Maqasid al-Shari Research Articles

Developing and validating the components of Maqasid al-Shari’ah-based performance measurement model for Islamic banks

PurposeThe purpose of this paper is to develop and subsequently validate a Maqasid al-Shari’ah-based performance evaluation model for Islamic banks.Design/methodology/approachInitially, a comprehensive review of the existing and relevant literature is carried out and a prototype evaluation model has been developed. This has been augmented and refined through in-depth interviews of Shari’ah scholars and banking experts. Afterwards, the modified model has been validated by taking inputs from academics and Islamic banking practitioners through a focus group discussion.FindingsThe major outcome of the present work is a Maqasid al-Shari’ah-based performance evaluation model for Islamic banks. At the inception of the work, the Maqasid frameworks of Imam al-Ghazali and Abu Zahrah were combined. The combined model incorporates various dimensions, elements and the corresponding measures of three components, namely, justice, education and maslahah.Research limitations/implicationsNot being able to test the model statistically or empirically can be considered as a limitation.Practical implicationsThe comprehensive theoretical framework of the developed model addresses all aspects of human well-being. Thus, if implemented the model will ensure welfare for all the stakeholders. It will also encourage the regulators to introduce new reporting standards which will be more reflective of Maqasid al-Shari’ah.Social implicationsFulfilling Maqasid will create a positive brand image for Islamic banks, which will attract more customers both Muslims and non-Muslims. Thus, this will create a wider scope for earning more revenues.Originality/valueThere has been concern that Islamic banks are converging towards conventional banking systems and the same performance measure instrument is being used to evaluate the performance of both Islamic and conventional banks. The present work has developed a Maqasid al-Shari’ah-based performance evaluation model for Islamic banks.

Corporate Social Responsibility Practices In Islamic Studies In Indonesian

This research to reveal the study of the theory about Corporate Social Responsibility. The research process uses a review of research from several corporate social responsibility studies, by conducting an in-depth and intensive review of documentation, the research seeks to explore the details of a corporate social responsibility in Islamic studies, and the theoretical study of corporate social responsibility is interpreted as being related with the Qur'an and Al-Hadith. Research results have shown successfully revealed that the theory about corporate social responsibility all already exists on the Qur'an and Al-Hadith. Implementation of a corporate social responsibility, maslahah and maqasid al-Shari'ah is a fiddun-ya wal akhirat scale. In Islamic theory, Corporate social responsibility requires to prioritize the interests of al-dharuriyyah first, followed by al-hajiyyah and al-tahsiniyyah, corporate social responsibility can be divided into three concepts: Spiritual Concept, Rahmatan Lil ’Alamin, Ukhuwah Islamiah.

Mediating Effect of Self-Efficacy on the Well-Being of Employed Poor Asnaf: A Theoretical Framework

The vital purpose of Islam is to ensure and promote the well-being of all humanity and to prevent harm. From the Islamic perspective, well-being is explained through inside and outer fulfillment, driving towards a peaceful life, Hayat-e-Tayyaba. The objectives and vision of well-being are to satisfy the material and non-material needs. Additionally, well-being is an attempt to improve the quality of life to a level that is safe, healthy and comfortable from both the physical and psychological perspectives. These are parallel with the Maqasid al-Shari'ah principles outlined by scholars. From the perspective of asnaf, physical and mental well-being are vital as they are vulnerable to the socioeconomic pressures at present. Thus, the objective of this paper is to propose a conceptual framework of well-being and the role of self-efficacy. The framework explains the relationship between independent variables; physical activity, eating habits and self-efficacy on the well-being of asnaf; physical and mental well-being (dependent variables). The proposed framework has several significant implications for understanding, creating awareness and promoting the well-being of employed poor asnaf.

Inspection of Maqasid al-Syari’ah in Religious Texts Regarding the Recommendation to Shave Underarm Hair

This study discusses the aesthetics of personal grooming which includes recommendations for shaving armpit hair. This study aims to better understand the aesthetics of personal grooming and hadiths regarding the recommendation to remove armpit hair in terms of al-mashlahah’s approach, al-Syatibi’s perspective. The method of this study was qualitative which involves a literature review. The explanation is analyzed through three stages which include the stages of data condensation, data display, and conclusion-verification. The results found that the aesthetics of personal grooming in Islam accordance with maqasid al-shari’ah because of its hygiene and health perspective. For that, shaving the armpit hair is in accordance with the objectives of shari’, which is to bring benefits (mashlahat) and prevent disease (mafsadat).

