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Purpose: This study aims to identify the significant scientific actors, reveal the intellectual structure and explore essential features for future research direction in Sharia governance studies. Design/methodology/approach: The study applies a hybrid review combining bibliometric analysis and content analysis. It uses Rstudio (biblioshiny), VOSviewer and Microsoft Excel to analyze 457 articles published in 206 journals indexed by Scopus and/or Web of Science during the period of 1985 until the end of 2022. Findings: The paper discovered four distinct streams of Sharia governance studies: structure of Sharia governance, Sharia governance and risk management, Sharia governance and sustainability and the effect of Sharia governance toward firm's financial performance. Furthermore, it derives and summarizes 26 main research questions for future studies. Research limitations/implications: In terms of theoretical implications, the finding contributes to the general literature on Sharia governance by conducting bibliometric analysis and content analysis. In terms of practical implications, this study suggests that Sharia governance should be strengthened by the management of Islamic banks and other Islamic-based businesses. Originality/value: To the best of the authors' knowledge, this study is among the early studies using a hybrid review on the topic of Sharia governance, allowing future researchers in this field to capture the trends and progress of current literature as well as the research gaps to be filled in by future researchers. [ABSTRACT FROM AUTHOR]

Purpose: This study aims to learn how a three-way interaction moderation model is used to analyse the role of country-specific characteristics, in the form of the implementation of Sharia law and legal origin in a particular country, in the choice of sukuk type. Design/methodology/approach: The firm profitability and firm leverages of sukuk issuer are used as the firm characteristics that can influence the choice of sukuk type between Mudharaba sukuk, Ijara sukuk and Murabaha sukuk. The research sample of 545 global sukuk issuances, obtained from the IIFS database, includes the issuance of Mudharaba sukuk, Ijara sukuk and Murabaha sukuk from ten sukuk issuer countries all over the world. Findings: The research results show that the probability of choosing Mudharaba and Ijara sukuk is found in issuers sukuk with a high firm leverage, while the probability of choosing Murabaha sukuk is found in issuers sukuk with a high firm profitability. A three-way interaction moderation model is used in this research to explain that sukuk issuers in countries that implement Sharia law and adopt a legal origin common law system will have a higher choice of Mudharabah and Ijarah sukuk types if the firm's leverage is high. If the firms' profitability is high, then the sukuk issuer prefers Murabaha sukuk. Research limitations/implications: The use of firm's characteristic variables is based solely on trade-off theory and pecking order theory. Also, limitations on the implementation of Sharia law in countries that do not provide opportunities for countries that apply a mixed law system. Practical implications: The role of Sharia law and common law legal origin is proven, through a three-way interaction model, to strengthen the interaction of the firm leverage and choice of Mudharaba sukuk. Social implications: Legal certainty for Islamic financial institutions is created in the context of ease of investing in sukuk. Flexibility in the structure is also one of the factors that encourage the development of market acceptance of sukuk. The right structure of the sukuk can be used for specific target markets. Originality/value: There has been no study carried out on a three-way interaction moderation model used to analyse the role of country-specific characteristics. The role of Sharia law and common law legal origin is proven, through a three-way interaction model, to strengthen the interaction of the firm leverage and choice of Mudharaba sukuk. [ABSTRACT FROM AUTHOR]

We examined the current field identity of Islamic banks and its evolution. We conducted interviews with 44 Sharia (Islamic law) scholars and related professionals in the fields of Islamic and conventional banking, representing nine jurisdictions. We found that Islamic banks are still hybrid organizations belonging to two equally powerful fields of Islamic law (Sharia) and conventional banking. Consequently, Islamic banks abide by two completely different institutional logics. The hybrid identity of Islamic banks resultantly became static due to institutional pressures exerted by both root fields. We discuss how hybrid fields evolve focusing on the conditions that prevent hybrid field identities from becoming independent. We also contribute to the literature on elastic hybrid identity of organizations by theorizing an elastic fatigue model. Finally, we suggest some practical motions to boost the static hybrid identity of Islamic banks and transform it to an elastic one. [ABSTRACT FROM AUTHOR]

This article examines Muslim women’s experiences of Islamic evaluative mediation within Shari’a Councils on seeking an Islamic divorce, including women who have experienced domestic abuse and encounter power imbalance. The article draws on the authors’ exploratory study of 30 Muslim women in England who have experienced domestic abuse and details their use of such services, the desire for informal justice and the processes involved. Islamic mediators act as evaluative mediators and can influence the decisions reached by the participants and give advice. In the UK, facilitative mediation is mainly used, not evaluative mediation. This article focuses on Islamic mediation as the forum provided by Shari’a Councils for the Muslim women who use their services, exploring how Islamic solutions play a nuanced role within Muslim family law. Finally, the article explores Muslim women’s narratives, and how women are seeking religiously informed support and solutions to their marital problems. Shari’a Councils provide Islamic mediation in order to move towards an Islamic divorce. But when Muslim women who are victims of domestic abuse are unable to achieve an Islamic divorce the Shari’a Councils provide an Islamic divorce called faskh. [ABSTRACT FROM AUTHOR]

Child marriage is a global phenomenon where one in six girls aged under 19 are married as child brides that are exacerbated by the COVID-19 pandemic, in which girls are disproportionately affected by this practice. This study aimed to provide reliable numbers and descriptions of child marriages in Indonesia during the pandemic for the stakeholders in planning necessary actions. New child marriage dispensation application numbers in 2019, 2020 and 2021 were 24,865, 64225 and 62,890 cases, respectively. Up to 65% of new applications in 2019–2021 were consistently registered in six provinces in Java. However, the top-rank provinces with the rise of new applications in 2020 and 2021 when compared to records in 2019 were from outside Java. The skyrocketing number of child marriages during the pandemic, up to 2.5 times, should be taken seriously by the stakeholders with a focus on areas with high poverty percentages and girl populations. [ABSTRACT FROM AUTHOR]

The article explores pre-modern Islamic discourses and practices of eminent domain. Topics discussed include three things about forced appropriation of property for public purposes in premodern Islamic law, foundational doctrines related to compulsory sale in both legal systems, and consequences of the fact that Islamic law never grounded the takings power in a positivist view of a sovereign right underlying all property.

