Business performance is traditionally viewed from the one-dimensional financial angle. This paper develops a new approach that links performance to the ethical vision of Islam based on maqasid al-shari’ah . The approach involves a Pentagon-shaped performance scheme structure via five pillars, namely wealth, posterity, intellect, faith, and human self. Such a scheme ensures that any firm or organization can ethically contribute to the promotion of human welfare, prevent corruption, and enhance social and economic stability and not merely maximize its (...) own performance in terms of its financial return. A quantitative measure of ethical performance is developed. It surprisingly shows that a firm or organization following only the financial aspect at the expense of the others performs poorly. This paper discusses further the practical instances of the quantitative measurement of the ethical aspects of the system taken at an aggregate level. (shrink)

This study utilises higher objectives postulated in Islamic moral economy or themaqasid al-Shari’ahtheoretical framework’s novel approach in evaluating the ethical, social, environmental and financial performance of Islamic banks.Maqasid al-Shari’ahis interpreted as achieving social good as a consequence in addition to well-being and, hence, it goes beyond traditional (voluntary) social responsibility. This study also explores the major determinants that affectmaqasidperformance as expressed through disclosure analysis. By expanding the traditionalmaqasid al-Shari’ah,, we develop a comprehensive evaluation framework in the form of amaqasidindex, (...) which is subjected to a rigorous disclosure analysis. Furthermore, in identifying the main determinants of themaqasiddisclosure performance, panel data analysis is used by including several key variables alongside political and socio-economic environment, ownership structures, and corporate andShari’ahgovernance-related factors. The sample includes 33 full-fledged Islamic banks from 12 countries for the period of 2008–2016. The findings show that although during the nine-year period the disclosure ofmaqasidperformance of the sampled Islamic banks has improved, this is still short of ‘best practices’. Through panel data analysis, this study finds that the Muslim population indicator, CEO duality,Shari’ahgovernance, and leverage variables positively impact the disclosure ofmaqasidperformance. However, the effect of GDP, financial development and human development index of the country, its political and civil rights, institutional ownership, and a higher share of independent directors have an overall negative impact on themaqasidperformance. The findings reported in this study identify complex and multi-faceted relations between external market realities, corporate andShari’ahgovernance mechanisms, andmaqasidperformance. (shrink)

The field of Islamic bioethics is currently in development as thinkers delineate its normative content, ethical scope and research methods. Some scholars have offered Islamic bioethical frameworks based on the maqāṣid al-Sharīʿah, the higher objectives of Islamic law, to help advance the field. Accordingly, a recent JBI paper by Ibrahim and colleagues describes a method for using the maqāṣid al-Sharīʿah to provide moral end-goals and deliberative mechanisms for an Islamic bioethics. Herein I highlight critical conceptual and practical gaps in the (...) model with the hopes of fostering greater discussion about how maqāṣid al-Sharīʿah frameworks may fit within Islamic bioethics deliberation. (shrink)

Genetically modified organisms have increasingly dominated commodity crop production in the world in the endeavour to address issues related to food security. However, this technology is not without problems, and can give rise to bioethical issues for consumers, particularly Muslims. The Islamic perspective on GMOs is complex and goes beyond just the determination of whether food is halal or not. If the food is halal, but the process to obtain it is not thoyibban, as it is unethical, then the food (...) cannot be permitted under the Maqasid al-Shari’ah. This paper examines ethical issues pertaining to GM crops and how the related ethical issues contradict with Islamic principles beyond the binary distinction between the contaminated and uncontaminated food. Since GM technology is a contemporary issue that may not be directly addressed in the al-Quran and Sunnah, other Islamic sources should also be referred to when drawing up this code of ethics to achieve the objective of Syariah. Maqasid al-Shari’ah can be applied to frame the Islamic bioethics guideline as it is comprehensive and encompasses moral principles directly applicable to modern biotechnology. The paper subsequently explores how the principles of Maqasid al-Shari’ah are applied in addressing these ethical issues. (shrink)

