This paper discusses the expansion of the mosque of the Prophet in Madinah by Caliph 'Umar b. al-Khattāb. The paper concludes that the undertaking was in full consonance both with the spiritual benchmarks of the Islamic message and the emerging socio-cultural Traditions and norms of the nascent Muslim community. So significant was the expansion and at such a critical juncture in the Muslim history, that it set some high standards for the future development and nurturing of the spiritual as well as human dimensions in the sphere of Muslim architecture. The main discussion of the paper focuses on three vital dimensions of the Mosque expansion which proved significant for the early development of the authentic identity of Muslim architecture: the role of consultation and mutual agreements, which is tantamount to what is today called public participation in architecture; the significance and impact of the dynamic process of institutionalization of the mosque of the Prophet myriad religious, educational, social, cultural and political activities; and the austere, yet judicious, views of 'Umar b. al-Khattāb on architecture which, by and large, reverberated the core of the Islamic attitude towards the prospect of erecting buildings. The three dimensions are dealt with after the main physical features of the Mosque's expansion have been expounded. The paper also shows that so interwoven were the evolution of Muslim architectural identity and the community development processes in Islam, that successfully investigating the former without systematically referring to the latter can never be complete. Thus, the orb of Muslim architecture, both as a concept and sensory reality, should always be seen as a multidimensional, universal, fluid, vibrant, expressive and as much scientific, technological and applied, as spiritual, educational and ethical, phenomenon.
Contemporary Islamswissenschaft considers dating Traditions or Ahǎdïth as a key to uncovering the origins of Islam. These Traditions are a unique genre of historical documents which offer a view into the early history of Islam owing to the fact that their textual vehicle or isnǎd accompany the transmitted text or main. With reference to the unique manner in which the transmission history of these texts was also recorded along svith them by their collectors, contemporary western H adit h studies generally adopt one of the three types of methods for dating these Traditions: dating by matn as Joseph Schacht did, dating by isnǎd as GHA Juynboll did, and dating by isnǎd and matn simultaneously. The latter of these methods has its merit in that it recognizes the unique nature of Hadǐth mentioned above and the current paper focuses on its pioneer and primary proponent in today's western academia, Harald Motzki. Although he applies this method to different kinds of Traditions like the biographical, the legal and the exegetical ones, the current paper concerns itself with an instance of its application by Motzki on their latter kind.
It has been a rapidly emerging trend for companies to achieve a halal certification for their business processes. In this regard, halal warehousing plays a vital role in the company’s halal certification process. Therefore, this research aimed to identify motivating factors for the organizations to implement halal warehousing in Pakistan's food manufacturing and supply industry. The data for this study is gathered from the supply chain professionals working in the Pakistani food industries—a total of 142 valid responses received through a structured questionnaire. Structural Equation Modelling (SEM) is used to analyze the data. This study reveals that all the variables of Technology, Organization, and Environment (TOE) have a significant impact on halal warehousing. In the organizational context, top management support plays an essential role in halal warehousing implementation. The findings of the study may assist halal food manufacturing and raw material providers to implement halal warehousing in their businesses. Furthermore, governmental support for the implementation of halal warehousing is vital.
The paper traces the concept of Alternative Dispute Resolution (ADR) in the Shari'ah and law in genera!. The details of various modes of ADR (Arbitration, Mediation, Conciliation Negotiation, TalikJm and Sulh) have been left aside, owing to the fact of concentration on the issue under investigation. In this work, focus, therefore, remains on ADR's meaning, evolution, legal status, need and significance in both systems; with minute details. It also discusses the origin of ADR in the modern law, the various stages through which it has been passed, the era of invention of the phrase 'ADR1 and the advantages of this mechanism of dispute resolution, both for the state and individual/individuals. As a complementary requirement, Pakistani Legal System has also been analyzed profoundly in the ADR perspective. It also discovers the similitude of term 'ADR' in the Shari'ah. A comprehensive tabulated comparison between ADR and formal litigation is made in the present work, followed by a comprehensive conclusion of the issue under investigation. In addition, content analysis technique of qualitative research method has been used for the critical analysis of the secondary data, available on the concept of ADR and i TahkTm, both in the conventional and Islamic law respectively.
