Application of Tawarruq in Islamic Banking in Malaysia: Towards Smart Tawarruq

Author(s): Muhammad Faruq Roslan,Omar Bamahriz,Aishath Muneeza,JinZi Chu,Zakariya Mustapha,Mohamad Zabidi Ahmad / Language(s): English Issue: 2/2020

The objective of the paper is to discuss the application of tawarruq in Islamic banking generally. The modus operandi of tawarruq in Islamic banking is an essential discussion in jurisdiction like Malaysia, where most Islamic banks use tawarruq to structure Islamic banking products. This paper employs a systematic literature review on best practice models and mechanism of current tawarruq application. The outcome of the research helps to understand the modus operandi of tawarruq transactions practically with a view towards understanding its future prospects in the era of Fintech. It is envisaged that this research will assist the growing understanding of the existing application of tawarruq in Islamic banking as well as its future development using technology.

Towards Developing Standards for the Zakat Administration in the Republic of Sudan

Author(s): Mahmoud Ghalib Elmaghrabi,Mustafa Omar Mohammed,Muhammad Tahir Jan / Language(s): English Issue: 2/2020

Zakat has a long history of helping poor and disadvantaged groups. However, Zakat institutions face numerous challenges in achieving their socio-economic objective: equitable distribution of resources. The aim of this study is to highlight the challenges hindering managerial efficiency in contemporary Zakat institutions as well as identify ways to improve managerial efficiency. Focusing the case on Sudan, this paper identifies the constraints facing the Zakat institution, from the macro perspective as well as from the managerial viewpoint. By using secondary sources, this paper found that inefficiencies such as ineffective collection and distribution, lack of coordination and mismanagement are some of the impediments causing inefficiency of Zakat collection and distribution. Furthermore, the paper suggests that standards constitute an instrument for the Zakat intuition to manage and enhance its efficiency as well as having the ability to guide Zakat in the right direction.

Law and Identity of the Druze Community in Mount Lebanon in the Late Ottoman Period

Author(s): Tuba Yıldız / Language(s): English Issue: 1/2020

The Druze were a community outside the Ottoman-Sunni ideology, both in terms of rhetoric and legal principles. However, the Druze leaders had been the administrative representatives of the state in Mount Lebanon until the beginning of the 19th century and managed to hold the political authority. In addition, the Druze, who protected their traditional law had acquired the different identity in the “Nation System” -Millet Sistemi- of the Ottoman State. However the introduction of Tanzimat reforms in Mount Lebanon caused the Druze to go beyond the political paradigms in their identity definitions. Acting to complete its Ottoman identity with Islamic terminology, the community started to use their legal status as a legitimacy tool and tried to gain a legal place in the face of the state’s changing reformist stance. This study examines the views of the Druze of Mount Lebanon on the identity problem that emerged in the last period of the Ottoman State and examines the measures taken by the community against the legitimacy concerns and the state’s policy. In this context, the legal differences of the community were mentioned by giving some examples of Druze cases in their sources and in the Ottoman archive. In addition, the effect of the method followed by the state in sectarian politics on Druze was analyzed.

