Maqasid Shariah in islamic finance

My current study is about maqasid Shariah in Islamic finance. I feel interested in this field because it focuses on the philosophy behind the rules in Islam. Moreover, Maqasid Shariah plays important roles to make the rules in Islam down-to-earth.

In fact, all of the rules in Islam have their objective; securing the benefits for the mankind and preventing them against the harms. Specifically, every rule promotes the well-being of all mankind by safeguarding their faith, their life, their intellect, their lineage and their wealth. These are the basic concept of maqasid shariah (the objective of the religion) which is established through the Islamic primary sources, namely Quran and Hadith.

Focusing on Islamic finance, many scholars have emphasized the need to implement māqāṣid al-shariāh in Islamic finance; both at the level of the general framework of Islamic finance and at the level of product development. In other words, instead of restricting the view on the legal form of contract, the structuring financial products must ensure the justice, equity, transparency, circulation of wealth among the people as well as prevent them from harm and hardship.

Hopefully, I can contribute in this field. May Allah help me and ease everything. Ameen

Continuing study..

It has been a long time I did not update this blog.

Actually, the main purpose why I established this blog last year was to improve my writing skill especially for IELTS test. Alhamdulillah, after 5 times of trial, I have achieved my target and successfully to fulfil the university requirement.

Currently, I am a PhD student at the University of Aberdeen, UK. I have been sponsored by Sultan Mizan Royal Foundation.

However, my current research is about maqasid shariah and Islamic finance. Even I was supposed to do heritage and Islamic perspective but unfortunately, my sponsor asked me to do a research about Islamic finance. Otherwise, they will terminate the agreement between us. It is fine with me since I am keen to that field and also have experience in fiqh muamalat.

I do not know whether I should consistently update this blog as I have a lot of commitments but I know that writing and language need continuous efforts.

Please pray for me.

Managing differences and conflicts

There is no doubt that it is impossible to have only a single opinion. No matter the subjects are, people cannot avoid from argumentation, debate, and dialog. It is normal since humans are created with physical and intellectual diversities. Moreover, diverse social-background and changeable lifestyle also influence the way they look and think.

Looking at the bright side, different opinions sometimes are beneficial for people as far as they can handle their consequences. In fact, people need more choices and views to improve their life. Apart from that, this circumstance encourages people to work hard to prove their idea is correct and better than their opponents.

Nevertheless, one cannot deny that differences might cause negative impacts. Some people sometimes feel that those who disagree are disrespectful to them. This situation would be exacerbated if it occurs between people who come from different level in term of age or social. Failing to handle it, might lead to serious conflict, even it's just about a small thing.

Quran gives to the clear guidelines on how to face the different view. One of them is cited in surah Az-zumar as Allah says:-

“Who listen to speech and follow the best of it. Those are the ones Allah has guided, and those are people of understanding” (Az-Zumar:18) 

Based on this ayat, Allah describes those who listen to other words and then, follow the best thereof are the guided person and the ones endued with understanding. In fact, the word ‘yastamiu’ does not mean to hear but to listen carefully and seriously.

By doing this, they will get the bigger picture and a better understanding from the speaker as well as can avoid misinterpretation. Moreover, the impact of different opinions could be minimized as people avoid jumping into conclusion.

As they listen to others, they should be allowed also to express their opinions. Giving the different idea or expressing the disagreement sometimes is too risky. Face the fact, people might come from different background as they might agree with us, or refuse to accept it in polite way, or belittle us.

Therefore, before continuing further argument, let know first the characters of those who disagree with us. Surah Al-A’rof illustrates this point of view.

“Take what is given freely, enjoin what is good, and turn away from the ignorant.” (Al-A’rof:199)

According to this ayat, there are three steps that should be considered as follows:-
1. Forgiving those who disagree: Expressing ideas sometimes is not resulting positive outcomes. People might not understand or misread or could not see the point. Thus, forgiving them as well as being patient is the best measure to avoid the conflict.

