Browsing by Department "Islamic Revealed Knowledge - Department of Fiqh and Usul Al-Fiqh"

The instances of child abuse in Malaysia are deeply concerning, with 6,770 reported cases of children in need of care and protection in 2022, and a heart-breaking toll of 220 children losing their lives due to abuse over the past 5 years. This study delves into the intricate concept of ḥaḍanah (child custody) within Islamic jurisprudence, thoroughly examining its causes and impact on children. This study addresses the abuse of ḥaḍanah 's rights: dissecting the concept itself, uncovering the causes and repercussions of child abuse, and proposing solutions from an Islamic standpoint. Furthermore, by specifically analysing child abuse cases in Malaysia, this research offers pragmatic insights into the complexities surrounding custody matters. It employs a descriptive approach by gathering definitions from classical and modern jurists and practitioners. The analytical methods cover a wide range of activities, such as literature reviews, statistical analyses, regulatory reviews, and social and ethical evaluations. Fieldwork involves interviewing policy-oriented lawyers and doctors to identify major issues, and suggest directions for improvement in child welfare that could arise in child custody cases. The goal is to uncover the underlying causes of child abuse and its profound effects on children. The primary causes identified for child abuse in Malaysia predominantly arise from family disputes, financial problem and alcoholism, thus exerting significant physical and psychological impacts on children. Moreover, the abuse extends its repercussions beyond the individual, contributing to broader societal challenges. Ultimately, this study strives to provide vital insights that can guide parents, children, policymakers, and authorities in effectively combating child custody abuses, ensuring the safety and well-being of children.

The consencus among Muslim scholars is clear on the prohibiton of riba, yet their perspectives diverge on whether the interest charged by conventional banks constitutes riba. While most Muslim scholars classify it as such, Muslims are forced to deal with conventional banks due to living in Muslim minority areas or other circumtances. Despite its non-Islamic governmental structure, Indonesia has the world’s largest Muslim population and is subject to similar circumstances. The element of necessity holds significance. Islamic banks are the preferred option, but dealing with conventional bank in unavoidable when they are unavailable. However, the consensus is that funds generated by conventional banking operations should be designated for charitable purposes. This study aims to optimize the utilization of conventional banks’ interest by directing it towards charitable objectives; while not encouraging prolonged engagement with conventional banks among Muslim customers. For these endeavours, adherence to Islamic principles and national laws is paramount. The study’s methodology encompasses four primary approaches: inductive, analytical, field, and comparative methods. Notable discoveries include the potential presence of significant riba estimated at no less than USD 600,000 every month in West Sumatera. The findings are significant given West Sumatera’s status as a non-wealthy province in Indonesia, implying even greater potential in other provinces. Despite the availability of Islamic banks as an alternative, a sizable proportion of Muslims continue to use conventional banks. Meanwhile, the Indonesian Islamic Scholars Council has not issued specific guidelines for dealing with riba through charitable institutions. Undertaking this project is vital due to its estimated numerous positive impacts.

This research aims to study the Ijtihad and Fatwa in contemporary issues at the Malaysian National Fatwa Council in the light of Maqaṣid al-Shariʿah. The problem statement of this research is to show the Maqaṣidi perspective of Ijtihad and Fatwa by the Council. The researcher adopted the inductive method by scrutinizing the opinions of Islamic Jurisprudence and Its Principles’ scholars in the subject matter of Ijtihad and Fatwa in the light of Maqaṣid al-Shari'ah. In addition, the researcher used the descriptive method to highlight the concept of Ijtihad and Fatwa in the light of Maqaṣid al-Shariʿah and the history of Islam in Malaysia with a focus on the Ijtihad and Fatwa. Other than that, the researcher applied the analytical method in his analysis of Ijtihad and Fatwa by the Council. Finally, the researcher used the field method by holding interviews with persons in charge of the Ijtihad and Fatwa in Malaysia to obtain information related to the Council. This is done by choosing 20 Ijtihad and Fatwa in the field of ʿIbādāt, Munākaḥāt, Muʿāmalāt and Ṭib. The issues included in the research are the permissibility for police and army to leave Jum'ah prayers because of duty, performing Ḥajj more than once, the ḥukm for women on their menstrual cycle to enter the mosque, the consuming of COVID-19 vaccine during Ramaḍān, the consuming of COVID-19 vaccine for ḥujjaj and muʿtamirin, the marriage of woman pregnant out of wedlock child, the woman who marries without wali, the compulsoriness of HIV test for couple who want to get married, the ʿaqd of marriage via video conference, the child marriage, the life insurance, the money game, the use of Ruqyah Syarʿiyyah for business purpose, the cryptocurrencies, the e-wallets, the transplant of heart and eye, the stop of medication for Brain Death patient, abortion because of baby defection, Human Cloning and Mercy Killing. The researcher can conclude that there is application of Maqaṣid al-Shariʿah in Ijtihad and Fatwa conducted by the Council.

