Papers by Abdul Azeez Yusuf
Journal: Advanced Science Letters. Vol. 23, Number 9. September 2017. ISSN: 1936- 6612 (Print): EISSN: 1936-7317 (Online) Publisher: American Scientific Publishers. California, U.S.A. , 2017
An old and ongoing dialogue between religion and international law which raises the question of w... more An old and ongoing dialogue between religion and international law which raises the question of whether both are foes or friends seems to have found a place in the global debate on the call for the abolition of death penalty. With respect to the debate, two opposing sides were identified. The first being the promoting secular bloc which is the Western-styled international human rights system, while the other is the opposing religious side which is the Islamic Law system. It is, thus, intriguing to ascertain whether the respective positions of the international human rights system; a secular law and that of the Islamic Law; a religious law on the abolition of death penalty are irreconcilable. This becomes particularly necessary since whenever any reference is made to the rejection of the call, the charge is usually and invariably directed against the religion of Islam. This paper, therefore, examines the various issues of divergence between the two opposing systems in order to have a proper grasp of the differing position as maintained by Islamic Law on the call for the abolition of death penalty and why it takes that side. Thus, the overall ideal position that should be objectively considered from the points of view of the two opposing sides whenever there is a dialogue on the matter is also put forth in the study.
World Fatwa Management and Research Institute, Faculty of Shariah and Law, Universiti Sains Islam Malaysia (Islamic Science University of Malaysia. , 2017
Abu Ya'la ibn al-Farra' (380-458 A.H / 990-1065 C.E) is regarded as one of the prominent jurists ... more Abu Ya'la ibn al-Farra' (380-458 A.H / 990-1065 C.E) is regarded as one of the prominent jurists of the Hanbali Madhhab credited to have written many works of erudition in Public Law, Islamic constitutional Law and the Islamic system of politics. His proficiency in jurisprudence, ethics, political science and literature proved useful in securing a respectable career for him not only as a qadi (judge) but also as an excellent author, muhaddith (expert in hadith) and a Qur'anic scientist. The focus of attention of this paper, therefore, is to examine the views and thoughts of this prominent mufti (Islamic legal expert) on the nature of appointments that could be conferred by the imam (leader of the Islamic State) on a qadi. In achieving this notion, attempt is made to examine his exposition on the qualifications of a qadi and the mode of contract of his appointment, validation of his appointment by the imam and the areas of his jurisdiction. Other relevant areas examined in his legal theory, are his fatawa (personal legal opinions) on such appointment of a qadi with a special jurisdiction, appointment of two judges in a city, request for appointment as a qadi, as well as offering of bribes to be appointed as a qadi. It is discovered that some of the legal opinions expressed by Abu Ya'la on each of these matters are guidelines that may be adopted in the contemporary society for the appointment of a credible qadi into any of the judicial positions. The study adopts a descriptive analytical research method whereby references were made to the primary sources containing Abu Ya'la's opinion as well as other secondary literature written by classical and contemporary Muslim and non-Muslim scholars on his life and works. It is, thus, believed that the legal opinions propounded by Abu Ya'la on the appointment of a qadi is not only germane but also contain policies that are relevant to the contemporary judicial institutions.
International Journal of Economics and Financial Issues (IJEFI). ISSN 2146-4138. Special Issue, Vol. 6, No. 3S (2016). SCOPUS Indexed Journal. Pp. 140-143. , 2016
There is no modern activity premised on Islamic law that does not have a link with one of the tra... more There is no modern activity premised on Islamic law that does not have a link with one of the traditional practices in the classical Islamic law society. Failure to find its root in the past may even be a justification for such activity to be rejected as alien to Islamic law. The contemporary Islamic financial transactions (IFT) otherwise referred to as Islamic banking system, cannot equally be free from that inevitable litmus test. Consequently, through the principles of al‑'aqd al‑sahih (a valid contract) in Islamic law, the inexplicable requirements for the activities of the Islamic banking and finance (IBF) to be Shari'ah compliant could be more easily and reasonably spelt out while the extent of such a compliance could be clearly assessed. This paper, therefore, examines the role of al‑'aqd al‑sahih as the pivotal instrument for validating any IFT and its obligations. Thus, what will make any contract to be invalid in Islamic law is primarily applicable to any IBF transactions in the modern world. The study emphasises the danger in losing the sight of the contractual nature/basis of IBF Transactions and hypothesis that al‑'aqd al‑sahih is the pivotal legal basis for the validity of IFT.
