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Money: It is a means of exchanging and accumulating goods and services and determining their value. From past to present, commodities such as wheat, dates, hides, spears, and axes; metals such as iron, copper, gold and silver, negotiable instruments such as suftece, papers such as banknotes, and digital assets have been used as money. While these money kinds used throughout history are generally classified as commodity money, metallic money, receipt money and fiat money in the economic literature, they are classified as hilqaten/created money and ıstılahî/terminologically money in fiqh literature. Hilqaten money are currency that have a dual nature as both goods and money, as they derive their value from their own intrinsic value. Those minted from gold were used in circulation as dinars, those minted from silver as dirhams, and those with a low contribution of other metals in these coins were used in circulation as magşuş (mağlûbu'l-gış) money. Istılahî money is money that has become a measure of value when people say, "This is money" and derives its real value from an external value, not from its own intrinsic value. Those minted from metals other than gold and silver were used in circulation under the names of fülûs and those with a more contribution of other metals in these coins were used in circulation as magşuş (ğâlibu'l-gış) and settûka. Paper money, which became widespread in the 19th century, was built within a system by the economically and politically powerful states of the period, and the way in which paper money would be put into circulation was determined by international principles. In this context, from the beginning, the world paper money system generally went through four phases and took its current form. These are respectively; pre-1875 bimetallism gold and silver standard; monometallism only gold standard from 1875-1944; between 1944 and 1973 it was the gold exchange standard and after 1973 it was only the paper money standard. Before 1875, paper money in bimetallism standard system, that is, banknotes, was put into circulation as representative money in exchange for gold and silver. In the monometallism standard between 1875 and 1944, banknotes were put into circulation as representative money only in exchange for gold. In the gold exchange standard between 1944 and 1973, known as the Bretton Woods system, paper money was put into circulation in exchange for the dollar, which derived its value from gold. Thus, banknotes were traded in the markets as representative money, taking their value directly from dollars and indirectly from gold. In the current paper money standard, which is called the flexible exchange rate system after 1973, paper money is used in circulation as fiat money, deriving its value from its purchasing power only to the extent of the power of the authority that puts it into circulation. In this context quality of being measure of value, structure and kind of banknotes which emerged and spread more recently than others are explicit at many points in the economic literature, they are controversial in Islamic law. In this article, it is examined whether banknotes qualify as money according to Islamic law and, if so, what type and structure of money they are. In this context, the history, theory, and types of money have been analyzed in the economics and Fiqh literature and banknotes was substantiated in Islamic law with consideration the international monetary system. As a result, banknotes are ıstılahî a measure of value, should be subject to ijtihad according to the way it is put into circulation and it has been determined that it is a separate money as paper money, unlike dinar, dirham, fulūs etc. In this respect, paper money, which was put into circulation as receipt money directly or indirectly in exchange for gold, silver or both before 1973, should be evaluated as ıstılahî money in terms of value measure but is hilqaten money in terms of provision; after 1973, namely today, paper money that is put into circulation as fiat money in a way that derives its value from the power of the authority that puts it into circulation should be evaluated as ıstılahî money in terms of both value measure and provision. [ABSTRACT FROM AUTHOR]

Inflation, which refers to the decrease in purchasing power, is one of the prominent problems of the global economy. This problem affects all contracts related to money. On the other hand, Islamic law's approach towards the prohibition of interest is closely associated with the contracts. Indeed, in contracts made with paper money, the legal status of the contract becomes controversial when there is a depreciation in the value of the money before the contract is fulfilled and the debt is paid. For example, some jurists, citing the fatwa of Abu Yūsuf (d. 182/798), one of the founding leaders of the Hanafi school, on the change in the value of fels used as coins in transactions, argue that in case of fluctuations in the value of paper money, payment should be made according to the value at the date of the contract. Meanwhile, others argue that Abu Yusuf's opinion does not extend to paper money. In this study, I will analyze these two approaches by applying the qualitative research method in social sciences. As part of the analysis of the subject, I will comprehensively present and evaluate the views and approaches that appear in the contemporary literature. Then, I will discuss Abu Yusuf's view regarding the cause and subject matter of the debt. Thus, I will highlight the position of this view in the Hanafi madhhab literature based on historical data. I will also show whether this approach is valid for today's paper money. The main argument of those who claim that Abu Yusuf's approach to fels includes paper money is that paper money, like fels, has a nominal value. This means that the depreciation that is taken into account in fels is also taken into account in paper money. Another argument is that the change in value that is taken into account in fels, which is used as coins in transactions, will be taken into account in paper money, which is used as the main currency today. On the other hand, those who do not accept this approach argue that fels cannot be considered qiyamī because it is semen, and Abu Yusuf's opinion is limited to fels used as coins in transactions. According to the available data, I consider the arguments of those who claim that Abu Yūsuf's opinion on fels does not extend to paper money as problematic. Because one of the reasons given by those who hold the latter view is that fels cannot be equated with today's paper money since it was a type of coin that completed the fractions of dirhams in transactions. For example, according to the well-known Egyptian historian al-Maqrizī (d. 845/1442), fels were used not only as coins but also as the main currency. Therefore, the fluctuations in the value of fels, which functioned as the main currency, should be evaluated within the framework of Abu Yūsuf’s view. In addition, some Hanafi jurists expanded upon Abu Yūsuf’s view. For example, Ibn Ābidīn (d. 1307/1889), one of the leading figures of the late Hanafi school, in his treatise on the issue, evaluated the debased dirhams (maghlūb al-ghāsh/ مغلوب الغش (in the category of fels. This shows that Abu Yūsuf's approach is also applicable to today’s paper money. Therefore, we can say that Abu Yūsuf’s view on fels is also applicable to today's paper money. This is because Abu Yūsuf, as stated by Ibn Ābidīn, claims that fels is not produced as money and therefore has a nominal value. As a result, according to Abu Yūsuf's opinion regarding the fluctuation in the value of paper money, it is understood that those who claim that payment should be carried out based on the value on the day of the contract have a more accurate attitude. [ABSTRACT FROM AUTHOR]

At the 2021 conference of the Society for the Study of Christian Ethics, Linda Woodhead presented a paper entitled 'Truth and Deceit in Institutions'. Amra Bone was then invited to deliver a response to this paper drawing on her knowledge of Islamic traditions and culture. This article is her response. The article highlights the importance the Qur'anic scripture gives to justice and neither distorting nor refusing to give testimony. It then briefly explores the Arabic term Kufr found in the Qur'an. Whilst more commonly interpreted to mean disbelief, this term literally means hiding or covering up truth. Dishonesty can therefore be equated to disbelief which makes it a very serious matter for Muslims. Therefore ethics determine that the road to greater institutional honesty must be adopted. In Islamic Law the end does not justify the means; rather the outcome rests with God alone and the responsibility given to men and women is to act honestly and ethically. For any institution or society to develop positively, every individual must play their part and take this responsibility seriously and not to rely on a few courageous individuals. [ABSTRACT FROM AUTHOR]