This research investigates the role of arbitration in resolving family disputes while emphasizing the significance of aligning with Maqasid al-Shariah in family judgments and in comprehending the root causes of family disputes in general, particularly those issues related to marital relations. It also examines how these Maqasidi considerations influence the arbitration process within the framework of Sudanese Personal Law of 1991 AD. The study is divided into five chapters, which elucidate the concept of family and the importance of considering Maqasid al-Shariah as a benchmark for understanding family disputes and finding appropriate resolutions. Also, it provides insights into arbitration, discussing its legitimacy, prerequisites, and objectives. Moreover, the research delves into the role of arbitration in resolving disputes between spouses within the Sudanese context by addressing situations of discord. It assesses the extent to which family arbitration is observed in Sudanese society and underscores the importance of activating it by aligning with Maqasid al-Shariah concerning family matters. This involves comprehending the disputes, their causes, interconnections, and ramifications while seeking effective solutions. The study evaluates the effectiveness of implementing the Sudanese Family Law of 1991 AD concerning arbitration by considering the Maqasid al-Shariah. The research employs both descriptive and analytical approaches, complemented by fieldwork. Key findings include that Sudanese personal laws and statutes are rooted in Islamic Sharia principles. Additionally, the study acknowledges the acceptability of the role played by two arbitrators in reaching a legal resolution for disputes. Despite its legal importance, customary arbitration remains prevalent. Furthermore, along with adequate hearing, confidentiality maintenance, communication coordination between spouses, and alignment with common interests observed by arbitrators, there is a need for further actualization of Maqasid al-Shariah in family matters comprehensively as guiding standards and means to comprehend the reality of disputes, their causes, effects, and to rationalize arbitration decisions towards appropriate resolutions. In conclusion, the research recommends that scholars undertake complementary studies to emphasize the realization of Maqasid al-Shariah in mediation and reconciliation as alternative methods for resolving family disputes within the Sudanese context.

This study addresses the pricing of Islamic financial products and their mechanisms. It is a jurisprudence study on the Musharakah Mutanaqisah Partnership (MMP) through its applications in Islamic banks. The study aims to identify the applied pricing mechanisms in Islamic financial products, the general rules for its pricing, and the effects of interest rate on this process. This study used the inductive approach to get the views of Islamic economic scholars on the pricing process and the usage of MMP applications in Islamic banks. Besides, it used the analytical approach to identify the Islamic and economic views on the pricing mechanisms and to assess them in the field of MMP. The results of this study indicate that Islamic banks are still using interest rate as an index in the majority of their pricing process, but there is no special Islamic pricing index. In addition, the results also show that the pricing in these Islamic banks has ambiguities and requires more clarifications, especially with the varieties of MMP applications that obstruct the pricing mechanisms.

