Classification of sciences; Moslem scholars; Africa, North.

Critical and comparative analysis on the philosophical thoughts of ʻAlī Sharīʻatī and Sir Muhammad Iqbal, 19th and 20th centuries Muslim philosophers.

The concept of green jobs emerged in 2007 as a means for conserving energy, minimizing natural gas emissions, reducing pollution and waste and protecting and improving ecosystems. The practice of decent employment through such jobs has caught on significantly and shown much positive effects. Decent work refers to employment opportunities that provide for fair income, security, improving personal and social development and promoting equality. Combining green job and decent work as a new approach can alter the traditional perspective of labour (...) laws. According to the Islamic view, the Qur’an has taken into account all such concepts directly or indirectly. This article focuses on reviewing green jobs from the Islamic perspective, and concepts and principles such as squander, cleanliness, waste, no-harm and causation are directly mentioned as a necessary condition for green jobs. This paper examines the concept of green job based on content analysis approach within Islamic jurisprudence. (shrink)

Islamic equity funds are subject to the screening criteria for stock selection imposed by the principles of Islamic jurisprudence. Equities must pass three basic screens: revenue source, business activity, and financial factors to be included in an Islamic fund. However, screening criteria are not universal especially for the financial factors. One can use financial ratios based on either the book-value of total assets or the market-value of equity for screening of stocks. This may not only result in a different portfolio (...) composition but also entail diverse rebalancing and monitoring costs. The performance of 29 Islamic equity indices versus conventional indices from four major international index providers using different Shari’ah screening criteria are analyzed in a single as well as in a multi-equation framework. The use of a multi-equation framework has the added advantage of utilizing the information content of different screening criteria adopted by different index providers. The empirical findings suggest that the difference in screening criteria does not significantly affect the performance of IEIs. Returns deviation, if any, stems from the relative riskiness of the IEI as compared with the relevant benchmark. Work needs to done to streamline the quantitative screening criteria to avoid confusion among the investing public. (shrink)

Business performance is traditionally viewed from the one-dimensional financial angle. This paper develops a new approach that links performance to the ethical vision of Islam based on maqasid al-shari’ah . The approach involves a Pentagon-shaped performance scheme structure via five pillars, namely wealth, posterity, intellect, faith, and human self. Such a scheme ensures that any firm or organization can ethically contribute to the promotion of human welfare, prevent corruption, and enhance social and economic stability and not merely maximize its (...) own performance in terms of its financial return. A quantitative measure of ethical performance is developed. It surprisingly shows that a firm or organization following only the financial aspect at the expense of the others performs poorly. This paper discusses further the practical instances of the quantitative measurement of the ethical aspects of the system taken at an aggregate level. (shrink)

The field of Islamic bioethics is currently in development as thinkers delineate its normative content, ethical scope and research methods. Some scholars have offered Islamic bioethical frameworks based on the maqāṣid al-Sharīʿah, the higher objectives of Islamic law, to help advance the field. Accordingly, a recent JBI paper by Ibrahim and colleagues describes a method for using the maqāṣid al-Sharīʿah to provide moral end-goals and deliberative mechanisms for an Islamic bioethics. Herein I highlight critical conceptual and practical gaps in the (...) model with the hopes of fostering greater discussion about how maqāṣid al-Sharīʿah frameworks may fit within Islamic bioethics deliberation. (shrink)

: Hisbah is the most important institution in a society and nation.Enforcement parties are those who are directly involved in executing this. Incarrying out their duties, they bear heavy responsibility because it involvesthe rights of Allah and the rights of human. Hisbah implies theimplementation of al-amr bi-l-maʿrūf when it is clear thatit is abandoned, and wa-n-nahy ʿani-l-munkar when itis clear that it is done. This study is based on the concept of Hisbah in SharīʿahLaw which is of a general and (...) widespread aspect of enjoining good andpreventing evil. Literature reviews and library searches have been conductedintensively to clarify the principles of hisbah. Additionally, descriptiveand content analysis of textual content was done on the provisions of lawsand regulations as well as guidelines on the prevention of sharīʿah crimeparameters in Malaysia. In general, our country has implemented the conceptof hisbah in its own form without the branding of an institution specifically as“the institution of hisbah”. The roles and functions of hisbah are given to theSharīʿah Enforcement Division, Islamic Religious Department in the states. (shrink)