For over two decades, France's Muslim population has faced a series of legal measures and hostile public narratives aimed at problematizing their faith. Notable examples include the 2004 national ban on "ostentatious religious symbols" in state schools, which prohibits obligatory religious dress in various settings. These individual instances are compounded by more recent broader policies, decisions, laws, and executive statements that negatively impact Muslim life. This paper examines France's trajectory from a new perspective: A Muslim legal viewpoint. It argues that the French approach constitutes a two-step process of institutionalized Islamophobia, understood here as hostility towards Islam as a faith. First, the state redefines mainstream Islamic orthopraxy as "extreme", pitting ordinary religious practices against averred Republican values. Second, it seeks to promote an alternative concept of a "French Islam"—one that aligns with France's secular principles and is stripped of its religious essence—positioning it as the only acceptable framework for Muslims to practice their faith in France. We argue that this process is not about upholding laïcité or state neutrality; rather, invoking the latter serves as a smokescreen for the state's Islamophobia. [ABSTRACT FROM AUTHOR]

Copyright of Arab Journal for Scientific Publishing is the property of Research & Development of Human Recourses Center (REMAH) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Arab Journal for Scientific Publishing is the property of Research & Development of Human Recourses Center (REMAH) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Social Sciences Studies is the property of Social Sciences Studies and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Arab Law Quarterly is the property of Brill Academic Publishers and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Purpose: This study aims to develop a comprehensive insolvency model tailored to Islamic banks, ensuring alignment with Shariah principles throughout pre-insolvency, bankruptcy and post-bankruptcy stages. Design/methodology/approach: The research adopts a qualitative research method, using a desktop research approach. Primary sources and secondary sources are examined to gather information and draw conclusions. Findings: This study presents a comprehensive insolvency model designed for Islamic banks, rooted in Shariah principles. The model covers pre-insolvency, bankruptcy (taflis) and post-bankruptcy stages, incorporating key Shariah parameters to ensure adherence to Islamic finance principles. It addresses challenges such as adapting to dynamic financial landscapes and varying interpretations of Shariah principles. Notably, the model recognizes the separate legal personality of Islamic banks and emphasizes transparency, fairness and compliance with religious obligations. In the post-bankruptcy stage, directors are urged to voluntarily settle remaining debts, aligning with ethical and Shariah-compliant standards. Originality/value: The study contributes to the stability and growth of Shariah-compliant financial systems by extending insolvency principles to Islamic banks, providing a foundation for future research and policymaking specific to this context. [ABSTRACT FROM AUTHOR]

Purpose: The purpose of this paper is to examine the Shariah governance mechanisms of takaful insurance and their impact on its financial performance. Design/methodology/approach: The effect of Shariah governance mechanisms on financial performance is analyzed over 2012–2018 on a sample of 11 takaful listed insurances in the Middle East region. Using multiple regression models, four hypotheses addressing Shariah governance mechanisms are tested. Findings: The findings generally reveal that Shariah governance has an impact on the financial performance of takaful insurance. The Shariah Supervisory Board (SSB) size, the members' reputation and their qualifications are the main determinants of financial performance for listed takaful insurance. Research limitations/implications: This paper includes two main limitations that may affect the accuracy of the finding. First, the results are restricted to the Middle East region and may not be generalized to other regions. Second, the sample is dominated by UAE, i.e. 4 takaful insurances out of 11. Practical implications: Both Shariah governance and regular governance have an impact on the financial performance of takaful insurance. Yet, the effect of Shariah governance is more robust. To improve its financial performance, takaful insurance should expand the size of the SSB, hiring reputable scholars and recruit doctors in Islamic economics. Originality/value: This research studies takaful insurance, unlike the majority of other works that have focused on Islamic banks. [ABSTRACT FROM AUTHOR]

According to articles 4, 91, and 98 of the Constitution, the Guardian Council has the authority to oversee the legislation of the Islamic Consultative Assembly (the Majlis) in terms of its conformity with Islamic law and the Constitution, as well as to provide post-facto religious oversight on all laws and regulations and interpret the Constitution. The Council's opinions are expressed in written form, and the transformation of discussions into writing faces certain limitations. These limitations require the establishment of guidelines for drafting the Council's opinions. This research, using a descriptive-analytical method, seeks to answer the question: what are the requirements for writing the opinions of the Guardian Council, and what effects does adherence to these requirements have? To provide an answer, the analysis of the Guardian Council's opinions will be conducted based on writing requirements, beginning with content-related requirements, followed by formal requirements. The most important content-related requirements include solid reasoning, guiding the legislator in addressing issues, and commenting on the contrary meaning of opinions. The most important formal requirements include clarity, robustness in legal language and terminology while avoiding neologisms, avoiding convoluted writing, avoiding generalizations, using clear and precise terms, and appropriate punctuation. Adherence to these requirements not only prevents negative consequences from the incorrect transmission of concepts but also leads to positive outcomes such as fulfilling the existential purpose of the Guardian Council, maximizing the innovative authority of legislative bodies, creating transparency in the country's legal system, speeding up the legislative process, and developing the legal system. [ABSTRACT FROM AUTHOR]

The exclusive patent rights of Standard Essential Patent (SEP) holders have been shown to create obstacles for standard implementers in accessing patented new technologies set as a standard. FRAND contracts in Standard Setting Organizations (SSOs)' IPR policies are designed to prevent the patent hold-up without providing aa precise definition of its legal nature. In several jurisdictions, judges have different perspectives on the legal nature of FRAND with two approaches generally being taken. In the U.S, most courts have adopted the contractual approach, while in other jurisdictions, a different approach is adopted, not considering FRAND as a binding contract. This library-based research and comparative study considers that the contractual approach to FRAND is compatible with contract law in the Islamic Republic of Iran. [ABSTRACT FROM AUTHOR]

The conflict is one of the issues involved in the process of jurisprudential inference. Different bases in the way of resolving the conflict between the Shariah evidences and its sub-issues have a significant impact on the differences between mujtahids' fatwas. One of the micro issues in the field of conflict resolution is the validation of preferences in this field. A notable practice among jurists is to prefer and prioritize a narration that includes mention of ta'leel. Of course, the preference of the reasoned narration has opponents among jurisprudential and principled thinkers. Considering the importance of the conflict issue and the widespread use of this type of preference, this article aims to investigate the preference of causal narratives using a descriptive-analytical method. This research, with the premise of giving permission to non-textual preferences, has examined the terms validity, quality and preference condition of the narrations. Then, by searching the words for and against this preference, it has extracted and examined their evidence. The supporters of this preference have cited the strength of the appearance of the reasoned narration compared to the narration without explanation and more suspicion of its issuance. On the other hand, the objection of the opponents is the non-acceptance of the power of emergence and the lack of evidence for the validity of such a preference. Regardless of the fact that prioritizing news with reasons in the event of a conflict is a well-known practice of jurists, it seems that this type of preference is acceptable under one condition; that is, the reasons mentioned in the news are rational and not devotional. [ABSTRACT FROM AUTHOR]