PARADIGMA DAN ALIENASI KONSEP MASLAHAT AL-TUFI SEBAGAI LEGALITAS SUMBER SYARIAH

This article discusses how al-Tufi's views on maslahat are the supremacy of the sharia law. This research uses library research method with the primary data source of this research is the book Sharh al-Arba'in al-Nawawi Mulhiq al-Maslahah fi al-Tashri 'al-Islami, and Sharh Mukhtasar al-Raudah, which is al-Tūfi. The findings of this study are that the maslahat in the view of al-Tufi is all the reason for delivering goodness both in the field of worship and mu'amalah as well as all efforts to realize the maqasid al-shari'ah. The concept of maslahatnya is based not only on the mind, but also based on nas}, both the Qur'an and Hadith and ijmak. The priority priorities with the takhsis method and the town referred to as al-Tufi only apply to naskah-nascans rather than the qat'i nas. Furthermore, the priority of al-Tufi's maslahat only applies to the field of mua'malah and which is attributed to him, not to the field of worship and to which it is attributed to the last cause given to the law and ijmak.

Thematic Interpretation of Law, Justice, and Human Rights by the Indonesian Ministry of Religious Affairs: The Perspectives of Maqasid alShari'ah and ad-Dakhil wal-Ashil

This study aims to comprehensively describe the thematic interpretation of the law, justice, and human rights by the Indonesian Ministry of Religious Affairs from the perspectives of maqasid al-shar'iah and ad-dakhil wal ashil analysis, which has not been done extensively. Even though Indonesia is a pluralistic society, this is an urgent matter. This considers that maqasid al-shari'ah and ad-dakhil wal-ashil demonstrate the unpopularity of law, justice, and human rights in the context of thematic interpretation. This research employed a library research paradigm and qualitative analysis methodology. The documentation approach was used for data collection. The results of the analysis indicate that the thematic interpretation of the law, justice, and human rights by the Indonesian Ministry of Religious Affairs has accounted for the source of authentic interpretation (al-ashil), comprehensive knowledge related to the principles of the science of interpretation, and the conditions that the team of interpreters must meet, and that there is no distorted interpretation related to the categorization of authentic (al-asil) and non-authentic interpretation.

The role of Sukuk in achieving sustainable development: Evidence from the Islamic Development Bank

The purpose of this study is to examine the compliance of Islamic Development Bank (IDB) Sukuk with Maqasid Al-Shari’ah (objectives of Islamic law) in relation to human development and well-being. The paper provides a theoretical model explaining how Sukuk can achieve Maqasid Al-Shari’ah by assessing the role of Sukuk in the circulation, development, and preservation of wealth to attain social justice. This study employs a qualitative methodology using an empirical case study. The primary data are collected through elite semi-structured interviews. The secondary data are obtained using a content analysis method from Sukuk’s Principle Terms and Conditions, Information Memorandum and IDB’s annual reports for the period 2007–2017 to explain the structures and features of the Sukuk and examine their compliance with the developed model. The findings indicate that the Medium Term Note (MTN) Sukuk program positively serves the elements of hifth al-mal (safeguarding wealth), showing a direct relationship between the shift of wealth among parties and the compliance of Maqasid Al-Shari’ah. This implies that the investments made by Sukuk would benefit everyone, including individuals, institutions, societies, and the whole country, to achieve human well-being and sustainable development. Nonetheless, the analysis suggests that Shari’ah supervisory boards need to focus more on the substance when structuring Sukuk to help Islamic finance benefit in terms of moving towards the achievement of Maqasid Al-Shari’ah.

