Proceedings of the International Conference on Emerging Media, and Social Science, 2019
This research examines disciplining the body of middle-class Muslim women by the beauty industry ... more This research examines disciplining the body of middle-class Muslim women by the beauty industry through halal cosmetics using an ethnomethodology approach. Several theories are employed in this research including the theory of sociology of body, gender perspective and the concept of capitalism. Results indicates that manipulation of the beauty industry places women as active consumers but remains passive at the same time because it cannot fight the flow of legitimacy of this body. The dependence of middle-class Muslim women on beauty products shows that women are now fully under the control of the beauty industry regime which continues to direct the discourse of beauty and women's appearance needs. The beauty of middle-class Muslim women has now been reproduced and discourse uniformly by the beauty industry through halal cosmetics. The implications of this research are this study is expected to contribute information and enrich the repertoire of social science especially sociology also for the development of research on women body, middle class and gender studies.
Al Hikmah International Journal of Islamic Studies and Human Sciences
The study discusses an optimal method for building moderate society through the higher objective ... more The study discusses an optimal method for building moderate society through the higher objective of Shariah, by employing the five essentials of goals of Islamic law based on the God Almighty command to His servants on righteousness, moderation and forbade them from excesses and corruptions. Islamic law prohibits extremism, intolerance, and extremism while it promotes respect among different cultural, religious, and civilization pluralism, and on the other hand, it renounces racism. The permissive people describe adherents of religion and moderation as hardliners, fanatics, and extremists against modern developments because of the permissive view that pornography contents should be permissible in religion as means of moral and civilization progress. They also claim that strict adherence to religious obligations leads to a lack of freedoms and compliance with global civilization. To this effect, Shariah law presents the ideal and best model for social organization and best human beha...
Entrepreneurship education has been identified as an important course of study that could directl... more Entrepreneurship education has been identified as an important course of study that could directly influence student personality, create unconventional talents and skills, and undoubtedly increase students’ propensity to become halalpreneurs. Due to this, Malaysian government has mandated entrepreneurship courses to be taught in public universities to purposely foster entrepreneur skills in youths and increase their willingness to start viable and sustainable business enterprises, since it is practically impossible to absorb graduates entirely in formal salary wage employment. While efforts have been made to reveal the entrepreneurial characteristics that could contribute to students’ propensity to become halalpreneurs, we are still not sure whether such finding is equally applicable to gender divide, particularly in Malaysia. Hence, this study intends to examine whether the effects of entrepreneurial characteristics on students’ propensity to become halalpreneurs are equally applic...
The primary purpose of this study is to investigate the key determinants and their impact on the ... more The primary purpose of this study is to investigate the key determinants and their impact on the organic food purchase intentions of the university students in Kuala Lumpur, Malaysia. Random sampling was carried out of 329 university students and quantitative questionnaire data was generated to inform the research about their attitude towards organic food. Multiple regression analyses show four determinants have significant influence on purchase intention. This study found out that environmental concern, convenience and price, subjective norms, religious intent and belief were discovered to be inherent motivating factors driving a growing preference for organic food over the conventional grown food, In contrast, factors such as health and government support policy failed to show any significant influence towards organic food purchase intention amongst the university students
Food insecurity has been on the rise since the emergence of the first COVID-19 lockdown due to lo... more Food insecurity has been on the rise since the emergence of the first COVID-19 lockdown due to low income, unemployment, sickness and disability. This situation may snowball into a perpetual socio-economic crisis, triggering insecurity in health care and political instability in the society. For instance, the COVID-19 lockdown has affected access to food kitchens, food banks, school lunch programmes and other social food initiatives for the needy and poor in the society. Food insecurity deeply affects people without a stable job, single mothers with limited income and unemployed heads of households with young children. Against these backdrops, this study explores the phenomenological interpretation of Quranic exegeses on Prophet Yūsuf’s food security strategy and action plan. The study has found that modern Islamic socio-economic principles are congruent with the food security model of Yūsuf (a.s.) in terms of even distribution of wealth and avoiding wastage and hoarding of essentia...
Oriental scholars discuss the concept of corporate personality without any reference to Islamic l... more Oriental scholars discuss the concept of corporate personality without any reference to Islamic law. A leading proponent of this view is Joseph Schacht; a western scholar of jurisprudence who contended that Islamic jurisprudence is limited to individual personality and devoid of corporate laws, hence, contractual agreements between corporations has no basis in Islamic law. Several scholars and researcher have responded with sufficient literature on the status of an artificial person in Islamic law, but there are still issues with the legal implication of corporate personality in the event of financial distress. This study aims to explore Islamic threshold on fundamental principles of corporate personalities and its contemporary applications in the situation of financial trouble. The study will employ the analytical approach in describing the essential characteristics of a corporation as inherent in Islamic law through interpolation from the natural person and the possibility of adapting the existing conventional bankruptcy laws. This study employs an analytical approach to Islamic literature and regular related works. The study found out that even though the concept of financial distress has basis in Islamic law, it remains complicated as it entails insolvency, bankruptcy and interdiction in a debtor-creditor relationship. Overall, further efforts need to be done to put these concepts into contemporary and applicable perspectives without violating Islamic fundamental principle of justice and fair dealings.