One of the new topics having great potential for application in various sciences, including jurisprudence, is the phenomenon of artificial intelligence. As artificial intelligence has created new capabilities in the analysis and control of human behavior and has had a tremendous impact on the individual and social life of human beings, new questions have been raised about the relationship of this phenomenon to the objectives of holy law. Therefore, despite the theoretical novelty of the subject, the need to understand the phenomenon of artificial intelligence and also to explain how it relates to the humanities and Islamic sciences is of great importance. Considering the importance of the discussion, the present research, utilizing a problem-oriented framework and using a descriptive-analytical method, has studied the types of interaction of the aforementioned phenomenon with one of the most important branches of theological sciences (jurisprudence or Islamic law). It concludes, by providing various evidence, that jurisprudence can use artificial intelligence data in at least three areas: 1 - The thematic study of jurisprudential issues. 2 - The context of the consistency of jurisprudence with moral teachings. 3 - The field of understanding the needs and requirements of new and emerging issues. [ABSTRACT FROM AUTHOR]

Whereas the existing literature on political Islam has often examined post-Islamism in relation to political and economic liberalism, this intervention foregrounds a variety of post-Islamism that is decidedly Leftist in its political and economic commitments. In so doing, the present article moves away from a conception of post-Islamism as a monolithic project. Instead, the article uses the term in relation to a plurality of conditions and projects in and by which some Muslim individuals and groups, having become disenchanted with the project of establishing an Islamic political order (nizam Islami) as an instrument for the implementation of Islamic law (sharia), continue to draw on their religious faith in order to advance a range of competing – at times clashing – political projects and socioeconomic agendas. By focusing on examples from Turkey and Iran, the article provides an alternative to the hitherto existing conception of post-Islamism as a project with a predominantly neoliberal economic orientation and an ambivalent position on democratic politics. It argues that the post-Islamist Muslim Left in Turkey and Iran has contributed to the articulation in these countries of a democratic and socialist conception of Islamic public religiosity. [ABSTRACT FROM AUTHOR]

The research aims to clarify some of the doubts raised by those who deny the Prophet's Sunnah about the science of Hadith terminology and respond to them. The research was divided after the introduction into two sections: First: Defining those who deny the Sunnah Second: mentioning some of their doubts about the science of Hadith terminology. Which is related to the chain of transmission and the recording of the Sunnah with a statement of the impact of those doubts on the science of terminology, then a conclusion that contained the most important results of the research and its recommendations. The research relied on the descriptive approach in order to describe and clarify the importance of the science of Hadith terminology and the danger of those who deny the Sunnah; it also relied on the critical approach to respond to those doubts with a sound scientific approach. The study concluded with results, the most important of which is that the suspicions of those who deny the Sunnah regarding the chain of transmission and the recording of the Sunnah are false suspicions that harm Islam and the Messenger of Islam, as well as the Companions, the first bearers of the Sharia, and accuse them of failing to convey this religion to the generations, and these suspicions are not proven in the face of scientific investigation. The study recommends the importance of spreading religious culture among society, creating websites dedicated to defending the Prophetic Sunnah, and urging bodies concerned with scientific research to hold scientific conferences and religious lectures that focus on explaining the importance of the Prophetic Sunnah and repelling the objections and doubts directed at it. [ABSTRACT FROM AUTHOR]

This article examines the reactions of Jihadis and former Jihadis in Syria to the ongoing war on Gaza. This issue is significant because it highlights how groups that initially had a unified stance on the eve of the Syrian conflict in 2011—marked by their opposition to Muslim regimes and a Salafi outlook – later fractured during the Syrian conflict, leading to divergent positions on the war on Gaza. Global Jihadis, including al-Qaeda and Islamic State (IS), adopted very different stances. Al-Qaeda has attempted to soften its previous theological criticisms of Hamas with a cautious praise for the organization and timid attempts at promoting unity. In contrast, IS has remained vehemently opposed to Hamas, arguing that the group fights for non-religious reasons, allies with ‘enemies of Islam’, and does not seek to implement Islamic law. Perhaps the most intriguing perspective comes from former Jihadis, who view Hamas as a political and military model, although they are cautious about the Palestinian group’s praise for Iran and renewed links to the Syrian regime. This research argues that political considerations – such as the need to appeal to specific audiences and the dynamics of cross-factional competition – take precedence over theological concerns. Additionally, it finds that these divergent positions have not led to any violent actions from Syria. [ABSTRACT FROM AUTHOR]

The purpose of this article is to analyse an original concept of trust property - a waqf, which is a special religious endowment, the creation and functioning of which is governed by a system of Islamic law rules. The assets of a waqf are endowed through a voluntary and usually irrevocable donation and are directed to charitable purposes or purposes that are compli ant with Islamic law. The system of waqfs is one of the cornerstones of Islamic civilisation. The waqfs being philanthropic foundations have traditionally played a key role in the development of education, science, healthcare, and jurisprudence. From an economic perspective, a waqf can be considered as a savings and investment mechanism, where resources are not consumed, but invested in ce rtain activities generating income. The article describes a model of creation and functioning of a traditional waqf: a founder of a waqf (wakif) transfers property to a special manager (mutawalli) to be used for a specific purpose for the benefit of designated beneficiaries. We have analysed the principal types of waqfs - a charitable waqf (created for certain charitable purposes) and a family waqf (created to support one's family), as well as a combined waqf, which incorporates elements of the two types. It is established that a valid waqf must meet five conditions. First, the assets transferred to the waqf must be quantifiable property that could be sold. Second, a waqf must be established for a pious purpose, which may include charity and family support. Third, the assets transferred to a waqf must be certain and defined, which restricts, for example, the creation of a waqf in respect of future property. Fourth, a waqf must be unconditional, perpetual and irrevocable. Fifth, a waqif must have full legal capacity. The article also analyses the doctrinal limitations for waqfs, in particular the principle of perpetual existence of waqfs, the principle of inalienability of property transferred to a waqf. Nowadays these doctrinal limitations can be overcome thanks to a more flexible interpretation of waqf requirements by some schools of Islamic law, as well as the modernisation of waqfs by borrowing concepts from the law of trusts. [ABSTRACT FROM AUTHOR]

