on psychological concepts and sociodemographic variables, highlighting the importance of financial management and planning for women. It showed a strong correlation between the investor's choice of investments and the strong relationship between the women's decision-making processes on the mental and financial levels. To assess the core idea of Maqasid al-Shari’ah from primary and secondary Islamic knowledge sources, which serves as a model for women's empowerment, and to pinpoint the obstacles to women's empowerment and participation in Islamic financial planning in terms of diversity, equity, and inclusion, this study employs the qualitative method.

NORMATIVE ISLAMIC CONCEPTUALIZATIONS OF FAMILIES AND KINSHIP THROUGH MAQASID PERSPECTIVES: A COMPREHENSIVE LITERATURE STUDY

The current article represents a comprehensive understanding of the family system and kinship in normative Muslim scholarship. It introduces the perception and definition of family and kinship relations and presents some of its fundamental features and bases in order to restructure critical, yet scattered opinions of scholars from various religious, legal, and historical Islamic sources. This research also aims to investigate numerous normatively formed perspectives related to family forms, the paradigm of values for family and kinship, and the family systems inspired by normative sources of Islam which have been discussed in broader discourse echelons to show the development of Muslim scholarship, provisions, opinions, and analysis, with regard to family and kin, especially under the umbrella of maqāṣid al-shari’ah. The article follows a qualitative methodology with historical, analytical, and descriptive approaches in a comparative manner when investigating normative accounts of the Muslim family and kinship. This study's contribution to international scholars in the field lies in its comprehensive analysis of maqasid framework for family and kinship in Islam and its divergence among normative scholarship. By shedding light on these normative perspectives, it enriches the existing scholarly discourse on maqasid al-shari’ah and opens up new avenues for further research and exploration in contemporary approaches to family and kinship studies. The findings of this study provide valuable insights for researchers, academics, and practitioners seeking a deeper understanding of maqasid al-shari’ah and its practical applications in contemporary contexts. The article found out that the advent of Islam, as mentioned in normative Muslim scholarship, introduced several religious rudiments into the family and kinship life that morally, structurally, and socially altered and regulated the character, structure, and purposes of the Muslim family to ensure stability and advocate social relations and order.

Maqasid Al-Shari’ah is a Divine Shield of Islamic Policy

Shari’ah is the divine law for human beings to regulate their lives according to the will of God. In academia, it became a central focus for a large number of Muslim and non-Muslim scholars. Some considered it revealed law while others considered it a Juristic extraction of law known worldwide as jurisprudence. But it is obvious it is divine in nature as elaborated by Muslim scholarship as per need and requirement for human welfare. In the contemporary era under the influence of secular teachings, the Euro-centric scholarship cogitates it as a private affair but relevant to some issues of Muslim life called personal law affairs and rituals but, Muslim scholarship considered standardized law related to all affairs of life from polity to justice so as to achieve nearness of God (taqwa). It is noteworthy that, though Ghazali codified Maqasid al-Shari’ah within five objectives, other scholars included other necessary aspects that govern all affairs of human life, so that no one will be ill-treated. They uphold that it is a human welfare methodology that necessarily, safeguards human interests at local and international levels and makes it incumbent to regulate Muslim life through inclusive and exclusive methods on a priority basis.

Religious Court Decisions Regarding the Revocation of Grant (Hibah) in the Perspective of Islamic Jurisprudence

This scholarly article examines the judgments rendered by Religious Courts concerning disputes related to the revocation of grants, employing the viewpoint of Islamic jurisprudence and the maslahah theory. In this instance, the judicial panel overseeing the dispute related to the cancellation of the grant primarily invoked the provisions outlined in Article 35, Paragraph 1, and Article 36, Paragraph 1 of the Marriage Act (Law Number 1 of 1974), which pertain to joint property, along with Article 1338 of the Civil Code, addressing agreements. Consequently, the judges disregarded the article pertaining to the right to withdraw the grant’s subject, even though the grant is given without the consent of the other heirs. Meanwhile, in accordance with the maslahah theory, decisions rendered by a panel of judges in the Religious Court ideally aim to actualize the concept of Maqasid al-Shari’ah, specifically focused on the preservation of both property and descendants. This approach helps mitigate adverse consequences that may arise within familial dynamics, particularly in relationships between parents and their heirs. Nevertheless, in accordance with Hans Kelsen’s justice theory, the deliberations undertaken by judges when adjudicating cases involving the revocation of grants often exhibit inconsistency in the application of the pertinent legal framework, thereby leading to a partial realization of the intended concept of justice.

