Objectives Of Islamic Law Research Articles

Justice Dimensions of Islamic Inheritance Law in Determining The Inheritance Rights Of Parents, Children and husband/wive

The purpose of this research is to know about the dimension of justice of Islamic Inheritance Law (faraidh) in determining the right of parents, children and wife /husband as dzawil Furudh heir. To achieve these objectives have been conducted normative legal research that is descriptive. Data analysis techniques used qualitative data analysis techniques. The result of the study obtained that Islamic Inheritance Law has the dimension of justice in determining the right of dzawil Furudh, that is proportional or equal justice in accordance with rights and obligations, social justice which not only pay attention to bloodline but also inheritance rights also given to the parents as birrul walidain and inheritance rights of them is never covered by anyone. Similarly, justice inheritance rights for the husband or wife of the inheritor, they shall be entitled to inheritance in accordance with the rights and obligations. While the dimension of justice inheritance rights of children, Islamic Inheritance Law provides a strong position. All the justice dimensions of Islamic Inheritance Law, in accordance with the objectives of Islamic law or maqashid shariah.

Undang-undang Hak Cipta Nomor 28 Tahun 2014 dalam Prespektif Ekonomi Hukum Ekonomi Islam

This present study aims to explain what intellectual property rights inthe conception of sharia law (Islamic economics) are and how theProtection of Copyright under the Law Number 28 of 2014 is in theperspective of Islamic economic law. It was a qualitative study byconducting an explorative analytical doctrinal research method inrelation to the legal facts regarding the norms contained in the LawNumber 28 of 2014 on the Protection of Copyright (HAKI) in theperspective of Islamic economic law. The consensus (ijma’) of fiqhMuslim scholars (ulema) asserts that the right of ownership of mindand creation towards the result of thought and its creations is amaterial possession. This is based on the source of the law of maslahahmursalah (common benefit) and in accordance with maqashid al-sharia(objectives of Islamic law) because the right of thought and creationsof the mind associated with the nature of property (al-mal) can betransacted and inherited if the owner dies, becomes a will if it meetsall the requirements of property in Islamic law, and has the sameposition as other halal property. Therefore, a person’scopyright/creative rights should receive the same legal protection asother rights.
 Keywords: Intellectual Property Rights, al-Mal, Law Number 28 of 2014 on Copyright, Islamic Economics.

Considering Maalat as an Approach to Applying Maslahah in Reality

Maalat (consequences of an action) was suggested by al-Shatibi as a principle to engage with situations where the outcomes of Islamic rules are not in line with their objectives. While rules in Islam are revealed for the sake of maslahah (well-being), in some situations implementing them might not achieve this element, maybe even militating against it. Through maalat, al-Shatibi suggested providing exceptions in those situations, involving either the banning of a permitted action or the toleration of a prohibited action. However, without a proper understanding of this principle, its application could be misunderstood as a way to justify amending a rule in the name of maslahah. This might eventually endanger the integrity of the Islamic rules. In this regard, this paper aims to analyse al-Shatibi’s conception of maalat and identify the fundamentals behind this principle. The findings reveal that the principle of maalat must be applied under the disciplines of ijtihad (reasoning) and maqasid al-Shariah (objectives of Islamic law), and with reference to an accurate understanding of reality, thereby ensuring its application is in line with Islamic principles.

Good Governance According to Islamic Perspective

The objectives of the professional agencies must embody provisions that promote good governance and embrace values of integrity and accountability and seek support from the public and the government of the day to provide an independent view on all matters. The universal truth is that everything should be done in the public good. Professionals form the backbone of human infrastructure in any economy, politics, social and legal growth. Their contributions through professional performance enhance the good delivery system that facilitates policies making and management for public sector. They provide the skills and talent in balancing the pursuits of maximization of services. The expression “good governance” has constantly been used lately in both public sector as well as private sector in Malaysia. In the context of a private body, it should be within the framework of the statute, which governs the body and also its constitution. In the public sector, it means that the administrators should act professionally and not to abuse or misuse the power or authority given to them. They are regarded as the trustees of the public at large. The scope of this article is on good public governance in the public sector or to be exact, good governmental administration as interpreted by the judiciary especially through its judicial review power and Islamic Perspective based on the principles of Maqasid As Shariah (Objectives of Islamic Law). Keywords: Good Governance, Public Sector, Malaysian Law, Islamic Perspective, Maqasid As-Shariah.