This study examines research on maqāṣid al-shariī'ah in journals indexed in Web of Science (WoS) and Scopus. As maqāṣid al-shariī'ah plays a vital role in guiding Islamic legal theory and contemporary applications of Islamic law in various sectors of life, familiarity with the scholarly landscape of the field is essential for assessing its growing influence in both academic and practical contexts. Hence, this study aims to explore the trajectory of research in maqāṣid studies, identify its key focus areas, and conduct a document co-citation analysis to uncover patterns in scholarly collaboration and influence. In addition, the study examines contributing countries, organizations, and leading journals in this field. Four Hundred documents published between 2000 and 2022 were retrieved and analyzed using the metrics functionalities of both databases. In addition, advanced analytical tools including Publish or Perish, VOSviewer, and ScientoPy v1.3.5 were utilized to conduct a multifaceted examination that encompasses document co-citation, sources co-citation, and authors' keyword analyses, among others. Data were carefully filtered to include research related to maqāṣid al-shariī'ah as an area of applied Islamic thought and its applications in different disciplines. The findings of the study revealed that research outputs in maqāṣid al-shariī'ah studies span various disciplines including religion, business and economics, science and technology, and medicine among others. The development of publications between 2000 and 2022 for the two databases indicates distinct upward trends in cumulative publications and annual growth. A vibrant and diverse global research landscape exists for maqāṣid al-shariī'ah , with Malaysia and Indonesia leading in terms of productivity and impact. This article presents original findings which may be of significance to researchers in Islamic studies, applied Islamic thought, and related interdisciplinary and multidisciplinary fields. This scientometric study is limited to English journal articles that were published between 2000 and 2022 on maqasid research in Scopus and Web of Science (WoS). Given the dynamic nature of these two databases, where results can fluctuate rapidly due to the continuous addition of new papers or the retraction of existing articles, this study is limited to the datasets that were created at the time of investigation. These limitations might influence the generalizability of the findings. [ABSTRACT FROM AUTHOR]

This is an objective interpretative study about seeking refuge in preventive education through the analysis of Al-Mu'awwidhitein (Verses of Refuge). The study discusses importance of the preventive educational approach and its treatment of human and social issues that contribute to pleasing individuals and communities in their life and in the hereafter. The research aims to highlight the importance of seeking refuge in confronting the devils of mankind and jinn, who try to undermine the Muslim's faith and work on dismantling the bonds of society, enhancing preventive awareness and its role in protecting individuals from psychological, social, and health risks, treating the impact of abandoning protective verses and their absence in some people's lives, and ways to apply them in daily life. The study uses an objective descriptive approach, demonstrating the effects of abandoning seeking refuge on individuals and communities. The study arrives at some findings, including: The Islamic Sharia has shown that spiritual fortification, especially by reciting the protective verses, is a strong means by which Allah protects people from the evils of mankind and jinn. The religious fortifications have an effective impact on safeguarding lives and possessions. The Holy Quran is the cornerstone for the success of Quranic education. [ABSTRACT FROM AUTHOR]

The work Hayâtü'l-Hayevân by Kemâleddîn ed-Demîrî is an important contribution that has had a significant impact on both Islamic jurisprudence (fiqh) and zoology in the Islamic world. This book not only marked a pinnacle in Demîrî's scientific career but also gained attention for its unique approach of integrating Islamic law with the world of animals. The work is divided into three versions, namely "suğrâ," "vustâ," and "kübrâ." The most comprehensive and notable version, the "kübrâ", presents in-depth information about animals while being enriched with folkloric and cultural elements. This combination of zoological and fiqh literature makes the work unique in many respects. Some researchers have described the book as a folkloric compilation, yet upon deeper examination, the work reveals a wealth of valuable scientific and legal information concerning animals. One of the most striking aspects of this work is its detailed treatment of the position of animals within Islamic law. Whereas classical fiqh literature often addresses animals in a generalized manner, Demîrî goes further by examining each animal's status in terms of whether its meat is permissible (halal) or forbidden (haram), methods of hunting, and its sale and use. The book also delves into the legal status of animals not typically mentioned in traditional fiqh sources, including those that were either unknown or little known in his time. This comprehensive approach demonstrates the depth of Demîrî's knowledge in both fiqh and zoology. Furthermore, it is evident that Demîrî did not base his rulings on animals solely on religious texts. He also drew on his own observations and experiences, which adds a scientific dimension to his legal judgments. His observational approach to animals enhances the academic value of the work, as it integrates legal knowledge with natural observations, turning the book into both a scientific and religious resource. In this regard, the book not only holds significance within the Islamic world but also possesses universal value in the study and classification of animals. Another important aspect of Hayâtü'l-Hayevân is the perspective it offers on animal rights and ethics. The work does not simply outline how animals should be judged according to Islamic law; it also sheds light on the place and significance of animals in human life. While detailing the relationships between animals and humans, Demîrî emphasizes the dynamic nature of Islamic law and its interaction with the natural world. In this context, the work can be seen as carrying parallels with contemporary discussions on animal rights and ethics. Demîrî's rulings on the preservation of animals, the protection of their natural rights, and the regulation of their interactions with humans underscore the broad scope of Islamic law, which encompasses the natural world. In conclusion, this study focuses on the in-depth analysis of Demîrî's Hayâtü'l-Hayevân, highlighting how the work bridges Islamic law and zoology. Demîrî's legal rulings on animals have carried the expansive regulations of Islamic law into the modern era, where they continue to serve as a valuable reference. By explaining the methods used to determine whether animal meat is halal or haram, the work remains an important source within both historical and contemporary Islamic law. [ABSTRACT FROM AUTHOR]

This research aims to determine the provincial priorities for the development of the mosque-based ZISWAF ecosystem by Bank Syariah Indonesia (BSI). This study employs a descriptive qualitative approach, focusing on texts, expressions, and behaviors of resource persons to explore the potential of mosques and the potential for economic and financial empowerment of the people. The study uses a structured interview method to identify key areas on the islands of Java and Sumatra, specifically highlighting East Java, West Java, Jakarta, Aceh, and South Java, as well as additional regions like East Kalimantan, South Sulawesi, and Bali. The results of the study also show that there are differences, advantages, and disadvantages of UPZ and MPZ both in terms of legality, institutional, work patterns, operations, sustainability, and fund distribution flows. There are four clusters of challenges faced by Bank BSI in efforts to develop the mosque and mosque ecosystem in Indonesia, namely, the human resources of amil and nazhir mosques, worshippers and residents around mosques (government regulations and budgets), and the legality of mosque LPZs (local government budgets). The study also shows that there is a significant difference in the quality of mosque management based on dimensions, variables, and indicators on the existing mosque index. It is hoped that the use of this instrument can make it easier for Bank FSI to develop a mosque and its ecosystem for the progress and welfare of people and the nation. [ABSTRACT FROM AUTHOR]