: The Islamic jurists utilized the discipline of maqāṣid al-sharīʿah,in its capacity as the philosophy of Islamic law, in their legal and ethicalinterpretations, with added interest in addressing the issues of modern times.Aphoristically subsuming the major themes of the Sharīʿah, maqāṣid play apivotal role in the domain of decision-making and deduction of rulings onunprecedented ethical discourses. Ethics represent the infrastructure of Islamiclaw and the whole science of Islamic jurisprudence operates in the lightof maqāṣid to realize the ethics in people’s lives. (...) Scrutinizing the key themesof maqāṣid-based ijtihād and scope of ethics in maqāṣid, this article delvesinto the discourse on the application of maqāṣid to medical ethics. As a casestudy, this research analyses the extent of medical confidentiality in the light ofmaqāṣid and arrives at the conclusion that limited confidentiality goes more inline with the maxims of maqāṣid. (shrink)

Tri-parent baby technology is an assisted reproductive treatment which aims to minimize or eliminate maternal inheritance of mutated mitochondrial DNA. The technology became popular following the move by the United Kingdom in granting license to a group of researchers from the Newcastle Fertility Centre, Newcastle University to conduct research on the symptoms of defective mtDNA. This technology differs from other assisted reproductive technology because it involves the use of gamete components retrieved from three different individuals. Indirectly, it affects the preservation (...) of lineage which is important from an Islamic point of view. This paper aims to analyze and discuss the implications of the tri-parent technology on preservation of lineage from the perspective of Maqasid al-Shari’ah based the Islamic bioethics. The analysis shows that there are a few violations of the preservation of lineage, hence the tri-parent baby technology should not be permitted. (shrink)

Classification of sciences; Moslem scholars; Africa, North.

al-mujallad al-awwal. al-Qayim al-īmānīyah wa-al-qiyam al-ijtimāʻīyah -- al-mujallad al-thānī. al-Qiyam al-akhlāqīyah -- al-mujallad al-thālith. -- al-Qiyam al-siyāsīyah wa-al-idārīyah wa-al-qiyam al-iqtiṣādīyah -- al-mujallad al-rābiʻ. al-Qiyam al-ʻilmīyah wa-al-qiyam al-ṣiḥḥīyah wa-al-bīʼah wa-al-qiyam al-wajdānīyah wa-al-jamālīyah.

Sadr al-Sharīʿah (d. 747/1346) is one of the theologians representing the later period of the Māturīdī kalām. He based his system of thought on his criticisms of Avicenna, al-Rāzī, and Ṭūsī. His criticism of these names stems from his own understanding of being. He thinks differently from the theologians of the later period on issues such as the essence-existence division, the superaddition of existence to essence, and the acceptance of mental being, which are accepted by the majority of theologians of (...) the later period. His understanding of being in question also influenced his analysis of the idea of the wahdat al-wujūd. In the study, some aspects of the framework proposed by Muhammed Bedirhan will be given first. Then, in order to make sense of Sadr al-Sharīʿah’s criticism of wahdat al-wujūd, the major understandings of wahdat al-wujūd will be summarized briefly, and finally, Sadr al-Sharīʿah’s analysis of wahdat al-wujūd will be examined and clarified using Bedirhan’s framework. Although the framework has subheadings, it classifies criticisms into two categories: rationally-based and sharʻī-based objections. Rational objections are directed from the traditions of kalām and philosophy, while sharʻī-based objections come from Salafi thinkers, faqihs, and sufis. The framework is comprehensive in classifying criticisms against the theory of wahdat al-wujūd. This framework will clarify Sadr al-Sharīʿah’s approach, and the source of his criticisms should be identified. According to Bedirhan, the sufis’ theory is in conflict with the members of other schools in two aspects, practical and theoretical. While the first one considers sufism a religious state (ḥal), the second one is the point that shapes the view of other intellectual groups on sufism in terms of the fact that sufism is also a science. Bedirhan has based the theoretical conflict part of his framework on the triple classification of al-Jābiri: burhān, beyān and irfān. According to al-Jābiri’s classification, sufism, which is included under the title of irfān, deals with the previous two traditions mentioned. However, burhan and beyan traditions also offer their criticisms of the epistemological and ontological acceptances of the irfān tradition. Behind the criticism of the traditions of thought towards each other is the claim that the metaphysical theory of the opposite group is insufficient. According to the presented framework Sadr al-Sharīʿah’s criticisms can be considered within not only the kalām tradition but also the sufi tradition, because he is a sufi who accepts ittihād as one of the “sayr sulūk” degrees. Sadr al-Sharīʿah’s explains two proofs by which sufis defend their metaphysical theory, and also presents a counter-proof based on the verbal commonality of sense knowledge and being. He also aims to point out the weakness of the metaphysical theory of sufis with the view that the idea of ittihād is unique to a certain degree. By mentioning Sadr al-Sharīʿah’s criticisms and explanations of wahdat al- wujūd, the study identifies Sadr al-Sharīʿah’s stance on the rational and sharʻī-based objections. (shrink)