TAXPAYER COMPLIANCE BEHAVIOR ON MUSLIM MICRO, SMALL, AND MEDIUM ENTERPRISE ACTORS IN PASURUAN CITY INDONESIA

The rapid growth of the Micro, Small, and Medium Enterprise (MSME) sector in Pasuruan City does not align with the anticipated level of taxpayer compliance behavior. This discrepancy creates a conflicting situation where the potential revenue generated by the sector clashes with the issue of tax non-compliance, posing a threat to Regional Revenue and the Islamic economy. Therefore, this study examined the understanding, behavior, and Maqasid Al-Shari'ah review of taxpayer compliance behavior of Muslim MSME actors in Pasuruan using a phenomenological qualitative approach. Data were collected through open observation techniques, in-depth interviews, and documentation. The results showed that applicable tax policy was understood through socialization organized by the Cooperative and MSME Office continuously with a humanist approach. Meanwhile, the relationship between Maqāṣid al-Sharī`ah values and tax policy was to provide education by conducting socialization to the community regarding its content and benefits. In the concept of Maqāṣid al-Sharī`ah adh-ḍarūriyāt, the tax policy carried out by the government was included in Hifdzul Maal. This was the top Maqāṣid al-Sharī`ah benefit as a reinforcement of religiosity theory by adding the factors of blessing and economic justice. In contrast, the tax function, policy, registration, payment, rates, and reporting were reinforced by Muslim religiosity.

Khamr in the Perspective of Maslahah Mursalah: A Balance Between Goodness and Legislation on the Prohibition of Alcoholic Beverages

The law regarding alcoholic beverages in Indonesia is still a polemic, for example there is MUI Fatwa No. 11 of 2019 concerning Laws related to Alcohol, unfortunately it is not legally binding and only applies to Muslims in Indonesia. Laws banning alcoholic beverages must be passed in order to enforce laws that apply to everyone, given the current situation, it is important for Indonesia to introduce rules banning alcoholic beverages to ensure that the public is always aware of the dangers they pose. The dangers posed by alcoholic beverages are discussed in this qualitative literature study (library research) from a philosophical and historical perspective using the maqasid al-shari'ah approach. The objectives of the maqasid al-shari'ah study of the prohibition of alcohol and the prohibition of khamr are to: First, Take advantage and eliminate mudharat, Next, the pattern Second, the purpose of saad al-Dzari'ah is to uphold the principle of dar'ul mafasidi muqaddamun 'ala jalbil mashalih, which states that doing good is more important than doing harm. This is done to preserve property, fate, soul, and reason. This shows that all harmful drinks, including khamr, are prohibited and hence considered haram because they use the same legal 'illat as khamr.

Islamic Economic Framework for the Exercise of Islamic Financial Activities: its Conformity with Maqasid Shari`ah

ABSTRACT With the establishment of Islamic banks throughout the latter half of the 20th century, Islamic finance became institutionalized. The emergence of new Islamic banks was accompanied by the emergence of Islamic insurance firms and other Islamic financial organizations. The Maqasid al-Shari’ah in financial transactions reveals the overarching goals and significance to which it aspires through decision-making. It is clear from the careful and continuous examination of several Qur'anic verses and the Prophet's (PBUH) Sunnah regarding financial matters that the Shari'ah has adhered to specific objectives in formulating its financial laws and regulations. These objectives include the fair distribution of wealth within society, continual wealth investments, the satisfaction of economic prosperity for all through the satisfaction of basic human needs, the openness of financial transactions to avoid disputes, and the legitimacy of ownership of private and public wealth. The study offers a Maqasid-based development paradigm, which views development from the perspective of extracting benefit and removing harm. This calls for fostering things that make life simpler, more meaningful, and prosperous while preventing all causes of harm, socioeconomic hardship, and underdevelopment. The approach's strength lies in the proper weight it accords to morality, spirituality, and faith as catalysts for prolonged moderate growth and in its emphasis on all-encompassing yet restrained material progress. The study argues for a detailed investigation of the economic growth and the science of Maqasid al-Shari'ah. The qualitative method is applied in this study to evaluate the fundamental concept of Maqasid Al-Shariah from the primary and secondary sources of knowledge in Islam, which shows the model of the economic system to identify the challenges of governing the Islamic banks and Islamic financial activities accordingly. Keywords: Islamic banks, Islamic Insurance, Financial Institutions, Maqasid al-Shari'ah

Investor Sentiment Under the Maqasid Al-Shari’ah Compliance Asset Pricing Model: A Behavioral Finance Approach to Islamic Finance

This study provides perspectives and insights into the importance of Maqasid al-Shari’ah in the discourse of Shari’ah-Compliant Asset Pricing Model (SCAPM) development by considering inflation and zakat as the minimum level of expected return. The study also integrated market risk and investor sentiment as systematic risks faced by Muslim investors in stock investments. Using a non-linear panel ARDL approach with monthly panel data from 109 Shari’ah-compliant listed companies on the Indonesian Stock Exchange between October 2007 and June 2021 (164 months), the study found that the Islamic market risk premium and investor sentiment had a positive long-term impact on Shari’ah-compliant stock returns. Surprisingly, market risk premium had a reverse effect in the short term, while investor sentiment remained positive. These findings contribute to understanding Islamic finance and have practical implications for investors, financial institutions, and policymakers. Keywords: Maqasid al-Shari’ah, Shariah-compliant asset pricing model, investor sentiment