Secularism in Medicine from Maqasid Al-Syariah

regaining health. Modern medicine however has evolved to be an almost secular entity and generally thought to be incompatible with Islam. Islamic medicine is also associated with nonevidenced based practices that are not in line with science. The objective of this study is to explore the concept of secularism that has influenced the framework of thought in medicine from the perspective of maqasid syari’ah (the objectives of Islamic law). Qualitative review incorporating related descriptive and comparative studies. The development of complementary medicine especially non evidence based practices had created confusion within society. At the same time, the modern medicine which based on scientific evidence is dissociated the relation between the human and The Creator. Both practice and belief is against the concept of maqasid syari’ah that aims to preserve the healthy state of the human with the ultimate objective to practice the religion, the authority of scientific based medicine and the authenticity of the epistemology in Islamic tradition of knowledge. In Islam standardization of medical practice is achieved by applying the concept of sunnatullah (the physical law of Allah Taala to the creation) and shari’atullah (the jurisprudence law in term of belief and practice). Practices which are aligned to these principles are accepted and the rest rejected. In other words, practices which are proven to be beneficial to humans and explainable by science yet maintaining the relationship between the human and God are considered to be Islamic medicine by principle. The finding of this review highlights the secularism that affect the complementary and modern medicine will affect the maqasid syari’ah in healthcare practices.

HAK ASASI MANUSIA PERSPEKTIF HUKUM ISLAM

Abstract: HAM is basically God's greatest gift to man in carrying out his duties and functions as khalifatullah without discrimination between one another. However, there are some people who think that in Islamic law does not find the formulation of human rights as the concept of Western-style human rights but only contains the rules of duty and duty to obey God and His law alone. Based on the searches of the verses of the Qur'an and Sunnah it is concluded that Islamic law has formulated the regulation and protection of human rights for human beings. Unlike anthrophocentric Western human rights, human rights in Islamic law not only recognize the right of human beings (huququl 'ibad) but it is based on the basic human obligation to serve Allah Almighty (huququllah). Islamic law establishes the main principles in the protection of human rights that are significant with the objectives of Islamic law namely the principle of protection of religion (hifdz al-din), soul (hifdz al-nafs), reason (hifdz al-'aql), descendants (hifdz al-nasl) and treasure (hifdz al-mal).

CRITICAL ANALYSIS OF ORGAN DONATION FROM THE ISLAMIC PERSPECTIVE

Most Islamic religious pioneers acknowledge organ transplantation from living donor (if they don’t hurt the contributor) and after death to spare life. Most religious scholars don’t recognize cerebral passing like a foundation as well as reflect on the discontinuance of all life indications, comprising heart musicality as a precondition for proclaiming demise. Regardless of this Islamic religious position, Muslims regularly have questions about whether the Islamic custom considers organ transplantation restricted. This instability comes from the equivocalness caused by clashing perspectives among some Islamic pioneers on this issue. What’s more, the absence of help with a by and large negative disposition towards transplantation has been reflected in the studies of different Islamic populace. This general disregard of organ transplantation has brought about a low rate of cooperation in organ transplantation by rehearsing Muslims, even in situations where the donation would be viewed as satisfactory by religious scholars. In Islam, the acceptability of organ donation and transplantation is not particularly specified in the fundamental wellsprings of reference, to be specific the Qur’ān and the Ḥadīth. In reality, organ donation and transplantation are present day advancements in medical science. The perspectives of Islamic researchers on organ transplantation are ijtihādī in nature, which implies that Ijtihād (legal elucidation) depends on Islamic lawful proverbs (Qawā’id Al-Fiqhiyyah). Fundamentally, organ donation and transplantation are permitted in Islam. To be sure, reacting to organ transplantation and providing for the prerequisite to protect human life, this is one of five Objectives of Islamic Law (Maqāṣid al-Sharīʻah).

Religion and CSR: An Islamic “Political” Model of Corporate Governance

This article examines the political perspective of corporate social responsibility from the standpoint of normative Islam. We argue that large firms within Muslim majority countries have the moral obligation to assist governments in addressing challenges related to sustainable socioeconomic development and in advancing human rights. In substantiating our argument, we draw upon the Islamic business ethics, stakeholder theory, and corporate governance literatures, as well as the concepts of Maqasid al Shariah (the objectives of Islamic law) and fard al ‘ayn (obligation upon all individuals within society) versus fard al kifayah (obligation upon some individuals within society) to introduce a normative model elucidating critical Islamic precepts. Finally, we propose an Islamic “political” corporate governance framework, which democratizes firm decision making by embedding “core” stakeholders, nongovernmental organizations (NGOs), and Shariah scholars in the corporate board, thereby enhancing the ability of businesses to respond to stakeholder concerns and priorities, while mitigating interstakeholder and intraboard power asymmetries.