REALIZING MAQASID AL-SHARI’AH IN SHARI’AH GOVERNANCE: A CASE STUDY OF ISLAMIC BANKING INSTITUTIONS MALAYSIA

This study explores how far the element of maqasid al-Shari’ah is realized through the practice of Shari’ah governance in Malaysia. Among the main bodies in Islamic banking institutions, Shari’ah governance plays a vital role in ensuring that all financial activities comply with Shari’ah rulings and its objective. Based on library research, this study analyzes secondary sources including books, articles and related documents to obtain a clear picture of the element of maqasid al- shari’ah in Shari’ah governance. The findings reveal that two special maqasid have been realized through the practice of Shari’ah governance in Malaysia: ensuring the viability of Islamic banking institutions and promoting transparency. While this study is limited due to the lack of empirical analysis, it could be considered as being among the preliminary studies on the topic of maqasid al-Shari’ah in Shari’ah governance.

The role of maqasid al-Shariʿah in applying fiqh muamalat into modern Islamic banking in Malaysia

Purpose This paper aims to explore the practical role of maqasid al-Shari’ah in applying fiqh muamalat to the reality of modern banking practices. As the modern financial environment is complicated and not too conducive for Islamic banking operations, a special approach based on maqasid al-Shari’ah is needed to harmonize between revelation and reality. Design/methodology/approach The data of this study are obtained through literature and empirical data. As for the empirical, the exploratory qualitative approach is applied in which three members of the Shari’ah Advisory Council (SAC) of Bank Negara Malaysia (BNM) as well as three Shari’ah committees (SC) of Islamic Finance Institutions are selected as interviewees. As a result, several themes are defined from the interview data before they are analyzed based on the concept of maqasid al-Shari’ah. Findings The findings reveal that several practices are prevalent in developing Islamic banking products, including replicating conventional products to be Islamic ones, imposing wa’ad (unilateral promise) to strengthen the combination of different contracts into one product, and adopting floating rate with ibra’ (rebate) for financing price, which are needed to sustain this industry in modern financial system. In this regard, maqasid al-Shari’ah is applied to reconcile between rulings in fiqh muamalat and banking environments, so that these rulings can be adopted pragmatically without compromising Shari’ah principles. Research limitations/implications This study has its limitations, as it focuses on the extent of the role of the maqasid al-Shari’ah in Islamic banking operations, excluding other segments of Islamic finance such as Islamic capital markets and Islamic insurance. Moreover, as data are collected from only six interviewees from SAC and SC of Malaysia, the results cannot be represented for the whole Islamic banking practices of this country. Practical implications This study provides several policy recommendations regarding the practice of the maqasid al-Shari’ah in Islamic banking. These may be useful for all Islamic finance players, including regulators and bankers in introducing policies and products in this area. Social implications This study has the potential to enhance the confidence of the Muslim community, particularly in Islamic banking to support its existence and practices. The impact of such optimism will lead to an increase in demand for Islamic banking products, hence encouraging Islamic banking to sustain and update its activities in line with maqasid al-Shari’ah. Originality/value This paper offers a practical approach as regards to how the maqasid al-Shari’ah can play a significant role in sustaining the Islamic banking industry, particularly in circumstances that are not favorable to its progress. It is indispensable to prevent the Islamic rulings from being diverted in the name of human well-being and to avoid basing them on a literal textual approach. Moreover, as it provides empirical studies on the issue of replication, wa’ad, floating rate and ibra’, the discussion on this subject becomes more practical.

Enhancing Household Well-being through Zakat Assistance

The main purpose of Islam is to ensure and promote the wellbeing of all humanity and to avoid harm. From an Islamic perspective, wellbeing is explained through inside and outer fulfillment, driving towards a peaceful life, named as Hayat-e-Tayyaba. The objectives and vision of wellbeing are to satisfy the material and non-material needs. The Maqasid al-Shari’ah principles are normally used by scholars to explain wellbeing from the Islamic perspective. The objective of this empirical paper is to determine the wellbeing status of zakat recipient in Selangor using one of the dimensions of Maqasid al-Shari’ah that is wealth. Specifically, the potential ability of zakat to enhance the wellbeing of poor households is discussed. The present study employed a dataset derived from a survey consisting of 258 heads of households of poor zakat recipients in the state of Selangor, the most populated state in Malaysia. The cross-section study employed the proportionate random sampling method across nine districts in Selangor. The paper presents the wellbeing of households proxied by selected variables representing the five dimensions of Maqasid al-Shari’ah using descriptive statistics, T-test and Pearson correlation. In brief, the role of zakat to promote a better life from a micro perspective is highlighted.