There is no doubt that the marital bond is one of the holiest contracts in Islam, as God Almighty called it the solemn covenant, but something may happen to this relationship that weakens its progress, and problems arise on the part of the husband or wife, so God has legislated a number of reforms to heal the rift and reconcile the relationship, even if the matters do not improve. God has created an effective solution to these problems, which is divorce, which is a man’s right that a woman does not have. Here lies the problem of the research: if the wife wanted separation for any reason, and the husband was stubborn, or the husband saw that he was unfair to this wife and deceived her due to a defect in her or an illness. He spent huge sums of money on his marriage. Can the judiciary separate them while preserving the rights of each of them? The objectives of the research are to discuss this distinction and when can the judge make it? What is the system in it, whether before or after the legalization of the Saudi judiciary? How did the Saudi judicial system develop until it reached the stage of legalization? The researcher employs the inductive approach to collect information, then analyzes this information, compares the sayings of jurists in different schools of thought, and compares it with what is stipulated in the Saudi judicial system. Through the field study, the researcher will apply a questionnaire targeting experts in this field. The researcher will also conduct a personal interview with the judges in order to gain their opinion on the new system. The researcher will also review some of the cases that occurred in which there was a difference between spouses, whether due to illness or defect, and then compare them and explain the change that occurred. in the judicial system, then compares the Saudi judicial system with the personal status laws in neighboring countries. Thus, the researcher forms his conclusion about the Saudi personal status system, and the most important results that the research reached are that the articles of the new Saudi personal status system regarding the issue of separating spouses due to defects and diseases are good in general, but they need to add new articles to keep pace with the personal status laws in neighboring countries. It is also appropriate to make a descriptive control for the defects and diseases that cause separation between spouses, and the researcher recommended adding two new articles to the system.

This study addresses the provisions of the Standard Sharikah (Musharakah) of the Accounting and Auditing Organization for Islamic Financial Institutions (“AAOIFI”), with a particular focus on the contractual partnership (Sharikat al-‘Inan) from the traditional Fiqh-nominate partnerships, and the diminishing partnership (Musharakah Mutanaqisah) and the joint-stock company (Sharikat al-Musahamah) from the modern corporations. No study has been published by AAOIFI on this subject, nor has any fundamental analytical study been written on that Standard. Given the widespread adoption of AAOIFI Standards in many countries, and their implementation by Islamic financial institutions, this study aims to examine that Standard and compare its provisions with the Fatwas of Kuwait Finance House (“KFH”), issued by a group of renowned scholars. This will help to address the shortcomings in the Standard, explore the possibility of improving it, and presenting appropriate recommendations for its enhancement and amendments. This study employs inductive, analytical and comparative approaches. The key findings of the study include three primary areas of disagreement between AAOIFI and KFH. First, the ruling on investing in shares of companies whose core business activities are originally Shariah-compliant, but engage in Shariah non-compliant transactions. Second, the conditions of the guarantor, and third, the guarantee of a fixed percentage of profits by the seller.

This research aims to clarify the position of the Islamic Council of the State of Yala regarding divorce matters, highlighting the reasons leading to divorce and the consequent effects of its prevalence among the Muslim community in the state of Yala. It also seeks to elucidate the solutions proposed by the Islamic Council for divorce issues within the Muslim community from a jurisprudential perspective, outlining their legitimacy under Islamic law. The researcher developed a primary research tool using an inductive approach to collect the opinions of jurists by examining relevant information from their books. Additionally, an analytical method was employed to explain the various statements and evidence of jurists concerning divorce issues. A field study was conducted, which included interviews, visits, and follow-ups with five cases (samples) of divorced individuals, as well as five people among scholars, Shariah legal practitioners, and members of the Islamic Council committee, and two professors and academic experts from bodies related to the subject. The research is structured into four main elements. It begins by defining divorce and its ruling and the rights of divorced women in Islamic jurisprudence. Then, it explores the stance of the Islamic Council of the State of Yala on divorce matters, followed by identifying the reasons leading to the spread of divorce in the state of Yala and its associated effects. Finally, it discusses the proposed solutions by the Islamic Council of the State of Yala regarding divorce issues within its Muslim community. Among the key findings, the researcher identified major reasons for the prevalence of divorce in Yala state, including husbands neglecting the rights of their wives, unfair treatment among wives, involvement in drug and alcohol abuse, and ignorance of correct Islamic family laws. This study concludes by emphasising the necessity for Islamic councils to collaborate with all parties in addressing family issues within the community, especially at the governmental level, to promote societal peace and resolve family problems effectively.