This article examines the Saudi government's refusal to introduce paper currency until 1956 against the backdrop of two developments: First, the composition of a number of treatises written by Muslim scholars in the late Ottoman and early Saudi Hijaz and Najd permitting use of the medium; second, the unsuccessful effort by several Muslim entrepreneurs to create formal banking facilities in the Hijaz between the 1920s and 1950s. Throughout these decades, as the Saudi regime repeatedly claimed that paper currency violated Islamic orthodoxy because it was a bearer of interest, these scholars argued forcefully for the medium's legitimacy by mobilizing the legal sources of their particular school of law (madhhab). This contrast reflects how the religious politics of the kingdom departed from both Ottoman precedents and other contemporary Islamic contexts in which paper currency was widely assimilated via the assent of Muslim legal scholars. The regime's tepid support for, or outright obstruction of, the creation of formal banking facilities that issued paper currency further exacerbated this divergence. In the end, because of such inconsistency it required technocratic institutions like the IMF and ARAMCO to introduce paper currency and a formal banking system into the kingdom from the mid-1950s. [ABSTRACT FROM AUTHOR]

When the National Islamic Front (NIF) regime came to power in Sudan in1989, the international community was alarmed. Among other things, the treatment of Sudan's minorities was a chief concern. For instance, in his ten-hour visit to Sudan in 1993, Pope John Paul II warned against imposing Islamic law on the country's large Christian population. The concerns about the NIF regime's treatment of minorities were due to its ideological background, since particular interpretations of Islamic law discriminate against minorities. The paper examines the regime's policies toward the largest ethnic minorities in Sudan. It illustrates that the regime's treatment of minorities lacked coherence toward both Christian and Muslim ethnic groups. Furthermore, it demonstrates that the regime's minority policies were the result of shifts in alliances that followed internal divisions within the regime. As the Islamist leadership fractured, the ruling faction sought to coopt new allies, including ethnic groups, to strengthen its position in the face of relentless opposition from ousted Islamists. The paper draws on material collected through fieldwork as well as secondary sources to make its claims. [ABSTRACT FROM AUTHOR]

This paper investigates the role of Islamic jurisprudence in creating and sustaining forms of social dependency in the oases of Tuwāt (in present-day southern Algeria). Drawing upon a series of fatwā s collections compiled between 1750 and 1850, I examine how Saharan legal scholars reinforced the structural hegemony of local elites and ensured their control over servile and semi-servile groups, particularly the Haratin population. The materials reveal that jurisprudential techniques and arguments were instrumental in fostering practices of subordination, most notably through the defense of exploitative sharecropping arrangements. The tendency of local jurists to uphold individual property rights de facto worked in favor of descent groups claiming genealogical and cultural superiority. It significantly contributed to the maintenance of unequal relationships between individuals and social groups in a society profoundly shaped by the trans-Saharan slave trade. [ABSTRACT FROM AUTHOR]

This paper relocates the study of contemporary Islamic law from state judiciaries and reformist polemics to the learning circles of late colonial Sudan. It focuses on the careers of two Mālikī jurists: ʿUthmān b. Ḥasanayn Barrī al-Jaʿalī (d. 1960) and Abū Ṭāhir Ḥasan Fāy al-Bijāwī (d. 1984). Hardly indifferent to the pressures of modernity, each attempted to resuscitate a Mālikī school beset by colonial reforms from above and revisionist critiques from below. A Sufi, political advisor, and traditionalist, al-Jaʿalī composed an homage to the "slavish imitation" of Mālikī jurists (taqlīd) that nevertheless admitted the intervention and frequent rebuke of its author. al-Bijāwī did the opposite, employing his expertise in ḥadīth to recast demands for dissolving legal schools (madhhab s) in a clever justification of Mālikī doctrine. Together they highlight examples of internal reform, as well as the significance of Africa's jurists, that remain understudied in the contemporary history of Islamic law. Less the dissolution of the madhhab than its resilience, they attest to the ways in which Mālikī scholars continued to defend the classical legal tradition long after its presumed demise at the hands of modernity. [ABSTRACT FROM AUTHOR]

This paper clarifies how human rights and refugee rights are protected by international human rights legislation. It explains the background of human rights principles and refugee legislation. Human rights breaches continue to be a threat to refugees' safe return, having historically played a significant factor in their departure. The essay demonstrates how human rights and refugee law are both protected by international human rights law. Publications on human rights and refugee law as well as relevant resources can be located on numerous academic websites using the secondary data collecting method. Between 2019 and 2024, PubMed, Google Scholar, and Science Direct have been used to conduct literature searches. Selected secondary data make clear that refugee protection must drastically change to focus more on problem solving. The study's findings clarify that, in contrast to international human law, which is only relevant in times of armed conflict, human rights law is always applicable, regardless of whether there is a state of peace or war. Based on the findings of this study, it is concluded that a human-rights based interpretation of refugee law implies that it is time to make a concerted effort to balance receiving states' legitimate interests with the ongoing need of refugees to be guaranteed access to safety and a dignified existence. [ABSTRACT FROM AUTHOR]

Purpose: Integrated reporting (IR) is to convey the integrated thinking (IT) process in creating value for organisations. Drawing from the framework of Maqasid Shariah, the paper seeks to propose a framework for measuring value creation for Shariah-compliant Companies (ShCCs). Methodology: Based on the existing literature on the performance of companies, this paper explores the measurements of value creation, which is arguably the consequence of integrated reporting and integrated thinking in an organization that matches the framework of Maqasid Shariah. This issue is examined by looking at the context of ShCCs in Malaysia. Findings: The findings support the contention by Shariah Enterprise Theory, which is the extension of legitimacy and stakeholders' theory. The various measurements of value creation can be classified under the broad classification of Abu Zahrah (1997)'s Maqasid Shariah framework. Contributions: This paper enhances the understanding of value creation from the perspective of Islam, thereby contributing to meeting the initial aim of ShCCs classification, which is to fulfill the need of Muslim stakeholders. Additionally, the proposed framework provides measurements of value creation based on the Maqasid Shariah framework that can be used in future research. [ABSTRACT FROM AUTHOR]