Sadr al-Sharīʿah (d. 747/1346) is one of the theologians representing the later period of the Māturīdī kalām. He based his system of thought on his criticisms of Avicenna, al-Rāzī, and Ṭūsī. His criticism of these names stems from his own understanding of being. He thinks differently from the theologians of the later period on issues such as the essence-existence division, the superaddition of existence to essence, and the acceptance of mental being, which are accepted by the majority of theologians of (...) the later period. His understanding of being in question also influenced his analysis of the idea of the wahdat al-wujūd. In the study, some aspects of the framework proposed by Muhammed Bedirhan will be given first. Then, in order to make sense of Sadr al-Sharīʿah’s criticism of wahdat al-wujūd, the major understandings of wahdat al-wujūd will be summarized briefly, and finally, Sadr al-Sharīʿah’s analysis of wahdat al-wujūd will be examined and clarified using Bedirhan’s framework. Although the framework has subheadings, it classifies criticisms into two categories: rationally-based and sharʻī-based objections. Rational objections are directed from the traditions of kalām and philosophy, while sharʻī-based objections come from Salafi thinkers, faqihs, and sufis. The framework is comprehensive in classifying criticisms against the theory of wahdat al-wujūd. This framework will clarify Sadr al-Sharīʿah’s approach, and the source of his criticisms should be identified. According to Bedirhan, the sufis’ theory is in conflict with the members of other schools in two aspects, practical and theoretical. While the first one considers sufism a religious state (ḥal), the second one is the point that shapes the view of other intellectual groups on sufism in terms of the fact that sufism is also a science. Bedirhan has based the theoretical conflict part of his framework on the triple classification of al-Jābiri: burhān, beyān and irfān. According to al-Jābiri’s classification, sufism, which is included under the title of irfān, deals with the previous two traditions mentioned. However, burhan and beyan traditions also offer their criticisms of the epistemological and ontological acceptances of the irfān tradition. Behind the criticism of the traditions of thought towards each other is the claim that the metaphysical theory of the opposite group is insufficient. According to the presented framework Sadr al-Sharīʿah’s criticisms can be considered within not only the kalām tradition but also the sufi tradition, because he is a sufi who accepts ittihād as one of the “sayr sulūk” degrees. Sadr al-Sharīʿah’s explains two proofs by which sufis defend their metaphysical theory, and also presents a counter-proof based on the verbal commonality of sense knowledge and being. He also aims to point out the weakness of the metaphysical theory of sufis with the view that the idea of ittihād is unique to a certain degree. By mentioning Sadr al-Sharīʿah’s criticisms and explanations of wahdat al- wujūd, the study identifies Sadr al-Sharīʿah’s stance on the rational and sharʻī-based objections. (shrink)

Genetically modified organisms have increasingly dominated commodity crop production in the world in the endeavour to address issues related to food security. However, this technology is not without problems, and can give rise to bioethical issues for consumers, particularly Muslims. The Islamic perspective on GMOs is complex and goes beyond just the determination of whether food is halal or not. If the food is halal, but the process to obtain it is not thoyibban, as it is unethical, then the food (...) cannot be permitted under the Maqasid al-Shari’ah. This paper examines ethical issues pertaining to GM crops and how the related ethical issues contradict with Islamic principles beyond the binary distinction between the contaminated and uncontaminated food. Since GM technology is a contemporary issue that may not be directly addressed in the al-Quran and Sunnah, other Islamic sources should also be referred to when drawing up this code of ethics to achieve the objective of Syariah. Maqasid al-Shari’ah can be applied to frame the Islamic bioethics guideline as it is comprehensive and encompasses moral principles directly applicable to modern biotechnology. The paper subsequently explores how the principles of Maqasid al-Shari’ah are applied in addressing these ethical issues. (shrink)

