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The practice of waqf is vital in the development of the entire Muslim community. The waqf system at the Perbadanan Wakaf Selangor (PWS) has expanded in various ways or methods to include cash waqf, general waqf and special waqf, therefore providing Muslims with the opportunity to perform worship in a collective manner in order to enhance the Muslim community’s socio-economic status. This study was conducted to understand the concept of land purchase using cash waqf in the state of Selangor. The objective of this study is to ascertain the current status of waqf for the purchase of land through the cash waqf mechanism, along with issues in implementing it. This study used both the library study method and a field study to collect qualitative data. Data for this study was also obtained from semi-structural interviews with PWS officers and those involved in the management of waqf property. The findings show that waqf for land purchase within the state of Selangor has achieved its objective, despite challenges faced. The constraints regarding the waqf system are that the waqf fund collection had not achieved its target in addition to the short contract durations, which had caused the development of the planned waqf property to not run smoothly. Several recommendations and policy implications are suggested to ease future purchases of land through the cash waqf scheme so that it will become a valuable asset used for Muslims’ economic development. [ABSTRACT FROM AUTHOR]

Islamic economic development is a task incumbent upon a good Muslim community. Indonesia has, in recent years, accelerated its economic development -especially in the area of infrastructure development -thereby requiring additional funding sources to aid this development. Thus, the government has issued Project Based Sukuk (PBS), which aims to finance the development of the country’s infrastructure. PBS is a Shariah-based financing instrument that is an alternative for Muslim communities which are interested in building a country’s economy without elements of ribā. This instrument has a main contract in the form of ijārah and supporting contracts, one of which is al-bay‘. However, the application of these contracts can only be said to be valid from a Sharā‘ perspective if all rules and conditions are throughly fulfilled. This study focuses on analyzing the application of the al-bay‘ contract on PBS. It uses a data collection method by interview and review of literature, which was then analyzed inductively to draw conclusions from the specific to the general. The study found that the majority application of the al-bay‘ contract to PBS is in line with the principles of Shariah, although there are still some issues still to be rectified. [ABSTRACT FROM AUTHOR]

Ṣukūk emerged in the last two decades as a noteworthy contender for conventional bonds. Their wider appeal for Muslim populations around the world led to more issuers preferring to issuing ̋ukūk over conventional bonds. This is the case for most countries in the Islamic World, but not Kuwait, despite it being a world-renowned pioneer and hub for innovation and creativity in Islamic Finance and Shariah-compliant capital markets. This study examines the legal and regulatory framework for ̋ukūk in the State of Kuwait after giving a brief history of its development. Through qualitative analysis of news sources, country reports, and academic papers, this study attempts to identify the major challenges and hurdles facing the development of ̋ukūk despite the illustrious track record of the Islamic Finance industry in Kuwait. As per the study, the most notable challenges and hurdles are in relation to the benchmark yield curve, public awareness, and listing of ̋ukūk. The study concludes by suggesting possible solutions which all require a higher level of coordination between government entities and relevant stakeholders. [ABSTRACT FROM AUTHOR]

The book of Furū' al-Masā'il by Sheikh Daud bin Abdullah al-Faṭanī (1131-1265H/1718-1847M), an Islamic religous work written in jawi, was considered a masterpiece in the field of Islamic jurisprudence at the time of his appearance in the nineteenth-century. This book contains almost all the titles in the field of Islamic jurisprudence including fiqh al-mu'āmalat or Islamic transactions. One of the titles covered in fiqh al-mu'āmalat, which is no less important, is the title of khiyār or option. Therefore, this article attempts to analyse the concept of khiyār as discussed by Sheikh Daud in this book. In analysing the corpus study, this article applies the content analysis methods through a thematic approach that is grouped under six subtitles: definition of khiyār, classification of khiyār, khiyār majlis or option during the meeting, khiyār syart or option of condition, khiyār 'ayb or option of defect, and arsy or rebate. In addition, the approach draws a comparison with the views of major Shāfi'ī jurists. This article identifies the view of Syeikh Daud al-Faṭānī concerning the concept of khiyār, which is within the scope of discussion Shafi'i school of jurisprudence. This clearly indicates that the school of thought of Sheikh Daud al-Faṭānī was a continuation of a series of traditional Islamic sciences that draws on the family cluster and network of genealogy of jurisprudence references. [ABSTRACT FROM AUTHOR]

