Islamic Economics and Finance: a Glossary, 2Nd Edition
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Maliki School
Dr. Javed Ahmed Qureshi School of Studies in Law Jiwaji University GWALIOR - 474 011 (MP), INDIA LAW B.A.LL.B. IV-SEM MUSLIM LAW BY Dr. JAVED AHMED QURESHI DATE- 04-04-2020 MALIKI SCHOOL Maliki school is one of the four schools of fiqh or religious law within Sunni Islam. It is the second largest of the four schools, followed by about 25% Muslims, mostly in North Africa and West Africa. This school is not a sect, but a school of jurisprudence. Technically, there is no rivalry or competition between members of different madrasas, and indeed it would not be unusual for followers of all four to be found in randomly chosen American or European mosques. This school derives its name from its founder Imam Malik-bin-Anas. It originates almost to the same period as the Hanafi school but it flourished first in the city of Madina. Additionally, Malik was known to have used ray (personal opinion) and qiyas (analogy). This school is derives from the work of Imam Malik. It differs in different sources from the three other schools of rule which use it for derivation of regimes. All four schools use the Quran as the primary source, followed by Prophet Muhammad's transmitted as hadith (sayings), ijma (consensus of the scholars or Muslims) and Qiyas (analogy).In addition, the School of Maliki uses the practice of the people of Madina (Amal Ahl al-Madina) as a source. While the Hanafi school relies on Ijma (interpretations of jurists), the Maliki school originates from Sunna and Hadis. -
Women and Islamic Law Christie S
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 2008 Lifting the Veil: Women and Islamic Law Christie S. Warren William & Mary Law School, [email protected] Repository Citation Warren, Christie S., "Lifting the Veil: Women and Islamic Law" (2008). Faculty Publications. 99. https://scholarship.law.wm.edu/facpubs/99 Copyright c 2008 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs LIFTING THE VEIL: WOMEN AND ISLAMIC LAW CHRISTIES. WARREN * "Treat your women well and be kind to them for they are your partners and committed helpers." From the Farewell Address of the Holy Prophet Muhammad1 I. INTRODUCTION By the end of February 632 and at the age of sixty-three, the Prophet Muhammad believed that his days on earth were coming to an end.2 He announced to his followers that he would lead the hajj, the annual pilgrimage to Mecca, himself that year.3 On March 3, the Prophet delivered his farewell sermon near Mount Arafat.4 Among the limited number of topics he chose to include in his last public speech, he encouraged his followers to deal justly with one another and treat women well. 5 In the modem era, the rights of women under Islamic law have come under heightened scrutiny. Some commentators find the Prophet's farewell speech to be inconsistent with the way women are treated in some areas of the Muslim world. In Saudi Arabia, for example, women may neither drive nor vote. -
A Comparative Study of Both Islamic Law and Common Law Systems Rahma Hersi LL.M
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Cornell Law Library Cornell Law Library Scholarship@Cornell Law: A Digital Repository Cornell Law School Inter-University Graduate Conferences, Lectures, and Workshops Student Conference Papers 4-14-2009 A Value Oriented Legal Theory for Muslim Countries in the 21st Century: A Comparative Study of Both Islamic Law and Common Law Systems Rahma Hersi LL.M. Graduate, Indiana University School of Law Follow this and additional works at: http://scholarship.law.cornell.edu/lps_clacp Part of the Religion Commons Recommended Citation Hersi, Rahma, "A Value Oriented Legal Theory for Muslim Countries in the 21st Century: A Comparative Study of Both Islamic Law and Common Law Systems" (2009). Cornell Law School Inter-University Graduate Student Conference Papers. Paper 29. http://scholarship.law.cornell.edu/lps_clacp/29 This Article is brought to you for free and open access by the Conferences, Lectures, and Workshops at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law School Inter-University Graduate Student Conference Papers by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. A VALUE ORIENTED LEGAL THEORY FOR MUSLIM COUNTRIES IN THE 21ST CENTURY. A COMPARATIVE STUDY OF BOTH ISLAMIC LAW AND COMMON LAW SYSTEMS. Submitted by: Rahma Hersi LLM Graduate; International Comparative Law Track, Indiana University School of Law TABLE OF CONTENTS Introduction 1 Sources of Law in the Islamic Legal Tradition…………………. 