2. Consistence in telling the truth: We should not withdraw our view as far as it is true, even some people reject it.

3. Avoiding the ignorant: The real problem in people conflict is not because of the different view but the attitude. The most annoying group is called the jahilin. In Quran, the word jahilin not refers for those who lack of knowledge but those who refuse to accept the truth. These people probably understand our point of view and acknowledge it, but because of arrogance, they create an unhealthy environment such as provoking, labeling, and belittling their opponent. Face the fact, discussing with this group might cause harmful situation instead of positive impacts.

Nuclear energy: Proving the capability and readiness of the companies.

In regard to Ir Dr Nahrul Khair Alang Md Rahsid's article, “Critical thinking key to public acceptance of nuclear energy” (NST, Aug 4 ), I believe that a few points from the writer should be reviewed. The writer seemed to put the blame on public perception as the main obstacle to fulfilling the government aspiration in nuclear power.  While the public technological literacy should be enhanced, I believe the authorities also should prove their readiness and capability to handle such energy.

On one side, it is undeniable that public's first impression of the nuclear technology is that it is a terrifying weapon. Since the atomic bomb incinerated Hiroshima and Nagasaki 70 years ago, turning them into hell, the image of nuclear has been badly tarnished. Nuclear seems to bring disaster to human civilization instead of being an alternative source of the fossil energy. However, face the fact, the nuclear has contributed 11 per cent to global electricity production through 400 reactors all over the world especially in developed countries. It shows that such energy is not as negative as people think. Thus, serious explanation of nuclear power, based on scientific facts should be improved in order to enlighten the public that such energy is safer and vital for the bright future.

On the other hand, the public's concern should not be belittled. In fact, most of them know the real fact of nuclear but what make them worry is the integrity and capability of those handling this energy especially in developing countries. A small incident at the nuclear reactor will cause the long-term catastrophe. Even Japan, one of the developed countries with high technology, experienced woe after the 2011 tsunami hit its nuclear plants. Focusing on our country, the history of Bukit Merah radioactive tragedy and the current bauxite issues are enough to influence public perception.

In conclusion, not only the way of explaining nuclear should be enhanced, but the capability, accountability, transparency and readiness of companies that conduct the nuclear project must also be proved to the public.

  

Calling for the nuclear-free world

Every 6th august, people all over the world commemorate the history of Hiroshima catastrophe. In this year, it is the 70^th anniversary of that catastrophe. Seventy years ago, the city was incinerated by an atomic bomb, its population halved by the new and terrifying American weapon nicknamed Little Boy.

To date, there is still no official apology made by any president of the USA. Moreover, President Truman have made a statement that:-

“ Never waste a minute on regret. It’s a waste of time.”

While the world societies are united to demand for full abolition of the nuclear weapons, there is still long-lasting debate on the USA operation, using the atomic bomb on Hiroshima and Nagasaki for the sake of ending the war.

The argument in favor of using the atomic bomb is the only successful way to end the second world war. When Germany one of the Japanese ally agreed to surrender, the latter still refused to withdraw from the annexed territories.  Moreover, it is claimed that Japanese armies never know the word of ‘surrender’ as they would to sacrifice their soul for the sake of their emperor. The kamikaze jet fighter illustrated this view very well.

Harry Truman, the US president had to make a difficult decision. If he chose to invade Japan, he might need a million troops and most of them would end up dead. Thus, it might not finish the war efficiently. While the atomic bomb cause widespread death and suffering, sometimes being cruel in the short term to be kind in the long run is acceptable.

Moreover, one cannot deny that the fatalities that caused by Japanese troops were the nightmare for human especially in Asia. History told us the massacre happened in Nanjing, where it was considered to be the second holocaust. Focusing on south-east Asian, the death railway has still been remembered by people. For the time being, many countries are still demanding the official apology from Japanese leaders.

On the other hand, those who oppose the act, arguing that the nuclear, biological and chemical weapons are the most inhumane of all weapons, capable of vast, indiscriminate and long-lasting destruction. In other words, it should not be used or to be experimented towards human.