PIRNAMA ČIFČIJA

Author(s): Azra Gadžo-Kasumović / Language(s): Bosnian Issue: 47-48/1999

Studying the documents contained in the Gazi Husrev-bey’s Library, the author has found Čifči Pirnama, written in 1235, i.e. 1819. Pirnama, as a document is some sort of a written statute of a craft-guild organization. So far such a document has never been found in this country, neither it has been recorded in the legal (sheriat) protocol books - sijils, even though the Pirnama contains clear note that it was made with the approval of sheriat court. The Pirnama in question is most probably related to Tešanj region (shown. by numerous remarks written on the back of the document), that had Tešanj has 19 registered tabaks (leather-workers) in the early 17th century. Since 16th century, tabaks were organized in numerous craft-guild organizations, and they probably had a great input in creation of craft-guild organization of čifčis (landless laborers) The Pirnama is signed by patron Pir Ahi Baba Evren Ibn Abbas Ekber, famous character, who, according to the quotation from Futuvvetnama by Muhammed Abu Bakr, transcribed by Ahmed b. Bajezid, in 1001/1592, runs a chain of tabaks and food-producer shops. Es-Sejjid'Seih Omer, representative of the Kiršehir teki, and representative of Ahi Baba Evren, had visited tabak trades in Ottoman Empire regularly. As tabak is a trade that is ran together with other corresponding activity, it was ran together with food production. According to the mentioned futuvvetnama, Hazreti Alija put on a belt to Ahi Baba Evren as the twelfth person and Pir of tabaks and food producers. Undersigned representative of Ahi Evren handover the Pirnama to the captain-bey čifčibasha, whose ancestors were čifčibashas, with the obligation to explain the sense and meaning of pirnama to all the čifčis.

HRIŠĆANSKO ZADUZBINARSTVO U PERIODU OSMANSKE UPRAVE

Author(s): Olga Zirojević / Language(s): Serbian Issue: 46/1997

Islamic law, with certain limitations, allows Jews and Christians to found endowments (waqfs) under the rules of their religions and before their religious representatives. In the relations between the Ottomans and non-Muslims (the so-called zimiye or wards) Shari’a was the main but not sole legal source: there was also Kanun (provisions with force of law), Urf ( settled practice of the supreme administration) and Adet (common law in the broadest sense of the word). Finally, religious issues were also adjusted to the State interests (the so-called Millet System). As for the categories of ownership over land, a customary classification was miri, mulk and waqf (endowment) lands, which also related to the monastic land. But, this land was mostly included in the State ownership (miri), with only its smaller part as full ownership (mulk) to be disposed of freely, i.e. it had a status of waqf and was extra commercium.

Dobrotovorni rad u islamskoj jurisprudenciji

Author(s): Senad Ćeman / Language(s): Bosnian Issue: 13/2020

Islamic teaching defines charity work as an act motivated by devotion to God when such devotion is based on voluntariness and to gain God’s reward. Charitable work is basically not obligatory; even if it does not seem to appear as such, it bears no responsibility. Charitable work in Islam has generated over time numerous governmental and non-governmental institutions through which individuals have helped society in an institutionalized and organized manner, and which has been a partner of the state in the field of education, health, recreation, etc. In its broad opus, Islamic jurisprudence has given a significant place to the topic of charity work.

DVIJE BEOGRADSKE VAKUFNAME IZ 16. I 18. STOLJEĆA – PRILOG IZUČAVANJU BEOGRADSKIH VAKUFA

Author(s): Hamza Lavić / Language(s): Bosnian Issue: 41/2020

This paper examines two waqfnamas (endowment legal document; deed of endowment) which date back to the 16th and the 18th century, and they refer to the waqfs (endowments) in Belgrade. Haji Osman, son of Husein, endowed the sum of 8200 akca (silver coins) by the waqfnama from 1566, and the income, which was earned from doing the business with that money, was intended for the purpose of maintaining the mosque in Zaynuddin-aga’s Mahala (mahala: a city quarter) in Belgrade and the reading of the Qur’an for the soul of the waqif (endower) on a regular basis. The second waqfnama, which established the waqf of Defterdar Ahmed Kamil-efendija, was written in 1741. This benefactor from Belgrade built, or to be more precise, restored the three mosques in Belgrade: Defterdar’s Mosque, the Tugdži Mosque and the mosque in the Požarevac qadiluk (the jurisdictional district of a qadi). For the upkeep of these mosques, but also for other charitable purposes, he endowed a hān (an inn providing accommodation, food, and drink, especially for travellers), a watermill, a vineyard, and a large number of properties such as residential buildings, shops and land.