3 2:1 Agreed Upon Sources& Disputed Sources……………………… 2 2.2 What if Jurist doesn’t find the Law in a given Source…………..4 2:3 Istihsan is it accepted by all Schools in Islam……………………5 3. -
Maqasid Al-Shari'ah in Ijarah (Leasing) Contract of Islamic
Journal of Islamic Finance, Vol. 6 No. 2 (2017) 038 – 044 IIUM Institute of Islamic Banking and Finance ISSN 2289-2117 (O) / 2289-2109 (P) Maqasid Al-Shari’ah in Ijarah (Leasing) Contract of Islamic Banking System Adeyemo Wale Lateefa, Alawiye Abdulmumin Abdurrazzaqa, Syahirah Abdul Shukora, Amalina Ahmad Tajudina aFaculty of Syariah and Law, Universiti Sains Islam Malaysia (USIM) Abstract The operating ijarah and ijarah financing are currently generating interest among the Islamic banks, investors, customers and even policy makers due to their less risk overloads and better profits to the public. This paper attempts to highlight the benefits of applying the Islamic legal objectives (Maqasid Al-Shari’ah) in ijarah contract, and how a strict compliance to the latter can help manage Shari’ah, business and distribution of wealth in the society. The paper discusses the impact of Muslim scholars in applying ijtihad and analogical deduction to fashion out the appropriate ruling in respect of the issues, by putting into consideration what would be the best interest of Islam and Muslim community as a whole. It also discusses the consent of the contracting parties as one of the conditions validating the ijarah contract, and as a supplement to the objective of avoiding injustice and embezzlement of another person’s wealth. The paper explains how the profit made and the risks incurred, if any, are shared between the parties involved in ijarah transaction which are proportionally shared according to what has been earlier agreed upon. Keywords: ‘Ijarah, Maqasid al-Shari’ah, Islamic banking, ijtihad, distribution of wealth. © IIUM Press 1. -
The Existence of Maslahah Mursalah As the Basis of Islamic Law Development in Indonesia
Jurnal Krtha Bhayangkara, Volume 13 Nomor 2, Desember 2019 THE EXISTENCE OF MASLAHAH MURSALAH AS THE BASIS OF ISLAMIC LAW DEVELOPMENT IN INDONESIA Adi Nur Rohman Fakultas Hukum, Universitas Bhayangkara Jakarta Raya [email protected] Naskah diterima: Revisi: Naskah disetujui: 2/09/2019 22/09/2019 4/10/2019 Abstrak Makalah ini bertujuan untuk menganalisis konsepsi maslahah dalam wacana perkembangan hukum Islam. Selanjutnya, makalah ini menguraikan keberadaan masalah dan melihat lebih dalam ke dalam implementasi masalah sebagai dasar untuk pengembangan hukum Islam di Indonesia. Makalah ini adalah yuridis normatif menggunakan pendekatan doktrinal. Pada akhirnya, dapat disimpulkan bahwa konsepsi maslahah adalah metode penggalian hukum Islam yang didasarkan pada aspek manfaat dan kebaikan bagi manusia selama tidak bertentangan dengan norma syariah Islam. Selain itu, implementasi masalah sebagai dasar untuk penemuan hukum Islam di Indonesia tidak dapat disangkal. Hal ini dapat dilihat dari daruratnya undang-undang atau peraturan di bawahnya yang mengatur berbagai aspek hukum Islam di Indonesia dalam menanggapi masalah kehidupan masyarakat sebagai dampak dari zaman dan teknologi. Kata Kunci: eksistensi, maslahah mursalah, hukum Islam. Abstract This paper aims to analyze the conception of maslahah in the discourse of the development of Islamic law. Furthermore, this paper elaborates the existence of maslahah mursalah and looks deeper into the implementation of maslahah as a basis for the development of Islamic law in Indonesia. This paper is normative juridical using a doctrinal approach. In the end, it can be concluded that the conception of maslahah is a method of extracting Islamic law which is based on aspects of benefit and goodness for humans as long as it does not conflict with Islamic sharia norms. -