Measuring Deprivation from Maqāṣid al-Sharīʿah Dimensions in OIC Countries: Ranking and Policy Focus(1)

While economists have established the link between values and economy, it has been ignored in popular measures of socio-economic development. The paper proposes a complementary values-based index to existing value-neutral indices on socio-economic development and formulates a 3-stage policy to reduce deprivation from maqāṣid al-Sharīʿah (the objectives of Islamic law) dimensions in OIC (Organization of Islamic Cooperation) countries by setting up absolute and relative policy targets. It explores the policy focus for maqāṣid al-Sharīʿah (MS) dimensions by ranking OIC countries using recent World Values Survey (WVS wave 6). The paper contributes by extending the frontiers of knowledge in multiple ways. It is the first to propose the use of an MS index from a policy perspective. It outlines selection criteria for choosing indicators within Sharīʿah perspective. It constructs a Maqāṣid alSharīʿah Deprivation Perception Index (MSDPI), using the Alkire-Foster dual-cut-off counting methodology, which is easily replicable using data from a single publicly available authentic source. The results show not only the ranking of countries but also points out the dimensions in which improvements are required for comprehensive development by setting absolute and relative targets for policy intervention.

Mandatory Premarital Genetic Screening For Hereditary Disease In Light Of The Five Objectives Of Islamic Law

Background: Premarital genetic screening is a test in which prospective married couples undergo specific tests for genetic, infectious and blood transmitted diseases to prevent any risk of transmitting such diseases to their children. Such a test is important in view of the increasing number of children affected with genetic or blood transmitted diseases. In the Arab countries, for example, in the United Arab Emirates (UAE), Saudi Arabia and the Kingdom of Bahrain, their Ministries of Health have made it mandatory for all prospective married couples to undergo the screening process before getting married. This regulation is precisely because of the high prevalence of hereditary disease like sickle cell disease and to a certain extent Thalassemia that may be associated with the prevalence of consanguineous marriages in such countries. While there is obvious benefit for this particular test, Muslim scholars, however, hold differing views on the issue of the enforcement of this test upon the population. While the paper addresses their concerns, it attempts to try to justify mandatory premarital genetic screening in light of the five objectives of Islamic Law. Methods: The method employed is restricted to desk-top study (qualitative) relying solely on empirical sources.

Analisa Pasal 185 Kompilasi Hukum Islam Tentang Ahli Waris Pengganti

In the development of Islamic inheritance law. There is amatter concerning substitute heirs having the purpose of searching for justice for the theirs. Basically, the substitute heirs become heirs because the parents having the inheritance rights have passed away before the inheritors. The concept of substitute heirs under section 185 Compilation of Islamic Law that applies to all descendants of the heir who died first of the heirs and the heirs of the successor does not exceed an equal heir with being replaced. Beside that also, because the position of substitute heirs are not described in the Holy Koran it directly, but the content maslahah line with the objectives of Islamic Law that is to realize a sense of justice for the heirs. Because, the position of substitute heirsis not something contrary to maqashid al-Shari’ah, the benefit rational because the result of an ijtihad and considerations of justice upon the inheritance for heirs.

Exploring the Contribution of Islam towards Global Governance Locating Ethics within the Discourse of Policy

This paper aims to tackle the problem that Global Governance is currently encountering: the absence of ethics within the framework of policy making. It seeks to fill this gap by discussing how Islamic thought can contribute positively towards the making the notion of ethics central in governance. The paper will begin with an overview of Global Governance and the historical and current intellectual trends within this field. It will then provide an overview of the knowledge gaps that currently exist in global governance. From there, the paper will discuss the role of ethics in directing governance across the world. To do so, it will explore the literature on International Relations and Religion that critiques Max Weber’s ‘Secularization Thesis’. The paper then takes forward the discussion of Islam in international relations by examining the ethical principles that underpin the design of Islamic law. This is known as ‘Objectives of Islamic Law’ (‘Maqasid ash Shariah’). It then uses these principles to understand how Islam can contribute to two major aspects of global governance: (1) the environment and (2) human mobility specifically focused on refugees.