Ottoman Shaykhs al-Islâm sometimes formulated their fatwas from issues posed by the mustaftis and other times from phrases in classical fiqh or fatwa books. Fatwas issued by the muftis of Anatolia and Rumelia, particularly the Shaykhs al-Islâm, generally lack specific details such as time, place, persons, objects, and events related to real life. These specific details were minimized during the fatwâ formulation process. Non-essential details were excluded in order to focus on the legal answer. Real names and dates are rarely found in fatwa texts. Place names are relatively more common. In contrast, fatwas from scholars in regions such as southern Anatolia, Yemen, and North Africa tend to be more detailed, often including concrete information about language, history, and social life. In the literature, fatwas that retain almost the exact question and answer in their original form are referred to as primary fatwas. Secondary fatwas are derived when primary fatwas are modified by jurists, typically through processes of abstraction (tajrid) and abridgment (talkhis). Abstraction involves removing unnecessary elements that do not pertain to the study of fiqh or the compilation of secondary fatwas, such as legal documents and contracts, though some details may be retained to prevent distorting the facts of the legal aspect of the fatwa. Abridgment, on the other hand, refines the content, ensuring that the fatwa remains suitable for inclusion in standard fiqh works while maintaining its legal essence. This study describes how abstraction and abridgment were applied in the fatwas of Ottoman Shaykhs al-Islam through concrete examples. The mustafti typically uses his/her own language and style when describing events, often including many details that do not affect the legal outcome. To conform to the fatwa technique, officials in the Shaykh al-Islam office must remove these extraneous details. As the fatwa is intended to make a general legal statement, the original formulation must be abstracted from specific records and aligned with corresponding abstract issues found in classical fiqh or fatwa books. Formulating concrete issues by likening them to their abstract counterparts allows for quick, easy, and confident answers. In original fatwas, the phrase "What is the reply of the great Hanafi teachers?" written immediately after the prayer statement would ultimately require the issue to be likened to its counterparts in fiqh books. Making the likening during the formulation process allows the ifta duty to be performed more quickly and securely. The issue narrated by the mustafti was subject to abstract and abridgment by the officers in the Shaykh al-Islam office. During this process, the unique languages and styles of thousands of mustaftis are distilled into the standardized technical language of fatwas. In Shaykh al-Islam fatwas, abstraction and abridgment are in the first stage realized by eliminating real time, place, persons, events, and things that are irrelevant to the legal response. This stage of abstraction and abridgment is illustrated in the study with the example of a real event in the 16th century, which was the subject of an edict and a fatwa. When the original fatwas are compiled into collections, a further level of abstraction occurs. Non-essential elements such as prayer statements, request expressions, and signatures are removed, leaving only the question and answer sections. This process is primarily abstract, with the texts of the fatwas largely preserved. In many fatwa collections, only the question and answer remain. Occasionally, fatwas consisting only of a question and answer undergo abstraction and abridgment, sometimes becoming abstract or semi-abstract, one-sentence fiqh issues. This study explores the transformation of an original fatwa comprising 59 words into one that is reduced to a question and answer and further condensed into a 10-word abstract legal ruling. Through abstraction and abridgment, fatwa collections can be transformed into fiqh texts that reflect the legal issues of their time. [ABSTRACT FROM AUTHOR]

The 18th century witnessed significant religious revivals and reforms throughout the Islamic world, including Morocco. While both sūfī and non-sūfī reformist movements advocated a return to foundational Islamic principles, often through puristorientated approaches that rejected popular Sūfī practices, the Darqāwī Sūfī order took a distinct path. Formed by al-Arabī al-Darqāwī (d. 1239/1823) as a sub-branch of the Shādhilī order, Darqāwiyya was characterized by a revival of asceticism and popular Sūfī practices, such as self-striving, seclusion, begging, and dhikr gatherings, and aligned them with shari'a principles. Above all, the teachings of Darqāwiyya revolved around the reverence (ta'ẓīm) and veneration (ḥurmah) of Sūfī shaykhs and emphasized their central role as intermediaries between the Prophet and disciples. However, these Sūfī practices and emphasis on shaykhs faced condemnation from the Moroccan ruler, Mawlāy Sulaymān (r. 1792 to 1822) who favoured the Wahhābī teachings, despite not fully embracing its doctrines. In quest of exercising control over the zāwiyas, he targeted their religious legitimacy and restricted their Sūfī activities, including those of the Darqāwiyya. In this context, Al-Ādāb al-Marḍiyya li-sāliki ṭarīq al-ṣūfiyya, a Sūfī manual written by the Shadhilī-Darqāwī shaykh Muḥammad bin Aḥmad al-Būzīdī (d. 1229/1814), serves as both an apology and a Sūfī manifesto. Written in the ādāb almurīd (Sūfī etiquette) genre, this text acted not only as a guide for Darqāwiyya disciples but also as a proclamation of the central role of Sūfī shaykhs, as well as it sought to legitimize the criticized Sūfī practices of the order. This article studies the unique conventional position of the Darqāwiyya Order during the late 18th century Moroccan reforms and present al-Ādāb al-marḍiyya as a significant text defending the reverence and veneration of Sūfī shaykhs, as well as their practices during this period. [ABSTRACT FROM AUTHOR]

The principle of individualization of punishment, which means adapting the punishment to the personality of the criminal, has taken its place in the concepts of contemporary criminal law, along with other principles. In the study, the historical process of the principle of individualization of punishment and the conceptual framework of the principle are revealed. Although it is incompatible with the principles of legality and equality of classical doctrine, "personality of the criminal" has taken its place in today's criminal law as a legal concept and individualization in punishment has been accepted as a principle in contemporary criminal law. Although the individualization of punishment is the subject of many academic studies in general, as far as we can detect, there is only an academic article limited to the crime of adultery in Islamic criminal law. In this study, the principle of individualization of punishment is examined in more detail over the whole of Islamic law. It has been determined that there are data that can be evaluated within the scope of individualization of punishment in the Quran and sunnah, the primary sources of Islamic criminal law. The article also discusses the individualization of punishment through two examples of tazir (punishment left to the discretion of the administrator or judge, other than hadd and retaliation penalties) in Islamic law. The first of these is the punishment predictions that vary according to the social status of the criminals in tazīr penalties, and the second is the fines that vary according to the economic status of the people in the Ottoman codes. In the context of tazir punishments, the prediction of punishment varying according to the social status of the criminals can be considered an important example of the individualization of punishment, on the grounds that the deterrent effect of the punishment will vary according to the social status of the individuals. However, according to this understanding, while the heaviest penalties are prescribed for the lower segments of society, it is not possible to accept the gradual easing of the sentences of the upper segments in terms of justice and equity. Although the determination of fines in statutes is often criticized as the absence of financial penalties in Islamic criminal law, the policy of financial penalties, which vary according to people's ability to pay, has gained more supporters in recent years. In fines where people's economic situation is not considered, the painful nature of the punishment loses its meaning. Because while the same amount of fine for any crime is extremely painful for some, it is not even possible to define it as a punishment for the wealthy. The different punishment regulations included in the Ottoman Code of Laws, varying according to the economic status of the criminals, are an important example of adapting the punishment to the personality of the criminal. [ABSTRACT FROM AUTHOR]