The role of farmers is indispensable for the accomplishment of various human needs. Among these, food is the most significant and crucial one for the survival of human society. But instead of this great importance, farming community always faces financial problems to fulfil their agricultural requirements, both for crop and non-crop activities. The Pakistani farmers face harsh economic realities. Avoiding interest at all costs, as advised in Islam, they do not want to secure any such financing facility whether formal or informal. Being a complete'code of life, Islam suggests alternate ways through the application of various modes of Islamic finance. Among these Ijārah (leasing) is one. The present work discusses the theoretical background of this mode, made available in the scholarly contribution of classical and contemporary Muslim jurists, followed by a viable model proposed for the provision of financing to the lower and middle class farmers. The empirical results make obvious that Ijārah can be effectively used for the development of agricultural sector, particularly its sub-sector of local farming that exists in rural areas of the Country. However, the basic principles, rules and regulations of the transaction, envisaged by Islamic finance, need to be adhered to in order to achieve the intended and anticipated objectives.
Agriculture is the most noteworthy source of food through which farmers augment food supply for themselves and others. Majority of these farmers in Pakistan, predominantly in the KPK, belong to the lower class and, as a result, are not in a position to bear out their basic agricultural wants. They borrow it, therefore, from various sources on interest basis including organizations, banks and other various financial institutions. However, these institutions offer loan facility on interest basis which is stringently prohibited by Shari'ah for a Muslim farmer. Being a complete code of life, Islam gifts, as alternate, a comprehensive way for farmers and Islamic banks to enter into various commercial trade based transactions, feasible and worthwhile for all the stake holders. These transactions can be divided into Murǎbahah, Salam, and Istisnǎ'. The theoretical part of the work is primarily based on qualitative research technique and, therefore, the theoretical part is entirely based on secondary data, derived from the work of Muslim scholars. A focussed group technique is used where the farmers and agricultural credit officers are interviewed regarding the proposed models. The testing of the proposed models proves that how the newly developed models are very much operable at ground level, having a potential to fulfil all farmers' basic agricultural needs, both for crop and non-crop activities.
This paper explores the socio-political and religious thoughts of Alija Izetbegović, a Bosnian intellectual-turned-politician and one of the Islamic thinkers in ex-Yugoslavia in the 20th century. It applies descriptive and analytical methods to examine the contributions of Izetbegović in the socio-historical context, with particular reference to the Young Muslims movement. It studies the tribulations he endured due to persecution by the Communist Yugoslav authorities. Izetbegović's thought is a response to a twofold equally negative influence on Muslim intellectuals and leaders of the time – the traditionalists whose emphasis on rituals obstructed the reform and the modernists who blindly followed what Izetbegović considered un-Islamic sources. As a solution, Izetbegović advocated attaining personal freedom through education and establishing closer ties among Muslim countries from Indonesia to Morocco.
This paper reviews the history of Sumaniyyah doctrines in the Arabic-Islamic discourse. The author collates diverse materials on Sumaniyyah from various Arabic sources to analyze and characterize them. Beginning with the term's origin, Sumaniyyah's etymology, homony my and historical background are explored to clarify similarities and differences between what was called Sumaniyyah and Buddhism. The methodology used is qualitative description and content analysis with a focus on what early Muslim scholars wrote on Sumaniyyah until the 13th century of hijrah. The writers, highlight key doctrines including the transmigration of soul, idol worship, concepts of universe and creation, the belief in prophecy, the belief in the world's eternal nature, and limitations on certain types of knowledge.
To begin with, when I started working on this study, it was not my intention to study it in depth; it was only confined to the date of birth of the Prophet MuÍammad ( ). But later on when I could avail an occasion to go through the biographical records of the Prophet ( ), and met with the considerable varying statements of the Muslim, as well as, the oriental scholars in respect of the dates of the events, particularly, the corresponding Christian dates, and variant climatic conditions noticed on those dates are quite different to the actual climatic conditions as prevailed at that time. This very truth prompted me to study all the key-events of the Prophet’s life encompassing the time-span between 571 and 632 A.D.