This thesis addresses a significant aspect of the scholarly and intellectual legacy of the Mu'tazilite scholar al-Qaḍi 'Abd al-Jabbar (d. 415 AH / 1025 CE). This aspect concerns the topics and issues of Islamic legal theory (uṣul al-fiqh). There is a notable absence of a comprehensive and systematic study dealing with this scholar's thought on the various aspects of this discipline. This is evident in the lack of research examining the general foundations and theological premises on which his thought is based, as well as the methodology he employed. In outlining the issues and rules pertaining to legal theory, or in terms of his methodology for examining the evidence sources of juristic rulings, their order, their relationship to each other, and the ways of benefitting from them to derive rulings from them, or in terms of his style justifying and validating his preferences in all these matters. This leaves us without a systematic understanding of the nature of his contribution to Islamic legal theory, even if it were only preliminary and approximate. The present thesis attempts to address this gap. The researcher employed three principal methods: historical, inductive, and analytical. A biography of al-Qaḍi ʿAbd al-Jabbar was written using the historical method. This included an examination of the features of his scientific personality and his intellectual journey, as well as an analysis of the development of his thought on matters of Islamic legal theory through his various successive works. This was done in relation to his status in the Mu'tazilite school and his relationship with its most important theorists. Furthermore, the researcher was able to utilize this method to ascertain the historical and methodological interrelationship between Islamic legal theory and Islamic theology (ʿilm al-kalam), as well as the extent to which al-Qaḍi's views on legal theory were shaped by the intellectual and social milieu in which he operated. The inductive method was employed to trace the opinions of al-Qaḍi ʿAbd al-Jabbar and identify his statements and opinions on issues of Islamic legal theory, which are dispersed throughout a number of his works in theology, notably his encyclopedia al-Mughni fi Abwab al-Tawḥid wa-al-ʿAdl and Sharḥ al-Uṣul al-Khamsah, as well as other sources, including those transmitted from al-Qaḍi ʿAbd al-Jabbar and attributed to him by his student Abu al-Ḥusayn al-Baṣri in some of his uṣul al-fiqh works. The analytical method was employed to demonstrate the structure of al-Qaḍi 'Abd al-Jabbar's legal theory. This entailed a review of his views and statements, a description of them, and a classification of them according to the established order of issues and topics in Islamic legal theory as presented in specialized works. Furthermore, the researcher deconstructed al-Qaḍi's opinions and statements, analyzed and discussed them, demonstrated their underpinnings, interpreted them, and reconstructed them in the context of the cultural reality and the scholarly environment in which they were produced. Subsequently, these perspectives were assessed in accordance with the epistemological and methodological principles espoused by al-Qaḍi 'Abd al-Jabbar. Consequently, the researcher was able to ascertain the general characteristics of al-Qaḍi 'Abd al-Jabbar's contribution to Islamic legal theory. The researcher identified several key findings and results, the most significant of which are: 1. al-Qāḍī ʿAbd al-Jabbar employed the discipline of legal theory to reinforce his doctrinal principles in theology; 2. He established an independent approach to the study of Islamic legal theory, adopting a conciliatory stance within the Muʿtazilite school, which has greatly influenced subsequent developments in this field.

ABSTRACT This research delves into the Islamic Legal Maxims related to family sustainability. Its objective is to shed light on the Islamic Legal Maxims used to resolve family problems. The research especially centers on southern Iranian families and the maxims employed by the fatw? authorities in southern Iran to resolve family problems. The study also highlights insufficient research on Islamic Legal Maxims that can contribute to family preservation and the repair of troubled family relationships. By examining these maxims, the research seeks to provide solutions for contemporary family problems. The importance of this study lies in its attempt to formulate practical approaches for addressing emerging family problems. It emphasizes that, when combined with psychological insights, Islamic Legal Maxims can offer appropriate solutions for family problems. Consequently, communities in Islamic countries can enhance family sustainability by utilizing the expertise of the fatw? authorities in southern Iran by applying Islamic Legal Maxims to preserve and sustain families. To achieve the study's objectives, the researcher employed three methodologies: inductive and analytical approaches, as well as field study. The inductive approach involved a comprehensive review of Islamic jurisprudence literature to identify Islamic Legal Maxims related to family sustainability. The analytical approach focused on specific family-related Islamic Legal Maxims, outlining major maxims and their sub-maxims. Additionally, individual interviews were conducted with religious scholars, social activists, and members of the Sunni Fatwa authorities in southern Iran to address relevant questions. The study concludes that Islamic Legal Maxims play a significant role in family sustainability. These maxims can prevent family problems and, when issues do arise, help find solutions. The study reveals a significant correlation between Islamic Legal Maxims and family sustainability. These Islamic Legal Maxims can be employed to prevent family problems and resolve existing ones.