This research paper presents a comprehensive comparative analysis of the rights of prisoners in Pakistan, with a special focus on the alignment of these rights with Islamic law and international human rights standards. The study is motivated by the increasing concern over reports of human rights abuses in Pakistani prisons and aims to provide a thematic understanding of prisoners' rights within this specific context. The methodology adopted for this research is descriptive and involves a critical analysis of international human rights instruments, Pakistani laws, and Islamic teachings. The study also incorporates case studies and real-life instances to provide a grounded perspective on the practical application of these laws. The paper begins with an overview of the current state of prisoners' rights in Pakistan, outlining the existing legal framework and the realities within the prison system. It then delves into an analysis of prisoners' rights as delineated in Islamic law, emphasizing the humane treatment of prisoners and their access to legal representation, healthcare, and education. This is followed by a discussion of international human rights standards, particularly the Mandela Rules, and their application to the treatment of prisoners. A significant part of the research involves a comparative analysis of the rights of prisoners in Pakistan against the backdrop of Islamic law and international standards. This comparison highlights both congruities and disparities, underscoring the challenges in implementing these rights within the Pakistani context. The paper also presents case studies that illustrate violations of prisoners' rights in Pakistan, emphasizing the urgent need for reform. The conclusion and recommendations section synthesizes the findings, advocating for the implementation of Islamic law and international human rights standards in the Pakistani penal system. It calls for improvements in existing laws and policies to better safeguard the rights of prisoners. The study highlights the need for comprehensive reforms, increased awareness, and advocacy to bridge the gap between policy and practice in the protection of prisoners' rights in Pakistan. [ABSTRACT FROM AUTHOR]

Community leaders in culturally and linguistically diverse (CALD) communities in Australia, particularly Afghan migrant communities, may play an important role in understanding and responding to family violence. This paper explores the role and perspectives of religious and community leaders in the Afghan community in South Australia in relation to preventing and responding to family violence. It is argued that these leaders play a pivotal role in their community as they can act as gatekeepers between their own and the Australian community. This paper concludes that it is imperative that governments and the legal system engage with CALD communities to better understand faith related factors such as the relevance of Islamic law and culture for Afghan Muslim communities in South Australia. At the same time, the education of the broader Australian and Afghan communities and their religious and community leaders in both Islamic law and the Australian legal system is a vital factor in combating and reducing family violence. [ABSTRACT FROM AUTHOR]

The widespread adoption of the tawarruq contract by Islamic banks in their deposit and financing offerings has spurred the emergence of mushārakah mutanāqisah as an alternative for Islamic property financing. Affin Islamic Bank Berhad is among the Islamic banks that offer mushārakah mutanāqisah as the core Shari‘ah contract in their Islamic property financing services. This type of financing is offered to customers for completed properties and those that are under construction. In the context of Islamic property financing, mushārakah mutanāqisah refers to a structure where the customer assumes the role of the registered property owner while the bank holds ownership shares in the form of beneficial ownership. Bank Negara Malaysia (BNM) has released multiple Policy Documents regarding Shari‘ah contracts as guidelines to ensure uniformity in the application of Shari‘ah contracts across Islamic financial products and services. Islamic banks are required to adhere to these guidelines, including the mushārakah mutanāqisah. Thus, this paper intends to study the application of mushārakah mutanāqisah in property financing based on Affin Islamic Bank’s experience in adopting the related Policy Documents issued by BNM. The findings from this paper would shed light and provide valuable insights into implementing the related guidelines to mushārakah mutanāqisah and its impact on the Islamic finance industry in Malaysia. Document analysis approach was used to analyse library data gathered from previous studies and relevant policy documents. [ABSTRACT FROM AUTHOR]

Abstract: This article contributes to the literature on Islamic institutional history by examining how the discounting of documents in Islamic legal practice constrained the organization of early modern Muslim trade. It is argued that the reliance on literacy, on the one hand, and an Islamic legal framework, on the other, gave early modern Muslim traders a comparative advantage in economic organization, but the lack of faith in paper as documentary evidence in Islamic law posed fundamental constraints to the development of Muslim economies. [Copyright &y& Elsevier]

This article examines the legal concept of joint public property within Islamic jurisprudence. The paper aims to elucidate the nature of this form of property and its relationship with other types of ownership. Additionally, the article seeks to underscore the significance of joint public property in promoting equity in the utilization of lawful resources, safeguarding the rights of individuals, and advancing the common welfare. Moreover, the paper scrutinizes the various categories of permissible items in Sharia law and the divergent views of jurists regarding them, supported by evidentiary sources. Finally, the article conducts a thorough analysis and comparison of these opinions to arrive at the most accurate interpretation of Sharia standards. [ABSTRACT FROM AUTHOR]

Each market economy uses monetary policy to attain certain macroeconomic goals of price stability, higher growth and employment. A market economy having an interest-based conventional banking system applies mainly interest-based tools to attain the objectives of monetary policy. In contrast, a market economy with interest-based and interest-free banking needs to apply Shariah-compliant monetary instruments vis-à-vis conventional tools for attaining the goals of the monetary policy. As there is a paucity of quality research on Sukuk-based monetary policy, the current paper will explore Shariah compliant monetary instrument 'Sukuk' for use as a monetary tool in dual banking, examining experiences of Shariah-based monetary operations in different countries. The paper will also examine the challenges of monetary policy operating in the dual banking system of Bangladesh with policy options for addressing the challenges. [ABSTRACT FROM AUTHOR]

The call by the Islamist scholars for an Islamic state governed by the sharia law has given rise to the criticism that Islamic state would involve the discrimination of religious minorities and their reversion to inferior or second-class status. In this paper, the Islamic discourse on non-Muslims living in an Islamic state is examined under two trends: Islamist and the New Islamist trend. This paper is an attempt to highlight and understand the Islamic discourse on the citizenship of non-Muslim minorities. It will also contribute to how this discourse has changed over time. More importantly, it will put forth the efforts made by New-Islamist scholars who associate themselves with wasatiyyah movement to reconcile the Islamist and modern concept of citizenship. Notwithstanding, the objectives of this paper is threefold: to discuss the relationship between Muslim majority and non-Muslim minority in a proposed Islamic state; to identify the basic rights such as freedom of religion and other rights, that are available to non-Muslims residents of an Islamic state; and to assess how far the new-Islamist scholars have been successful in reconciling the traditional Islamist discourse with the modern nation-state notion of citizenship. [ABSTRACT FROM AUTHOR]