MARRIAGE ACROSS BOUNDARIES: MIXED MARRIAGES AT THE SUPREME SHARIA COURT IN HABSBURG BOSNIA AND HERZEGOVINA

Author(s): Ninja Bumann / Language(s): English Issue: 19/2020

The article examines the regulation and negotiation of mixed marriages, that is marriages between persons of different religions, at Sharia courts in Bosnia and Herzegovina under Austro-Hungarian rule. Based on the analysis of documents from the Supreme Sharia court, an appeal body installed by the new Habsburg administration in 1879, this article investigates how the limitation of the competence of Sharia courts led to misunderstandings and disputes regarding the solemnization of mixed marriages. The text illustrates that mixed couples did not only transcend religious boundaries but also crossed institutional and legal, as well as social, constraints. In general, Sharia courts were banned from registering mixed marriages, which often led to strategic conversions or concubinage. While the state authorities increasingly regulated conversions and, thus, not everyone was allowed to adopt Islam, also mixed couples living in concubinage often faced legal problems around the religious affiliation and the legal custody of their children born out of wedlock. In 1912, however, the legal situation changed when a specific regulation by the Provincial Government allowed for the solemnization of mixed marriages by a kadi. However, as will be demonstrated in the article, this did not directly lead to a greater acceptance of mixed marriages by society.

الفتوى الشرعية وأهميتها في المحافظة على الهوية الحضارية لمسلمي دول جنوب شرق أوربا

البوسنة والهرسك نموذجا

Author(s): Junus Al-Azuzi / Language(s): Arabic Issue: 23/2019

Geographically, Bosnia and Herzegovina is part of Eastern Europe, while in a historical and religious sense, it has been associated with the Islamic world since the Ottoman conquest of this region during the 15th century. It is inhabited by Bosniaks, Serbs, Croats, Albanians, Turks, Romanies and others. Throughout its history, from the Austro-Hungarian monarchy, through communist Yugoslavia, to Serbo-Croatian ambitions in the last war, Bosnia and Herzegovina has been exposed to a number of disasters, most of which were related to wars and aggressions. These have caused Muslims living in Bosnia and Herzegovina to be repeatedly cut off from their brothers in other countries, to be prevented from performing religious practices and establishing religious education, and to live divided among nationalities and forces constantly seeking their subjugation and disappearance. Therefore, Muslims in these areas needed a clear legal sharia solution (fatwa) that would facilitate their social, religious, political and military life and protect them from the iron grip of their enemies. Thus, several fatwas have appeared known by the names of those who issued them, (...)

PROBLEM MJEŠOVITIH BRAKOVA U BOSNI I HERCEGOVINI U PERIODU 1930. - 1940: TUMAČENJE I PRAKSA ŠERIJATSKIH SUDOVA

Author(s): Enes Ljevaković / Language(s): Bosnian Issue: 18/2014

Review of: Enes Ljevaković - Dr. Mustafa Hasani: Tumačenje i primjena šerijatskog prava o mješovitim brakovima u Bosni i Hercegovini od 1930. do 1940. godine, Fakultet islamskih nauka u Sarajevu i El-Kalem, Sarajevo, 2014., 362 strane, tvrdi povez

IKBAL: ISLAM JE DRŽAVNI POREDAK

Author(s): Enes Durmišević / Language(s): Bosnian Issue: 17/2013

Mohammed Iqbal “spiritual father” of Pakistan, philosopher, political thinker, reformer and lawyer, is one of the most important Muslim figures of the first half of the twentieth century. Educated in both East and West, understanding and writing the two “big” Western (English and German) and two “large” Eastern (Urdu and Persian) languages and cultures well established in these languages , he has, with the casual ease and great poetic talent, sailed endless arches of these great cultures. He was fully convinced that Islam is non-dogmatic and that it is the moral and spiritual foundation and the dynamics of society and the individual. He considered Western philosophy inferior in comparison to the legacy of Islam, as he emphasized that the source of his ideas was the Qur’an and the rich heritage of the Muslim Sufis and thinkers. Iqbal believes that political activity is the expression of Islamic spirituality and that it stands opposite to Christian separation of church and state. Islam “needs” state and stability and welfare of the country and its economic effects are the essence of the faith, because the economies of the Ummah and its well-being of is the essence of Islam, such as the Islamic spirituality is unthinkable without a fair economic activity.