The goal of responsible engineers is the creation of useful and safe technological products and commitment to public health, while respecting the autonomy of the clients and the public. Because engineers often face moral dilemma to resolve such issues, different engineers have chosen different course of actions depending on their respective moral value orientations. Islam provides a value-based mechanism rooted in the Maqasid al-Shari‘ah (the objectives of Islamic law). This mechanism prioritizes some values over others and could help (...) resolve the moral dilemmas faced in engineering. This paper introduces the Islamic interpretive-evaluative maxims to two core issues in engineering ethics: genetically modified foods and whistleblowing. The study aims primarily to provide problem-solving maxims within the Maqasid al-Shari‘ah matrix through which such moral dilemmas in science and engineering could be studied and resolved. (shrink)

Many question whether Islam and science can be compatible. In the first six hundred years of Islam, Muslims addressed all fields of knowledge available to them with unprecedented zeal and contributed immensely to the knowledge that became the precursor of the Renaissance in Europe. The Tatar invasion in the thirteenth century and the total destruction of Baghdad, the Muslim capital of knowledge and science, followed by the crusades, the ensuing hostility between East and West, and Western colonialism of Muslim countries (...) led to a distrust of all knowledge emanating from the West. Such distrust closed the doors to ijtihad, a dynamic method in Islamic jurisprudence for addressing change, new demands, and new acquired knowledge, even though the Qur'an challenges Muslims to think, contemplate, understand, comprehend, and examine everything around them—tasks that bring humankind closer to God as they find methods to apply God's laws of justice and equity to the benefit of all humankind. Islam is the religion of yusr (ease) and not ‘usr (hardship). The creation of the world was for human benefit and use. Innovation for such beneficial use and application is a must. (shrink)

Writings on al-Shāṭibī have focused on his views on maṣlaḥah and Maqāṣid al-Sharīʿah. His approach to the interpretation of the Qurʾān and the implications of such an approach have only rarely been heeded. This study addresses this aspect of al-Shāṭibī’s work. It essentially asserts that in restructuring Islamic legal theory around the idea of Maqāṣid al-Sharīʿah, al-Shāṭibī brought jurists and Qurʾān commentators closer to one another. It further argues that his contribution went beyond the interest of jurists centred on legal (...) reasoning by holding a comprehensive hermeneutical view of the Qurʾān informed by belief in the thematic unity of its sūrahs and verses. Taking such unity as the cornerstone of a sound understanding of the Qurʾān capable of grasping its eternal values and universal principles, he developed a methodology that has inspired a few eminent contemporary Muslim scholars who have developed what has come to be known as thematic interpretation of the Qurʾān. This article discusses al-Shāṭibī’s hermeneutics of the Qurʾān by delineating his epistemic and methodological propositions. Thus, the author aims to show the existence of semantic unity and epistemic interconnectedness among different disciplines in Islamic scholarship. (shrink)