Halal (permissible) covers wājib, mandūb, mubah,and makrūh categories in the rulings of Islamic j... more Halal (permissible) covers wājib, mandūb, mubah,and makrūh categories in the rulings of Islamic jurisprudence based on the personal situation of the subject matter. The outbreak of COVID-19across the globe hastriggered the quest for the scope of halal financing and management. Does the pandemic situation is enough justification for allowingfinancing of some non-permissible activities?This study aims to explore the principles of Rukhṣohin Islamic jurisprudence and its implication on the scope of funding halaltransactions amidst the COVID-19pandemic. This study is mainly qualitative-based research. The study employs a doctrinal approach in exploring the principles of Rukhṣohand Azīmah and their contemporary application to the scope of halal financing in the context of COVID-19. The study identifies the generalscope of halal (permissible) within the contextsof wājib, mandūb, mubah,and makrūh. The resultfurther suggests that even though Haram (forbidden) might be granted the Rukhṣohbased on specific circumstances, the Islamic juristsdifferin giving it the equal status within the halal scope exceptthat there isa waiver of punishment on the Mukhalaf (accountable person).The study out that many people might have violated contractual obligations because of the COVID-19pandemic. Thus, Islamic financial institutions should apply the Quranic inunction of "If the debtor is in difficulty, grant him time till it is easy for him to repay. But suppose ye remit it by way of charity. In that case, that is best for you if ye only knew" [Al-baqarah: 280]as respite and benevolence on loans to promote financial recovery of Muslim economy in the pandemic. Although there are studies on halal financing, this study is a novel contribution to the contemporary application of the concept of Rukhṣoh and Azīmah to halal financing amidst the COVID-19challenges
The growth witnessed by Islamic finance industry in the last decade has attracted investors acros... more The growth witnessed by Islamic finance industry in the last decade has attracted investors across the globe particularly in ṣukūk investment. Notwithstanding the success recorded, the incessant ṣukūk default cases have shown that sukuk is not immune to credit and moral risk among others. Thus, the nascent industry at a crossroad triggering questions and queries about the rights and protection of the ṣukūk holders in the event of default and bankruptcy. This study aims to explore the adequacy of regulation and supervision in default ṣukūk, explaining the concept of default, highlighting the causes of default ṣukūk, and its effects on stakeholders such as debtors and creditors. The study also analyzes sukuk default cases from the jurisdiction of Malaysia, United states of America and United Arab Emirate. The research adopts qualitative methodology through the triangulation approach to data gathering and analysis. The study relies on textual evidences and experts 'opinions in putting together some of the Islamic fundamental principles, maxims and criteria for protecting the right of creditors and debtors particularly in cross-border ṣukūk investment in Malaysia, UAE and USA. The study has found that in the remedial options in the event of ṣukūk default depends on the contractual document between the parties. The study has also discovered that the rating agencies and exiting jurisdiction law has a significant influence on the protection of investors' right in sukuk as implemented in Malaysia whose Islamic capital market is highly regulated to protect the ecosystem. The robust regulation and supervision in Malaysia is responsible for its success story compared to UAE. The study has discovered that the Dana gas debacle has triggered further consideration of tighter clauses to forestall moral hazard cause by shariah compliance argument. The study therefore recommends the need for the principal regulatory agencies to ensure the clauses are in compliance with shariah fundamental principles.
In recent time, there have been incessant Sukuk default cases which are posing a severe challenge... more In recent time, there have been incessant Sukuk default cases which are posing a severe challenge to the growth of the nascent Islamic finance Industry. Institutions and principal officers in the industry are often concern about appropriate mechanisms that can protect the right and interest of the Sukuk-holders without violating Shari’ah-compliant risk. It is significant to note that there is a difference between Sukuk default and default event. Sukuk defaults happen when the obligor fails in fulfilling their financial obligations as indicated in the contractual agreement. Default event is various circumstances that can trigger Sukuk default. Default event can be in the form of credit risk and moral risk. Cross-default is an example of a default event that has attracted the attention of legal and Shari’ah scholars. Scholars and experts are considering the juristic status of cross-default mechanism that can be used to protect the right and interest of creditors by juxtaposing it with...
