Print ISSN: 2204-1990

Online ISSN: 1323-6903

Keywords : Maslahah


Waqf Property Management Through the Maqasid Al-Shariah Approach

WAN NAZJMI MOHAMED FISOL; MARINA ABU BAKAR; AKLI AHMAD

Journal of Contemporary Issues in Business and Government, 2021, Volume 27, Issue 3, Pages 28-31
DOI: 10.47750/cibg.2021.27.03.004

Waqf is an important instrument in a country’s economic system as it ensures that the socio-economic development can be achieved more effectively. However, there are several issues that hinder the management and development process of waqf land for the purpose of socio-economic development of ummah. These happened because of the existence of several conditions set by the donor (waqif) of waqf properties. Therefore, this study is conducted to identify the views of Shariah scnorholars from the aspect of changing the conditions of waqf made by the donor (waqif) through the approach of Maqasid Shariah namely “Tasarruful Imami ‘Ala al-Ra'iyyati Manuthun bi al-Maṣlaḥah”. In Malaysia, State Islamic Religious Council (SIRC) is responsible in managing and administering the development of waqf properties in each state. In order to achieve a holistic devolopment, it is vital to look at the broader maslahah (benefits) and needs involved in waqf properties. This study applies qualitative method and the data collection involves library research approach using references from Islamic jurisprudence classical books. The data is analysed using content analysis method. The results of the study found that method of changing the use of waqf property towards a more beneficial purpose is more accurate with the definition and principle of maqasid al-Shariah in obtaining the benefit and avoiding the harm (jalb al-Manfa‘ah wa daf‘ al-Madarrah). The findings are beneficial in helping the management and development of waqf properties and the socio-economic of society in Malaysia as a whole.

The Application Of Maslahah In Islamic Finance And Banking Products & Fatwa Resolutions In Malaysia

Marina Abu Bakar; Ahmad Khilmy Abdul Rahim; Che Zuina Ismail

Journal of Contemporary Issues in Business and Government, 2021, Volume 27, Issue 1, Pages 2793-2810

From time to time, maslahah is one of the sources of Islamic law that is often used after the death of Prophet Muhammad PBUH to develop Shariah principles in line with the needs and wants of human beings. In fact, this concept of maslahah is not something new as it was discussed previously by the classical and contemporary Muslim scholars. In addition, it becomes a key part that has been used in the determination of Shariah rules by Shariah advisors and experts in the matters that related to the benefits and needs of the people. The debate in general and the theory on this concept has laid a general basis and guide in applying it to current Islamic finance and banking issues. However, some scholars are on the opinion that the use of maslahahas a source of law today is found not to be fully comply with Shariah principles as outlined by the scholars of Islamic jurisprudence. Therefore, to maintain the resilience of Islamic financial and banking products, the standard criteria of maslahah must be determined and outlined wisely to avoid any future misuse of this concept pertaining to the Islamic law. Continuing from this issue, this study was conducted to analyze the application of maslahah in Islamic finance and banking and fatwa resolutions nowadays. Qualitative methods were used in this study with a library research approach. The collection of data includes sources of Islamic tradition such as classical and contemporary Islamic jurisprudence books. The process of analyzing the data is done using the content analysis method. The results of the study found that the concept of maslahah is primarily implemented in the context of Islamic finance and banking products and fatwa resolutions in Malaysia. Thus, it is also discovered that certain Islamic finance and banking products developed based on maslahah have fulfilled the maslahahstandard criteria stipulated by the Islamic law. This study is important in assisting the Shariah advisors and experts to determine the benchmark of maslahah concept that can be applied in Islamic finance and banking products and fatwa resolutions.