In fact, the empire of japan was on the brink of surrendering. After 6 years of the war, Japan had experienced many defeats in their battle, especially when the allies were focusing on them after the surrender of Germany and Italy. Their loss of armies and facilities were very significant. Moreover, since the attacking of the Pearl Harbor, Tokyo witnessed the overwhelming of bombing campaigns.

Whatever their argument, we cannot change the history as the past is the past. Nevertheless, it is undeniable that the past can repeat again if we do not learn from that.

Islam and the nuclear weapon.

Islam is strongly against support any kind of destruction, even in wars. Based on the hadith, the prophet Muhammad sollahualaihiwassalam prohibited the using of fire on the enemies. Even if the war could not be avoided, the Muslim army still must follow the strict rules and regulations. For example, they must avoid from killing the old people, women, children, religious person and those who are surrendered. At the same time, they have not to involve other creation in their war such as cutting the trees or killing the animals.

However, after the prophetic period, when the enemies became more aggressive by using various advanced weapons, the Muslim armies had no choice unless they would be defeated. For the sake of a bigger maslahat ( interest ), they have to compete with their enemy.

Some scholars justify the construction of the nuclear weapon in Muslim countries is necessary nowadays by this versus

“And prepare against them whatever you are able of power and of steeds of war by which you may terrify the enemy of Allah and your enemy and others besides them whom you do not know [but] whom Allah knows. And whatever you spend in the cause of Allah will be fully repaid to you, and you will not be wronged” ( Al-anfal : 60 )

They argue it is the obligation for Muslim leaders to provide the strong and powerful defenses to terrify the enemies. This action needs to be taken in order to avoid non-Muslim countries for threating the Muslim lands. 

However, the reality nowadays that Muslim political power is weak, I think they should focus on joining the awareness campaign seriously in order to free the world from nuclear weapon instead of developing their own nuclear weapon. Moreover, looking for the attitudes and characters of the current Muslim leaders currently, we afraid that such weapon will use towards their own people so as to restrain their political power.   

Being Al-Rijal and An-Nisa’ (Part 2)

It is obvious that the future of every marriage depends on the couple’s characters. While men must be ar-rijal, who enable to lead, protect and sustain their family, in the same ayat (An-Nisa’: 34), Allah describes the characters of wives in interesting way as follows:-

So righteous women are devoutly obedient, guarding in [the husband's] absence what Allah would have them guard.

According to this ayat, the good wives are known as the righteous women. Like ar-rijal, to achieve this title, women must own two characters as follow:-

1. Be devoutly obedient,

2. Guarding in [the husband's] absence what Allah would have.

In Islam, husbands are considered to be the leader as wives and children must obey to them. In fact, a marriage is likened as an organization which only the powerful leader coupled with full obedience from other members are needed in order to achieve its goal. Likewise, marriage in Islam also has its own goals. Asking for God blessing, fulfilling natural desire, establishing the family institution, to name but a few.

Moreover, being obedient does not mean wives lost their rights in expressing their views or disagreement. They are not servants since their husbands could not force them to do the unlawful things or the matters that are out of their ability. In addition, women entitle to explain if they do not agree or unable to do their husbands’ orders. In fact, the obedience of wives is not merely because they are loyal to their husbands, but it is done for the sake of God blessing.

As for the second character, a successful marriage is determined by how far both partners can handle jealousy, misunderstanding, and suspicion between each other. In reality, for every couple when they experience these problems, their emotion at that time is more dominant. Therefore, to prevent from happening, Islam asks women to keep their dignity, especially during her husband absence.

While the men struggle to fulfill the family necessities, the women play a prominent role in protecting the family dignity. For example, they must not give permission for others, even from their family entering the house during the absence of their husbands, except with their permission. Moreover, the wives are not allowed to go out without the husband's permission.