Islamic Economic Thinking in the 12Th AH/18Th CE Century with Special Reference to Shah Wali-Allah Al-Dihlawi
Munich Personal RePEc Archive Islamic economic thinking in the 12th AH/18th CE century with special reference to Shah Wali-Allah al-Dihlawi Islahi, Abdul Azim Islamic Economics Institute, King Abdulaziz University, Jeddah, KSA 2009 Online at https://mpra.ub.uni-muenchen.de/75432/ MPRA Paper No. 75432, posted 06 Dec 2016 02:58 UTC Abdul Azim Islahi Islamic Economics Research Center King Abdulaziz University Scientific Publising Center King Abdulaziz University http://spc.kau.edu.sa FOREWORD The Islamic Economics Research Center has great pleasure in presenting th Islamic Economic Thinking in the 12th AH (corresponding 18 CE) Century with Special Reference to Shah Wali-Allah al-Dihlawi). The author, Professor Abdul Azim Islahi, is a well-known specialist in the history of Islamic economic thought. In this respect, we have already published his following works: Contributions of Muslim Scholars to th Economic Thought and Analysis up to the 15 Century; Muslim th Economic Thinking and Institutions in the 16 Century, and A Study on th Muslim Economic Thinking in the 17 Century. The present work and the previous series have filled, to an extent, the gap currently existing in the study of the history of Islamic economic thought. In this study, Dr. Islahi has explored the economic ideas of Shehu Uthman dan Fodio of West Africa, a region generally neglected by researchers. He has also investigated the economic ideas of Shaykh Muhammad b. Abd al-Wahhab, who is commonly known as a religious renovator. Perhaps it would be a revelation for many to know that his economic ideas too had a role in his reformative endeavours. -
Qardhul Hasan Principles Applied to Micro Finance Facilities Paper to Be
Research Center for Islamic Economics and Finance Universiti Kebangsaan Malaysia Bangi 43600, Selangor, Malaysia Fax: +603-89215789 http://www.ekonis-ukm.my E-mail: [email protected] Working Paper in Islamic Economics and Finance No. 1021 Qardhul Hasan Principles Applied to Micro Finance Facilities Abdul Ghafar Ismail1 Bayu Taufiq Possumah2 Research Center for Islamic Economics and Finance School of Economics Universiti Kebangsaan Malaysia Bangi, 43600 Selangor D.E., Malaysia Fax: +603-8921 5789 e-mail: [email protected] Paper to be presented at The 2nd International Workshop in Islamic Economics Theory: Islamic Micro-finance Towards Global Poverty Alleviation and Sustainable Development, 8-9 December 2010, Bangi Abstract During the last ten years, several developing Muslim countries experienced an interesting phenomenon. Where they are able to build his country's economy through the economic empowerment of small communities. The role of microfinance institutions cannot be denied. Through microfinance programs, the country can further improve the welfare of the poor and reducing poverty. Accordingly, Muslim countries have to combat it by using religious institution and culture. In this case, the role of Qardh al Hasan, as traditional Islamic financing in tackling of poverty is very relevant and important. Qardh al Hasan is supposed to be an important to investigate and provide much needed social service to the poor effectively. The Qardh al-hasan is one of financing-product provided by microfinance institutions. Unlike other financing products, the qardhul-hasan has some unique characteristics, including to entertaint a very specific customers who might be categorized as the dhuafa’ group. The purpose of this paper is to show how microfinance programmes based on Qardh al Hasan financing principles can be established. -
The Theory of Punishment in Islamic Law a Comparative