Isra’iliyyat, or biblical reports undoubtedly play a key role in the interpretations of the Holy Qur’an. That is because Isra’iliyyat provide detailed information of the past Prophets (‘Alaihim As-Salam) in the Holy Qur’an. Since biblical reports can range from sound to weak and even baseless in strengths, the Quranic interpreters have diverse stance regarding their acceptance. The prime purpose of this study is to explore the stance of Sayyid Mawdudi towards biblical reports. Sayyid Mawdudi had a balanced approach to it. He did not reject it outright; nor did he accept it totally without examination. He remained extremely cautious in dealing with it. He clearly identifies the similarities and differences between the Holy Qur’an and the biblical reports; and in case of differences existing, decides on reports to be accepted. The study followed a textual analytical method to deal with the biblical reports quoted by Sayyid Mawdudi in his Tafsir. It also used the original biblical reports from the Bible’s New International Version, ‘Al-Kitab al-Muqaddas’ in Arabic, the Talmud and the Jewish Encyclopaedia to refer to the original sources of biblical reports and their own explanation of it. The study concluded that the biblical reports are indispensable parts of the interpretation of the Holy Qur’an. They should not be rejected outright, nor should they be accepted without thorough investigation. When compared to all contemporary and traditional scholars, it is found that Sayyid Mawdudi had an ideal stance towards biblical reports.
In order to ensure continued food supply to ever-growing populations, especially in developing and leastdeveloped countries, enough production of genetically modified (GM) agricultural produce is sine qua non. It is for this reason that agricultural biotechnology has been given priority and is getting all kinds of supportfrom the governments of developed and developing countries. But almost all living modified organisms (LMOs) and GM foods have their origin in Western countries, especially from multinational companies, significantlyMonsanto of the United States. These companies though are marketing their GM products both at national andinternational levels without giving due consideration to their safety aspects, especially to human consumption. Most of the biotech companies and scientists around the world, engaged with producing genetically modifiedorganisms (GMOs), living and their use as non-living, are motivated either by short-term monetary gains or toearn fame. Some of their errant researches are tainted with violation of ethics pertaining to science andtechnology. In order to ensure the safety to human, animal or plant life or health there are two internationallegal instruments supported with local laws made thereunder. Both of them resort to application ofprecautionary principle but to serve different purposes. But the zeal to promote international trade hasdominated the conservation of the biodiversity imperatives. Although Islam requires for all edibles to bepermissible (halāl) and good for human consumption (tayyib), accentuated in form of the precautionaryprinciple - which, enshrined in several international and national legal instruments, has to be observed byproducing and importing countries and which has to be environmentally friendly - but producing countries do not ensure the safety of biotech food. The precautionary principle has further been strengthened by various Sharī'ah principles. This paper demonstrates the ethical and islamic perspective of production and use of GMOs.
DNA testing of paternity represents the most celebrated achievement in the field of forensic technology to solve litigations on paternity in the Modern Legal Systems. Unlike the Western law of evidence, the question of adopting DNA test of paternity within traditional means of establishing paternity is a contentious issue among contemporary Muslim legal scholars. Some approve its restricted use, others advocate its complete adoption even to connect illegitimate children to the male party in an unlawful sex. An interesting development, however, is that on both sides of the discourse, it is agreed that DNA test can be used selectively to identify corpses during natural catastrophes and other emergency situations. In this context, an important issue with which jurists and lawyers grapple in Malaysia is the possibility of using istilhdq as the basis for solving the problem of illegitimate children born less than six months from date of marriage. As to whether DNA test can be another framework is a question which this paper endeavours to explore. In the pages which follow, we delineate the modern juristic debate over use of DNA test in determining paternity in general, and then its contextualization to the problem in Malaysia.
This study aims to explore the law of political buzzer actions from an Islamic law perspective and the negative impact of the existence of a political buzzer on the Muslim community in detail. It uses the literature review method to explain the concept of Political buzzer: Islamic law and its impact on Muslim society. The research employs Documentation technique for the purpose of data collection. For analysis, this study uses Content analysis technique which is described as a form of a narrative review by exploring topics related to political buzzers in Islamic law and its impact on Muslim society. After conducting in-depth research, the paper concludes that it is mubāh (legal) for a political buzzer to promote the ability, expertise of a candidate for leadership or a specific regional head. Meanwhile, the act of political buzzers who create and spread hoaxes, hate speech, and black campaigns are harām (unlawful) and strictly prohibited. The emergence of political buzzers negatively impacts the Muslim community because they often create content in hoax news, black campaigns, and slander against political opponents.