. International Journal of Economics and Financial Issues (IJEFI). ISSN 2146-4138. Special Issue, Vol. 6, No. 3S (2016). SCOPUS Indexed Journal. P. 109-115. , 2016
The Takaful (Islamic Insurance) is not only a key branch of the Islamic Financial System but also... more The Takaful (Islamic Insurance) is not only a key branch of the Islamic Financial System but also one of the important Islamic financial instruments and a strong tool for managing individual risks and business overturns. In terms of operational models, it shares some business setups with Islamic banking, and in a way, it is regarded as " a modern technical approach to Islamic banking operation, " for it evolved, like Islamic banking, from the determination of Muslims to revive the Islamic way of life, particularly in the reorganization of finance and economy; an exertion often described as a very difficult jihad: Building a financial system where interest does not exist. Accordingly, this research attempts to propound some theories for assessment of insurable interest in Islamic insurance (Takaful). The theories, as analyzed are intended to serve as working tools for the present and future Islamic insurers, without limitation to differences in place and space. In doing this, the work is divided into five parts. The first part introduces the study while terminology clarification is undertaking in the second part. The third part examines the legal basis for the insurable interest in Takaful, while the conceptual precepts for the development and application of the theories are taken up in the fourth part with certain relevant study inferences forming the concluding part.
The Predominance School of Law in Malaysia today is the Madhhab Shafi'i. However, several critici... more The Predominance School of Law in Malaysia today is the Madhhab Shafi'i. However, several criticisms have been leveled against the exclusive reliance on this School of Law on the argument that it gives room for unnecessary restrictions of freedom, considers some tribes to be special and treats the females unfairly, especially in the matters of Islamic family laws related to polygamy, matrimonial property and divorce. The Religious Departments at various levels in Malaysia were also accused of ignoring this legal conundrum, like those inherited from the polygamous and divorce laws, which as perceived by many, could not only lead to exploitation of the women by irresponsible men but may also favours the husbands in matters of adjudication. This paper attempts to unveil the potential legal intricacies inherited from the Malaysian Family Law through a critical examination of the contending issues raised against it. Thus, such a kind of examination is not only expected to uncover the mix methods used in codifying these laws but, also, will appraise the extent of their compatibility or otherwise to the maqāsīd al-Sharīʿah (the objectives of Islamic Law) and the contemporary International Human Rights Law. In doing so, suggestion on how those laws could be improved upon in order to be in conformity with the objects of Islamic law and the human rights standard will be put forth.
file:///C:/Users/a.yusuf/Downloads/636327813135540049.pdf
Insurable Interest in Takaful: A Theoretical Contrivance for
Islamic Insurers
file:///C:/Users/a... more Insurable Interest in Takaful: A Theoretical Contrivance for
Islamic Insurers
file:///C:/Users/a.yusuf/Downloads/2618-7230-1-PB.pdf
The Takaful (Islamic Insurance) is not only a key branch of the Islamic Financial System but also one of the important Islamic financial instruments and a strong tool for managing individual risks and business overturns. In terms of operational models, it shares some business setups with Islamic banking, and in a way, it is regarded as " a modern technical approach to Islamic banking operation, " for it evolved, like Islamic banking, from the determination of Muslims to revive the Islamic way of life, particularly in the reorganization of finance and economy; an exertion often described as a very difficult jihad: Building a financial system where interest does not exist. Accordingly, this research attempts to propound some theories for assessment of insurable interest in Islamic insurance (Takaful). The theories, as analyzed are intended to serve as working tools for the present and future Islamic insurers, without limitation to differences in place and space. In doing this, the work is divided into five parts. The first part introduces the study while terminology clarification is undertaking in the second part. The third part examines the legal basis for the insurable interest in Takaful, while the conceptual precepts for the development and application of the theories are taken up in the fourth part with certain relevant study inferences forming the concluding part.