Bullying is one of the most common forms of violence among students in the learning environment. ... more Bullying is one of the most common forms of violence among students in the learning environment. It is an intentional aggressive behavior situation performed repeatedly by a group or an individual over time against a victim who is unable to easily defend himself. There are three criteria for bullying among students: the first is the intention of aggression, then repeated act, and the imbalance of power against the interest of others. Studies have proven that over 30 % of students among peers have been victims of bullying behaviour, abuse of power and aggressiveness. In order to alleviate these threats to the peaceful coexistence of students, the social experts and decision-makers are more concerned in searching for a cure towards preventing aggressive behaviour among students during the academic period. Therefore, this research aims to put in place an integrated framework to prevent bullying between peers in schools in light of the higher objectives of SharīÑah. To achieve this goal, the concept of bullying and the reasons for its spread among students are clarified in this study. The descriptive and analytical approaches are employed to clarify the concept of bullying and its causes. Then the inductive approach is used to suggest effective solutions to it in light of the objectives of SharīÑah, especially those related to the preservation of the intellect and life. The research also highlights the negative effects of bullying on the personality of the bully, the victim of bullying, their academic performances and on the school community. Finally, in this paper, the researchers propose realistic solutions and effective prevention approaches to the decision makers, educators and parents in preventing bullying and abuse of power among students in schools and society.
International Journal of Fiqh and Usul al-Fiqh Studies, Jul 31, 2021
Bullying is one of the most common forms of violence among students in the learning environment. ... more Bullying is one of the most common forms of violence among students in the learning environment. It is an intentional aggressive behavior situation performed repeatedly by a group or an individual over time against a victim who is unable to easily defend himself. There are three criteria for bullying among students: the first is the intention of aggression, then repeated act, and the imbalance of power against the interest of others. Studies have proven that over 30 % of students among peers have been victims of bullying behaviour, abuse of power and aggressiveness. In order to alleviate these threats to the peaceful coexistence of students, the social experts and decision-makers are more concerned in searching for a cure towards preventing aggressive behaviour among students during the academic period. Therefore, this research aims to put in place an integrated framework to prevent bullying between peers in schools in light of the higher objectives of SharīÑah. To achieve this goal, the concept of bullying and the reasons for its spread among students are clarified in this study. The descriptive and analytical approaches are employed to clarify the concept of bullying and its causes. Then the inductive approach is used to suggest effective solutions to it in light of the objectives of SharīÑah, especially those related to the preservation of the intellect and life. The research also highlights the negative effects of bullying on the personality of the bully, the victim of bullying, their academic performances and on the school community. Finally, in this paper, the researchers propose realistic solutions and effective prevention approaches to the decision makers, educators and parents in preventing bullying and abuse of power among students in schools and society.
Real estate remains one of the most significant properties for personal use and investment purpos... more Real estate remains one of the most significant properties for personal use and investment purposes. Individual institutions and corporate bodies operate on real estate properties. In recent times, there have been several concerns among zakatable individuals and organizations on the shariah criteria for identifying zakatable real estate properties because of the difference between assets for personal use and commercial purposes. There is 'arūd tijārah (commodities for sale) such as real estate, land, car, and goods in real estate investment. On the other hand, 'arūd quniyyah, (durable properties) are intended for personal use such as a private house, private car, private vacation home. This study aims to conceptually analyze the concept of intention in Islam and its juristic interpretations to distinguish between zakatable and non- zakatable real estate properties. This study relies on the inductive approach in gathering and arranging data from classical and modern literatur...
Bringing benefit and repelling harm is one of the main objectives embedded in the divine law of S... more Bringing benefit and repelling harm is one of the main objectives embedded in the divine law of Shariah. The law of Shariah came in its entirety for the preservation of fundamental principles of Allah on the creation such as the five maqāsid al-shari‘ah principles. Since the dawn of the scientific revolution, genetic engineering has triggered several debates at different levels among the stakeholders. Clearly, there are opinions between the process of transformation and mere transmutation of the substance, some of which are subject to consensus and some differs. This study aims to analyze the juristic implication of the permissibility of using gelatin extracted from pig parts in the pharmaceutical industry. The study adopted the inductive approach to collect the information recorded in contemporary literature in this regard and then followed by a comparative analytical study to highlight the agreed and disagreed facts between Shariah sources and other sciences. The most important no...