Legal language is a unique form of communication full of technical terms and clichés. Even words used in everyday life can take on completely different meanings in legal contexts. For this reason, a branch of linguistics called legal linguistics has recently emerged in the field of linguistics. Modern Russia and Turkey use the same legal system. However, legal translation between the Russian and Turkish legal languages is a very challenging field. To produce a quality translation in this field, it is necessary to know the two national legal systems, the terms used, and the meanings of the clichéd expressions. It is noticeable that the number of common legal terms used in the Russian and Turkish legal languages is low. The reason for this situation is that the Turkish legal language is based on Islamic law, and most of the terms are of Arabic origin. There are terms related to Islamic law that are used in the Russian legal language. However, the introduction of these terms into the Russian language through borrowing may lead to changes in their meanings. Therefore, the main purpose of the research is to identify the terms of Arabic origin used in the Russian legal language, to compare them with the fiqh terms in terms of meaning, and to determine the changes in the meaning of the borrowed fiqh terms in the explanations. During the research, linguistic research methods such as document analysis, comparative analysis, and descriptive analysis were used. In addition to these research methods, component analysis and contextual analysis which are used in semantic research were also employed. As a result of the analysis, it was found that most of the fiqh terms in the Russian legal language have undergone phonetic changes. In some cases, these changes even make it difficult to find the equivalent of the terms among fiqh terms. Furthermore, the conceptual frameworks of the terms of Arabic origin were created, and it was concluded that the conceptual frameworks of many terms contain incomplete information compared to the fiqh terms. Some terms are included in the dictionaries of legal terms in order to provide more encyclopaedic explanatory information. [ABSTRACT FROM AUTHOR]

This article introduces the challenges presented in establishing governance of autonomous vehicles, dealing with questions of liability, where domestic law needs to cohere with international transport conventions, Islamic jurisprudence, Supreme Court jurisprudence, and technical safety standards. The primary objective of the article is to assess the applicability of established legal norms governing carrier liability in traditional road transport contracts in the United Arab Emirates. These legal tenets, rooted in Islamic jurisprudence and drawn from historical sources such as the 'Al-Ahkam Al-Adliya Journal,' constitute the foundation of civil law in numerous Arab countries, including the Arab Gulf States, Egypt, Jordan, Syria, and others. Melding legal and technical perspectives, this study provides legal insights for judges, arbitrators, and legal practitioners, and offers solutions to the liability challenges that may arise when autonomous vehicles begin operating on UAE streets or any other Arab country. [ABSTRACT FROM AUTHOR]

In Indonesia, the inheritance law system is divided into civil, Islamic, and customary law. In the context of inheritance rights transfer, the diversity of legal systems that include civil inheritance law, Islamic law, and inheritance law creates its own challenges that can trigger conflicts among heirs. This article discusses the legal certainty of pluralism in inheritance law in Indonesia from these three aspects, as well as the procedures for transferring rights to inheritance in accordance with the applicable legal system. The article aims to provide a comprehensive understanding of the complexities involved in the legal processes surrounding inheritance. The research emphasizes the need for legal certainty and clearer guidelines to protect heir's rights while advocating for strategies such as clear wills and mediation to mitigate conflicts. Furthermore, it offers practical policy recommendations aimed at harmonizing inheritance laws and fosters a more equitable legal environment that respects Indonesia's cultural diversity. [ABSTRACT FROM AUTHOR]

This paper addresses the issue of agricultural land fragmentation in Islamic countries. In the se countries, agricultural land is fragmented into tiny and unproductive holdings. Fragmentation of agricultural holdings reduces production due to difficulties in applying modern technology, lack of access to loans, and the challenges in marketing small quantities. The inheritance system, based on Islamic law, is one of the biggest reasons for land fragmentation. Previous complex laws to address land fragmentation often conflicted with national constitutions or Islamic law, making their implementation difficult. A mixed-methods approach was employed, combining qualitative analysis with a one-way analysis of variance (ANOVA) to examine differences in productivity and operational costs per hectare under various land management systems. The findings demonstrate that implementing waqf (endowment) as a land management strategy can significantly mitigate land fragmentation. Waqf preserves agricultural land as a single, indivisible entity, allowing for long-term planning, farm expansion, and sustainable investment. This approach enhances productivity and supports sustainable agricultural development. This study concludes that waqf aligns with Islamic principles and offers a practical, culturally appropriate solution to land fragmentation. By mitigating fragmentation and promoting sustainable development, waqf ensures continuity, supports agricultural growth, and contributes to broader development goals. [ABSTRACT FROM AUTHOR]

This article examines the relationship between Islam and migrant Turkish and Syrian women living in the Netherlands and their patterns of belonging, while also questioning the dynamics of identity. It reveals that religious Muslim migrants tend to exhibit their Islamic identity as a salient identity with self-representation of being Muslims. This is seen through the new ummah concept and their demands for a Sharia Council. This new definition of the ummah is discussed in terms of the sense of belonging it brings, asserting that religion cannot always function as a means of resistance, in that the religiosity of Muslims in the Netherlands is not an attempt to exclude themselves from the system, but rather a means by which they can be part of it. The article reveals that the new definition of the ummah is highly driven by migrant religious women in the Netherlands, who resist both the traditionalist and institutional understanding of Islam, while also rejecting their national ties. They aspire to create an Islamic space (dar'al Islam) for themselves within the ummah and seek to achieve this legally through a Sharia Council. [ABSTRACT FROM AUTHOR]

The number of qualified academic studies on what Sharīʿa is and its relationship with "social change", "historicity" and "naskh" has been increasing in recent years. In this context, the discussions and writings on social change, Qur'an, Sunnah, Sharīʿa, historicity and naskh on the axis of Westernism and Islam continue to form part of the agenda. One of these works is Prof. Dr. Talip Özdeş's "Sharīʿa in the Context of Social Change, Historicity and Naskh". With this study, it is aimed to eliminate the confusion around the concept of "Sharīʿa", to contribute to social reconciliation by eliminating the grounds for abuse, and the subject has been handled and processed with a purely supra-political scientific approach. This study first focuses on the issues of social change, historicity and naskh with an analytical approach in order to understand the concept of "sharīʿa" correctly and to place it on its center. Then, based on the same ground, the concept of "sharīʿa" is focused on. The concept in question has been examined lexically and semantically, and information and evaluations have been made on what it expresses in the Qur'an and its dimensions based on the integrity of the Qur'an. Again, the meaning relationship of the concept of "sharia" with the concepts of "shir'at" and "shar'î" from the same root has been emphasized, information and evaluations have been made. In this study, which has been prepared with a rich literature by using the basic sources in the field, the subjects have been handled in a concise manner and examined in various aspects from an academic and scientific perspective. [ABSTRACT FROM AUTHOR]