The linguistic categories (aqsām al-lafẓ) of Islamic Jurisprudence (Uṣūl al-Fiqh) have recently become a source of interest to both Arabic linguists as well as scholars of Islamic Law. There seems to be a widespread tendency, however, among contemporary scholars to approach to them without any concern to highlight aspects where they are similar to, or different from, each other, unless such a comparison was already made in classical manuals of Islamic Jurisprudence, even where the occasion demands the otherwise. One such occasion concerns muštarak and muškil, the two linguistic categories that fall under the first and the second linguistic categorizations respectively. While uṣūlīs compare muštarak with its co-subcategories (e.g. khāṣṣ) and muškil with its co-subcategories (e.g. khafī), they do not compare muštarak and muškil with each other despite the striking similarities between them. These similarities might compromise the integrity of the linguistic categorization due to the seeming existence of two separate categories for what appears to be the same concept. Therefore, there is a need to analyze the two categories in a comparative way to establish the nature of the relationship between the two, which is an issue, to the best of my knowledge, that has never been addressed in the previous literature, thus constituting an important gap that needs to be filled. The need to fill this gap becomes more urgent as the contemporary works that discuss muštarak and muškil define these two categories almost identical, sometimes even providing the same examples for each one of them, without noting the nature of the difference between them, which epitomizes the degree of misunderstanding which this gap in the classical literature can lead to today. In an attempt to fill this gap, this paper provides, for the first time, a comparative analysis of muštarak and muškil. Falling back upon classical manuals of Islamic Jurisprudences within the Ḥanafī school, the present work argues that the difference between muštarak and muškil is that in the case of muškil, the assigned meanings of a given ambiguous expression has not yet thought through and requires two types of inquiries, namely ṭalab, which is to list the assigned meanings in use, and taʾammul, which is to determine which one of the assigned meanings of the ambiguous expression is meant on a given speech/writing occasion. However, in the case of muštarak, the assigned meanings of a given ambiguous expression have already been worked out and therefore are already known by the addressee(s) on a given speech/writing occasion, thus requiring only the inquiry of taʾammul. Therefore, this paper further argues that after its meanings in use are determined through taʾammul, muškil turns into muštarak. In this regard, muškil expression can be said to be an earlier version of muštarak, just as muštarak can be referred to be an earlier version of muʾawwal after one of its assigned meanings are preponderated upon through taʾwīl. [ABSTRACT FROM AUTHOR]

Islamic law provides a sense of justice including in the threat of sanctions for crimes committed, Islamic law places punishments commensurate with the crimes so as to create a sense of deterrent effect for perpetrators and society. Including the death penalty. This paper raises two issues that will be discussed, namely: How is the contribution of Islamic law in determining death penalty laws in Indonesia and how is the legal politics of death penalty provisions applicable in Indonesia based on Pancasila? The Normative Juridical Approach is used as the writing technique of this research. This study aims to conduct legal research using library materials, secondary data, and original data as additional data. From the discussion of this paper, it can be concluded that the existence of Islamic law, especially regarding the death penalty in Indonesia, has a very strong contribution to punishment in general in Indonesia. Because Islamic law, especially in the case of the death penalty, determines the appropriate punishment for the perpetrator, and because of the legal politics of the death penalty, which is understood as the direction of legal policy regarding the death penalty, this includes the state. policies on how the death penalty is carried out and how it should be carried out. [ABSTRACT FROM AUTHOR]

Islamic financial contracts necessarily need to abide by Shariah principles. As such, some contracts have been introduced for risk-hedging real transactions that differ from those seen in conventional financial markets. In this paper, we examine two such products, Al-Urbun and Al-Istijrar, and determine fair prices for both the Al-Urbun and a class of Al-Istijrar under the Black–Scholes framework. [ABSTRACT FROM AUTHOR]

Opinions about animals vary across different religions and cultures worldwide. As the population increases, people are consuming a wider variety of foods to achieve unique tastes and pleasures. The rising trend in the consumption of marine creatures as food has evolved over time to meet human needs. Throughout history, marine animals and their various components have consistently been part of human diets. Islam does not directly impose Shari'a obligations on animals. Instead, it recognizes that different animals are created with distinct natures and guides them according to these inherent characteristics. Consequently, animals live according to their instinctive and natural awareness. Since animals are not directly addressed by Shari'a, there are no specific Shari'a guidelines regarding what animals should eat. However, when human intervention in animal feed could affect the sanctity of human food derived from these animals, Shari'a provides guidance. This paper aims to clarify the Shariah quality of marine animal feed in terms of sanctity, examining perspectives from both ancient and modern jurists. Using descriptive and analytical research methods, this analysis presents the views of classical and contemporary jurists on the subject. [ABSTRACT FROM AUTHOR]

The awareness to fulfill the rights of people with disabilities (PWDs) in Indonesia has increased significantly recently. To address concerns regarding the rights of individuals with disabilities, Indonesia's two most prominent Islamic organizations (Nahdlatul Ulama and Muhammadiyah) have released fatwas on Islam and disabilities. NU published Fiqih Penguatan Penyandang Disabilitas, while Muhammadiyah prepared its Fikih Difabel. Previous studies have neglected a critical area of intersection between Islamic law, women, and disability issues. This article explores the contribution of women with disabilities in formulating these fatwas and how they tackle problems relevant to women with disabilities. Based on textual analysis of those fatwa and field research, the paper argues that although women with disabilities have been involved in the drafting, their participation has been limited. Only a few were engaged in making NU's Fiqih Penguatan Penyandang Disabilitas; only limited types of disabilities were involved in Muhammadiyah's Fikih Difabel. As a result, this study found that the fatwas on the issues related to women with disabilities are comparatively less extensive. They leave room for developing a more women-friendly Fikih Difabel in the future. [ABSTRACT FROM AUTHOR]

This study aims to investigate the meaning of Standard No. 1 in the AAOIFI Sharia Standards regarding the distinction between the binding promises of the two parties to currency trading and the binding promise from one party in it, and the extent of currency trading's legality considering Sharia's objectives. The paper relies on the classical and contemporary literature on AAOIFI Standard No. 1 and currency exchange and trading. It uses both inductive and descriptive-analytical methods and adopts a qualitative content analysis method to describe the elements that make up the framework. The difference between a binding promise between two parties and a binding promise to exchange currency by one party is incorrect, because there is no real difference between the two. Owing to economics and Islamic law, "trading in currencies" and "exchanging currencies" do not have the same value. Most currency trade is speculation, which leaves the real economy open to the hopes and greed of a large group of speculators. The study is unique because it is one of the first to try to highlight the legal difference between a binding promise from a single party and multiple parties, evaluate it, and propose a new way to explain the difference that meets the goals of Sharia in currency trading. The researchers suggest framing the issue of difference as follows: in terms of what is illegal, there is no difference between promise binding in currency trading and promise binding on only one side. [ABSTRACT FROM AUTHOR]