IDEJA RAZVOJA U OBNOVITELJSKOJ MISLI MUHAMMEDA IKBALA

Author(s): Amra Bilajac / Language(s): Bosnian Issue: 17/2013

Muhammad Iqbal (1877-1938) is a contemporary Muslim poet and thinker of the Indo-Pakistan subcontinent who has dedicated his life to the matters of spiritual and political renewal of Islamic civilization in the world. He has enlightened the pure spiritual message of Islam and provided it as a source of social and political liberation of Muslim peoples. The progress of the Muslim world he primarily has seen in the so-called new ijtihad, independent interpretation of the main sources of Islam as a form of a new construction of practical norms of the global community of Muslims. He urges religious leaders to redefine or look at the true definition of ijtihad which is an ongoing process that determines (according to his book Reconstruction of religious thought in Islam): the principle of dynamism, an opinion or legal decisions and the ultimate authority in passing legislation.

POBAČAJ I DRUGI NAČINI PREKIDA LJUDSKOG ŽIVOTA U SVJETLU CILJEVA ŠERIJATA

Author(s): Enes Ljevaković / Language(s): Bosnian Issue: 16/2012

Bosnia and Herzegovina in the last few decades faces the problem of so-called "white plague", i.e. the problem of poor demographic population growth. There are several causes of this negative trend when it comes to population growth, and one of them is the increase in the number of abortions. Modern states have different laws and regulations on abortions, ranging from absolute prohibition of abortion with the possibility of exercise it only for the purpose to protect pregnant women, through its legalization in clearly defined cases to the broad set of options for performing an abortion on request of the pregnant woman and finally to complete legalization of abortion. Our legislative as well as the majority of European legislations in principle allow an abortion, but at the same time restrict certain conditions.

IMAM EŠ-ŠATIBI I NJEGOVO RAZUMIJEVANJE CILJEVA ŠERIJATA

Author(s): Enes Ljevaković / Language(s): Bosnian Issue: 15/2011

Imam al-Shatibi is one of the most important and most outstanding personalities of Muslim Spain. He lived at the time of defence of the last Muslim stronghold in Andalus - Granada - from the enemy who surrounded it from all sides. His name and work came into focus of contemporary fiqh and usul al-fiqh researches in the context of their increasing interest in his understanding and elaboration of the objectives of Shari'ah...

IBN MADA' - ZAGOVORNIK POJEDNOSTAVLJENJA ARAPSKE GRAMATIKE U ENDELUSU

Author(s): Zehra Alispahić / Language(s): Bosnian Issue: 15/2011

Meeting of the Arabic language and Arabic linguistics with a region of Europe began in the 7th century A.D. For the eight centuries (from 711 to 1492), while the Arabs ruled Spain, Arabic was the language of administration, speech and literary language of all Arabs, and the local people showed their sympathy for this language.

16. Yüzyıl Osmanlısında Kur’ân Okuma Karşılığı Ücret Alma Tartışmaları: Birgivî Zeyrekzâde Örneği

Author(s): Abdullah Kavalcıoğlu / Language(s): Turkish Issue: 54/2020

One type of the pious foundations which subsisted from the fifteenth century until the collapse of the empire in the Ottoman Empire, which is described as a civilisation of foundation, is the money foundations. Among these money foundations, there are foundations established for the recitation of Qur’an. These foundations, like the others, had subsisted till the collapse of the Ottoman Empire, but discussions about them continued. One of the works which discusses the recitation of Qur'ān for a fee is the epistle named as “İnkāzü’l-hâlikîn” written by Birgivī Mehmed Efendī (d. 1573). He alleges in this epistle, which is well known among the modern researchers and about which there are some studies, that the recitation of Qur’an for a fee is not licit. This epistle is not only discussed today, but at the time it was written it had been discussed among the scholars. For example, Zeyrekzāda Emrullah al-Husaynī had written a refutation titled as “Risala fi cavazi akhzi’l-ucrati li-qıraati’l-Qur’an” against the epistle of Birgivi. Also, this is very rare work that discussed widely with the proofs that the recitation of Qur'ān is licit. In this article, the views of two authors will be treated comparatively only in terms of common points. The aim of this study is to discuss the juridical issue which has a social aspect from the view of two authors that have different approaches.