slamic finance operates as an alternative system meeting the investment requirements of individuals adhering to slamic beliefs. While conventional finance prioritizes stock exchanges facilitating small-scale investments, challenges arise for Muslims investing their savings in stocks due to potential conflicts between companies’ activities and revenues and religious principles. This situation prompts slamic scholars to deliberate on the permissibility of purchasing specific company stocks. Various scholars and Shariah boards have established precise criteria for determining the permissibility of buying a company’s stocks, leading to the development of indexes aimed at identifying compliant companies. Shariah-compliant stocks or companies adhere to the principles of Shariah law, governing various life aspects, including financial and economic activities. This study investigates Shariah screening methods, exploring their rationale, foundations, and potential religious influences, particularly focusing on six prominent slamic indices. The study investigates Shariah justifications and motives behind these methods, discussing their evaluation through different standards. Despite scholars’ varying opinions and evolving methodologies, the primary objective remains consistent: to facilitate halal income for Muslim investors while maintaining slamic ethical principles in financial practices. [ABSTRACT FROM AUTHOR]

“The victor is respected / The verdict is determined according to the victor.” this is the one of the principles of the important universal rules in the Hanafî fiqh doctrine. Statements at the principle level stating that the rarities in fiqh texts will not be respected also emphasize the different dimensions of the same content. These principles and rules, which can be encountered in almost every field of fiqh, show the influence and importance of fiqh reasoning within the framework of the concepts of “ghālib” and “nādir” in Hanafî fiqh thought. The concept of ghālib is used in different meanings in Hanafi fiqh doctrine depending on the context. It is very difficult to make a comprehensive classification of these different uses of the concept of ghālib and requires a comprehensive study. However, in this study, as a result of a superficial scanning of the main works that have a relatively higher representation ability in the Hanafî furu‘ fiqh literature, especially in the prayer sections, a four-fold classification attempt was made regarding the meanings in which the concept of ghālib is more widely used. Among these, the use of the concept of ghālib in the sense of “the frequent occurrence of an event” was focused on, and the connection of the concept of ghālib in this sense with the principle of defence of difficulty was examined. In Hanafî furu‘ fiqh texts, the word “ghālib” is mostly preferred to mean “the frequent occurrence of an event”, but words such as “ādah, zāhir, multitude, repetition and usual” and their derivatives are also used. This situation was taken into account in the readings. It should also be noted that the word “rare”, which means “rare occurrence of an event”, plays a key role in identifying the relevant passages. In today’s fiqh research, studies devoted to the concept of ghālib, which is a very effective concept with a wide range of meanings, are not sufficient in terms of quantity. As far as we can see, there has been no research devoted to the use of the concept of ghālib in the sense of “the frequent occurrence of an event” in connection with the principle of defence of difficulty. This study aims to fill this gap in the literature to a certain extent in a limited area. Studies focusing on such sub-sets of the concept of ghālib, which is an umbrella concept, will have benefits such as determining some conceptual relationship networks in terms of Hanafî fiqh and seeing the effect of the relevant conceptual network on the development of fiqh knowledge and thought. In this study, in the Hanafî jurisprudence doctrine, in the field of worship, the debates on whether the concept of ghālib should be taken into account in favor of the taxpayer in some events that, at first glance, might seem possible to excuse the taxpayer, are pursued under the supervision of an overview in connection with the concept pairs of difficulty(harac)-non-difficulty, qiyās-istihsān and caution-excuse has been seen. Accordingly, it is understood that the Hanafî imams, who were inspired by the determination that the provision of convenience was determined in order to avoid difficulties for people due to the frequent occurrence of the relevant event in some issues whose rulings were determined in the Qur’an and sunnah, carried out a similar fiqh reasoning on the issues for which the Qur’an and sunnah was not found. The explanations of Hanafî jurists around the concept pair ghālib-harac show that there is a consistent explanation for the fact that some issues of similar nature are given in favor of the taxpayer in some parts and against him in others in Hanafî jurisprudence. Accordingly, different provisions that seem contradictory at first glance in events that are similar in nature in terms of the person not having any intention or fault can be explained by the distinction of whether the relevant event occurs frequently or not. As a matter of fact, in the case of an event that occurs frequently, the provision of convenience is taken as basis, and in the case of an event that does not occur frequently, the provision of precaution is taken as basis. Thus, it is shown that the different provisions on the relevant issues actually constitute a coherent whole. In addition, as can be seen in the comparisons made with other sects on some of the issues touched upon in the article, the approach of Hanafî jurists within the framework of the ghālib-harac relationship reflects one of the characteristic features of Hanafî fiqh. [ABSTRACT FROM AUTHOR]

Although Mawlānā Jalāl al-Dīn al-Rūmī (ö. 672/1273) is primarily known for his sufi identity, he was a scholar. One of the most significant indicators of Mawlānā’s intellectual depth is his written works. The academic richness, especially in his Masnawī has led to numerous interdisciplinary studies on the Masnawī. One of these branches of science that finds a place in the Masnawī with its subjects and concepts is fiqh (Islamic Law). However, no study has been put forward on how the field of fiqh, in which Mawlānā's competence is expressed, manifests itself in Masnawī. The couplets on worship such as salâh, wudhu‘, sawm and hajj in Masnawī have been partially included in previous studies in terms of hikmat tashri. Nevertheless, no study has yet been undertaken to examine how the information on the triple classification of jurisprudence, namely ‘ibādāt, mu‘āmalāt and ‘uqūbât, has been incorporated into Masnawī. This study shows how the provisions and principles of these three fields of fiqh are treated in Masnawī and how these fiqhical provisions are transformed into an element of tasawwufi taṣbīh. The research was conducted in the entire Masnawī. In the study, the topics and concepts related to fiqh were formed by word scanning methods from the index of Ahmed Avni Konuk's Commentary of Masnawī. By tracking terms found in jurisprudential literature such as as sharī'ah, qadi, fatwa, caiz (permissible), harâm, halâl, hadd, diyet (blood money), ‘aqīla, muflis, qisâs, khiyâr, zarûrah, etc., jurisprudential topics and rulings present in story headings and individual couplets were identified. As a result of the analyses, it was determined that among these subjects, there are issues that every Muslim has knowledge about such as salâh and sawm as well as issues that only specialists can know such as zarūrah, khiyâr, taharrī, āqīla, hajr, hadd, and qisâs. These subjects have been classified by paying attention to the generally accepted tripartite division of fiqh as ‘ibādāt, mu‘āmalāt and ‘uqūbât. Evaluations and sufi interpretations of jurisprudential rulings and topics found in the Masnawī were derived from the commentaries on the Masnawī by four major commentators of the Ottoman and Republican periods: Şem’î Efendi, İsmail Rusûhî Ankaravî, Ahmed Avni Konuk and Tâhirü’l-Mevlevî. As a result of the study, it has been revealed that Mawlānā deals with jurisprudential subjects and provisions in independent stories and couplets in Masnawī. It has been determined that the jurisprudential subjects and concepts covered in Masnawī are primarily included as an element of simile to concretize an abstract state and concept within the science of Sufism. It is noteworthy that the legal issues and terms in question are often subjects whose details can be known by those who are knowledgeable in the field of Islamic Law. In this respect, the study presented data confirming the determination that Mawlānā was a competent scholar in the field of Islamic Law. In this process, the fiqh concepts discussed in Masnawī couplets and stories serve as a bridge that takes the reader from the dimension of Sharia to the field of sect and Sufism. [ABSTRACT FROM AUTHOR]