Some people claim that Islam restricts the freedom of women and their rights. Nevertheless, Islam looks this issue in the big picture since dignity is much more important than freedom. Face the fact, once women go out without their husband’s permission and mixing with others, especially those different genders, it invites trouble for them and their family. In fact, Islam does not limit the freedom of women as they are free to go out for study, shopping, and pursuing their career as far as they follow the rules.

Being Al-Rijal and An-Nisa’ ( Part 1 )

What is the formula to secure husband-wife relationship in order to make it always strong, firm and long-lasting? Some people say that only the true love between couple can preserve their relationship while others believe that children are the prominent key for this purpose. In fact, one cannot deny that it is easier said than done to keep this kind of relationship.

Focusing on western culture, most people nowadays are hesitated to legalize their relationship. They tend to not bind them officially as both are free and if there are problems in the future, they can easily break it up. No matter how they try to justify it, having said that it is hard for them to believe that marriage can make spouses to be more understood and loyal between each other.

In Islam, marriage institution is considered to be the important phrase in human life. Not surprisingly, there are a lot of versus from Quran and Sunnah talk about family, marriage, divorce, and rights between all of family members. All of them are the strong proof how Islam is very serious to preserve and strengthen family relationships either between the couple or between them and their children.

One of the interesting versus is from Surah Al-Nisa’ as Allah says:- 

Men are in charge of women by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth. So righteous women are devoutly obedient, guarding in [the husband's] absence what Allah would have them guard. But those [wives] from whom you fear arrogance - [first] advise them; [then if they persist], forsake them in bed; and [finally], strike them. But if they obey you [once more], seek no means against them. Indeed, Allah is ever Exalted and Grand. ( An-Nisa' : 34)

Before moving on how this ayat shows the practical guideline for men and their spouses to manage their marriage, having said that there are a few misunderstandings that must be cleared first. For example, some people, especially those who are actively fighting for equality between genders claim that Islam promotes discrimination. By this ayat, it is understood that men are always to be top on women regardless their attitude, ability and achievement. In contrast, no matter how excellent women are, they must obey to men and could not be appointed as a leader forever.

Likewise, some Muslims also interpret this versus in the same way but they take it for granted. As a husband, they believe that they can do anything to their wives. Like a king, they order their wives to do everything. Failing to obey or fulfill their demands or desires means that their wives have caused God outrage. As a result, we can see some bad husbands speak very harshly to their wives, humiliate them, and even physically abuse them.

The main problem for both groups is they do not read the versus wholly. As for the first group, if they read this ayat entirely and carefully, they will understand that its context is about family institution, not for all things like politics, study, career, rights and others. In Islam, family is an organization that leaded by Ar-rijal. Apart from that, Allah uses the word rijal with alif lam. In Arabic alif lam indicates the word is specific. Therefore, it is wrong to translate the word ar-rijal with men. In other words, not all men would enjoy the title of ar-rijal.

How can men to be ar-rijal?

Based on the ayat, there are two conditions:-

1. Allah has given one over the other

2. What they spend [for maintenance] from their wealth.

Regarding the former, it is understood that a man who want to be ar-rijal must prove for themselves and parents that they are able to take care, to educate and to protect his wife. Thus, to accomplish it, his physical, intellect, emotion, spiritual must be stronger than his partner. If not, he has to find another woman. As for the later, to be ar-rijal, a man must spend his wealth to sustain his wife, including shelter, foods, clothes and other necessaries.

Regarding for the second group, they have to be cleared about the real meaning of the word qowwamun. Most of them interpret it as owning the women. In fact, the word qowwamun means to be in charge. In other words, husbands in Islam are the protector and those who are responsible for their wives.

So, Islam asks men, if they are willing to take this responsibility, then they are declared to be Ar-rijal. Meanwhile, their wives are not servants, but as the trustees. Failing to sustain it means that they have to answer in front of God.