Modern Application of Bai` al-Sarf (Currency Exchange) From Maqasid Al-Shari’ah Perspective: A Scoping Review

Bai’ al-sarf widely known as currency exchange is an important sale contract both in classical and contemporary world. This scoping review looks into the objectives behind the rulings set by the Shari’ah for this sale contract. These objectives are sorted out from the commentaries of the hadith and the deliberations of the jurists through textual analysis method. Some of the modern applications such as T+2 and Islamic Foreign Currency Exchange (FX) Swap structures are briefly juxtaposed against the objectives of bai’ al-sarf we discovered. Objectives of Shari’ah rulings in spot exchange is to avoid falling into the sale of debt against debt (al-kali bi al-kali), prevention of payment delay by one of the counter parties, prevention of conflict between the counter parties, and last not least to avoid falling into exchange contracts that will induce riba. Keywords: Bai’ al-sarf, currency exchange, spot seizing (al-taqabud fi al-majlis), equal counter-values (al-tamathul), sad bab al-niza’ (closing the door of conflict), riba.

CONSTRUCTING A MAQASID (OBJECTIVE) BASED PERFORMANCE MEASUREMENT INDEX FOR ISLAMIC BANKS

The current study aims to develop a Maqasid al-Shari’ah (objective of Islamic Law) based a new performance evaluation index for Islamic banks. In order to achieve the objective, the current study conducted twelve semi-structured interviews of academics and practitioners who specialize in Islamic banking and finance (IBF) to select the variables for the index. In order to validate the selected variables, a focus group discussion was arranged that consisted of five experts in IBF. Then, in order to prioritize the selected Maqasid variables, items and sub-items, the Analytic Hierarchy Process (AHP) was employed. The thirty respondents included industry experts, Shari’ah scholars and academics. Lastly, an index was developed and tested on some selected Islamic banks in Malaysia and Bangladesh to rank their Maqasid based performance. The findings revealed that RHB Islamic bank ranked first among the sampled Islamic banks. Overall, Malaysian Islamic banks performed better than Bangladeshi Islamic banks. The novelty of this study lies in its contribution to the theory of Maqasid al-Shari’ah with respect to banking performance evaluation. The index is expected to assist policy makers, practitioners and other stakeholders to determine whether the performance of Islamic banks is in line with Maqasid al-Shari’ah and therefore adopt necessary policy changes accordingly.

THE SUBSTANCE OF THE PROHIBITION OF ALCOHOLIC BEVERAGES IN THE MANIFESTATION OF THE MAQASID AL-SHARI’A IN LAND OF PAPUA

This paper elaborated on the Substance of the Prohibition of Alcoholic Beverages in the Provincial Regulation of Papua Number 15 of 2013 concerning the Prohibition of the Production, Distribution, and Sales of Alcoholic Beverages in the Manifestation of Maqasid al-Shari’a in Papua. This type of research was qualitative empirical legal research with a normative theological approach, statute approach, and sociological approach. The results showed that the substance of the prohibition of alcoholic beverages in the Provincial Regulation of Papua Number 15/2013 which totally prohibited the production, distribution, sales, and consumption of alcoholic beverages was legally contrary to Presidential Decree Number 74 of 2013. Based on the principle of “Lex Superiori Derogad Lege Inferiori”, the Provincial Regulation of Papua Number 15 of 2013 could be ruled out by the Presidential Decree Number 74 of 2013. Therefore, the Ministry of Home Affairs canceled the Provincial Regulation Number 15 of 2013 because it violated the principle of the hierarchy of laws and regulations. Based on the perspective of maqasid al-shari’a, the regulation of alcoholic beverages in the Provincial Regulation of Papua was a necessity of daruriyyat. Thus, everything to make it happen was also daruriyyat.