Since the passing of the Prophet Muhammad, debates have arisen concerning the governance of Muslims and the legitimate authority to lead them. Within Islamic political thought, two primary theories have gained prominence and been embraced by large Muslim communities. The first is the caliphate theory, supported by the Sunni majority, and the second is the imamate theory, upheld by the Shia, the second-largest group in Islam. In Sunni doctrine, the caliphate’s legitimacy stems from the representation of the Muslim community or allegiance granted through power and authority. Conversely, Shia doctrine asserts that the imamate derives its legitimacy from divine selection, limited to members of the Ahl al-Bayt (the Prophet’s family). Throughout the classical period, both theories largely retained their foundational frameworks despite occasional adjustments. However, the rise of modern nation-states rendered these traditional theories increasingly impractical and less applicable. In response to these shifts, Sunni scholars and thinkers actively sought governance models aligned with Islamic principles that could address the challenges of modernity while safeguarding the interests of Muslim societies. On the other hand, Shia jurists were slower and less vigorous in formulating alternative political models, as the imamate remains a fundamental tenet of Shia faith. Amidst these developments, Muhammad Mîrzâ en-Nâînî emerged as a prominent Shia thinker who sought to bridge these gaps. His seminal work, Tanbīh al-Umma wa Tanzīh al-Milla, represents a groundbreaking effort to reconcile the concept of imamate with modern political ideas. Written during the Constitutional Revolution in Iran, the book advocates for an Islamic constitutional order and challenges the prevailing sultanate system. It is widely regarded as the manifesto of the Iranian Constitutional Revolution and marks a significant evolution in Shia political theory. Nâînî's work is notable for its supra-sectarian perspective. Writing as a Muslim scholar and activist, he addresses a broad Muslim audience and emphasizes the unity of the ummah (Muslim community). The book integrates modern political concepts within the framework of Islamic sources, thereby offering a unique approach to Islamic political theory. By doing so, it underscores the broader relevance of the work beyond Shia contexts, contributing to the discourse on Islamic political thought as a whole. This study aims to highlight the importance of Tanbīh al-Umma wa Tanzīh al-Milla in the broader context of Islamic political theory. A secondary goal is to promote awareness of this work among scholars in other regions. To achieve these objectives, the study first provides an overview of the author and the work, then examines its significance within Islamic political thought. The findings reveal that Nâînî conducted a comprehensive analysis of the historical political experiences of Muslims, transcending sectarian divides. He emphasized the collective identity of Muslims and the unity of the ummah in the face of imperialism and despotic rulers. By adapting Shia political thought, particularly the rigid concept of imamate, he developed a theory that shares commonalities with Sunni perspectives. This adaptation allowed jurists to assume a role in political and social governance on behalf of imams. Furthermore, Nâînî sought to harmonize modern statecraft with Islamic principles, offering practical solutions to address internal tyranny and external colonial domination. [ABSTRACT FROM AUTHOR]

The goal of this study was to outline serious abuses committed against women during the war and demonstrate how the legal system handles these kinds of crimes reflects both the regulations' inapplicability and incapacity to protect women. We attempted to review a few of those regulations, but since human- made regulations cannot be compared to those created by God, the study concluded that Islamic laws protecting women ought to be implemented during times of armed conflict due to their efficacy. Regarding the protection of women during conflict or war, every Muslim is required to abide by the laws of the Quran and Hadith. Eventually, this could apply to the entire world. [ABSTRACT FROM AUTHOR]

The significance of Maqasid in developing innovative and new products and services by Islamic financial institutions is undeniable and beyond question, as it not only guides the objectives and goals of Islamic laws but also helps establish a guiding framework for the well-being of the consumers. Therefore, this study is an effort to assess the extent to which Islamic financial institutions within Pakistan integrate Maqasid into their product and service development. The data is gathered in two phases, and a mixed-method approach is used to achieve the objectives of the current study. The first phase is qualitative, where the main themes are built through content analysis using NVivo. Based on the themes built in the first phase, a questionnaire is established in the second quantitative phase. Data is collected from banking executives and Shariah advisors who are directly involved in the product development process. The findings show that Maqasid al-Shariah is acknowledged in Pakistan's Islamic banks' purpose and vision statements. It also concludes that in all three phases of product development, i.e., from idea generation to product conversion and product commercialization, most Islamic banks have considered Maqasid al-Shariah. This study is helpful for customers of Islamic banks, bankers, and society as the products developed after considering Maqasid al- Shariah provide justice, equity, and well-being in society. [ABSTRACT FROM AUTHOR]

The precise description of the roles and qualifications of Saudi judges (qāḍī) in the legal process assist in understanding the actual practice of jurisprudence. This paper aims to shed light on the jurisprudential procedure and the responsibilities of judges in the past and present Saudi legal system. Although the Saudi judges had freedom to exercise independent reasoning in the process of evaluating cases during the uncodified period before the 2020s, they were required to follow the classical regulations that were transmitted by the previous Ḥanbalī scholars' textual sources. On the other hand, recent codification attempts provide Saudi scholars with a kind of set of systematized traditional rules and bring standardization in final decisions. Since the rules of codification are directly derived from the main sources (the Qur'an and Sunna) of Islamic law, the Saudi legal system is supposedly governed by the traditional framework of Islamic law, and this semi-independent nature separates it from its counterparts' dependent codified legal systems. This article elucidates the transformational process of the Saudi legal system from classical implementation to codification. In applying analytical and descriptive methods, the objective of this paper is to investigate the responsibilities and training process of the judges and the jurisprudential procedure in the Saudi legal system. [ABSTRACT FROM AUTHOR]