In the Greek region of Thrace, the category of Muslim "Minority" citizen has long had social and legal consequences. But is it possible to evade minority status by avoiding recognition as a Muslim? This paper analyzes two representations of "passing" – attempts to access majority status or rights by avoiding classification as Muslim. The first, a Greek TV drama, depicts a young man's social passing as he struggles to conceal his Minority identity. The second – an example of legal passing – depicts a man avoiding legal classification as a Muslim to have his estate administered under Greek civil rather than Islamic inheritance law. Analyzing "passing" across these contexts illuminates anxieties around minority legibility and how legal and social practices intersect to regulate identity and rights. This analysis problematizes how popular culture representations may unsettle or reinforce the idea of Muslims as a discrete, separately administrable, population of citizens. [ABSTRACT FROM AUTHOR]

The paper aims to answer the question if and under which conditions a talaq performed in an Islamic state may be recognised in European states. The authors provide an analysis of various forms of talaq performed in different Islamic states and reach conclusions on the effects that may be recognised in Europe, with an outlook towards a possible uniform approach. The recognition of talaqs in England and Wales, Germany and Bosnia and Herzegovina are used as examples for different solutions to similar problems before European courts. The EU legislator has not adopted a uniform approach to the application and recognition of talaqs in the EU. The CJEU got it wrong in Sahyouni II and missed the opportunity to contribute to a uniform EU policy but its subsequent decision in TB opens the door for the CJEU to overturn Sahyouni II if another case concerning a non-EU talaq divorce comes before them. The Hague Divorce Convention of 1970 is an international instrument that provides for appropriate solutions. Ratification by more states in which a talaq is a legally effective form of divorce and by more European states would provide the much-needed security for families moving from Islamic states to Europe. [ABSTRACT FROM AUTHOR]

This paper presents a comprehensive review and proposes prospective research directions for the establishment of a patient-centered hospital in Malaysia that aligns with the principles of maqasid syariah. The integration of maqasid syariah, which encompasses the higher objectives and goals of Islamic law, with patient-centered care aims to create a healthcare environment that prioritizes the well-being and needs of patients while adhering to Islamic ethical principles. The review encompasses an analysis of the key principles of maqasid syariah, including the preservation of life, human dignity, justice, and holistic well-being. These research directions encompass various aspects, including healthcare facility design, communication strategies, equitable access to care, ethical considerations, and the integration of spirituality in healthcare. The outcomes of this research are expected to contribute to the advancement of healthcare practices in Malaysia by integrating Islamic values and patient-centered care principles in developing a framework that can be done in future. The proposed patient-centered hospital will not only provide high-quality care but also ensure the preservation of life, uphold human dignity, promote justice, and address the holistic wellbeing of patients. [ABSTRACT FROM AUTHOR]

Makāteeb is plural of Kitāb, which literally means to write. Terminologically, the word Makāteeb is also used for letters and magazines. In this paper, the letters written by Shah Mazharullah Dehlawī, who died in 1966 AD, to his disciples, his style of training, the contents of the letters and especially the Aorād O Wazaif ordered in them will be covered. Their sources have been collected and determined and their Shariah status and legal position have been discussed by reviewing the reduction and numerical determination of words and words in order to help in understanding that what is the position and rank of the Aorād o Wazaif in Islam and what are their limits and restrictions. Are they obligatory like prayer, Fasting, Hajj and Zakāt or are they in the scope of Mustaḥab and Mustaḥsan? [ABSTRACT FROM AUTHOR]

Salafi-jihadis have a reputation of being conservative in the application of Islamic law and stringent in their legal rulings, whereas their traditional counterparts, the Salafi-taqlidis, are known to be less conservative and more lenient. Interestingly, in discussing the permissibility of becoming a naturalized citizen in an infidel country, a matter with serious ramifications under the doctrine of al-walāʼ wal-barāʼ, Salafi-jihadis and Salafi-taqlidis swap roles. While Salafi-jihadis adopt a lenient position, and allow Muslims to become naturalized citizens of infidel countries, Salafi-taqlidis prohibit Muslims from doing so. The current study outlines the Salafi debate about the lawfulness of obtaining citizenship in a non-Islamic country and reveals the curious twist that accounts for the unusual role-reversal on this matter between Salafi-jihadis and Salafi-taqlidis. This paper demonstrates that the Salafi-jihadis' unyielding conservatism in defining which countries qualify as "truly" Muslim regimes and which do not, results in a lenient approach to naturalization. Conversely, the Salafi-taqlidis' more flexible approach to defining which countries are "truly" Muslim results in their surprising prohibition against naturalization. [ABSTRACT FROM AUTHOR]

The 2022 Supreme Court decision Jackson v Dobbs overturned Roe v. Wade, which provided federal protection to reproductive rights. The Dobbs decision catalyzed reactions from across the American landscape. This is especially true in different segments of American religious thought. One interesting phenomenon increasingly seen in minority religious groups is the bifurcation of intrareligious principles, whereby the religious permissibility of abortion and, to a larger extent, reproductive rights are presented in a binary fashion, facilitating internal conflict and tension within religious groups. One such example is the religious discourse ubiquitous in both the theological and legal realm in the American-Muslim community. The conservative American-Muslim position (i.e., high constraints on abortion) that claims to stem from traditional authority tends to oppose orthodox scholarly consensus, which in fact, aligns more with liberal viewpoints (i.e., low constraints on abortion). How can one make sense of this misalignment? The following paper will provide the legal and theological framework for this discussion, with an introduction to the concept of "Normative Communal Conservatism", which seeks to explain this seemingly contradictory perspective. [ABSTRACT FROM AUTHOR]