ISLAMIC BUSINESS ETHICS IN THE MAQASID AL-SHARI'AH PERSPECTIVE

Various studies on business ethics have carried out. However, as a Muslim, legal awareness of business ethics implementation will be more easily enhanced by using the Islamic Law approach, including the maqasid al-shari 'ah plan. This research is library research, which uses qualitative methods with a juridical (legal) approach, namely Islamic Law. The results showed that in terms of maqasid al-shari'ah , the principles of Islamic business ethics were in line with maqasid al-shari'ah . The principle of the oneness of Allah (monotheism): hifzh al-din (guarding religion); the principle of balance and justice, related to hifzh al-nafs (guarding the soul); the principle of freedom is in line with hifzh al-ʻaql ; the law of responsibility following hifzh al-nasl (safeguarding offspring and h

Analisis Maqasid Al-Shariah Terhadap Peran Pemerintah Kota Surabaya dalam Mewujudkan Kota Layak Anak

The research entitled: "Maqasid al-Shari'ah Analysis of the Role of the Surabaya City Government in Realizing Child Friendly Cities" is a field research that aims to answer the question how the role of the Surabaya City Government in realizing Child Friendly Cities through established public policies from the perspective of the maq??id al-shar?'ah. Research data were collected using interview and documentation techniques and then analyzed using descriptive analysis techniques with a deductive mindset. The results of the study concluded that the Surabaya City Government was very active in realizing Child Friendly Cities through the protection and fulfillment of children's rights, which was clearly seen from the existence of various public policies that were established to support institutional strengthening and fulfillment of the five Child Friendly Cities clusters.The role of the Surabaya City Government is in accordance with the concept of maqasid al-shari'ah because the determination of public policy is based on the welfare of children. This is proven by the elements of hifz al-din and hifz al-nasl in the public policy regarding civil rights and freedom, family environment, and alternative protection. In addition, there are elements of hifz al-nafs and hifz al-aql in public policies regarding institutional strengthening and the five Child Friendly Cities clusters, although they are actually less than perfect due to the absence of the hifz al-mal elements in them.

MAQASHID AL-SYARI’AH CONCEPT OF KAFA’AH IN MARRIAGE

Basically, kafa'ah in a marriage is equality, compatibility or proportionality between the prospective bridegroom and bride. Kafa'ah in terms of religion is a necessity for a Muslim who is going to get married. One of the important things that must be done before marriage is considering several things such as nasab, religion, belief, profession, freedom, and property. However, nowadays, many couples do not heed the Kafa'ah criteria,and even many marriages happen between men and women with significant age difference. For example, a marriage between an old woman and a very young man, or vice versa. Considering these phenomena in the society, then the concept of maqasid al-shari'ah or the purpose of Islamic law is an important discussion to look at the marriage practices in the society. This is very much related to the protection of religion, soul, mind, descendant and wealth. This study analyzedlarge age disparity marriage practicesin Karang Endah village, by using the concept of ushul fiqh. The type of qualitative research used was ethnography. Research data were obtained through the use of some references such as books, journals, articles relating to the object under study. The results of this study indicated that a large age gap marriageoccurred in Karang Endah village wasbased on emotional factors of the couple. In Islam, this kind of marriage does not contradict the syari'ah rules, because Islam does not explicitly explain the age limit to be categorized as an adult. Therefore, referring to the concept of maqashid al-syari'ah, it could be concluded that large age disparity marriage occurred in Karang Endah village was carried out to protect religion, lives, and offspring of the couples.
 Keywords: Marriage, Kafa'ah, Age Disparity, Maqasid al-Syari'ah

Penyelenggaraan Perlindungan Anak dalam Perda Kota Surabaya No. 6 Tahun 2011 Perspektif Maqasid Al-Shari’ah

Regional Regulation (Perda) of Surabaya No. 6 of 2011 concerning the Implementation of Child Protection. It contains provisions regarding children and their obligations, the implementation of child protection, and the obligations of parents, families, communities, and local governments towards them including child labor in informal sector work, community, and private sector participation, Child-Friendly City Task Force, prohibition, guidance and supervision as well as administrative, investigative, and criminal sanctions. The implementation of Regional Regulation related to child protection in Surabaya City, by Regulation No. 6 of 2011 is in accordance with maqasid al-shari'ah based on the five main elements which are the objectives of the legal designation, even though in the regional regulation, hifz al-din and hifz al-mal get a smaller portion of the setting and a different degree of clarity than the other three components. Therefore, there must be a balanced aspect of five legal objectives in the regional regulation of child protection to work optimally. Apart from that, there should also be clearer regulations, especially regarding the protection of religion and children's property so as not to create different interpretations from policy implementers and other interested parties.