The National Waqf Body (BWI) and Ministry of Finance (MoF) have implemented a model called Cash Waqf Linked Sukuk (CWLS) and issued the Government of Indonesia Sukuk (Islamic securities) namely Sukuk Waqf Indonesia (SWI) in 2020. The intention behind applying CWLS model is to accelerate waqf as one of the Islamic social funds and particularly, to optimize the collection of cash waqf with Islamic securities to serve the public and at the same time to diversify the sovereign securities (Sukuk) in the Islamic financial market. Indeed, it is very crucial to assess the feasibility of the CWLS model as a new sovereign Sukuk instrument in the market despite its sharia compliant aspect. Especially, it needs to undergo a robust academic assessment such as formulation of the model, optimal level of each party such as the government, waqif, waqf management agencies (Nadzhir), etc . This is the objective and main motivation of the research. The paper will answer the following research questions: (i) What is the quantitative formula of SWI model especially SWI issuers and holders? What is the formula of the optimal impacts of SWI model, taking into account two types of waqif? Finally, what is the optimal formula for project financing, given the total cash waqf investment? Then, the paper technically constructs and develops the quantitative formulas of SWI instrument namely BWI, Ministry of Finance (MoF), waqf management agencies (Nadzhir), partners of Nadzhir and waqf investors (waqif). SWI formulation is derived based on SWI’s terms and conditions, cash flow, intentions of waqf investors and tenor of SWI. Later, the optimal impacts of SWI are measured by formulating the present and future values of waqf investment to assess the Net Present Value (NPV) and limit theories to find variables determining the optimal SWI impacts on the public via project financing taking into account two types of waqif namely temporary waqif and permanent waqif. Finally, the paper contributes to the academic assessment of CWLS model (SWI instrument) particularly, it identifies variables determining the optimal implementation of CWLS model which might benefit the waqf stakeholders.
Unprecedented advancement in medical technology and its rapidly growing field of allied sciences indisputably have contributed significantly to the treatment of diseases and even inborn defects. However, they challenge many traditionally cherished age-old conceptions about diseases, natural deformities and even end-of-life care. Victims of accidents and those suffering from irrecoverable chronic diseases are put in life-support in the intensive care of the hospital thereby creating a new kind of life and possibility for terminating such a life. Thus, modern means of dealing with end-of-life matters raise topical issues of bioethical import, such as euthanasia and brain death, for both the scholars of bioethics and jurists to speculate. In the Muslim world, juridical bodies and individual jurists have come hard on active euthanasia but by and large endorsing medical definition of brain death to be in consonance with Islam. This has led critics to question the legitimacy of such juridical pronouncements on larger ethical and metaphysical grounds and propose methodological framework to remedy the situation. This paper, therefore, by engaging with such a discourse argues for a holistic approach to meet the medical challenges of end-of-life care in line with both ethical and legal ethos of Islamic Sharī'ah.
Though the ritual of fasting is common to most of the known religious traditions, its practice and symbolic value may vary considerably. This paper aims at a comparative study into meaning and significance of this ritual with special reference to the three Semitic religions namely Judaism, Christianity, and Islam. Some interesting similarities and dissimilarities in this connection are noted. It is discerned that quite often fasting is observed in these religions to commemorate certain events of religious significance during specific days of the year. Moreover, feasts and festivals which occur before or after various fasting periods in the selected religious traditions remind us of the social significance of this ritual. However, sometimes fasting also signifies spontaneous individual expression of thankfulness to, or repentance before God. It is observed that fasting in these religions is envisioned to facilitate self-control, invoke mercy and sympathy for others, create the sense of bondage, establish and assert religious identities, and release the negative feelings like guilt consciousness. In the final analysis, it is maintained that as a form of asceticism fasting does not necessarily imply negation of body or society. Rather, by facilitating self-control and freedom from one's inner fears and other emotional weaknesses it can also lead to a deeper affirmation of the self and greater integration into the society.
The World knows Muslims and Jews as one of the bitter enemies of each other especially due to the ongoing clashes between Israel and Palestine, paid by thousands of innocent lives from both sides. Amid this hatred and violence many stories of coexistence and cooperation occurred but little known to both sides and the World. In this paper some of these stories and peace building initiatives are presented which could invoke the inspirations of love and compassion in the hearts of both sides and could be helpful in reducing the emotions of hatred and enmity. The readers will find unexpected behaviour of humanity and cooperation from both sides in contrast to what has been widely propagated that both cannot live together peacefully.