From the 60s of the 20th century, the works of Sayyid Quṭb have enormous influence on the thought of Muslim youths and Islamists. The core message of his works is establishing the supremacy of Islamic law in all facets of life and outright condemnation of the subsisting order of the day concerning the political and socio-economic operations in Muslim nations. The effect of his thoughts on Muslim youths is visible in the resurrection of Islamists who have become a thorn in the flesh of political dictators and autocratic monarchs in Arabia. As part of efforts to neutralize the effects of Quṭb’s works on the ever-increasing Muslim youths in Saudi particularly and the Muslim world at large, Rabi’u Madkhali, a senior Salafi diehard with much influence in Madinah, kickstarted the project of refuting what he termed as "theological deviations” and “rebellious approach” in Quṭb’s thoughts. His works have given birth to a large number of Muslim youths who dedicate an extraordinary commitment to pathological hatred for Quṭb, his works, associates, and students. This article aims to criticize some submissions of Madkhali on Quṭb’s thought. The article which is library-based adopts an analytical method of research. Two issues, which include law enactment in a Muslim state and the abolition of the slavery system, are selected. The paper found that Madkhali’s refutations are highly characterized by accusations that need unequivocal proof, misinterpretation of Quṭb’s statements, and emotional submissions. It recommends further investigation into other Madkhali’s refutation of Sayyid Quṭb. [ABSTRACT FROM AUTHOR]

This paper provides a genealogical overview of discourses pertaining to emancipation within Islamic thought. I demonstrate how classical Islamic scholarship developed a tradition in which a clear emancipatory ethic can be located. Further, I explore how emancipation came to be read as anticipating the abolition of slavery in the contemporary period through focusing on the work of Muhammad Abduh. Finally, I discuss the potential engagements between Islamic notions of emancipation and contemporary discourses pertaining to prison abolition. I argue that the strong emancipatory ethic found within the classical legal tradition would not abide by the exploitative prison systems found across various nations. Engaging Islamic law through a Liberation Theology framework, I claim that a serious engagement with prison abolition discourses is a natural continuation for a tradition with such a strong precedent of emancipatory impetus. [ABSTRACT FROM AUTHOR]

Sukuk is the Arabic term for financial certificates, which are also commonly referred to as Shariah-compliant bonds. Sukuk was developed as an alternative to conventional bonds, which are considered by many Muslims to be impermissible because they involve elements which are prohibited or discouraged such as usury (riba), uncertainty (gharar) and gambling (maisir). The paper adopts qualitative research methodology which relies on secondary data in form of textbooks, journals, newspapers, related websites etc. After discussing the concept of Sukuk that covered topics such as overview of sukuk; classifications of sukuk; types of sukuk; Shariah issues in Sukuk etc. it is found that sukuk securities are structured to be Shariah compliant by distributing profits and not interest, and generally include a tangible asset in the investment. For example, sukuk securities may be partial ownership of a property built by the investment company (and held in a special purpose vehicle) so that the sukuk holders can collect the property's profits as rent (which is permissible under Islamic law). However, there are still various Shariah issues in the different types of sukuk in the market. [ABSTRACT FROM AUTHOR]

This paper explores the rights granted to children in custody matters in Pakistan as per the law. Its aim is to examine the provisions of the Guardian and Wards Act of 1890 (hereinafter referred to as Act 1890) and Islamic law, analyzing judicial precedents to identify any loopholes and deficiencies. Additionally, the research paper focuses on highlighting the gaps and deficiencies present in the provisions concerning child custody in Pakistan. It argues that the Act 1890 grants domestic courts broad discretionary powers when dealing with custody disputes, leading to inconsistent judgments. Given the importance of custody in determining a child's welfare after parental divorce, it is concerning that Pakistan lacks comprehensive laws regarding the rights of children to be heard and give consent in such disputes. The Act of 1890 provides limited guidance on the rights of children to be heard and give consent in custody disputes, leaving it largely up to the court's discretion, which often leads to conflicting rulings. Due to the lack of clear legal provisions in the Act, parties involved in custody issues have to rely on case laws to find guidelines. The paper will propose specific measures to reconcile the existing fragmented practices. It will also suggest laws and remedies implemented by other developed countries worldwide to address the gaps and loopholes in the provisions of the Act of 1890, ultimately aiming to improve the well-being of children involved in custody disputes. [ABSTRACT FROM AUTHOR]

The question of why Islamic 'civilization' declined, and the theories proposed to provide an answer to that question constitute a significant topic of discussion within the field of Islamic studies. This paper focuses on one of the theories advanced to deal with this important question, a theory which claims that 'the all-embracing Islamic law was one of the primary causes behind Islamic civilization's decline and its inability to revive'. In an effort to scrutinize the integrity of this theory as it is presented by Saunders, the present work analyzes relevant literature. This paper finds that such a theory relies heavily on certain assumptions of 18th and 19th century Orientalists. Most importantly, it argues that such a theory is self-contradictory because if it was Islamic law that caused the decline of Islamic 'civilization,' it could have not allowed it to rise in the first place. [ABSTRACT FROM AUTHOR]

Al-azimat and rukhsat is one of the most important topics nowadays and should be Written on a scientific level, because in recent time objections to the religion of Islam have become commonplace. Moreover, there numerous non-Muslims have been converted to Islam in non-Muslim countries. The purpose of this research paper is to compassion and facilitation under Islamic law, and to describe the rules and regulations dealing with Azam and rukhsat. This research paper is based on librarian methodology, and for collecting the data we have used Various books and libraries. At the end as result we can say that Islam allowed Muslims to use Azam and Rukhsat when they face hardship. [ABSTRACT FROM AUTHOR]

This paper intends to unravel the idea, the history, the theological understanding and the socio-cultural influences on the idea of "Talaq" in general and "Instant Triple Talaq" in particular. The paper also unearths the possibilities of the misuse, misinterpretation and politicization of the concept which have taken place at various historical junctures. At empirical level, the paper attempts to draw the attention toward the perception and opinion of the Muslim women through the structured questionnaire regarding the Instant Triple Talaq and Triple Talaq Act enacted by the Government of India. The study focuses on how the existing power structure in the Muslim community and the deeply rooted cultural practices that in a way were antithetical to the basic Islamic beliefs have shaped the lives of Muslim women in India. The study does not find the Triple Talaq Act passed by Indian parliament as something constructive, rather regards it as interference on part of state institutions into the religious affairs of a particular community. The study finally draws a parallel between the literate and illiterate strata of Muslim women and their perception toward the Triple Talaq Act. [ABSTRACT FROM AUTHOR]

This paper provides a comprehensive analysis of the findings in current research focusing on the implementation of Islamic law in Europe. It explores the concept of fiqh al-aqalliyyāt (minority jurisprudence) or context-specific jurisprudence and how it is debated and contested in Europe. While shedding light on a normative application of Islamic law, the paper focuses on the role and work of European Council for Fatwa and Research (ECFR) and how it has made an important contribution to addressing issues related to Muslim communities by issuing fatwas based on the methodology of fiqh al-aqalliyyāt. Since a wide range of actors both in Europe and the Islamic world currently voice calls in favour of integration of Muslims in Europe as opposed to assimilation and segregation, the paper attempts to understand the specific grammar of this integration talk and how it translates into fiqh discourse produced by the European Council for Fatwa and Research (ECFR). [ABSTRACT FROM AUTHOR]