Islamic legal maxims (al-qawa'id al-fiqhiyyah) constitute a crucial foundation in Islamic jurisprudence. They emerged as an independent discipline in the fourth century AH and have evolved through authorship and research until our present time. This study aims to identify the legal maxims related to combating and preventing infectious diseases, while clarifying the nature of these diseases and explaining how Islamic law addresses them. The study also seeks to examine the applications of these maxims in fatwas concerning infectious disease control in Malaysia. The researcher employed both inductive and analytical methodologies, given the multiplicity of legal maxims related to infectious disease control and the numerous fatwas issued by the Malaysian National Fatwa Council and the Federal States' Fatwa Councils on this matter. The researcher selected a curated collection of these fatwas for study and analysis. The study identified the fundamental legal maxims relevant to combating infectious diseases and their implementation mechanisms in specialized fatwas. Among the most prominent of these maxims is "There should be neither harm nor reciprocating harm" (lā ḍarar wa-la ḍirar), which has been applied in various contexts, including the suspension of activities in mosques and prayer halls during the COVID-19 pandemic and in fatwas concerning vaccination rulings. Another significant maxim is "The ruler's decisions regarding his subjects are governed by public interest" (tasarruf al-imam ʿala al-raʿiyyah manuṭ bil-maṣlaḥah), which has been applied in cases such as the fatwa on embalming bodies of those who died from infectious diseases for international transport purposes. The study concluded with a comprehensive presentation of the legal maxims and their applications in fatwas issued by the Malaysian National Fatwa Council and the Federal States' Fatwa Councils, highlighting the importance of these maxims in addressing contemporary issues related to infectious diseases

Jaiz Bank Nigeria is considered the pioneer Islamic bank in Nigeria with significant financial activities to the Islamic economy, which triggers the need for more scrutiny of its products and services through academic and jurisprudential examinations. Recent research underscores the critical need to determine the level of Shariah compliance exhibited by the products and services offered by Jaiz Bank. This study focuses on explicating the rules and implications of Mudarabah products and services in Jaiz Bank Nigeria. The Mudarabah system in this bank is characterized by treating customers as fund owners, with the bank acting as an intermediary between fund owners and investors. All trades need to involve the total balance from each account in proportion to each customer’s contribution. An important issue arises regarding the deposit of speculative capital in a savings account instead of an investment account, impacting commercial transactions under the Mudarabah service. This concern led the researcher to choose this service for investigation, driven by the logical expectation that capital should be retained with investors for a period to facilitate trade-related tasks. After an objective thematic analysis via inductive and deductive approach of the qualitative data set from interview sections with selected Islamic banking experts and scholars, it appears that the problem has an acceptable jurisprudential interpretation. Based on interview information obtained from interviewees with direct knowledge of the Mudarabah transactions in Jaiz Bank, the researcher concluded that speculation regarding the source of its capital is a twofold process. Most of the funds bank trades come from the investment account, and this does not pose an obstacle to the investment. Such types of accounts have certain restrictions on profiteering. The smaller portion of funds is obtained from the savings account, making it comparatively less significant. However, its insignificance does not negate the underlying issue. Instead, the problem is resolved by acknowledging that customers have autonomy over the funds deposited in the savings account, with Mudarabah provisions applied only when customers maintain an amount tradable by the bank. Provisions and services related to Mudarabah in Jaiz Bank for savings accounts are contingent on the account’s creation and maintaining a logical balance. Ultimately, the daily percentage of accumulated profits is computed based on the balance of each account, leveraging advanced banking software. The researcher suggests that future research should cover the financial accounting aspect of the subject in order to scrutinize the reality of the legal regulation and continuity of the Mudaraba contract investigated during this research from an extensive jurisprudential perspective.