One of the major challenges facing developing nations like Nigeria is the continuous increase in ... more One of the major challenges facing developing nations like Nigeria is the continuous increase in the level of poverty, which widens the gap between the rich and the poor amidst increasing population and economic growth. In Nigeria, there are scores of microfinance outlets but their operational products are yet to stem the tides of people falling into the poverty bracket. UNICEF reported that about 70.8% of Nigerians live on less than a dollar per day amidst the country's growing GDP. This rise in the level of poverty culminating from the uneven distribution of the national wealth continue to exacerbate economic instability and social insecurity in Nigeria. Government and other relevant bodies have continued to explore different kinds of solutions to minimize the multifarious challenges posed by the exponential rise in income disparity that has eating deep into the fabrics of the national economy. The micro financing structure has been proven to be helpful to stimulate greater financial inclusion of the low-income groups especially in developing economies. Focal among the many factors responsible for this challenge is the issue of interest charged by the banks to small and medium enterprises despite the rising rate of inflation. Meanwhile, the issue of transacting in riba is prohibited in Islam and some other religions because of its oppressive nature. This paper therefore proposes Ar-Rahn based credit facility aimed at ensuring that the unemployed, the poor and low income earners have access to non-interest based micro financing in Nigeria to aid their financial inclusion and achieve the broader objectives of microfinancing in Nigeria.
The Importance of New Technologies and Entrepreneurship in Business Development: In The Context of Economic Diversity in Developing Countries, 2021
Drop shipping entails movement of goods where a dropshipper as entity A, sells goods that are phy... more Drop shipping entails movement of goods where a dropshipper as entity A, sells goods that are physically stocked with entity B on a retail basis to a consumer using the online networking system. In Shari'ah, the permissibility of such business arrangement revolves around a fundamental concept of not selling what you do not own. There also exist information asymmetry between the parties where only the retailer merchant has more information than both the seller and the customer. Given its prevalence and increase patronage by Muslims, this study examined the permissibility of the dropshipping using juristic adaptation (Takyīf Fiqh) to ascertain the Sharī'ah compliance of the existing model. Analysis of the Shariah compliant issues in the transaction cycle show that the existing dropshipping model is not fully compliant with the Shariah. Thus, alternative Shari'ah compliant contract in Wakālah, Salam and Parallel Salam are proposed to validate the dropshipping model for entrepreneurs who opt for Shari'ah compliant approach.
The doubtful matters (umur al-mutashabihah) remain significant issues in the classification of ha... more The doubtful matters (umur al-mutashabihah) remain significant issues in the classification of halal and haram. The Muslim community is often concerned about the influence of doubtful matters on the activities of the subject of the law (mukhalaf). Although the tradition of the Prophet (PBUH) has expressed that "the lawful is clear and the unlawful is clear", yet there is a need to explain the position of Islamic jurist on the phrase "and between the two of them are doubtful matters about which many people do not know". There can be doubtful matter in the substance (At-Tashabuhu fi Al-aini). Also, doubtful matter can occur in earnings (At-Tashabuhu fi Al-kasbi) and the circumstances of the law's subject (Tashabuhu fi ḥāl). The level of awareness and concerns to consume halal products and services have triggered the search for understanding the reality of doubtful issues. The study is qualitatively based on employing doctrinal approaches in gathering library da...
The purpose of this paper is to analyse the prospects and challenges of the halal industry toward... more The purpose of this paper is to analyse the prospects and challenges of the halal industry towards achieving health, environmental, social and economic sustainable development goal. This study relies on qualitative approach to gather data from secondary sources. The paper uses doctrinal approach to analyse the relationship between halal industry, maqāṣid sharīʿah and the sustainable development goals. The increase in demand for halal products is due to greater awareness and religious consciousness of most consumers, particularly among Muslim nations. However, there have been rising concerns about how halal industry can achieve sustainable health, environment, social and economy development goals. Even though halal industry assures halal (permissible) food by forbidding swine and alcohol businesses, it also entails an end to end ṭayyib (wholesomeness) of the products and services for a sustainable ecosystem as imbedded in maqāṣid sharīʿah. This paper explicates useful issues and chal...
Proceedings of the International Conference on Emerging Media, and Social Science, 2019
This research examines disciplining the body of middle-class Muslim women by the beauty industry ... more This research examines disciplining the body of middle-class Muslim women by the beauty industry through halal cosmetics using an ethnomethodology approach. Several theories are employed in this research including the theory of sociology of body, gender perspective and the concept of capitalism. Results indicates that manipulation of the beauty industry places women as active consumers but remains passive at the same time because it cannot fight the flow of legitimacy of this body. The dependence of middle-class Muslim women on beauty products shows that women are now fully under the control of the beauty industry regime which continues to direct the discourse of beauty and women's appearance needs. The beauty of middle-class Muslim women has now been reproduced and discourse uniformly by the beauty industry through halal cosmetics. The implications of this research are this study is expected to contribute information and enrich the repertoire of social science especially sociology also for the development of research on women body, middle class and gender studies.