There is no modern activity premised on Islamic law that does not have a link with one of the tra... more There is no modern activity premised on Islamic law that does not have a link with one of the traditional practices in the classical Islamic law society. Failure to find its root in the past may even be a justification for such activity to be rejected as alien to Islamic law. The contemporary Islamic financial transactions (IFT) otherwise referred to as Islamic banking system, cannot equally be free from that inevitable litmus test. Consequently, through the principles of al‑'aqd al‑sahih (a valid contract) in Islamic law, the inexplicable requirements for the activities of the Islamic banking and finance (IBF) to be Shari'ah compliant could be more easily and reasonably spelt out while the extent of such a compliance could be clearly assessed. This paper, therefore, examines the role of al‑'aqd al‑sahih as the pivotal instrument for validating any IFT and its obligations. Thus, what will make any contract to be invalid in Islamic law is primarily applicable to any IBF transactions in the modern world. The study emphasises the danger in losing the sight of the contractual nature/basis of IBF Transactions and hypothesis that al‑'aqd al‑sahih is the pivotal legal basis for the validity of IFT.
file:///C:/Users/a.yusuf/Downloads/2622-7242-1-PB.pdf
For more than 40 years, there has been growing interest in the socio-political and economic inter... more For more than 40 years, there has been growing interest in the socio-political and economic interactions between Malaysia and individual Arab Gulf States. This is most likely because of the economic interaction between these nations and Malaysia as well as the religious affinity between Malaysia and the Arab Gulf states. This has invariably led to the proliferation and establishment of numerous non-state actors who are also playing momentous roles in enhancing bilateral relationships. The aim of this paper is not only to examine and investigate the influence and contributions of non-state actors in enhancing Malaysia's relationship with the Arab Gulf states but also to provide a significant attempt to assess the role of Malaysian non-state actors in shaping future direction with the Arab Gulf countries and the extent to which Malaysian foreign policy has intensified the role of non-state actors.
For more than 40 years, there has been growing interest in the socio-political and economic inter... more For more than 40 years, there has been growing interest in the socio-political and economic interactions between Malaysia and individual Arab Gulf States. This is most likely because of the economic interaction between these nations and Malaysia as well as the religious affinity between Malaysia and the Arab Gulf states. This has invariably led to the proliferation and establishment of numerous non-state actors who are also playing momentous roles in enhancing bilateral relationships. The aim of this paper is not only to examine and investigate the influence and contributions of non-state actors in enhancing Malaysia's relationship with the Arab Gulf states but also to provide a significant attempt to assess the role of Malaysian non-state actors in shaping future direction with the Arab Gulf countries and the extent to which Malaysian foreign policy has intensified the role of non-state actors.
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Abu Ya'la ibn al-Farra' (380-458 A.H ... more http://myjms.mohe.gov.my/index.php/infad/article/view/2378
Abu Ya'la ibn al-Farra' (380-458 A.H / 990-1065 C.E) is regarded as one of the prominent jurists of the Hanbali Madhhab credited to have written many works of erudition in Public Law, Islamic constitutional Law and the Islamic system of politics. His proficiency in jurisprudence, ethics, political science and literature proved useful in securing a respectable career for him not only as a qadi (judge) but also as an excellent author, muhaddith (expert in hadith) and a Qur'anic scientist. The focus of attention of this paper, therefore, is to examine the views and thoughts of this prominent mufti (Islamic legal expert) on the nature of appointments that could be conferred by the imam (leader of the Islamic State) on a qadi. In achieving this notion, attempt is made to examine his exposition on the qualifications of a qadi and the mode of contract of his appointment, validation of his appointment by the imam and the areas of his jurisdiction. Other relevant areas examined in his legal theory, are his fatawa (personal legal opinions) on such appointment of a qadi with a special jurisdiction, appointment of two judges in a city, request for appointment as a qadi, as well as offering of bribes to be appointed as a qadi. It is discovered that some of the legal opinions expressed by Abu Ya'la on each of these matters are guidelines that may be adopted in the contemporary society for the appointment of a credible qadi into any of the judicial positions. The study adopts a descriptive analytical research method whereby references were made to the primary sources containing Abu Ya'la's opinion as well as other secondary literature written by classical and contemporary Muslim and non-Muslim scholars on his life and works. It is, thus, believed that the legal opinions propounded by Abu Ya'la on the appointment of a qadi is not only germane but also contain policies that are relevant to the contemporary judicial institutions.