This research aims to examine how the wording of fatwas issued by the Terengganu State Fatwa Council and published electronically and how the local community understands it. Additionally, the research seeks to analyze the prevalence of fatwas in Terengganu and their impact on the community. The main research question focuses on ensuring the accuracy and reliability of fatwas published by the State Fatwa Council, as well as how these fatwas are communicated to the community, particularly regarding the language and wording used to help Muslims apply important rulings. The research also investigates how e-fatwas influence the community's understanding of Islamic values and principles. To address these questions, the study employs a descriptive approach to clarify the elements, conditions, and etiquette surrounding fatwas, especially among fundamentalists, and an analytical approach to assess the significance and challenges of e-fatwas in the modern era. The research includes a field survey involving personal interviews with 30 Terengganu residents to collect data related to the research topic. The findings show that the electronic publication of fatwas is considered one of the most important methods of delivering religious guidance to the community, allowing for quick and reliable access to fatwas. While the community engages positively with online fatwas, some fatwas are not fully understood due to complex wording. Furthermore, the study revealed that the State Fatwa Council faces technical challenges related to information security and the accuracy of published texts, especially in the current technological age. The researcher recommends organizing training courses for preachers, including members of the Fatwa Committee, to improve their ability to handle, publish, and widely distribute fatwas electronically, thereby enhancing the technical skills of those responsible for fatwas and improving their effectiveness.

Salafu and Kẖalfa scholars argue that the consent of the guardian (Wali) is an essential condition for the validity of marriage. Recently, the Muslim community in Malaysia has witnessed a growing phenomenon related to marriages where the jurisdiction of marriage is transferred to a judge. Some Malaysians are traveling abroad to transfer the right of guardianship from their obligated guardians to an appointed judge, seeking their services to solemnize their marriages. This type of marriage is recognized as legally and religiously valid by Islamic institutions and Sharia courts in Malaysia. This recognition is based on the jurisprudence of the Shāfʿī school, the official school in the country. Based on this reality, a the researcher decided to conduct a study to determine the validity of marriages of Malaysians who seek to remove the right of guardianship from their closest relatives and transfer it to the ruler in southern Thailand, in accordance with the adopted opinion in the Shāfʿī school of jurisprudence. The researcher aimed to explain the motivations behind this behavior. To reach this conclusion, the researcher utilized both inductive and analytical methods, conducting field interviews to gather the opinions of scholars, judges, lawyers, mufti, academic experts, and members of the Islamic Religious Council in Malaysia and Thailand. The researcher concluded that the marriage of a runaway woman from her compelled guardian with the intention of transferring the guardianship to the judge in southern Thailand is invalid. This is due to the failure to meet the requirements and conditions for the validity of marriage under the judge’s jurisdiction, as outlined by Shāfʿī scholars. As a result, several negative consequences arise at the individual, familial, social, and legal levels. This behavior is considered one of the factors leading to the disintegration of family relationships and the collapse of the moral value system in Malaysian society as a whole. It is expected that this study will draw the attention of official authorities, responsible individuals, and experts to re-evaluate certain fatwas that do not align with the correct opinions endorsed in the Shāfʿī school of jurisprudence. Additionally, it aims to improve certain legal and administrative procedures for Malaysians who wish to solemnize their marriages through the ruler in Thailand. This is done to limit manipulation regarding the guardianship issue and to close the channels used by irresponsible individuals, such as unauthorized agents who seek profit without considering the potential negative consequences.

This research aims to examine the methodology of Imām Shihab al-Din al-Ramli in establishing and applying the principles of uṣul al-fiqh that he adopted in juridical branches through his works on legal theory and jurisprudence, particularly concerning issues of purification and prayer. Imam Shihab al-Din al-Ramli, as one of the later scholars of the Shafi'i school, has not been the subject of any study analysing the foundational principles of uṣul al-fiqh upon which he based his fatawa. Therefore, this research seeks to address this scholarly gap by revealing the extent of consistency between his juridical rulings and his adopted foundational principles. The researcher employs an inductive methodology to trace the principles of uṣūl al-fiqh in Imam Shihab al-Din al-Ramli's works, subsequently identifying scholarly disagreements that exist regarding these principles and clarifying points of contention among scholars. The research also adopts an analytical approach to examine of Imam Shihab al-Din al-Ramli’s juridical statements, establishing the foundations of these juridical branches under their appropriate usul principles. This study demonstrates the practical implications derived from the science of usul al-fiqh, transitioning it from its theoretical dimension towards practical application in the field of jurisprudence. Consequently, it provides the science of usul with greater clarity and significance, while revealing the sources of disagreement in the differences that occur between earlier and contemporary jurists within the Shaf'i school and other schools of Islamic jurisprudence. The findings indicate that Imam Shihab al-Din al-Ramli bases his juridical opinions on strong, well-established evidence, grounding them in usul principles that align with either the established principles of the Shāfiʿī school or the consensus of the majority of Islamic scholars.