Wellbeing of the Society: A Maqasid al-Shari'ah Approach

Wellbeing is generally seen as an example of the condition of households, society, and people. The issue of wellbeing in the modernized world has been reviewed and explained in various ways as it is a crucial issue for a household that acts as a reflection of the comfort status among humanity. From the Islamic perspective, wellbeing can be widely explained through inner and outer fulfilment, and guiding people through a peaceful life, named as hayat al-tayyibah. The ultimate objective of the paper is to present a framework of wellbeing from the Maqasid al-Shari'âh principles. Each dimension of the principles were deliberated according to the views of scholars from the perspective of the Shari'ah. The paper highlights the operation of Maqasid al-Shari'ah as a measurable multidimensional concept, a relatively new discipline in various fields of social sciences and economics. Studies have shown that wellbeing could be explained in a multidimensional perspective using these principles.

Relationship of Maqasid al-Shari�ah with Usul al-Fiqh (overview of historical, methodological and applicative aspects)

Studies on maqasid al-shari�ah have been widely written and reviewed by researchers of Islamic law. Some have written about the maqasid al-shari�ah�s concept, the figures� thought, and its application to various Islamic law and social issues. As a new study, maqasid al-shari�ah is widely studied in the context of renewing Islamic law, however little discuss about history of maqasid al-shari�ah and relations with usul al-fiqh. Because historically, the birth of maqasid al-shari�ah can�t be separated from development of usul al-fiqh through the scholars usul al-fiqh. As well as in terms of methodology, maqasid al-shari�ah have a close relationship with method istinba? al-�hkam in usul al-fiqh,� as qiyas,� maslahah al-mursalah, al-�ari�ah �and istihsan. While in terms of application, maqasid al-shari�ah together with usul al-fiqh namely departing from the proposition of naqli (revelation) and �aqli (reason) which is global and analyzes various opinions in deciding Islamic law. It�s just that usul al-fiqh is dominated by linguistic aspects, meanwhile the maqasid al-shari�ah emphasizes the divine aspect behind the law.� That�s why to see relationships among maqasid al-shari�ah and usul al-fiqh, this research uses library research method or literature review by researching the main sources which discusses about relations maqasid al-shari�ah and usul al-fiqh in terms of historical, methodological and applicative.

Comparison of Maqasid al-Shari�ah asy-Syathibi and ibn �Ashur perspective of Usul al-Fiqh four mazhab

Islamic law is established to ensure that human interests related to basic rights inherent in their lives include: the right to life, descent, wealth, thought and respect, can be realized. According to the reality, the problems that arise related to these rights are very complex and sustainable. This consideration necessitates efforts to realize Islamic humanist law in the interests of human life. In Usul Fiqh there is the concept of maslahat, as a standard of how basic human rights can be ensured of their fullness and sustainability. And the theory of Maqashid al-Sharia is seen as quite effective in realizing benefit, which means it is a necessity to study the thoughts of al-Shathibi and Ibn Ashur, because both are seen as very influential figures in the development of Maqashid al-Sharia. Therefore, this study is intended to study in a qualitative-comparative way of thinking of the two figures using the Maqashid al-Sharia framework according to the Ulama of Ushul Fiqh of the Four Mazhab. The results of this study can be stated that the orientation of the theory of Maqashid al-Sharia according to al-Shathibi to realize the benefit of the world and the hereafter, while Ibn Ashur limits only the world. Furthermore, the theory of Maqashid al-Sharia al-Shathibi and Ibn Ashur in the review of Usul Fiqh of Four Mazhab can be stated still in the context permitted by Islamic Sharia.