   

The concept of marriage in Islam : the best reflection before getting a divorce

It is no secret that nowadays divorce is becoming increasingly common in Malaysia. In 2012, there were 56,760 divorces recorded in Malaysia, almost doubled from 2004. It means that in every 10 minutes, one couple chooses to end their sacred relationship. Focusing on the young couples, there has been a steep rise in the number of divorce petitions being brought by them.

In fact, there are obviously many different reasons why divorce rates have shot up, but the younger generation’s shifting attitudes are clearly to be the main contributing factor. To solve this problem, it is suggested by a few experts that society should minimize the sanctity of marriage. In other words, let people feel like they have an option when their relationship as not as they expect. To justify this view, personal happiness should be much more important than marriage institution.

Marriage in Islam

It is obvious that marriage is the important phase of human life. However, some people claim that their marriage is unlikely as their dream. In addition staying with their current marriage might be detrimental for one or both of them. Thus, as other laws and religions, Islam also provides an exit for couples if they find it as the only way to solve their problem.

But having said that, before claiming that Islam supports the divorce, do we fully understanding Islamic perspective on marriage institution? In fact, it is not simple as people think. In contrast, divorce is considered to be the lawful thing which Allah hates most. Thus, the divorce in Islam should be understood alongside its philosophy of marriage as follows:-  

1. Realizing the marriage contract

Due to the importance of marriage in a person’s life, it must be built based on a contract which involving a man, a woman, the woman’s father ( or other wali ) and at least two witnesses. This shows that marriage is a serious decision for people. Moreover, Quran has described marriage as the solemn covenant. Allah says in surah An-Nisa’:

“And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?” ( An-Nisa’ : 21 )

It does not mean that Islam discourages people from getting married, but they have to realize once they are declared to be a official husband, it means that they are ready to accept a huge responsibility to take care, guard, sustain and give the happiness to their spouse. Therefore, both spouse should be prepared physically, intellectually, emotionally and the most important is spiritually.

2. Choosing the right spouse.

Face the fact, the journey of marriage is determined by how far people concerned to choose their spouse. Thus, Islam stresses that a successful marriage depends on haw far people chose the right candidate. As for men, Islam gives the clear guideline as The Prophet solallahualaihiwassalam said:

"A woman may be married for four reasons: for her property, her status, her beauty, and her religion; so try to get one who is religious, may you be blessed."

Why religion is considered to be the best choice? It is because a pious woman knows her responsibility, obligation and family dignity as she knows how to treat her husband very well, grow her children and take care the house when her husband go out.

Likewise, women or their father also need to pick the right man as the prophet said that

"Whoever comes to you and you're pleased with their deen and character (khuluq) marry them!" Whoever comes to you and you’re pleased with their deen and character (khuluq) marry them! If you don’t, there will be corruption and great harm in the earth.” ( Tirmizi )

3. Understanding the purpose of marriage.

This is the great question that must be answered by those who want to end up their single period. Even if they are successful to find good spouses but falling to understand the real objective of marriage might give the negative impact to their marriage later.

The beautiful versus from surah Ar-rum indicates about it.

And of His signs is that He created for you from yourselves mates that you may find tranquillity in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought. ( Ar-rum : 21 )

Based on this versus, there are a few things that must be concerned.

a. Marriage is the sign of God. It means that the success or failure of marriage will be determined by God. Thus, to preserve and strengthen the relationship with God should be first if people want to achieve happiness in their marriage.

b. The main purpose of marriage as mentioned in this versus is to make men feel tranquil with their wife. In other word, people have to struggle to keep their marriage tranquilly. Forgiveness, tolerance, patience, gratefulness, mindfulness, receptiveness should be practiced by both husband and wife as far as they live together.

c. As a result, Allah promises to provide their marriage with love and mercy. The love that awarded by God is different as it is coupled with his blessing. As for mercy, it makes the marriage in Islam is the way to spread God mercy. Marriage is not just builds a relationship between husband and wife but also connect a wider relationship between two big families, making them know each other. Another mercy of the marriage is to produce the new generation of humans. Thus, it is totally wrong when people just want to marry because of love without any intention to have children.