The purpose of this paper is to review the findings of a review of the academic literature on Islamic financial technology that has been carried out in the field of Islamic financial technology. The aspects studied in Islamic Finance Fintech with cryptocurrency regulations, compliance and tax policy laws and finally identify other influences such as opportunities and Islamic financial technology that Islamic financial institutions can learn from global fintechs around the world. This study collected 150 journals. Based on the inclusion and exclusion criteria, 79 research papers and publications were used in this systematic literature review. This paper offers a thorough analysis of the study. This study classifies Islamic Financial Technology with regulation/compliance in Islamic law and taxation. Throughout our review, we also found barriers to cryptocurrencies in Islamic law and found several countries have tax policies for cryptocurrencies. This study will greatly advance the understanding of Islamic FinTech among academics, companies, regulators, investors, and other FinTech users. The results of this study are expected to be useful in understanding Fintech (cryptocurrency-based technology) from the point of view of sharia and taxation rules in Indonesia. [ABSTRACT FROM AUTHOR]

Recent developments in genomic technology, especially those enabling gene editing, promise to put an end to hitherto intractable medical problems and to usher us into the age of personalized medicine. These technologies, however, raise a number of serious ethical challenges. Given the global impact of this technology, recent international regulations emphasize the need for intercultural dialogue on these ethical issues. This paper concentrates on Islamic perspectives on human genetic modification. It examines Islamic juristic discourses on the issue of genetic modification and highlights the different layers within these discourses. The paper identifies the main positions regarding human genetic modification along with the underlying arguments for each of them. In general, these positions are articulated in light of the nature as well as the intended objectives of the different procedures. The paper devotes special attention to the treatment‐enhancement distinction and argues that within Islamic discourses this distinction is quite nuanced. The paper points out important substantive and methodological gaps and emphasizes the evolving nature of Islamic discourses on this issue. [ABSTRACT FROM AUTHOR]

Islamic finance has gained prominence in the global finance landscape as an alternative to conventional banking systems. The emergence of Islamic finance has led to the development of financial products designed to adhere to sharī'ah principles and one such product is the Islamic credit card. Recently few Islamic banks especially in Malaysia produced Islamic credit card based on Tawarruq model the same has adopted by Faysal Islamic bank in Pakistan. The paper presents a jurisprudential analysis of Islamic credit cards, aiming to provide a comprehensive understanding of their legal and ethical foundations. This study discusses the fundamental concepts of Islamic credit cards, including the prohibition of conventional credit cards and introduction of Tawarruq and it's models for credit crads. It investigates the two basic models of Tawarruq used by Islamic credit cards providers to ensure compliance with sharī'ah. This analysis seeks to contribute in the field of Islamic finance by providing a history of credit cards, operational aspects and regularity implications. In conclusion, this study aims to promote a deeper understanding of their role in facilitating financial transactions in accordance with sharī'ah compliance, ultimately serving as a valuable resource for scholars and policymakers in the field of Islamic finance. [ABSTRACT FROM AUTHOR]

The Islamic diversity that developed parallel to the Islamization of Anatolia from roughly the 12th century onwards and was called dervish religiosity, is often defined by its inattentive and indifferent attitude toward Shari'a, although some of its other features are mentioned more or less. However, in this dervish‐based religiosity, it draws attention that both the perception of Shari'a and some other religiosity practices are more related to the tawhid beliefs in pantheistic sense. This paper aims to analyze how both dervish religiosity and folk religiosity, which developed largely under its influence, are shaped through some mystical thoughts and spiritual experiences such as 'identification with God', 'immanence of God in man' and 'the human divinity'. The folk piety, which appears to be shaped within the framework of faith in saints, including high respect and various types of veneration that neglect the norms of Islamic worship, will be seen in relation to the pantheistic thoughts, as reflected in the understanding of seeing man as the qibla. [ABSTRACT FROM AUTHOR]

This paper explores how genetic and assisted reproductive technologies (ARTs) are implemented in Qatar. It investigates how medical professionals deal with moral issues surrounding the various applications of these technologies, on the basis of fieldwork that was undertaken on this topic. The paper places the views of the medical professionals within the local (national/regional/cultural) as well as wider normative (legal/Sunni‐Islamic) contexts and demonstrates how the implementation of ARTs in Qatar is informed by a wide range of ethical, legal, professional, and cultural norms. [ABSTRACT FROM AUTHOR]

Conservatism on Islamic Law has been widely discussed by scholars, be it in printing media (such as fiqh works of traditional ulama, and Islamic self-help books) or in online media (such as on social media platforms containing Islamic dakwah). Their studies portray the diffusion of conservative Islamic thought from one media to another. However, among existing works, it can be said that there has not been much discussion about how this conservatism is transmitted by a mubalig (Muslim preacher) particularly about Islamic law. Considering the function of a preacher in Indonesia is significant because has long been the main mouthpiece of Islamic teaching, this paper discussed the conservatism of Islamic family law in the Mamah dan Aa Beraksi preaching program. By using qualitative content analysis, this paper argues that the sermons in the Mamah dan Aa Beraksi contain conservative view of Islamic family law This conservatism is indicated by the sermons which tends to refer to traditional fiqh with a gender bias characteristic. This conservatism seems latent through the way the lecturers present her fatwa using short textual interpretations that represent traditional thinking more than modernism. [ABSTRACT FROM AUTHOR]

The joint contract is that the contractors agree on combining multiple contracts into one, for example, al-baye (selling), ijarah (rent), hebah (gift), wakalah (agency) dain (debt) atc, it may be combined in one contract in a situation which cannot be separated. It is possible for transactions to be combined into one on the basis of immediate or conditional and sometimes it may be combined into one organized contract which has different parts and phases and these parts can't be separated. This paper will focus on whether it is permissible for all these different contracts to be into one or not. If it is permissible so which type is allowed and which type is not? What are the rules and regulations of a right and wrong combined transaction, respectively? Besides this, the paper will explore the opinions of classical jurists of Islam on the issue and their relevance to current financial matters. [ABSTRACT FROM AUTHOR]