This article presents the Islamic bioethical deliberation on the issue of sex assignment surgery for infants with disorders of sex development or intersexed as a case study. The main objective of this study is to present a different approach in assessing a biomedical issue within the medium of the Maqasid al-Shari’ah. Within the framework of the maqasidic scheme of benefits and harms, any practice where benefits are substantial is considered permissible, while those promoting harms are prohibited. The concept of (...) Maqasid al-Shari’ah which is the mechanistic interpretation of Qur’an and Hadith presents the holistic attention of Islam on many life activities, including healthcare. Indeed, this concept encompasses many aspects of worldly life, both for the human individual and collectively for the whole society. In healthcare, the practice of SAS on DSD newborns has presented an assortment of implications on the future livelihood of the affected individual. The process of decision-making seems to be very multifaceted since every element such as the determination of the ‘correct’ sex and the urgency of early surgery must consider the benefits and harms, as well as the child’s rights and best interest. The application of the concept of Maqasid al-Shari’ah, would convey a pragmatic approach that is often disregarded in Western medicine. This approach considers the right of the individual to live life optimally, individually and socially and practice his faith, precisely, in accordance with the assigned gender. (shrink)

The discovery of clustered regularly interspaced short palindromic repeats (CRISPR) and the CRISPR-mediated protein 9 (CRISPR-Cas9) immediately revealed numerous potential therapeutic applications. Although CRISPR-Cas9 will most likely be useful for addressing issues such as genetic diseases and related medical issues, use of this modality for germline modification generates complex ethical questions regarding the safety and efficacy, human genetic enhancement, and “designer” babies. In this article, the case of the He Jiankui affair is used as an example of the potential for (...) unregulated use of CRISPR-Cas9 technology. In 2018, Dr He Jiankui reported that he had successfully edited human embryos. This work clearly violates all international principles of bioethics. As such, the purpose of this paper is to explore the ethical challenges inherent in the use of CRISPR-Cas9 for human germline editing from the perspectives of the goals of Islamic law (Maqasid al Shari'a) and the major jurisprudential maxims (Qawaid Fiqhiyyah). We argue that from an Islamic standpoint, the therapeutic application of CRISPR-Cas9 for germline editing may be permissible if the safety and efficacy concerns are resolved and if the principles of Maqasid al-Shari'a are fulfilled. (shrink)

After more than 40 years of practice, the Islamic finance industryis composed of products with claim of Islamicity but questionable on theirShariʽah credentials. The industry is increasingly exposed to cynicism anddecline in popular interest. This paper restates the essence of riba prohibitionfrom an economic perspective. It evaluates the Shariʽah scholars approach tovalidation of contracts as well as the monetary authorities’ attitude towards theShariʽah content of Islamic finance transactions. It points out the advantagesof Islamic finance within an Islamic macroeconomic environment. It (...) looks intothe problem of convergence of Islamic finance to conventional finance, andreasons behind the convergence. This study finds that several violations of thetrue paradigm of Islamic finance are because of its advantages being all externaland impossible to internalize. The paper concludes with some proposals forchecking the convergence. (shrink)

The NGO Forum, held in Houairou, China, in the fall of 1995, was a defining moment in the global dialogue among women on issues relating to Islam. Prior to that event, discussions of Islamic shari'ah law (law based on religious foundations), in particular, and Islam, in general, had been escalating both in the West and in Muslim countries. In the regional conferences held in preparation for the United Nations Fourth World Conference on Women, held concurrently with the NGO Forum, the (...) intellectual fault‐lines surrounding these issues became pronounced between two radically different schools of thought. The first school of thought argued that shari'ah law was outmoded and should be discarded in favor of a modern Western secular model. The second school of thought denied any problems under existing shari'ah laws. Each group felt very strongly about its point of view. The battle was joined in Houairou. (shrink)

Iqbal, Muhammad, Sir,1877-1938 ; Islamic philosophy; criticism.