: The Islamic jurists utilized the discipline of maqāṣid al-sharīʿah,in its capacity as the philosophy of Islamic law, in their legal and ethicalinterpretations, with added interest in addressing the issues of modern times.Aphoristically subsuming the major themes of the Sharīʿah, maqāṣid play apivotal role in the domain of decision-making and deduction of rulings onunprecedented ethical discourses. Ethics represent the infrastructure of Islamiclaw and the whole science of Islamic jurisprudence operates in the lightof maqāṣid to realize the ethics in people’s lives. (...) Scrutinizing the key themesof maqāṣid-based ijtihād and scope of ethics in maqāṣid, this article delvesinto the discourse on the application of maqāṣid to medical ethics. As a casestudy, this research analyses the extent of medical confidentiality in the light ofmaqāṣid and arrives at the conclusion that limited confidentiality goes more inline with the maxims of maqāṣid. (shrink)

This study utilises higher objectives postulated in Islamic moral economy or themaqasid al-Shari’ahtheoretical framework’s novel approach in evaluating the ethical, social, environmental and financial performance of Islamic banks.Maqasid al-Shari’ahis interpreted as achieving social good as a consequence in addition to well-being and, hence, it goes beyond traditional (voluntary) social responsibility. This study also explores the major determinants that affectmaqasidperformance as expressed through disclosure analysis. By expanding the traditionalmaqasid al-Shari’ah,, we develop a comprehensive evaluation framework in the form of amaqasidindex, (...) which is subjected to a rigorous disclosure analysis. Furthermore, in identifying the main determinants of themaqasiddisclosure performance, panel data analysis is used by including several key variables alongside political and socio-economic environment, ownership structures, and corporate andShari’ahgovernance-related factors. The sample includes 33 full-fledged Islamic banks from 12 countries for the period of 2008–2016. The findings show that although during the nine-year period the disclosure ofmaqasidperformance of the sampled Islamic banks has improved, this is still short of ‘best practices’. Through panel data analysis, this study finds that the Muslim population indicator, CEO duality,Shari’ahgovernance, and leverage variables positively impact the disclosure ofmaqasidperformance. However, the effect of GDP, financial development and human development index of the country, its political and civil rights, institutional ownership, and a higher share of independent directors have an overall negative impact on themaqasidperformance. The findings reported in this study identify complex and multi-faceted relations between external market realities, corporate andShari’ahgovernance mechanisms, andmaqasidperformance. (shrink)

I propose a framework for comparative Islamic—Western ethics in which the Islamic categories "Islam, Iman," and "Ihsan" are juxtaposed with the concepts of obligation, value, and virtue, respectively. I argue that "shari'a" refers to both the obligation component and the entire structure of the Islamic ethic; suggesting a suspension of the understanding of "shari'a" as simply Islamic "law," and an alternative understanding of "usul al-fiqh" as a moral epistemology of obligation. I will test this approach by addressing the question of (...) reason in Islamic moral epistemology via an examination of an argument advanced by a founding usul scholar Muhammad bin Idrīs al-Shāfi'ī (150 A.H./767 C.E.). (shrink)

Tri-parent baby technology is an assisted reproductive treatment which aims to minimize or eliminate maternal inheritance of mutated mitochondrial DNA. The technology became popular following the move by the United Kingdom in granting license to a group of researchers from the Newcastle Fertility Centre, Newcastle University to conduct research on the symptoms of defective mtDNA. This technology differs from other assisted reproductive technology because it involves the use of gamete components retrieved from three different individuals. Indirectly, it affects the preservation (...) of lineage which is important from an Islamic point of view. This paper aims to analyze and discuss the implications of the tri-parent technology on preservation of lineage from the perspective of Maqasid al-Shari’ah based the Islamic bioethics. The analysis shows that there are a few violations of the preservation of lineage, hence the tri-parent baby technology should not be permitted. (shrink)

Freedom of association for trade union has been generally accepted as part of basic human rights in Islam. Freedom of association, which include the right to join and participate in trade union activities, can be susceptible to disputes between employers and employees as well as trade unions. Islam provides freedom of association in labour relations and also mechanisms to settle disputes pertaining to such freedom. Conciliation (sulh) and arbitration (tahkim) are both used methods in the inception of Islam, which have (...) similarities with the modern sense. We shall discuss in this article the right to dispute resolution between employers and trade unions in the context of freedom of association in labour relations as based on Shari’ah law and using modern legal systems of Islamic countries such as Iran, Malaysia and Saudi Arabia as examples. (shrink)

