Indonesian Journal of Interdisciplinary Islamic Studies (IJIIS)

THE ROLE OF THE SHARIAH BOARD IN PROTECTING AND PROMOTING THE STAKEHOLDERS’ RIGHTS IN BAHRAIN

Mazin Hassan — 2024-06-30

Islamic corporate governance (ICG) is aimed at maintaining Shariah compliance in the Islamic finance industry. Thus, it seeks to achieve the strategic objectives of Shariah, that are maqāṣid al-Shariah. Accordingly, it should protect and promote the stakeholders’ rights if these rights are recognized by Shariah. However, the literature on the role of Islamic corporations in protecting and promoting the rights of the stakeholders is not sufficient in contrast to conventional corporate governance (CCG). This paper fills this gap by looking into how far the Shariah board in the Kingdom of Bahrain protects and promotes the rights of the bank, customer, and state with reference to the maqāṣid of Shariah, specifically, the maqāṣid of wealth as well as the laws of the Kingdom of Bahrain. After the discussion, it can be concluded that the Shariah board in the Kingdom of Bahrain significantly protects and promotes the financial rights of the bank, the customer, and the state but it failed in some aspects of law and maqaṣid of Shariah specifically the circulation, and specification of wealth under the wealth maqṣaḍ.

PRIMORDIAL INCEST, THE INTRUSION OF ISRAILIYAAT AND THE QUESTION OF EVOLUTION

Sabreen Syeed Syeed — 2024-06-30

The early Muslim attitude towards Israiliyaat was overwhelmingly negative because of the prohibitions on taking knowledge from the Judeo-Christian tradition. But over time a steady import of Israiliyaat literature made its way into Quranic exegesis. The Quran was revealed to correct and rectify the mistakes documented in the Bible (Q 16:64). The Quran was not revealed to be explained in the light of those fabrications. In this paper three important instances are discussed, and it is shown how the inclusion of Israiliyaat distorts the Quranic meaning and undermines the non-contradictory nature of the Quran. One of the cases i.e Adam’s children committing incest is analyzed in detail. While neither the Quran nor Hadith support this view, it is still used as the primary explanation for the progression of the human race. This paper discusses how the dismissal of this bizarre view is necessary as it goes against the Quran. But its dismissal brings in another significant question. If there were just two humans on earth, and incest is out of the question, then how did human lineage move forward? Thus, it becomes a necessity in such a scenario to assume that there were other humans along with Adam and Eve on earth. And this is Muslim Evolutionism as espoused by Iqbal, Abdus Sabbur Shahin, Adnan Ibrahim, Israr Ahmed and others. This view is proved to be more Quranic in spirit and is in line with rationality and demonstrable scientific evidence. This paper demonstrates how biblical fabrications in Tafsir literature obscure Quranic narratives and their elimination will bring about a better understanding of the Quranic view of the origin of life.

QUEST FOR GLOBAL PEACE: CONTEXTUALIZING THE ROLE OF PROPHET MUḤAMMAD’S SUNNAH

Mohd. Ashraf Malik — 2024-06-30

The world we live in has everything to offer but peace. While the Western and European countries wrestle with calamities like sexual anarchy, drug abuse, broken marital relationships, the Asian countries are torn-apart by violence, extremism and civil wars. The race for armaments among nations, misuse of nuclear weapons, miscarriage of justice, ruthless use of military force, and exploitation of natural resources by powerful countries is all happening under the nose of United Nation’s Security Council and the International Court of Justice. The greatest challenge staring at humanity is to seek the underlying cause of violence in their societies and global levels. It requires a world-wide collaboration and collective efforts to ensure enduring peace at local and international levels. To make peace a reality, humanity has to seek for the harmony at grass-root levels. In this context, the role of one of the greatest benefactors of humanity-Prophet Muḥammad (PBUH) is productive and comprehensive. The Prophet (PBUH) ushered peace at all the levels of the society as was reflected in his conduct and behavior. In this paper, I seek to contextualize the role of Prophet Muḥammad (PBUH) in building up the peace within humanity. Some glaring examples from the life of the Prophet (PBUH) may be cited that will help in addressing the grave challenges of insecurity and violence in the world. The paper suggests for the adoption of the practices and principles of Prophet Muḥammad (PBUH) that would go a long way to nurture peace among individuals and societies.

THE IMPACTS OF MARRIAGE DISPENSATION IN PSYCHOLOGICAL, JURIDICAL AND ISLAMIC LAW PERSPECTIVES

Ongky Alexander Alexander — 2024-06-30

Marriage dispensation is an exception made in emergency situations, and in Islam, it can be applied without violating the principles of Islamic law. It means it can be carried out as long as it complies with the legal requirements of the state and Islamic law, and there is evidence of permission from the Religious Court because of, for example, pregnancy out of wedlock. The purpose of this study is to examine the psychological and juridical implications of marriage dispensation. To help couples understand the purpose of marriage, they must be mentally and physically prepared. The results of this study indicate the impact of psychologically immature marriage dispensation on mindset and psychological immaturity. Therefore, if rules and evidence are not limited, it will lead to several problems such as increasing divorce rates, low economic conditions, vulnerability to domestic violence, and so on. Meanwhile, the juridical impact of Law No. 16 of 2019 indeed regulates marriage dispensation only in a normative sense. However, in practice, sociologically, there is room to facilitate marriage dispensation. Meanwhile Islamic law does not have specific provisions regulating marriage dispensation because most scholars only affirm that maturity (baligh) is a prerequisite for someone's marriage to be valid, without specifying a minimum age limit for marriage.

PHILOSOPHY OF ISLAMIC EDUCATION FROM THE PERSPECTIVE OF ALI AHMAD MADKUR: A CRITICAL ANALYSIS

Andry Setiawan — 2024-06-30

This article employs a critical analysis method to elucidate Ali Ahmad Madkur's views on the philosophy of Islamic education. In this study, we delve into an in-depth analysis of his writings and thoughts, focusing on philosophical concepts he deems controversial. Madkur's seemingly antipathetic stance toward the philosophy of Islamic education is expounded, emphasizing the potential deviation of pure Islamic values through the application of philosophical concepts. The research method encompasses literature review and analysis of Madkur's primary texts. We also consider the practical consequences of Madkur's views on the implementation of Islamic education. In the context of constructive dialogue and continuous reflection, this article provides space for understanding different perspectives and encourages profound considerations regarding the integration of Islamic values with contemporary educational needs.