This study discusses the issue of Muslim imitation of non-Muslims, particularly in respect of the celebrations of the multicultural society in Malaysia. Recently, arguments have emerged pertaining to the issue of Muslim practices of imitation of non-Muslim celebrations, such as participating in celebration in the temples or churches and wearing the special symbol of a particular religion. In accordance with this, the imitation phenomenon has raised jurisprudential implications for Muslims. This article attempts to analyse this kind of social phenomenon by referring to the traditions of the Prophet PBUH that strictly prohibited this practice. Moreover, this study discusses the patterns of imitation that are permitted and prohibited according to Islamic jurisprudence. The results of this study show there are prohibited imitations being practiced by Muslims in Malaysia, especially in respect of festivals and celebrations. [ABSTRACT FROM AUTHOR]

Conditional hibah (bequest) in favour has become a popular product in Malaysia with a market that is growing in tandem with the rapid development of the nation's Muslim estate planning industry. Such products with the underlying conditional hibah principle need to be viewed in terms of the law, type of contract and impact on the contracting parties. However, written laws of conditional hibah in favour are still lacking in Malaysia in contrast with those provided under the Civil Law of Jordan. Therefore, this article aims to examine the views of the Islamic jurists on the conditional hibah in favour and the relevant provisions in the Civil Law of Jordan. Specific written laws for hibah are essential for regulating hibah transactions in the emerging markets so that they are consistent with the sharia principles and meet the demand of the Islamic community in this country. [ABSTRACT FROM AUTHOR]

Malay Muslims are regarded as loyal adherents of Shafi'i madhhab since they embraced Islam centuries ago. The strict adherence to the madhhab, however, sometimes leads them to some difficulties when some Shāfi'ī standpoints do not suit certain circumstances or needs. Hence, they start to look for viewpoints from other madhhabs, which are considered as more adaptable to their situation and need. However, this step is considered as a last resort when no acceptable answer is found in the madhhab. This move should also be differentiated from the idea of borderless fiqh propounded by the reformists to free the Malays from holding to a specific madhhab. Whilst occasionally adopting the views of other madhhabs is permissible by the majority of Malay ulamas, being free from holding to a certain madhhab is seen as tantamount to heresy, and, therefore, should not be allowed. There is a thin line between both situations and this could lead one to confusion if it is not properly understood. This paper attempts to analyse the issues based on the perspectives of the Islamic traditionalism and reformism. Although the conflicting thoughts of both parties on this particular issue are hard to reconcile, there are some common standpoints that can lead to positive collaboration between them. [ABSTRACT FROM AUTHOR]

This article aims to analyse the zakat payment method implemented by the Pusat Pungutan Zakat - Wilayah Persekutuan (PPZ-MAIWP). Based on data from 2003 to 2009, PPZ-MAIWP has recorded a positive trend of total annual zakat collection. This increasing trend was driven by the PPZ-MAIWP initiative to implement a variety of payment mechanisms in line with the needs and technological change. Thus, their initiatives can become a model to other charity institutions. Furthermore, it will also provide opportunities and facilitate Muslims in Malaysia fulfilling the Islamic pillars. [ABSTRACT FROM AUTHOR]

Public confidence concerning the permissibility of a particular product or whether it is halal, particularly for Muslims, is secured through the display or label confirming halal certification issued by an authorized or recognized organization. To the producers, halal certification can be considered as a marketing tool. In Malaysia, several regulations have been put in place relating to halal certification or labelling. The main complaint pertaining to halal certification in Malaysia concerns the existence of several halal certification bodies, which has created confusion among the Muslim consumers. The aim of this article is to analyse the reasons for this confusion and to offer some practical solutions from the legal point of view. Data are collected through library research and interviews with relevant government officials. Descriptive and content analysis of the reading materials and relevant law statutes is used in the discussion. The findings from the analysis of the data collected suggest that the existing legal provisions, especially Trade Description Rules 1972, are not equipped to deal with the current issues and challenges of halal certification, especially concerning the control over halal certification bodies that offer the service of halal certification to the public. This article, to a limited extent, attempts to highlight several important developments, especially the introduction of the new Trade Descriptions Act 2011, which was not available at the time this article was written. [ABSTRACT FROM AUTHOR]