Islamic education, from a holistic point of view, is more than just the direct transmission of the pure Islamic sciences. It encompasses other branches of specialisation and ideally accompanies Muslims, through reflections of the Islamic worldview, during their formal and informal formation. This paper reflects how, in the contemporary tertiary education in the Islamic world, commodified concepts stemming from a non-Islamic worldview are being proliferated, and what the expected results are for Muslim students. The paper expounds on differences in worldview and educational systems and the commodification of ideas. It gives examples from business school curricula, psychology and the impact of teaching in a foreign language, to summarise (un)intended consequences on the students’ educational developments. It also shows how the agency of the theory of Maqāṣid, the higher objectives of Islamic law, has immersed Islamic thought in reaction to the bias in the educational system. [ABSTRACT FROM AUTHOR]

Sharia councils have been in existence in England since the 1980s, providing advice and guidance in matters of Islamic family law. The vast majority of their users are women applying for Islamic divorces. The ulamā (scholars) at the councils encourage reconciliation and only grant divorces where this is deemed impossible. This paper, based on observations at a large sharia council in East London, supplements earlier institutional analyses by focusing not on what the ulamā are doing, but on what women are doing at the council. The paper identifies a spectrum of compliance with the council and its procedures, ranging between those who say they just want what the sharia wants, to foot-dragging, actively contesting the ulamā and exiting the council. Further, these forms of engagement may change over time. Overall, the paper contributes by illustrating the complexity of British South Asian Muslim women's identities and affiliations and engaging with questions of gendered agency. It is clear that even when women petitioners contest, confront or exit the council, they may inscribe their moves within, rather than in opposition to, Islamic norms and values. The paper draws out the wider political implications of this non-opposition between Islamic subject positions and agency. [ABSTRACT FROM AUTHOR]

Contemporary public as well as academic discourse on personal law in India has over the years engaged with the issues of its inadequacies, judicialisation and uniformity. This discourse has paid scant attention to the functioning of the law and the complexities of a multicultural nation-state committed to the idea of political secularism. This paper engages with the mahallu system of Malabar and sheds light on how decision-making in Muslim personal law is a process embedded in quotidian micro-politics, sectarian dynamics, social censure and affect. By tracing a triple talaq case in its ethnographic details we show that love (or lack of it), kinship expectations and community authority come together in resolving a conjugal dispute that does not lead to a straight path of legal interpretation but into a labyrinth of micro-politics of local religious factions and authority. The paper shows that the non-state quasi-legal institutions that come under the rubric of the mahallu system comprise of a particular kind of legal pluralism which is complex and replete with multilayered relations of power. This also brings to fore the binary and the play between what is considered to be legal and legitimate. [ABSTRACT FROM AUTHOR]

Article 11 of the Convention on the Rights of Persons with Disabilities requires that the rights and protections of the Convention not be derogated or suspended during "situations of risk, including situations of armed conflict". Even so, persons with disabilities are still often the group most disproportionately impacted by armed conflict. This reality is not due to a failing of international humanitarian law to protect and consider persons with disabilities; rather, it is due to a failure to mainstream disability into the application of and approach to existing protection frameworks. Impactful mainstreaming of disability necessitates the inclusion of all relevant mutually reinforcing legal frameworks and traditions. By examining four main areas – military operations, evacuation, humanitarian assistance, and long-term assistance and services – this paper argues that the protection of persons with disabilities in armed conflict, and specifically within Muslim contexts, will be enhanced through the inclusion and consideration of Islamic law. [ABSTRACT FROM AUTHOR]

This paper explored a trend analysis related to takaful research from 1989 until March 2022. This research aims to determine: (1) the current growth and trends of publications in takaful; (2) the most productive contributors in takaful studies; (3) the highly-cited documents in takaful research; and (4) the essential keywords and themes involved in the takaful studies. The data was obtained through the Scopus database with the keywords ''takaful,'' ''Islamic insurance,'' or ''sharia insurance.'' The search resulted in 423 documents and became 356 documents after screening. The data has been exported and analyzed using tools such as Biblioshiny, VOSviewer, Publish or Perish (PoP) and Microsoft Excel. The results showed that most publications were in 2017 and 2020. The most significant contributor that published the most research documents were Syed Ahmad Salman by the author (21 publications), International Islamic University Malaysia by Institution (24,4%), English by language (97,5%), Malaysia by country (64,04%), Journal of Islamic Accounting and Business Research by title (22 publications). This study found the article ''the cost efficiency of takaful insurance companies'' written by Kader as the most cited publication. Moreover, based on the results of network visualization mapping, takaful research was divided into four main themes: risk management in the takaful industry and its relation with Islamic banks, efficiency in the takaful industry, and behavior of takaful customers, and development of takaful. This study recommended a systematic literature review on popular topics such as efficiency and family takaful for further studies. [ABSTRACT FROM AUTHOR]

Department of Fundamentals of Jurisprudence - College of Sharia and Fundamentals of Religion - King Khalid University All the praises and thanks be to Allah, the Lord of the Alamin, and peace and blessings be upon the Prophet, may God bless him and grant him peace, having said all that:This research is entitled " Fundamentalist issues in Ayyats that is said " And complete the Hajj and 'umrah for Allah" Its importance comes from relation to the source of evidence and legislation, the origin of the assets is the book of God Almighty, and related to the science governing the understanding of texts, which is the science of jurisprudenceK. This paper consists of four sections. The first section includes fundamental issues in Sharia laws, in which four issues were discussed, including the obligatory statement of a commandment, and the voluntary statement of a commandment whenever it contains a clue. The second section elaborated on the issues of fundamentals related to the evidence of legislative rules, in which two issues were discussed: the Sunnah being overwritten by the Quran and the Quranic verses visa-vis the legislative canons of people of old. The third section covers a number of fundamental issues pertaining connotations that include the following discussions: if the commandment of completion connotes commencement, and vice versa; a number of fundamental connotations in the Quranic verse of the general common; the common and the specific; the connotations of associations and entailments; the conjunction “and” in a Quranic verse. The fourth section addresses the contradiction of some denotations of expressions, such as the contradiction between the real and the metaphoric; the metaphoric and specific; and using a Quranic verse to balance between the connotations of two apparently contradictory hadiths. In this research, I tried to devise the fundamental issues related to this part of the Ayyah. based on the words of fundamentalists, jurists and interpreters, and the most important results: The study of fundamentalist issues through the legal texts and highlighting the applied side in them an investigation of the existence of rules in the texts, and a statement of how to take rulings from them, and directing the science of the origins of jurisprudence from the realm of endoscopy to the realm of realization. [ABSTRACT FROM AUTHOR]