Al Hikmah International Journal of Islamic Studies and Human Sciences
The study discusses an optimal method for building moderate society through the higher objective ... more The study discusses an optimal method for building moderate society through the higher objective of Shariah, by employing the five essentials of goals of Islamic law based on the God Almighty command to His servants on righteousness, moderation and forbade them from excesses and corruptions. Islamic law prohibits extremism, intolerance, and extremism while it promotes respect among different cultural, religious, and civilization pluralism, and on the other hand, it renounces racism. The permissive people describe adherents of religion and moderation as hardliners, fanatics, and extremists against modern developments because of the permissive view that pornography contents should be permissible in religion as means of moral and civilization progress. They also claim that strict adherence to religious obligations leads to a lack of freedoms and compliance with global civilization. To this effect, Shariah law presents the ideal and best model for social organization and best human beha...
Entrepreneurship education has been identified as an important course of study that could directl... more Entrepreneurship education has been identified as an important course of study that could directly influence student personality, create unconventional talents and skills, and undoubtedly increase students’ propensity to become halalpreneurs. Due to this, Malaysian government has mandated entrepreneurship courses to be taught in public universities to purposely foster entrepreneur skills in youths and increase their willingness to start viable and sustainable business enterprises, since it is practically impossible to absorb graduates entirely in formal salary wage employment. While efforts have been made to reveal the entrepreneurial characteristics that could contribute to students’ propensity to become halalpreneurs, we are still not sure whether such finding is equally applicable to gender divide, particularly in Malaysia. Hence, this study intends to examine whether the effects of entrepreneurial characteristics on students’ propensity to become halalpreneurs are equally applic...
The primary purpose of this study is to investigate the key determinants and their impact on the ... more The primary purpose of this study is to investigate the key determinants and their impact on the organic food purchase intentions of the university students in Kuala Lumpur, Malaysia. Random sampling was carried out of 329 university students and quantitative questionnaire data was generated to inform the research about their attitude towards organic food. Multiple regression analyses show four determinants have significant influence on purchase intention. This study found out that environmental concern, convenience and price, subjective norms, religious intent and belief were discovered to be inherent motivating factors driving a growing preference for organic food over the conventional grown food, In contrast, factors such as health and government support policy failed to show any significant influence towards organic food purchase intention amongst the university students
Food insecurity has been on the rise since the emergence of the first COVID-19 lockdown due to lo... more Food insecurity has been on the rise since the emergence of the first COVID-19 lockdown due to low income, unemployment, sickness and disability. This situation may snowball into a perpetual socio-economic crisis, triggering insecurity in health care and political instability in the society. For instance, the COVID-19 lockdown has affected access to food kitchens, food banks, school lunch programmes and other social food initiatives for the needy and poor in the society. Food insecurity deeply affects people without a stable job, single mothers with limited income and unemployed heads of households with young children. Against these backdrops, this study explores the phenomenological interpretation of Quranic exegeses on Prophet Yūsuf’s food security strategy and action plan. The study has found that modern Islamic socio-economic principles are congruent with the food security model of Yūsuf (a.s.) in terms of even distribution of wealth and avoiding wastage and hoarding of essentia...
Oriental scholars discuss the concept of corporate personality without any reference to Islamic l... more Oriental scholars discuss the concept of corporate personality without any reference to Islamic law. A leading proponent of this view is Joseph Schacht; a western scholar of jurisprudence who contended that Islamic jurisprudence is limited to individual personality and devoid of corporate laws, hence, contractual agreements between corporations has no basis in Islamic law. Several scholars and researcher have responded with sufficient literature on the status of an artificial person in Islamic law, but there are still issues with the legal implication of corporate personality in the event of financial distress. This study aims to explore Islamic threshold on fundamental principles of corporate personalities and its contemporary applications in the situation of financial trouble. The study will employ the analytical approach in describing the essential characteristics of a corporation as inherent in Islamic law through interpolation from the natural person and the possibility of adapting the existing conventional bankruptcy laws. This study employs an analytical approach to Islamic literature and regular related works. The study found out that even though the concept of financial distress has basis in Islamic law, it remains complicated as it entails insolvency, bankruptcy and interdiction in a debtor-creditor relationship. Overall, further efforts need to be done to put these concepts into contemporary and applicable perspectives without violating Islamic fundamental principle of justice and fair dealings.