The Privileges and Immunities of Diplomatic Envoys Under International Law

Author(s): Abdul-Rauf Mahmoud Abba,Sadiq Muhammad Safiyanu / Language(s): English Issue: 19/2020

The concept of diplomatic immunity is an ancient idea based on a mutual understanding between different societies. The idea that a society could send a person on their behalf to negotiate and argue for their cause has been a vital tool in the history of international relations. Since the beginning of civilization, states have recognized and upheld the sanctity of ambassadors, especially as regards the personal freedom and safety of envoys. Although there have been tremendous changes in the way nations interact with each other, the basic functions of diplomacy and their machinery have not changed. Indeed, the central features of diplomatic institutions have survived the fundamental shifts in the order and structure of international politics such as the surge of nationalism and democracy and the incorporation of non-European countries in the international system. Although the notion of diplomatic immunity has been continually adhered to by nations predating the codification of diplomatic law, increased globalization and inter-dependency between states has led to the development of customary International Law which has subsequently been codified to ensure that diplomatic immunity is held sacred till the end of times. In an attempt to properly understand and appreciate the broader concept of International Law, some of the most important privileges and immunities being enjoyed by diplomatic envoys are highlighted and discussed in this work.

Religious slaughter of animals in light of the EU and in the Polish law

Author(s): Agnieszka Skóra / Language(s): English Issue: 43/2019

Summing up the considerations, it should be stated that nowadays the problems of religious slaughter form a platform on which important values protected by international, European and the Polish legal order clash. These include ensuring the welfare of animals and allowing the slaughter and killing only in a humane manner, the protection of religious freedom by enabling participation in traditional rites and consumption of particular types of meat and the protection of economic values by ensuring the use of economic freedom by food producers. The assessment of religious slaughter therefore depends on the adopted system of values. At the same time, it should be noted that today’s slaughter is carried out with respect for animal welfare and is only allowed if the conditions laid down in European law and – harmonized with it – national law are met. Due to globalist tendencies and the settlement of Islam and Judaism in Europe, it is rather difficult to imagine a universal and uniform ban on slaughter in all EU countries.

Odwołania do chrześcijaństwa w konstytucjach współczesnych państw

Author(s): Grzegorz Maroń,Piotr Steczkowski / Language(s): Polish Issue: 24/2021

The present paper offers a quantitative and qualitative analysis of constitutional references to Christianity. An examination of binding basic laws of individual states allowed the authors to determine the scale of references to Christianity and to systematize and typologize these references. As assumed in the study, “references to Christianity” include both direct mentions of Christian principles, values or heritage as well as implicit ones, i.e., references to God understood in accordance with monotheistic Trinitarianism and to individual Christian denominations, their followers and churches. Due to the fact that Christianity not only has a religious, but also a historical and cultural dimension, its references in the constitutions, in principle, do not deny the ideological impartiality of public authorities or lead to confessionalisation of the state. Neither do they violate the rights of followers of other religions and non-believers. It is an exaggeration to perceive constitutional references to Christianity by non-Christians as allegedly socially alienating and excluding. The constitutional legislator deciding to distinguish Christianity in a constitution is expected to be guided by the will of the sovereign. However, incorporating references to Christianity into basic laws should not serve as a tool of social engineering for proselytic purposes.