This research aims to explain the ruling on the custody of a mother married to a non- relative of a child from two perspectives: the perspective of Islamic jurisprudence and the perspective of Islamic family law in the state of Terengganu. The researcher reviewed legal materials related to maternal custody and analysed the issues associated with them. The family may face various problems, resulting in conflict between spouses that negatively affects its stability, resulting in family disintegration. This impact extends to the interests of the children and matters related to alimony and custody. A dispute arose between the parents over their rights to custody of the children. A mother who holds legal custody of her children may refuse to marry a non- relative of the child because she fears of losing her right to custody of her children, but the Islamic Family Law of the State of Terengganu decided that her right does not lapse simply by marriage. This research will highlight the validity of Islamic Family Law to confront problems between parents in claiming the right to custody of children. The researcher employed both the inductive and analytical approaches by examining and analysing the relevant material on maternal custody in jurisprudential books, and by consulting the opinions of scholars. The researcher also analyzed cases related to maternal custody in the Sharia Court in Terengganu. This research has reached results, perhaps the most important of which is that the right of custody of the children remains for the mother married to a non- relative of a child in custody if it does not affect the welfare of the child in order to preserve the welfare of all parties due to the existence of the relationship between their welfares. This is in accordance with the regulations prescribed by Islamic law.

This research aims to study the laws of WAQF (endowment) in Qatar and their structural and internal systems, since its institutionalization in Qatar and the development of its legalization and its regulating texts in the light of the sayings of the jurists. It discusses some of the challenges faced by the administration from the legal and administrative standpoint, evaluates them through maqasid Sharia showed by the organizational and administrative reality of the Qatari waqf regulations and laws. It also discusses the most important issues from the administrative and legal standpoint through information related to management systems, gathers the opinions of the jurists from their traditional and modern sources and justifies their evidence, then analyzes and discusses it from the legal and administrative point of view to reach its purpose. The most prominent issues that the research addresses are the waqf systems in Qatar in terms of administrative independence, its monitoring, and commitment. The research is, therefore, divided into five chapters. The first is an introduction. The second explains the concept of waqf and its most prominent rules from juristic and maqasid viewpoint. The third investigates the reality of waqf in Qatar from the organizational point of view, and the most prominent stages and changes that its administration went through in since its inception. The fourth examines the challenges facing the waqf in Qatar, such as its independence, monitoring, commitment and the future of family endowment. As for the last chapter, it deals with ways to develop waqf systems through contemporary experiences and methods, such as Western systems like the Islamic endowment system, and the application of governance rules for structural systems and internal regulations for the Qatari endowment administration. The research concludes that the waqf is open to everything that would lead to its development and growth as long as it is in its interest and consistent with the principles and rules of Sharia which are established by the jurists of Islam. This includes benefiting from the diversity of Western charitable formulas and their intensity in regulatory laws, and the application of governance rules to systems structure and internal regulations, exposing to Islamic experiences that have been influenced by modern administrative systems and methods, such as the Kuwaiti experience, and exchanging experiences with it.