This paper explores the Islamic and scientific approaches in determining water quality classifications. It elaborates on the water classes, index ranges and parameters stipulated in the Water Quality Index-Department of the Environment (WQI-DOE) in the context of its strategies for controlling water pollution from point sources and provides a comparative analysiSWTh the tahārah-najāsah standards that are embedded in Islamic Hygienical Jurisprudence. Based on these research findings, the approach of Islamic Law is still relevant and applicable because of its universal and dynamic values. There is also compliance between the Islamic Law (conventional measurement) and WQI-DOE (scientific measurement) in standardizing and gauging water quality. The similarities can be clearly seen in both water quality parameters, especially concerning the aspects of acceptability (taste, odour and appearance). [ABSTRACT FROM AUTHOR]

In the past, Malay Muslims contributed by enriching the collection of writings. Among them is Shaykh 'Abdul Qadīrbin 'Abdul Rahīm Bukit Bayas. His book, entitled Risalah Fi Bayan Ḥukm Al-Bay' Wa Al-Ribā is an essential reference, particularly in discussing Fiqh al- Mu'āmalāt. This study will attempt to highlight the author's biodata and the history of the book, how the manuscript is tracked, as well as analysing the content of his book. The data were collected from library research, documentation method and interviews. Then, they were analysed by analysis content method. The study found that Shaykh is one of the Malay scholars who played a role in delivering the Fiqh al-Mu'āmalāt in the local mould. In conclusion, the author is considered to be an influential scholar in Terengganu although he is not so famous. The book should be consulted in order to gain benefit therefrom. [ABSTRACT FROM AUTHOR]

The fatwa of a companion, as one of the disputed sources of Islamic law, has its role in explaining law derived from Ijtihad that is formulated by the companion. The two main functions of this Ijtihad are to reinterpret law that is available in the legal text and to explicate something new without going against the Islamic law. This article aims to elucidate its definition and the opinion of the principles of Islamic jurisprudence scholars on matters relating thereto. The discussion is also centred on the specific cases on farā'id, which is well-known for its particular name and calculation that made it famous. Four cases have been chosen as samples - al-musharrakah case, al-kharqa' case, al-akdariyyah case and al-hamziyyah. Generally, the authority for deriving Ijtihad focuses more on the individuals who were frequently referred to in issuing a fatwa. In addition, the role of Ijtihad of a companion in elaborating a law is very important even though it has already been detailed in legal text. [ABSTRACT FROM AUTHOR]

Since the Parliament of Malaysia passed the Islamic Banking Act 1983 (Act 276), it has been shown that the scope of Islamic law implemented in Malaysia is no longer limited to the scope specified in List II of the Ninth Schedule of the Federal Constitution. Pursuant to List II, the scope of Islamic law is limited to personal law and religious offences only. The Islamic Banking Act 1983 (Act 276) in governing the Islamic banking and finance system has widened the scope of Islamic law. The implementation of an Islamic banking and financial system also has implications for the administrative aspects of Islamic law. The scope of Islamic law, as specified in List II, remains under the State's jurisdiction. Meanwhile, the Federal's jurisdiction has the power in governing and regulating Islamic banking and financial matters. This phenomenon also shows the impact of the judicial jurisdiction of the Syariah court and civil court over the scope of Islamic law in Malaysia. In this regard, the Syariah court retains its jurisdiction over the scope of Islamic law enunciated under List II. However, matters pertaining to Islamic banking and finance are subject to the jurisdiction of civil courts. Henceforth, this article seeks to analyze the implications that arise in respect of the administration of Islamic law under the Federal and State Legislature. [ABSTRACT FROM AUTHOR]