The term Turkish Model' becamc a catch phrase in the Western as well as the Muslim world following 9/11. During the Arab Spring, the idea was actively advocated by many in the West and the Middle East. Turkey as a modern Muslim democracy was actively promoted as a 'model' for the rest of the Muslim world. The land of Anatolia owing to its geographical location has served as a bridge across Islam and the West divide for centuries. The idea of the Turkish model is generally traced back to the late Ottoman era which was shaped by the impact of modern Europe on the Ottoman empire. The current study argues that in order to better understand the historical context of the idea of the Turkish model, the relationship between Islam, West and Anatolia prior to the advent of the modern age must be examined as European modernization itself has been largely shaped by the impact of the Muslim world on the West. The study presents an extensive historical overview of Islam and the West encounter, their confrontation, cooperation and the historical role of Anatolia as a melting pot of the two contending civilizations.
Recent scholarship on the practices of critique has unsettled the Eurocentric assumption that critique is something specific to and the hallmark of secular/Western societies. By implication, Muslim societies and their various religio-social trajectories by virtue of their location in traditional-religious environments are unable to develop critique. Based on Talal Asad's, Saba Mahmood's and others' deviant approaches that question the validity of the stated thesis, this research focuses on an empirical example of dissident voices within and around Mawdudi's ideology of political Islam (and Islamic state). The internal contestants challenged the internal logic, ideological premises of Mawdudi's thought. The paper focuses on numerous examples in the sub-continental Muslim intellectual tradition, wherein the dominant narrative of political Islam in the modern Muslim world was challenged by a number of scholars who were once close believers' in Mawdudi's ideology of Islamic revival. Methodologically, the paper analyses a number of key texts by Mawdudi and his internal critics within the framework of Talal Asad and Saba Mahmood.1.
Indonesia has become one of the countries facing serious criticism on the methods used in the implementation of Islamic law. The Government of Aceh is the only Indonesian province with the delegated authority to legally implement Islamic law. During the first period of establishment, the perpetrators were generally Muslim, but currently non-Muslims can also be potentially treated with Islamic law. For instance, in an Aceh case, a non-Muslim having profession as alcoholic-drinking dealer was punished by the Islamic criminal law. This expanded authority happened because of the judge's interpretations. In some cases, judges can decide whether a non-Muslim can be punished with Islamic law or with other laws. However, realizing not to be punished in some occasion non-Muslim shows off alcoholic-drinking publicly. This action has violated the feelings of the Muslim majority. This fact places the judges in a difficult position, they must enforce the principal of equality before the law, and also protect legal certainty.
In order to secure prisons and restrict criminal activities, the techniques of Strip Search and body cavity search are commonly employed in the contemporary world, particularly in the West. Specifically, in the American prisons it is adopted as a procedural method. This article will discuss the legality of this procedure in the Islamic as well as in the western law. Another type of this procedure is keeping the detainee undressed, whether he or she is detained for a little time period. The authorities in Pakistan and in the west unnecessarily behave with the inmates in this way as well. So in this research, strip search and keeping the inmates naked will be discussed side by side. However, even the nature of such a search method; indicates that its need should be limited to cases where there exists a possibility of smuggling prohibited objects, and where the efficiency of other search methods is poor. Moreover, along with the security of prison systems, the issue of protecting fundamental human rights of the prisoners is equally important. Therefore, to find and implement an alternative to the strip search method is very important.
Eclectism or lakhayyur denotes choosing opinions from different schools of thought within Islamic law. This concept is based on non-adherence to a single school. Although there is a huge debate over legitimacy of takhayyur among Muslim jurists but it is used as a tool by Muslim states to reform their family laws. This article will analyze takhayyur as a reform methodology as employed in Pakistan. It is suggested that despite debate over legitimacy of takhayyur in Islamic law it has been proved as a successful tool for reform. The laws made on the basis of takhayyur have been proved less controversial as compared to laws made on the basis of ijtihād.
The literature related to the Islamic finance is scarce and in most of the cases it is in theoretical form. Thus, there is a need to empirically determine the stock prices of Sharia compliant stocks. This thing encouraged current study to analyze the performance determinants of FTSE Bursa Malaysia Hijrah Shariah (FBMHS) index. To execute this process, this study selected the monthly time period from year 2001to 2016 and applied Ordinary Least Squares (OLS) technique. The most important finding of this study is FBMHS performance remained resilient against inflation rate. The positive impact of inflation on FBMHS index indicate that shariah compliant stocks provide safeguard to investor against inflation rate. In addition, increase in exchange rate proved to be detrimental for FBMHS index performance. Moreover, interest rate and Global Financial Crisis (GFC) 2007-09 did not affect the FBMHS index performance. In short, this study provides valuable and useful insight to investors, policy makers and managers with respect to behaviour of FBMHS Index by considering the overall economic environment of Malaysia.