The principle of sadd al-dhara’i‘ (blocking the means) holds great importance in Islamic jurisprudence. It is considered an example of uniqueness of Islamic Shari‘ah in terms of its moderation, comprehensiveness, and inclusion of all aspects of life. On the one hand, this principle plays a decisive role in preventing exaggeration in religion (ghulu fī al-din), and on the other, it closes the door to leniency and concessions in legal rulings that leads to committing the forbidden acts. This study aims to explore the concept of sadd al-dhara’i‘, its types, its constituents, and its validity according to scholars of uṣūl al-fiqh, and then to explain its relationship with exaggeration in religion which results in crossing the limits of moderation in applying Islamic law, as well as its effects in preventing the exaggeration in religion. On the practical side, the researcher presents contemporary jurisprudential applications of the effects of sadd al-dhara’i‘ in preventing exaggeration in religion within the scope of matters of worship. The researcher adopted the descriptive approach to describe the research problem, its significance, methodology, literature review, and the points of similarity and difference with this study. Then, through inductive approach, the researcher extracted and traced Sharī‘ah texts related to the research topic in the sources of fiqh and uṣūl al-fiqh and other academic sources. Next, the researcher used the analytical approach to analyze those texts in the light of the objectives of Shari‘ah and to extract jurisprudential applications for the relationship of sadd al-dhara’i‘ with exaggeration in matters of worship, such as matters of purification, prayer, fasting, zakat, Hajj, and so on. The researcher concluded that misusing the principle of sadd al-dhara’i‘ leads to exaggeration in religion, whereas negligence in implementing it leads to falling into the forbidden.

Security is considered to be an important factor in maintaining money. A successful bank is that which is able to plan and formulate its policies in a way that ensures and develops them in an incremental way. So, the issue of "Financial Security Policy" is considered one that deserves consideration and research. The study highlighted the Palestinian banks, and the Islamic ones in particular, which are all operating under the Israeli occupation. This is to form an introduction so as to show the difficulties and obstacles, on the one hand, and to show the importance of the study, with regard to the financial security policy of the Islamic banks, on the other . With reference to the core discussion, the study introduced the concept of "Financial Security" as a new concept derived by the researcher from various concepts such as "Economic Security", "Food Security". Then the study discussed the term "Policy" and traced its legislative roots, the concept of "Security", and the reciprocal relationship between both concepts. The study also showed the importance of Policy in realizing security, and the jurists' views on "Legislative Policy". The study focused on three main factors as the basis for any successful policy to realize security. These are: the "Human Capital", or what is called the "Human Resource" which includes "Employees and the Members of Legislative Supervision". The second factor is "Capital", especially that which is related to guarantee "al-9aman", "Liquidity" and procedures of improving it, taking into consideration the current situation in Palestine, and the possibility of applying the suggestions. The third factor is "Investment" which focuses on two models: the first is "joint-stock companies" and the second is "hire purchase" according to a suggested formula different from the traditional one. The study showed the importance of each issue in realizing Financial Security and the actual situation of the Islamic Banks connected to it. The study provided recommendations that might support, or help the Islamic banks in their policies to realize security, such as proper training of the employees and use of proper criteria in choosing supervisory board members, in addition of developing a good system of guaranteeing capital, benefit (al-rib}:i), and liquidity. The study also concluded that there is a need for proper mechanism to develop the investment instruments and promotion policies. The methodology used in this study is descriptive, analytical and comparative, which is necessary in this type of research.

Women have been deprived of their rights to inherit throughout history in various civilizations until the dawn of Islam, where women were given their rightful share to inherit by Allah the Almighty. This dissertation acknowledges that some of Indian Muslim women are still underprivileged from their basic right to inherit due to the customs and norms of society. Nevertheless, there has been a lack of references related to these customs. Moreover, there has been another aspect covered in this study, which is connected to the misconception that states that Islam has not done justice to women in inheritance, as their portion is half of what men get. This dissertation attempts to highlight the inheritance in Islam and other civilizations and evaluate the customs of inheritance of Muslim women in Bhopal, India, and their causes and effects. This study follows four methodologies: inductive method, as it is used for extracting inheritance information; analytical method, which includes analysis of the causes and impacts of the customs; comparative method, as there is the comparison between what Islamic jurisprudence states regarding inheritance and what are the customs followed by some Indian Muslims in the city of Bhopal, India. At the same time, there is a field study where the researcher conducted interviews in Bhopal, the capital city of Madhya Pradesh, with ten Muslim scholars and ten women who were deprived of their right to inherit. Furthermore, the findings show that Muslim women of India, especially women of Bhopal, are prevented from their rights to inheritance mainly due to a lack of Islamic knowledge, following Hindu customs as per considering the dowry as inheritance for women. This prevention has negative effects socially, financially, psychologically, and, most importantly, religiously. These customs of inheritance and their causes are considered invalid because they contradict the Sharīʽah texts and rulings.