Since modern times, the discourse of Islam established by western orientalism hascreated a disturbing response among Muslim scholars. Due to the peaceful nature of Islam, which is strongly opposed to any harsh confrontation withothers, we suggest thatMuslim scholars should promote the discipline of occidentalism embodied with the Islamic point of view. Consequently, such suggested discipline can be used to renew the negative image imposed by orientalists upon the Muslim civilization. Based on this background, this article will analyse orientalism's attitude towards Islamic law by utilizing the methodologies proposed by the Islamic discipline of occidentalism. In order to achieve such objectives, this article is divided into several sections, namely, first the basic premise that initiated the concept of the disciplineof Islamic occidentalism. In the second and third section, special investigation will be placed on the recent occidentalism studies and its mode of operation in discussing these proposed subjects. In the fourth section, we may scrutinize the orientalist's premise concerning Islamic law by utilizing the proposed concept as well as the methodologies of the Islamic discipline of occidentalism. Finally, the study will be concluded with various suggestions. [ABSTRACT FROM AUTHOR]

Wealth is needed for human survival. By nature, people always seek wealth. In Islam, wealth is owned by God and given to man to be dealt with properly. Man only acts as a trustee and manager who is responsible for managing the wealth. Therefore, it is the duty of every Muslim to plan and manage the wealth as prudently as possible based on Islamic law. However, greed and human preoccupation of wealth sometimes lead to the overruling of the halal and haram principle. Unmanaged wealth leads to waste, fraud or freezing of the wealth itself. This is extremely detrimental to wealth owners and the Muslims at large. Based on this, the paper attempts to discuss wealth management in Islam by focusing on the aspect of values. It is important to ensure that the wealth comes from ḥalāl (legitimate) sources, spent in the way of Allah, systematically planned, productively developed and ethically managed to be a provision in the future and the hereafter. Therefore, values, such as gratitude, accountability, wise, fair, diligent, productive and futuristic need to be appreciated by every Muslim. These values will guide the planning, spending and managing of wealth wisely, in order to ensure one's well-being in the world and the hereafter. [ABSTRACT FROM AUTHOR]

The issues of naṣṣ, maṣlaḥah and bid'ah are always being among the most debatable issues among scholars at any point of time. Even though it has been frequently made a significant agenda in a scholarly discussion since long time ago, these issues seem to be difficult to resolve especially when a fanatic group involved in it to the extent that they rejected any argument against their views aggressively. In Malaysia, these issues are more critical and crucial as the general public who are mostly ignorant of Islam have been exploited to spread their doctrine which aims to gain influence. In consequence, the general public who anticipate the actual religious guidance from the scholars have been more puzzled and confused because this groups considered themselves experts in Syariah ruling. Therefore, this article discusses the real situation of contradiction between naṣṣ (revealed text) and maṣlaḥah and its relationship with bid'ah (innovation). The concept of bid'ah which is always being perceived as contradictory to al-Sunnah and the practice of al-Salaf al-Ṣāliḥ will be analyzed and thoroughly examined based on the actual understanding of Uṣūl al-Fiqh (Methodology of Islamic Jurisprudence) and Maqūṣid al-Syarī'ah (the objectives of Syariah). This article also emphasizes on the extent to which the correlation between nass and maslahah gives rise to bid'ah hasānah (commendable innovation) as presumed by classical jurists. [ABSTRACT FROM AUTHOR]

In dealing with modern Islamic financial engineering, Shariah provides us with considerable flexibility to invent new contracts, as long as we do not contravene the basic principles of Islamic law. In addition, we found that Shariah scholars in their classical works on Islamic law paid great attention to the nominate contracts; the contracts that historically have specific names with specific features. Through our research on the classical works of Islamic law, all these nominate contracts play a vital role as a basis for any new invention in financial contracts. This research, however, found that the specific names, such as syarikah, ijārah, wakālah, etc., are meaningless in Islamic law except to differentiate between the characteristics of each contract. Hence, the justification to refer new contracts to classical nominate contracts is to ensure that the legal impact of the new contracts does not lead to any prohibited contract or any wrong combination of two or more contracts that contradict each other, as well as to verify that the contracts will not oppose the general objectives (maqāṣid 'āmmah) of Sharīah. [ABSTRACT FROM AUTHOR]