States in northern Nigeria are the latest in a list of political entities around the world formalizing religious law, or institutionalizing Shari'ah, into their public law system. Shari'ah applies in many Muslim-majority countries in the realm of personal law. However, when it is expanded and made to apply as part of public law, it carries enormous constitutional implications. This article examines the institutionalization of Shari'ah in twelve northern states of Nigeria in year 2000 and the likely implications on the constitutionally (...) guaranteed rights of non-Muslim minorities in those states. Muslims' objection to the methodology of human rights discourse stems mostly from the need to maintain integrity of the family, safeguard the interests of the community in addition to those of the individual, and preserve religious belief as manifested in ritual and in daily life. The author argues that the core issue in preserving Muslim values without trampling on the rights of the minorities lies in finding a synergy for simultaneous application of Shari'ah and human rights. A synergy is imperative because neither has proved to be satisfactorily workable at the public law level for contemporary Muslims—neither Shari'ah as represented by fiqh literature, nor the secular oriented human rights. It concludes that it is the goal of justice that should be immutable rather than the means for achieving the goal. Therefore, reconciling Islam with protection of non-Muslim rights in a Muslim-majority constitutional democracy should present less conceptual difficulties and social tension than is presently the case. (shrink)

Name der Zeitschrift: Zeitschrift für Religionswissenschaft Jahrgang: 22 Heft: 2 Seiten: 226-249.

I propose a framework for comparative Islamic—Western ethics in which the Islamic categories "Islam, Iman," and "Ihsan" are juxtaposed with the concepts of obligation, value, and virtue, respectively. I argue that "shari'a" refers to both the obligation component and the entire structure of the Islamic ethic; suggesting a suspension of the understanding of "shari'a" as simply Islamic "law," and an alternative understanding of "usul al-fiqh" as a moral epistemology of obligation. I will test this approach by addressing the question of (...) reason in Islamic moral epistemology via an examination of an argument advanced by a founding usul scholar Muhammad bin Idrīs al-Shāfi'ī. (shrink)

The Sharī‘ah ‘Committee is a board which is independent in directing, reviewing and supervising an Islamic Financial Institution. It consists of those who are specialised in Fiqh Mu‛āmalāt or those who know it with expertise in other fields. In conjunction with IFIs emergence, the Accounting and Auditing Organization for Islamic Financial Institutions was established and has issued numerous standards on accounting, auditing and also governance for IFIs. The researchers intend to review the duties and decision-making guidelines of the Sharī‘ah Committee (...) prescribed by the AAOIFI in 2010. The review undergoes a thorough search and critical analysis of any related content about the topic throughout the whole standard. Some important results are: AAOIFI mentions directly the duties of the Sharī‘ah Committee along with the definition of this Sharī‘ah Committee. These duties are directing, reviewing and supervising. On the other hand, decision-making guidelines are indicated indirectly and they are scattered throughout the AAOIFI governance standards. (shrink)

Deferred sale, in the Islamic Banking and Financeworld widely known as Bai’ bi thaman ajil, is used as an extension toProfit-sale ; both sales complement each other. The Profitsalesells the commodity with profit over the cost price, and BBA plays the roleof receiving that payment on deferred or instalment basis. BBA has becomethe “premier consumer financing facility” for the Islamic financial institutions. This paper deals with deferred sale precisely. It looks into its origin andits transition from void to valid sale. (...) Its application as trade contract and itsmodern application as financing tool is analysed in the light of the maqāṣidSharīʿah. (shrink)

On Islamic religious life and Islamic ethics in view of various Islamic stories.

al-mujallad al-awwal. al-Qayim al-īmānīyah wa-al-qiyam al-ijtimāʻīyah -- al-mujallad al-thānī. al-Qiyam al-akhlāqīyah -- al-mujallad al-thālith. -- al-Qiyam al-siyāsīyah wa-al-idārīyah wa-al-qiyam al-iqtiṣādīyah -- al-mujallad al-rābiʻ. al-Qiyam al-ʻilmīyah wa-al-qiyam al-ṣiḥḥīyah wa-al-bīʼah wa-al-qiyam al-wajdānīyah wa-al-jamālīyah.