Fetvâhânenin Son Yıllarındaki Fetvâ Faaliyeti ve Müftâ-bih Olan Görüşün Devlet Başkanı İrâdesiyle Değişimi - 378 Numaralı Fetvâḫâne-i ʿÂlî Ecvibe-i Şerʿiyye Defteri Çerçevesinde-

Author(s): Emine Arslan / Language(s): Turkish Issue: 3/2021

The Fatwā-house, which was within the body of Meshihat in the Ottoman Empire, gave answers to the questions posed to it by focusing on the Hanafi sect and the preferred fatwās of this sect for centuries. These questions and answers were also duly recorded. In this study, based on The Record for the Legal Responses of the Supreme Fatwā Office, which is registered at records numbered 378 in the Meshihat Archive of the Istanbul Mufti, one of the records containing the answers given by the institution. It is an attempt to create an imagination about the scope and sphere of influence of the fatwā activity in the last period of the Ottoman Empire. Accordingly, in the last thirteen years of the state, Fatwā-house has been the addressee of questions from individuals, state and private institution directors, societies, ministries and the Grand Vizier. While some of these questions came from the provinces within the Ottoman borders or from the countries that had an administrative ties with the Ottoman Empire, some of them were submitted to the Fatwā-house by the Muslims of other states from the lost lands or simply because the caliphate center was the official fatwā organ. At the records, there is also a record of the questions coming from muslims who are Ottoman citizens but residing in other countries. Looking at the subjects, it was determined that most of the questions were asked about foundations. In addition, the permissibility of obtaining interest by bank facility or depositing money in the bank, the establishment of modern schools and whether the ways to create resources for these schools are permissible, whether teaching in Latin letters is possible, the provision of life insurance, the importance of cleanliness in the fight against cholera, the fight against innovations (bidʻas) in mosques. It is seen that questions on different issues, from issues such as whether the wife of the lost (mafqud) can be separated by the judge or not; to the issues of whether the fulfillment of judgment can be regarded as the end of the judgment or not. As it is mentioned in some fatwā records at the record book, it is obligatory to decide on fatwā and its fulfillment in the Ottoman Empire with the most authentic and preferred view of the Hanafi sect. The last two fatwā questions mentioned above are handled as examples of giving up the act with the will of the head of state, with the preferred fatwâs discussed in this article. It is only possible with the will of the head of state to make a decision with an opinion other than preferred fatwâ or an other opinion out of the sect. According to the first example, some of those of the citizens of other states outside the Ottoman Empire came to the Ottoman lands for reasons like trade etc. and married to Muslim women there and then left them suffering. This was also true for the wives of men who went to wars and did not return. Although the drawbacks of the Hanafi sect's preferred view, that one should wait until the age of ninety, one hundred, one hundred and twenty, or until the death of their peers, were resolved by appointing a regent from other sects, continuity could not be ensured in this practice either, finding people has not always been possible. For this reason, in the time of Shaykh al-Islam Hayri Efendi, a statement of change was prepared and submitted to the will of the sultan. In the issue of whether the signature of the head of state can be counted as the end of the judgment, another subject in which the will of the head of state is applied, the stages of abandoning the preferred view can be followed much more clearly. In the case of the dismissal of the judge or the expiration of the term of office before the execution of the judgment, especially in the distant provinces of the state, in the case of the judge's dismissal or the expiration of his term, according to the preferred view of the sect, which was based on juristic discretion, the closure of the cases took many years. It is seen that the judgment reached by analogy was submitted to the will of the sultan, with an article added to the script regarding the prepared procedure of reasoning, although there is no preferred view since it is the most suitable opinion for the interests of the people and the necessities of the century due to the increase in complaints. Effective from the time it was approved by the head of state, the execution of the sentence is no longer a requirement for the trial to be completed. The changes in the provisions of these matters also show that, although it was important for the Ottoman State to comply with the preferred view of the Hanafi sect - as in the previous Shaykh al-Islams' fatwās in the form of ma'ruzat - it was considered more necessary to look after the interests of the Muslims and different opinions were enacted and put into practice.