Halal (permissible) covers wājib, mandūb, mubah,and makrūh categories in the rulings of Islamic j... more Halal (permissible) covers wājib, mandūb, mubah,and makrūh categories in the rulings of Islamic jurisprudence based on the personal situation of the subject matter. The outbreak of COVID-19across the globe hastriggered the quest for the scope of halal financing and management. Does the pandemic situation is enough justification for allowingfinancing of some non-permissible activities?This study aims to explore the principles of Rukhṣohin Islamic jurisprudence and its implication on the scope of funding halaltransactions amidst the COVID-19pandemic. This study is mainly qualitative-based research. The study employs a doctrinal approach in exploring the principles of Rukhṣohand Azīmah and their contemporary application to the scope of halal financing in the context of COVID-19. The study identifies the generalscope of halal (permissible) within the contextsof wājib, mandūb, mubah,and makrūh. The resultfurther suggests that even though Haram (forbidden) might be granted the Rukhṣohbased on specific circumstances, the Islamic juristsdifferin giving it the equal status within the halal scope exceptthat there isa waiver of punishment on the Mukhalaf (accountable person).The study out that many people might have violated contractual obligations because of the COVID-19pandemic. Thus, Islamic financial institutions should apply the Quranic inunction of "If the debtor is in difficulty, grant him time till it is easy for him to repay. But suppose ye remit it by way of charity. In that case, that is best for you if ye only knew" [Al-baqarah: 280]as respite and benevolence on loans to promote financial recovery of Muslim economy in the pandemic. Although there are studies on halal financing, this study is a novel contribution to the contemporary application of the concept of Rukhṣoh and Azīmah to halal financing amidst the COVID-19challenges
The growth witnessed by Islamic finance industry in the last decade has attracted investors acros... more The growth witnessed by Islamic finance industry in the last decade has attracted investors across the globe particularly in ṣukūk investment. Notwithstanding the success recorded, the incessant ṣukūk default cases have shown that sukuk is not immune to credit and moral risk among others. Thus, the nascent industry at a crossroad triggering questions and queries about the rights and protection of the ṣukūk holders in the event of default and bankruptcy. This study aims to explore the adequacy of regulation and supervision in default ṣukūk, explaining the concept of default, highlighting the causes of default ṣukūk, and its effects on stakeholders such as debtors and creditors. The study also analyzes sukuk default cases from the jurisdiction of Malaysia, United states of America and United Arab Emirate. The research adopts qualitative methodology through the triangulation approach to data gathering and analysis. The study relies on textual evidences and experts 'opinions in putting together some of the Islamic fundamental principles, maxims and criteria for protecting the right of creditors and debtors particularly in cross-border ṣukūk investment in Malaysia, UAE and USA. The study has found that in the remedial options in the event of ṣukūk default depends on the contractual document between the parties. The study has also discovered that the rating agencies and exiting jurisdiction law has a significant influence on the protection of investors' right in sukuk as implemented in Malaysia whose Islamic capital market is highly regulated to protect the ecosystem. The robust regulation and supervision in Malaysia is responsible for its success story compared to UAE. The study has discovered that the Dana gas debacle has triggered further consideration of tighter clauses to forestall moral hazard cause by shariah compliance argument. The study therefore recommends the need for the principal regulatory agencies to ensure the clauses are in compliance with shariah fundamental principles.
In recent time, there have been incessant Sukuk default cases which are posing a severe challenge... more In recent time, there have been incessant Sukuk default cases which are posing a severe challenge to the growth of the nascent Islamic finance Industry. Institutions and principal officers in the industry are often concern about appropriate mechanisms that can protect the right and interest of the Sukuk-holders without violating Shari’ah-compliant risk. It is significant to note that there is a difference between Sukuk default and default event. Sukuk defaults happen when the obligor fails in fulfilling their financial obligations as indicated in the contractual agreement. Default event is various circumstances that can trigger Sukuk default. Default event can be in the form of credit risk and moral risk. Cross-default is an example of a default event that has attracted the attention of legal and Shari’ah scholars. Scholars and experts are considering the juristic status of cross-default mechanism that can be used to protect the right and interest of creditors by juxtaposing it with...
Bullying is one of the most common forms of violence among students in the learning environment. ... more Bullying is one of the most common forms of violence among students in the learning environment. It is an intentional aggressive behavior situation performed repeatedly by a group or an individual over time against a victim who is unable to easily defend himself. There are three criteria for bullying among students: the first is the intention of aggression, then repeated act, and the imbalance of power against the interest of others. Studies have proven that over 30 % of students among peers have been victims of bullying behaviour, abuse of power and aggressiveness. In order to alleviate these threats to the peaceful coexistence of students, the social experts and decision-makers are more concerned in searching for a cure towards preventing aggressive behaviour among students during the academic period. Therefore, this research aims to put in place an integrated framework to prevent bullying between peers in schools in light of the higher objectives of SharīÑah. To achieve this goal, the concept of bullying and the reasons for its spread among students are clarified in this study. The descriptive and analytical approaches are employed to clarify the concept of bullying and its causes. Then the inductive approach is used to suggest effective solutions to it in light of the objectives of SharīÑah, especially those related to the preservation of the intellect and life. The research also highlights the negative effects of bullying on the personality of the bully, the victim of bullying, their academic performances and on the school community. Finally, in this paper, the researchers propose realistic solutions and effective prevention approaches to the decision makers, educators and parents in preventing bullying and abuse of power among students in schools and society.