So, before choosing divorce as the way to solve the marriage problem, does the marriage comply with the concept of Islam?    

Polygamy in West : A case of double standard

When the USA Supreme Court ended up legalizing the same sex marriage, the community of gay and lesbian has celebrated this historic decision across the country. It seems to be the peak of their fighting, especially to obtain full recognition by law for this kind of marriage. Now, the same sex couple can enjoy their rights to establish their family and grow up their children as well as every person has to respect the way of their life.

In the name of liberty and freedom, the same sex of marriage is allowed and recognized even it obviously against religious values, morality, civilization even nature itself. The president of the USA lauded the decision by the Supreme Court, claiming this is the new era for his country.

Nevertheless, when the movement of polygamy raises their demand to legalize the multi couple’s marriage, some people who strongly support the same sex marriage oppose that right. The main argument is this kind of marriage cause harmful for human life. To justify it, they pick a few cases of polygamy that practiced in the third world countries, showing many wives have been abused and neglected by their husbands.

It is really weird, how could they concern about negative impacts from polygamy but refusing to accept the fact that the same sex marriage is clearly a threat to humanity. Spreading diseases and epidemic like HIV, threatening the civilization and countries by restricting the birth rates, growing the children against the nature, to name but a few. 

But the biggest question is why they are doubled standard? Supporting the same sex marriage for the sake of freedom and human right, but denying to accept polygamy practice with the same reason?

Polygamy in Islam

Face the fact, how to solve the problem of a single mother with her children? How can she survive for herself and her children? Yes, there are men who still single, but are they willing to marry women who already consider as a widow and to sustain her children?

Does he know how to grow up them? Thus, even the polygamy is not the perfect solution for this problem but at least it is more practical as the men who already become a husband has experience to manage the family.

It is undeniable that polygamy might cause negative impacts to women and children, but it is not because of the polygamy itself but the men who practice it. In fact, Islam does not allow polygamy to be exercised except the husband could comply with its regulation. Thus, it is totally wrong if we portray polygamy as the way to fulfill men’s desire instead of helping women and children.

However, it is concerned that people always are misunderstood about the real concept of polygamy in Islam even Muslims themselves. The versus of Quran sometimes has been exploited. For example, when they talk about this versus.

“And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those your right hand possesses. That is more suitable that you may not incline [to injustice]” ( An-Nisa’ : 3)

This is the only versus in Quran that permits Muslims to have more than one couple in their life, but unfortunately, there are a few misinterpretations of this versus. The extreme most is from one group of Shiah who interpret it as a man deserves to has nine wives when Allah says one, two or there, means the total is nine!

Meanwhile, most of the Muslims do not read the ayat completely as they just focus on these words:-

"Please you of [other] women, two or three or four"

Thus, it seems that Islam allows polygamy without any guidelines and this might tarnish the image of this religion. In contrast, if we read the whole versus, there are few things that should be concerned.

Firstly, Allah has related the permission to practice polygamy with the right of orphans.

Secondly, the practice of polygamy must be complied with one condition which is man must be fair to their wives.

As for the former, we realize that polygamy is the way to help orphan. Even if you look the whole page, it is about orphan. Thus, it can be understood that polygamy in Islam aims to help widows and their children. To justify it, look how our prophet practiced this kind of marriage. Even, he is allowed to marry till ten wives, but nine of them are widows and old women and their children.

Regarding to the justice, it is considered to be the main requirement for husbands who tend to add their wives, it should not be looked down. In fact, Islam orders husbands to fulfill their wives necessities like foods, clothes and home. Thus, those who want to marry more than wife must not only remember this obligation, but have to deliver it fairly.

Back to our issue, the significant impacts and contributions of polygamy are very obvious and clear either for family institutions, the rights of women and children, nation civilization even human survival.

While they strongly struggle to support gay and lesbian in order to accomplish their right, why chose to be double standard when talking about polygamy right?