Proceedings of SPE Asia Pacific Improved Oil Recovery Conference, 1999
Umran International Journal of Islamic and Civilizational Studies, Nov 5, 2014
Al-Qāḍī Abū Ya'lā ibn al-Farrā' (380-458 A.H / 990-1065 C.E) is regarded as the most prominent Ha... more Al-Qāḍī Abū Ya'lā ibn al-Farrā' (380-458 A.H / 990-1065 C.E) is regarded as the most prominent Hanbali scholar and one of the early Muslim jurists who played dynamic roles in formulating a systematic legal framework and constitutional theory on Islamic system of government during the first half of the 5th/11th Century in Baghdad, and which are still found to be relevant in the modern day constitutional legal theories. Attempt would, therefore, be made in this paper to examine the contributions of this Leading Legal Luminary to the Legal theory of Islamic civilization and sciences of jurisprudence of the Ḥanbali Madhhab (Hanbali School of Law). Other areas of relevance critically examined in this paper are his education and legal background, contemporary pursuits of intellectuals and prominent fuqahā' (jurists) of his time, as well as a detailed account of his notable students, works and influence in the development of the Ḥanbali Madhhab
While Plato was born and raised in Greece from an aristocratic high-level family few hundred year... more While Plato was born and raised in Greece from an aristocratic high-level family few hundred years before the birth of Jesus Christ, Al-Farabi, on the hand, was born in Kazakhstan in Central Asia more than a thousand years later. Both of them had distinguished teachers, fond of philosophy and mathematics, and had a great influence on the subsequent generations of philosophers and sociological scientists. History is replete with the fact that the philosophical views of the former had significant effect on the European socio-political settings, while Al-Farabi, though an important philosophical figure in Islam, is said to have received a flood of criticism from some of the scholars because of some of his opinions. In this study, therefore, attempt would be made to examine how each of the two great scholars imagined his own society through their respective books “The Republic” for Plato and “Opinions of the People of the Ideal City for Al-Farabi. Further attempt would also be made to compare the impact and influence of their works and ideas not only on their societies, but also on the subsequent generations of scientific philosophers that emerged after them.
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Papers by Abdul Azeez Yusuf
file:///C:/Users/a.yusuf/Downloads/636327813135540049.pdf
Islamic Insurers
file:///C:/Users/a.yusuf/Downloads/2618-7230-1-PB.pdf
The Takaful (Islamic Insurance) is not only a key branch of the Islamic Financial System but also one of the important Islamic financial instruments and a strong tool for managing individual risks and business overturns. In terms of operational models, it shares some business setups with Islamic banking, and in a way, it is regarded as " a modern technical approach to Islamic banking operation, " for it evolved, like Islamic banking, from the determination of Muslims to revive the Islamic way of life, particularly in the reorganization of finance and economy; an exertion often described as a very difficult jihad: Building a financial system where interest does not exist. Accordingly, this research attempts to propound some theories for assessment of insurable interest in Islamic insurance (Takaful). The theories, as analyzed are intended to serve as working tools for the present and future Islamic insurers, without limitation to differences in place and space. In doing this, the work is divided into five parts. The first part introduces the study while terminology clarification is undertaking in the second part. The third part examines the legal basis for the insurable interest in Takaful, while the conceptual precepts for the development and application of the theories are taken up in the fourth part with certain relevant study inferences forming the concluding part.