International Journal of Fiqh and Usul al-Fiqh Studies, Jul 31, 2021
Bullying is one of the most common forms of violence among students in the learning environment. ... more Bullying is one of the most common forms of violence among students in the learning environment. It is an intentional aggressive behavior situation performed repeatedly by a group or an individual over time against a victim who is unable to easily defend himself. There are three criteria for bullying among students: the first is the intention of aggression, then repeated act, and the imbalance of power against the interest of others. Studies have proven that over 30 % of students among peers have been victims of bullying behaviour, abuse of power and aggressiveness. In order to alleviate these threats to the peaceful coexistence of students, the social experts and decision-makers are more concerned in searching for a cure towards preventing aggressive behaviour among students during the academic period. Therefore, this research aims to put in place an integrated framework to prevent bullying between peers in schools in light of the higher objectives of SharīÑah. To achieve this goal, the concept of bullying and the reasons for its spread among students are clarified in this study. The descriptive and analytical approaches are employed to clarify the concept of bullying and its causes. Then the inductive approach is used to suggest effective solutions to it in light of the objectives of SharīÑah, especially those related to the preservation of the intellect and life. The research also highlights the negative effects of bullying on the personality of the bully, the victim of bullying, their academic performances and on the school community. Finally, in this paper, the researchers propose realistic solutions and effective prevention approaches to the decision makers, educators and parents in preventing bullying and abuse of power among students in schools and society.
Real estate remains one of the most significant properties for personal use and investment purpos... more Real estate remains one of the most significant properties for personal use and investment purposes. Individual institutions and corporate bodies operate on real estate properties. In recent times, there have been several concerns among zakatable individuals and organizations on the shariah criteria for identifying zakatable real estate properties because of the difference between assets for personal use and commercial purposes. There is 'arūd tijārah (commodities for sale) such as real estate, land, car, and goods in real estate investment. On the other hand, 'arūd quniyyah, (durable properties) are intended for personal use such as a private house, private car, private vacation home. This study aims to conceptually analyze the concept of intention in Islam and its juristic interpretations to distinguish between zakatable and non- zakatable real estate properties. This study relies on the inductive approach in gathering and arranging data from classical and modern literatur...
Bringing benefit and repelling harm is one of the main objectives embedded in the divine law of S... more Bringing benefit and repelling harm is one of the main objectives embedded in the divine law of Shariah. The law of Shariah came in its entirety for the preservation of fundamental principles of Allah on the creation such as the five maqāsid al-shari‘ah principles. Since the dawn of the scientific revolution, genetic engineering has triggered several debates at different levels among the stakeholders. Clearly, there are opinions between the process of transformation and mere transmutation of the substance, some of which are subject to consensus and some differs. This study aims to analyze the juristic implication of the permissibility of using gelatin extracted from pig parts in the pharmaceutical industry. The study adopted the inductive approach to collect the information recorded in contemporary literature in this regard and then followed by a comparative analytical study to highlight the agreed and disagreed facts between Shariah sources and other sciences. The most important no...
One of the major challenges facing developing nations like Nigeria is the continuous increase in ... more One of the major challenges facing developing nations like Nigeria is the continuous increase in the level of poverty, which widens the gap between the rich and the poor amidst increasing population and economic growth. In Nigeria, there are scores of microfinance outlets but their operational products are yet to stem the tides of people falling into the poverty bracket. UNICEF reported that about 70.8% of Nigerians live on less than a dollar per day amidst the country's growing GDP. This rise in the level of poverty culminating from the uneven distribution of the national wealth continue to exacerbate economic instability and social insecurity in Nigeria. Government and other relevant bodies have continued to explore different kinds of solutions to minimize the multifarious challenges posed by the exponential rise in income disparity that has eating deep into the fabrics of the national economy. The micro financing structure has been proven to be helpful to stimulate greater financial inclusion of the low-income groups especially in developing economies. Focal among the many factors responsible for this challenge is the issue of interest charged by the banks to small and medium enterprises despite the rising rate of inflation. Meanwhile, the issue of transacting in riba is prohibited in Islam and some other religions because of its oppressive nature. This paper therefore proposes Ar-Rahn based credit facility aimed at ensuring that the unemployed, the poor and low income earners have access to non-interest based micro financing in Nigeria to aid their financial inclusion and achieve the broader objectives of microfinancing in Nigeria.