Customers’ Islamic ethical behavior: the case of Malaysian Islamic banks

PurposeThe purpose of this paper is to determine the framework of customers’ Islamic ethical behavior in Islamic banks in Malaysia.Design/methodology/approachThis paper used a quantitative approach based on Maqasid Shariah (objectives of Islamic law) and by running exploratory factor analysis. A survey questionnaire was created. The data of 530 respondents were collected from the customers of Islamic banks located in Malaysia.FindingsThe findings revealed that the theoretical framework consists of four main constructs: Islamic ethical behavior, religious obligation, reputation and profit and investment, in which all constructs are complying with Maqasid Shariah and three (i.e. Islamic ethical behavior, religious obligation and reputation) consist of two components for each construct.Research limitations/implicationsThere are two limitations that require further acknowledgements. First, the study population only focused on Islamic banks’ customers. Second, this research highlighted only Malaysia and Malaysian citizens.Originality/valueThe paper contributes to the literature on Islamic ethical behavior in Southeast Asian economy. Unlike other Islamic ethical studies where the writing is mainly theoretical in nature, this study used an empirical method to reveal what should constitute for the framework of customers’ Islamic ethical behavior which is based on Maqasid Shariah.

Environmental Planning Policy and Development Strategies in the Context of Maqasid Al-Shari’ah

In general, town and country planning are dominated by policies and strategies. These policies are most likely to vary according to the scale, type and purpose of the planning. Malaysia exercises a three-tier planning system which is attached to physical plans namely, National Physical Plan, State Structure Plan and Local Plan as well as Special Area Plan. The aim of the study is to assimilate policies in the Pahang State Structure Plan and the development strategies in the Kuantan Local Plan, which are related to environmental planning in line with the five essential aspects of Maqasid al-Shari’ah, notably the preservation of faith, self, intellect, lineage and property; Maqasid al-Shari’ah is the objectives of Islamic law. On February 10 2015, the government of Malaysia conducted the Malaysia Shari’ah Index and the result was released a year later. Among the seven sectors, the infrastructure and environment sector scored the lowest. In this regard, using content analysis and an expert interview were used to compare policies and development strategies with the five essentials of maqasid. The study found that there were more policies and strategies on preserving property while faith ranked the lowest. This unbalanced score means that the preservation of property was more emphasised compared to other aspects in the environment planning policies and strategies in the Pahang State Structure Plan and Kuantan Local Plan. Thus, it is desirable to develop more policies and strategies for environmental planning.

Public Facilities and Human Wellbeing in the Context of Maqasid Al-Shari’ah

Public facilities are one of the most important land use categories in town planning. It transcends basic human needs that contribute to the overall liveability and wellbeing in its human welfare sense. The provision of public facilities somehow realizes the Maqasid al-Shariah (the objectives of Islamic law) that is to preserve the maslahah (benefits) for humankind. This study examines seven types of public facilities in Malaysia against the five essentials of Maqasid al-Shari’ah namely faith, self, intellect, posterity, and wealth. Hence it is exploratory in nature adopting the content analysis and interview with several experts from planning and Islamic background to match the public facilities provided in the plans with the Maqasid al-Shari’ah principles. The conclusive findings are that the provision of public facilities is very much conceptually related to the Maqasid al-Shari’ah. This approaches simultaneously provides an insight to the policy makers on the level of importance of the five essentials and the need to fulfill each one of them to ensure balanced provision and enjoyment of the public facilities. This also shows all those objectives of Islamic Law that should take into considerations in planning and this have been highlighted by Malaysian Government through their effort to develop the Maqasid al-Shari’ah Index to measure the “Islamicity” of the country.

Islamic Perspectives on Human Nature: Ibn Ashur's Fitrah-Based Theory of Maqasid Al-Shari'ah

The concept of human nature is central to both Islamic and Western thought, as manifested in the rich legacy of literature on human psychology in both intellectual traditions. A comprehensive account of human nature (or fitrah) from an Islamic perspective, can be gleaned from the Qur'an, Prophetic narrations and works of Muslim scholars like al-Farabi, Ibn Sina and al-Razi. The famous Zaytuna Imam, Tahir Ibn Ashur (d.1973), in his book on the objectives of Islamic Law, Maqasid Shar’ah al-Islamiyyah, provides fitrah-based model for building human civilisation, thereby linking Islamic law to psychology. The present paper is a humble attempt to study the views of Ibn Ashur on human nature and to highlight the relevance of Islamic perspectives on the 'human being' with regards to civilisational development.