Aims To examine the understanding of the ethical dilemmas associated with Big Data and artificial intelligence (AI) among Jordanian medical students, physicians in training, and senior practitioners. Methods We implemented a literature-validated questionnaire to examine the knowledge, attitudes, and practices of the target population during the period between April and August 2023. Themes of ethical debate included privacy breaches, consent, ownership, augmented biases, epistemology, and accountability. Participants’ responses were showcased using descriptive statistics and compared between groups using t-test or ANOVA. (...) Results We included 466 participants. The greater majority of respondents were interns and residents (50.2%), followed by medical students (38.0%). Most participants were affiliated with university institutions (62.4%). In terms of privacy, participants acknowledged that Big Data and AI were susceptible to privacy breaches (39.3%); however, 59.0% found such breaches justifiable under certain conditions. For ethical debacles involving informed consent, 41.6% and 44.6% were aware that obtaining informed consent posed an ethical limitation in Big Data and AI applications and denounced the concept of “broad consent”, respectively. In terms of ownership, 49.6% acknowledged that data cannot be owned yet accepted that institutions could hold a quasi-control of such data (59.0%). Less than 50% of participants were aware of Big Data and AI’s abilities to augment or create new biases in healthcare. Furthermore, participants agreed that researchers, institutions, and legislative bodies were responsible for ensuring the ethical implementation of Big Data and AI. Finally, while demonstrating limited experience with using such technology, participants generally had positive views of the role of Big Data and AI in complementing healthcare. Conclusion Jordanian medical students, physicians in training and senior practitioners have limited awareness of the ethical risks associated with Big Data and AI. Institutions are responsible for raising awareness, especially with the upsurge of such technology. (shrink)

Deferred sale, in the Islamic Banking and Financeworld widely known as Bai’ bi thaman ajil, is used as an extension toProfit-sale ; both sales complement each other. The Profitsalesells the commodity with profit over the cost price, and BBA plays the roleof receiving that payment on deferred or instalment basis. BBA has becomethe “premier consumer financing facility” for the Islamic financial institutions. This paper deals with deferred sale precisely. It looks into its origin andits transition from void to valid sale. (...) Its application as trade contract and itsmodern application as financing tool is analysed in the light of the maqāṣidSharīʿah. (shrink)

: Hisbah is the most important institution in a society and nation.Enforcement parties are those who are directly involved in executing this. Incarrying out their duties, they bear heavy responsibility because it involvesthe rights of Allah and the rights of human. Hisbah implies theimplementation of al-amr bi-l-maʿrūf when it is clear thatit is abandoned, and wa-n-nahy ʿani-l-munkar when itis clear that it is done. This study is based on the concept of Hisbah in SharīʿahLaw which is of a general and (...) widespread aspect of enjoining good andpreventing evil. Literature reviews and library searches have been conductedintensively to clarify the principles of hisbah. Additionally, descriptiveand content analysis of textual content was done on the provisions of lawsand regulations as well as guidelines on the prevention of sharīʿah crimeparameters in Malaysia. In general, our country has implemented the conceptof hisbah in its own form without the branding of an institution specifically as“the institution of hisbah”. The roles and functions of hisbah are given to theSharīʿah Enforcement Division, Islamic Religious Department in the states. (shrink)

Women in Islam; Islamic religious educations.

Advancement of modern agricultural biotechnology has brought various potential benefits to humankind, but at the same time ethical concerns regarding some applications such as genetically modified foods have been raised among the public. Several questions are being posed; should they utilize such applications to improve quality of their life, or should they refrain in order to save themselves from any associated risk? What are the ethical principles that can be applied to assess these applications? By using GMF as a case (...) study, this paper discusses possible answers to these questions from Islamic perspective. Such answers are based on the understanding of the Islamic concept of maslahah and mafsadah as well as the Islamic principles of priority. There is no specific GMF that has been declared as unlawful by Muslim scholars thus far. Nevertheless, they generally state that any GMF that contains unlawful substance is prohibited in Islam. Such statement can be understood since Islam puts highest priority to preserve shari’ah which prescribes the lawful and unlawful things in human life. Priorities have also been given to preserve human health and environment therefore any GMF that may inflict harm on both entities is also considered as unlawful. (shrink)