The Importance of New Technologies and Entrepreneurship in Business Development: In The Context of Economic Diversity in Developing Countries, 2021
Drop shipping entails movement of goods where a dropshipper as entity A, sells goods that are phy... more Drop shipping entails movement of goods where a dropshipper as entity A, sells goods that are physically stocked with entity B on a retail basis to a consumer using the online networking system. In Shari'ah, the permissibility of such business arrangement revolves around a fundamental concept of not selling what you do not own. There also exist information asymmetry between the parties where only the retailer merchant has more information than both the seller and the customer. Given its prevalence and increase patronage by Muslims, this study examined the permissibility of the dropshipping using juristic adaptation (Takyīf Fiqh) to ascertain the Sharī'ah compliance of the existing model. Analysis of the Shariah compliant issues in the transaction cycle show that the existing dropshipping model is not fully compliant with the Shariah. Thus, alternative Shari'ah compliant contract in Wakālah, Salam and Parallel Salam are proposed to validate the dropshipping model for entrepreneurs who opt for Shari'ah compliant approach.
The doubtful matters (umur al-mutashabihah) remain significant issues in the classification of ha... more The doubtful matters (umur al-mutashabihah) remain significant issues in the classification of halal and haram. The Muslim community is often concerned about the influence of doubtful matters on the activities of the subject of the law (mukhalaf). Although the tradition of the Prophet (PBUH) has expressed that "the lawful is clear and the unlawful is clear", yet there is a need to explain the position of Islamic jurist on the phrase "and between the two of them are doubtful matters about which many people do not know". There can be doubtful matter in the substance (At-Tashabuhu fi Al-aini). Also, doubtful matter can occur in earnings (At-Tashabuhu fi Al-kasbi) and the circumstances of the law's subject (Tashabuhu fi ḥāl). The level of awareness and concerns to consume halal products and services have triggered the search for understanding the reality of doubtful issues. The study is qualitatively based on employing doctrinal approaches in gathering library da...
The purpose of this paper is to analyse the prospects and challenges of the halal industry toward... more The purpose of this paper is to analyse the prospects and challenges of the halal industry towards achieving health, environmental, social and economic sustainable development goal. This study relies on qualitative approach to gather data from secondary sources. The paper uses doctrinal approach to analyse the relationship between halal industry, maqāṣid sharīʿah and the sustainable development goals. The increase in demand for halal products is due to greater awareness and religious consciousness of most consumers, particularly among Muslim nations. However, there have been rising concerns about how halal industry can achieve sustainable health, environment, social and economy development goals. Even though halal industry assures halal (permissible) food by forbidding swine and alcohol businesses, it also entails an end to end ṭayyib (wholesomeness) of the products and services for a sustainable ecosystem as imbedded in maqāṣid sharīʿah. This paper explicates useful issues and chal...
. Drop shipping entails movement of goods where a dropshipper as entity
A, sells goods that are p... more . Drop shipping entails movement of goods where a dropshipper as entity A, sells goods that are physically stocked with entity B on a retail basis to a consumer using the online networking system. In Shari’ah, the permissibility of such business arrangement revolves around a fundamental concept of not selling what you do not own. There also exist information asymmetry between the parties where only the retailer merchant has more information than both the seller and the customer. Given its prevalence and increase patronage by Muslims, this study examined the permissibility of the dropshipping using juristic adaptation (Taky¯ıf Fiqh) to ascertain the Shar¯ı’ah compliance of the existing model. Analysis of the Shariah compliant issues in the transaction cycle show that the existing dropshipping model is not fully compliant with the Shariah. Thus, alternative Shari’ah compliant contract in Wak¯alah, Salam and Parallel Salam are proposed to validate the dropshipping model for entrepreneurs who opt for Shari’ah compliant approach
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Papers by Saheed Busari
A, sells goods that are physically stocked with entity B on a retail basis to a consumer using the online networking system. In Shari’ah, the permissibility of such
business arrangement revolves around a fundamental concept of not selling what
you do not own. There also exist information asymmetry between the parties
where only the retailer merchant has more information than both the seller and
the customer. Given its prevalence and increase patronage by Muslims, this study
examined the permissibility of the dropshipping using juristic adaptation (Taky¯ıf
Fiqh) to ascertain the Shar¯ı’ah compliance of the existing model. Analysis of the
Shariah compliant issues in the transaction cycle show that the existing dropshipping model is not fully compliant with the Shariah. Thus, alternative Shari’ah
compliant contract in Wak¯alah, Salam and Parallel Salam are proposed to validate the dropshipping model for entrepreneurs who opt for Shari’ah compliant
approach