Islamic Perspectives on Human Nature : Ibn 'Āshūr's Fitrah - Based Theory of Maqāsid Al-Sharī'ah

The concept of human nature is central to both Islamic and Western thought, as manifested in the rich legacy of literature on human psychology in both intellectual traditions. A comprehensive account of human nature (or fitrah) from an Islamic perspective, can be gleaned from the Qur'an, Prophetic narrations and works of Muslim scholars like al-Farabi, Ibn Sina and al-Razi. The famous Zaytuna Imam, Tahir Ibn Ashur (d.1973), in his book on the objectives of Islamic Law, Maqasid al-Shari'ah al-Islamiyyah, provides a fitrah-based model for building human civilisation, thereby linking Islamic law to psychology. The present paper is a humble attempt to study the views of Ibn Ashur on human nature and to highlight the relevance of Islamic perspectives on the 'humn being' with regards to civilisational development.

BOOK REVIEW: SHARI’AH INTELLIGENCE: THE BASIC PRINCIPLES AND OBJECTIVES OF ISLAMIC JURISPRUDENCE

The book was the product of a team work by selected academics andpractitioners under the auspices of Da’wah Institute of Nigeria (DIN), ofthe Islamic Education Trust (IET), Minna, Nigeria. As the title indicates,the book is a brief Introduction to the Science of Uṣūl al-Fiqh, particularlythe general theory of Maqāṣid al-Sharī‘ah (Objectives of Islamic Law). Thebook is divided into eight sections, which are further subdivided into fortysixchapters/lessons, four appendices and a glossary of terms. It has also aforeword written by the IET President himself, Dr. Sheikh Ahmed Lemu (the2014 King Faisal Prize-Winner for Service to Islam).

Redefining Poverty and Its Measurement: An Islamic Political Economy Perspectives

Islamic economists have always taken the position on the intrinsic capability of poverty alleviation in the Islamic economic model. The poverty, in economics and social sciences, is taken in the context of economic deprivation. Among the multitudinous meanings of poverty, generally it is defined as the lack of income, human underdevelopment, social exclusion, ill being, unsustainable livelihood, lack of basic needs, vulnerability and relative deprivation, while multifarious methodologies like head count ratio, poverty gap ratio, income gap ratio and Sen index are used to measure the poverty. The poverty in the developed countries mostly is identified relative to the average level of income as compared to developing countries which usually define it on the grounds of absolute standard of living. Islamic model clearly addresses poverty in number of ways and even considers it as a threat to faith and recommends alleviating it through different tools like zakat, which is the negative rate of return on savings. The tools prescribed in Islam for counteracting poverty are designed on different conceptual grounds to conventional poverty reduction tools, similarly Islam’s conceptually constructed understanding on: lack of income, human underdevelopment, social exclusion, ill being, unsustainable livelihood, lack of basic needs, vulnerability and relative deprivation differs in its context and in its intrinsic intellectual positioning to the conventional interpretation of these concepts. Inductively therefore, Islam’s idea of, ‘what is poverty?’ and ‘How it can be measured’, is distinct and different to the general perception of poverty. This paper objectively examines the subjective meaning of poverty within Islam, through analysing the intellectual rigour on poverty in the transcendental sources of Islam along with the conceptual construction of Al Ghazali’s work on happiness. It further applies the uniform principles of maqasid al shariah (objectives of Islamic law) and nisab (standard for Zakat to be liable) in an attempt to develop the understanding of monetary measures, which can be used to identify ‘poor and needy’ within an economy. The results should provide the basic argument for the distinction on Islamic concept of poverty and a framework in which such definition can translate into the categorisation of ‘poor’ within an economy; along with some foundational understanding of Islamic value approach on monetary measurement of poverty.

Muslim Women and Forced Marriages in the UK

Forced marriage (FM) affects numerous communities within the UK and has far-reaching effects for both individuals and the wider society. This paper attempts to address this issue from an Islamic jurisprudence standpoint. While the paper provides a comparative-contrastive account of key discussions between Muslim jurists (fuqahā’) from the four Sunni schools of law regarding coercion (ikrāh) and its effect on the marriage contract, it pays particular attention to the Hanafi school of law’s position and ways in which its jurists’ reasoning dissents from that of the majority of Sunni jurists. This paper collates the pertinent information, focusing on the effect of coercion (ikrāh) and on the pivotal issues of consent (riḍā) and choice (ikhtyār). It also considers recent UK legislation and established personal status laws in several Muslim countries. We conclude that FM is incompatible with the objectives of Islamic law and has no reliable basis in its sources, highlighting that the function of the guardian (walī) is to protect the interests of the ward, rather than to exercise authority over those under his guardianship. We suggest that victims of FM in the UK should be able to seek annulment via the courts rather than traditional, community-based, non-enforceable mediation.