file:///C:/Users/a.yusuf/Downloads/2622-7242-1-PB.pdf
Abu Ya'la ibn al-Farra' (380-458 A.H / 990-1065 C.E) is regarded as one of the prominent jurists of the Hanbali Madhhab credited to have written many works of erudition in Public Law, Islamic constitutional Law and the Islamic system of politics. His proficiency in jurisprudence, ethics, political science and literature proved useful in securing a respectable career for him not only as a qadi (judge) but also as an excellent author, muhaddith (expert in hadith) and a Qur'anic scientist. The focus of attention of this paper, therefore, is to examine the views and thoughts of this prominent mufti (Islamic legal expert) on the nature of appointments that could be conferred by the imam (leader of the Islamic State) on a qadi. In achieving this notion, attempt is made to examine his exposition on the qualifications of a qadi and the mode of contract of his appointment, validation of his appointment by the imam and the areas of his jurisdiction. Other relevant areas examined in his legal theory, are his fatawa (personal legal opinions) on such appointment of a qadi with a special jurisdiction, appointment of two judges in a city, request for appointment as a qadi, as well as offering of bribes to be appointed as a qadi. It is discovered that some of the legal opinions expressed by Abu Ya'la on each of these matters are guidelines that may be adopted in the contemporary society for the appointment of a credible qadi into any of the judicial positions. The study adopts a descriptive analytical research method whereby references were made to the primary sources containing Abu Ya'la's opinion as well as other secondary literature written by classical and contemporary Muslim and non-Muslim scholars on his life and works. It is, thus, believed that the legal opinions propounded by Abu Ya'la on the appointment of a qadi is not only germane but also contain policies that are relevant to the contemporary judicial institutions.
file:///C:/Users/a.yusuf/Downloads/636327813135540049.pdf
Islamic Insurers
file:///C:/Users/a.yusuf/Downloads/2618-7230-1-PB.pdf
The Takaful (Islamic Insurance) is not only a key branch of the Islamic Financial System but also one of the important Islamic financial instruments and a strong tool for managing individual risks and business overturns. In terms of operational models, it shares some business setups with Islamic banking, and in a way, it is regarded as " a modern technical approach to Islamic banking operation, " for it evolved, like Islamic banking, from the determination of Muslims to revive the Islamic way of life, particularly in the reorganization of finance and economy; an exertion often described as a very difficult jihad: Building a financial system where interest does not exist. Accordingly, this research attempts to propound some theories for assessment of insurable interest in Islamic insurance (Takaful). The theories, as analyzed are intended to serve as working tools for the present and future Islamic insurers, without limitation to differences in place and space. In doing this, the work is divided into five parts. The first part introduces the study while terminology clarification is undertaking in the second part. The third part examines the legal basis for the insurable interest in Takaful, while the conceptual precepts for the development and application of the theories are taken up in the fourth part with certain relevant study inferences forming the concluding part.
file:///C:/Users/a.yusuf/Downloads/2622-7242-1-PB.pdf
Abu Ya'la ibn al-Farra' (380-458 A.H / 990-1065 C.E) is regarded as one of the prominent jurists of the Hanbali Madhhab credited to have written many works of erudition in Public Law, Islamic constitutional Law and the Islamic system of politics. His proficiency in jurisprudence, ethics, political science and literature proved useful in securing a respectable career for him not only as a qadi (judge) but also as an excellent author, muhaddith (expert in hadith) and a Qur'anic scientist. The focus of attention of this paper, therefore, is to examine the views and thoughts of this prominent mufti (Islamic legal expert) on the nature of appointments that could be conferred by the imam (leader of the Islamic State) on a qadi. In achieving this notion, attempt is made to examine his exposition on the qualifications of a qadi and the mode of contract of his appointment, validation of his appointment by the imam and the areas of his jurisdiction. Other relevant areas examined in his legal theory, are his fatawa (personal legal opinions) on such appointment of a qadi with a special jurisdiction, appointment of two judges in a city, request for appointment as a qadi, as well as offering of bribes to be appointed as a qadi. It is discovered that some of the legal opinions expressed by Abu Ya'la on each of these matters are guidelines that may be adopted in the contemporary society for the appointment of a credible qadi into any of the judicial positions. The study adopts a descriptive analytical research method whereby references were made to the primary sources containing Abu Ya'la's opinion as well as other secondary literature written by classical and contemporary Muslim and non-Muslim scholars on his life and works. It is, thus, believed that the legal opinions propounded by Abu Ya'la on the appointment of a qadi is not only germane but also contain policies that are relevant to the contemporary judicial institutions.