THE THEORY OF PUNISHMENT IN ISLAMIC LAW A COMPARATIVE STUDY by MOHAMED 'ABDALLA SELIM EL-AWA Thesis submitted for the Degree of Doctor of Philosophy in the University of London, School of Oriental and African Studies, Department of Law March 1972 ProQuest Number: 11010612 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 11010612 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 2 , ABSTRACT This thesis deals with the theory of Punishment in Islamic law. It is divided into four ch pters. In the first chapter I deal with the fixed punishments or Mal hududrl; four punishments are discussed: the punishments for theft, armed robbery, adultery and slanderous allegations of unchastity. The other two punishments which are usually classified as "hudud11, i.e. the punishments for wine-drinking and apostasy are dealt with in the second chapter. The idea that they are not punishments of "hudud11 is fully ex- plained. Neither of these two punishments was fixed in definite terms in the Qurfan or the Sunna? therefore the traditional classification of both of then cannot be accepted. -
The Nature of Riba in Islam
THE NATURE OF RIBA IN ISLAM By: M. Umer Chapra1 Abstrak Perdebatan masalah riba seperti tidak pernah selesai di diskusikan oleh banyak kalangan, baik akademis, organisasi keagamaan, bahkan sampai pada forum-forum intenasional. Beberapa terminologi dibahas dengan baik dalam tulisan ini yang dimulai dengan pelarangan riba itu sendiri kemudian pembagian-pembagian riba, diantaranya riba al-Nasi’ah dan riba al-Fadl, serta implikasi dari dua bentuk riba tersebut. Pembahasan didukung dengan pendapat-pendapat para ulama dan ekonom yang merujuk langsung dari ayat-ayat al-Qur’an, sampai pada perdebatan hukum. Demikian juga al-Qur’an sangat jelas membedakan antara riba dan perdagangan, namun pelarangan riba sangat jelas bahkan diperkuat dengan hadits-hadits yang dengan eksplisit melarang riba. Dijelaskan pula tentang perbedaan antara riba dan bunga bank. Islam sangat menentang bunga bank karena Islam berharap terjadinya sistem ekonomi yang mengeliminasi seluruh bentuk ketidakadilan dengan memperkenalkan keadilan antara pengusaha dan pemilik modal, yaitu berbagi resiko dan berbagi hasil. ŭ ΊņĨŧ Ώ 1 ΎỲŏΉė ΞΊẂ ĤΣΔĜŧ ΔΩė ĥ ĜẃΐĨľė Έ΅ Ή ģŊΜūΕ╬ė ĥ ĜΡĜỳΉė ΎΙā ŋķā ĤΡŊĜųĨ⅝Ϋė – ĤΣẂĜΐĨį Ϋė ĤΉėŋẃΉė ŋẃħ ĥ ĜẃΐĨĴ ΐΊΉ ĤĢŧ ΕΉĜġΛ .ĤΡĜỳΉė ΖōΙ ⅜Σ⅞ĸĨΉ ĤẃĢĨ╬ė ĥ ĜΣĴ ΣħėŏĨŦΫė ∟ ĥ ĜẃΐĨľė Ίħ ╚ġ ‛ άĨŅė ŊΜį Λ ΒΏ ĤΣĴ ΣħėŏĨŦΫė Ίħ ŏŲĜΕẂ ŋķā ΞΊẂ ⅜₤ėΜħ Ĥ╤ ªΌάŦΩėΛ ĤΣΔėŏųΕΉėΛ ĤΡŊΜΚΣΉėΛ ĤΣŦΛŋΕ▀ė ŭ ŅΧė ΞΊẂΛ ªĤΣΕΡŋΉė Η╠ė ŋ⅝ ⌠ΛΧė ĤīάĬΉė ĥ ĜΔĜΡŋΉė ẀĜĢħā ΒΏ ♥ė╙Ģ΄ ♥ĜĢΔĜį ΑĜ΄ ėŌċΛ .ŊΜ⅞ΕΉė Ŵėŏ⅝ċ ΒẂ ĤΊųĸĨ╬ė ģŋĕĜ℮Ήė ┐ŏ╡ ΜΙΛ ĜΏ ΑĈġ ĤΉŊĜľė ΑΜΉΛĜ► ΝŏŅΧė ĥ ĜΔĜΡŋΉė ẀĜĢħĈġ ΠŦĈĨΉė ∟ ╚ĢỲėŏΉė ╚ΐΊŧ ╬ė -
Blasphemy, Charlie Hebdo, and the Freedom of Belief and Expression
Blasphemy, Charlie Hebdo, and the Freedom of Belief and Expression The Paris attacks and the reactions rashad ali The horrific events in Paris, with the killing of a group of Other reactions highlight and emphasise the fact journalists, a Police officer, and members of the Jewish that Muslims are also victims of terrorism – often the community in France have shocked and horrified most main victims – a point which Charlie Hebdo made in commentators. These atrocities, which the Yemen branch an editorial of the first issue of the magazine published of the global terrorist group al-Qaeda have claimed the following the attack on its staff. Still others highlight responsibility for,1 have led to condemnations from that Jews were targeted merely because they were Jews.2 across the political spectrum and across religious divides. This was even more relevant given how a BBC journalist Some ubiquitous slogans that have arisen, whether appeared to suggest that there was a connection between Je suis Charlie, Ahmed, or Juif, have been used to show how “Jews” treated Palestinians in Israel and the killing of empathy with various victims of these horrid events. Jews in France in a kosher shop.3 These different responses illustrate some of the divides in The most notorious response arguably has not come public reaction, with solidarity shown to various camps. from Islamist circles but from the French neo-fascist For example, some have wished to show support and comedian Dieudonne for stating on his Facebook solidarity with the victims but have not wished to imply account “je me sens Charlie Coulibaly” (“I feel like Charlie or show support to Charlie Hebdo as a publication, Coulibaly”). -