The concept of the time value of money remains a matter of debate among Muslim scholars as it is perceived to provide justification for riba. The perceived opening for riba is that the exchange of time for money will end with money begetting money. This would corrupt the traditional function of money as a means of purchasing goods because money is not something intended for itself. However, this research proves that the classical jurists in their scholarly writings discussed whether time can be given a counter value and ruled that it can. It is also found that contemporary scholars have explained this concept in the context of its application to modern financial activities conducted in a dual banking system. Even though they have been able to prove substantially the time value of money in financial transactions, there are several aspects of time value of money which have not yet to be explained in depth, such as the parameters for its application in Islamic finance. Hence, a critical review of the literature on it needs to be done to identify the aspects of the time value of money that require further examination. Library methods as well as analytical methods are employed to thoroughly examine the views of the Muslim jurists on the concept of the time value of money in financial transactions. [ABSTRACT FROM AUTHOR]

Derivatives are a financial instrument that derives its value from underlying asset. This article reviews shariah issues in derivatives contract from the Islamic perspective. Islamic derivatives contract should be free from any elements prohibited by Islam such as riba, maysir (gambling), and gharar (excessive uncertainty). Muslim scholars adopted different approach in discussing the issues of derivatives contract. A study was conducted using data collection method from secondary sources namely journals, seminar proceedings, and books to collect the data comprising scholars' views in derivatives contract. The data were then analysed using thematic approach. It was found that the difference in opinion among scholars is due to the differences in their understanding and interpretation of al-hadith and in their understanding of derivatives contract itself. [ABSTRACT FROM AUTHOR]

Islam and Christianity are the closest religions when compared with other religions, next to Judaism. Yet they are very antagonist to each other. A close look to creeds of the two religions reveal that the two have so much in common, sufficient enough to prevent the level of rivalry that has characterized their relationship for centuries. In spite of advancement in knowledge and modern facilities that suppose to have bridged the gap, the hostility continues. This article attempts to observe the reasons for this endless rivalry which are caused by many factors which include political, cultural, economical, and lack of awareness for each other's teachings, as a modest contribution to bridging the problem of lack of awareness of each other's teachings by tracing the history of Prophet Muhammad PBUH, the founder of Islam and his efforts to reform his society most especially the rule of law. [ABSTRACT FROM AUTHOR]

Al-Maṣāliḥ al-Mursalah was one of the sources in Islamic jurisprudence which does not reach unanimous acceptance among scholars. This principle was established based on the importance and beneficial impact towards people, in which all goodness, benefit, welfare and those that could guaranteed the better condition towards mankind will be accepted as the basis for law maker. Furthermore, these principle neither be found directly in the Qur'an nor in the Traditions. Among scholars, it cause variance justification in deciding which is the best and utmost for people based on these differences, including in inheritance matters. Hence, the study aimed to identify the concept of al-maṣlaḥah and its application in dividing inheritance among heirs. The study found that there are implications of these variances among Muslim scholars in determining what al-maṣlaḥah is for heirs. Nevertheless, the study also found that the benefit of heirs always the essential part of scholar's thought such as giving alternative space based on the situation and the right of heirs which could benefit them through bequeath and gift mechanism. It was obvious that the guarantee of maṣlaḥah unlimited in the division of estate through inherintance only, but far beyond. [ABSTRACT FROM AUTHOR]

Food is crucial to all humankind and to obtain an adequate food supply it must either be produced or imported from other countries. This article will discuss the policy that has been implemented by the Malaysian Government in order to ensure an adequate supply of food in Malaysia, namely, the National Agricultural Policy 1984-2010. From an Islamic perspective, this policy is very important for the government to provide direction to the country's agriculture to ensure it follows the right path in supplying food to fulfil the need of the people. With the implementation of these policies it is clear that Malaysia has food sufficiency for certain foods such as fruits, vegetables, fish, eggs and poultry but still lacks rice, milk and meat. [ABSTRACT FROM AUTHOR]