Islamic Banking Slides
Lehrstuhl für Bankwirtschaft und Finanzdienstleistungen Prof. Dr. Hans-Peter Burghof with Ahmad Abu-Alkheil and Ulli Spankowski Islamic banking & Finance •Introduction •Evolution 2 IslamicBankingandFinance Glossary : IslamicBankingandFinance Term in Arabic Meaning Reba Interest Al-wadiah Safe keeping Bai'muajjal Deferred-payment sale Bai'salam pre-paid purchase Zakat Islamic tax Halal lawful Haram unlawful Ijara leasing Mudaraba profit-sharing Mudarib Entrepreneur-borrower Murabaha Cost-plus or mark-up Musharaka Equity participation Qard hasan Benevolent loan (interest free) Gharar Uncertainty or chance Sukuk Islamic bond Qirad Mudaraba Rabbul-mal Owner of capital Shariah Islamic law Shirka Musharaka 3 Islamic Economics Islamiceconomics: •Is economics in accordance with Islamic law . GoalsofIslamicEconomics: •Broad-based economic well-being with full employment and optimum rate of economic growth. •Stability in the value of money to enable the medium of exchange to be a reliable unit of account and a stable store of value. •A just return is ensured on investment and development projects. •Effective rendering of all services normally expected from the banking system. •Socio-economic justice and equitable distribution of income and wealth 4 IslamicBankingandFinance Rules regardingIslamicfinance: •Any predetermined payment over and above the actual amount of prprincipalincipal is prohibited •The lender must share in the profits or losses arising out of ththee enterprise for which the money was lent •Making money from money is not Islamically acceptable (Asset Based Financing) •Gharar (Uncertainty, Risk or Speculation) is also prohibitprohibiteded •Investments should only support practices or products that are nnotot forbidden 5 IslamicBankingandFinance Islamicbanking: A banking system that is based on the principles of Islamic law (also known as Sharia, and guided by Islamic economics). -
Riba, Interest and Six Hadiths
Riba , Interest and Six Hadiths: Do We Have a Definition or a Conundrum? Dr. Mohammad Omar Farooq Associate Professor of Economics and Finance Upper Iowa University June 2006 [Draft; Feedback welcome] The Readers are highly encouraged to read another of my essays "Islamic Law and the Use and Abuse of Hadith " before this one to better follow and appreciate this essay. NOTE for fellow Muslims: Because this topic involves what is haram (prohibited) and halal (permissible) in Islam, every Muslim MUST do his/her own due diligence and conscientiously reach own position/decision in regard to personal practice. In doing so regarding this matter or any other aspect of life, Muslims should seek guidance from the Qur'an and the Prophetic legacy. Each hadith is properly referenced, but for internal reference within this essay, in the sequence presented, each hadith is numbered with # H-. Some of the references in this essay are from secondary sources. As the draft takes it final shape, original sources would be gradually cited and replace the secondary source citations. "There is nothing prohibited except that which God prohibits ... To declare something permitted prohibited is like declaring something prohibited permitted." Ibn Qayyim 1 I. Introduction The Qur'an categorically prohibits riba . However, since there is no unanimity about the definition or scope of this prohibition, we will use the original term riba throughout this essay. In the Qur'an it is specified: Those who devour riba will not stand except as stands one whom the Evil One by his touch hath driven to madness. That is because they say: "Trade is like riba 1 Quoted in Abdulkader Thomas (ed.) Interest in Islamic Economics: Understanding Riba [Routledge, 2006, p.