ABSTRACT: The formulation of Islamic law is based on a universal-humanity foundation, covering worldly
and hereafter interests, aiming to make people happy protect them from evil and destruction, and Islam is
suitable in various conditions, times and places. There is a greater difficulty if the development of Islamic law
does not want to go through the path of the goals of Islamic law, or at least the general principles of Islamic law.
Therefore, in the development of Islamic legal thought, thinkers are relatively quick to agree on ‗mashlahah‘ as
‗maqashid sharia‘ or what is more popularly known as the goal of Islamic law. More than that, maslahah in its
development is not only a legal goal but also becomes a proposition in the formulation of Islamic law itself. The
importance of research based on Islamic legal philosophy through the maqashid sharia of electronic commerce
(e-commerce), because it is a modern trading model, not discovered by researchers in classical fiqh, and even
contemporary fiqh before the 1990s, in Indonesia e-commerce began in the early 2000s. This qualitative
research paradigm and its type of normative legal research used secondary data traced and obtained from
libraries and internet sites to find new arguments regarding the formulation and purpose of Islamic law on ecommerce.
KEYWORDS: Formulation, Business Fiqh Contemporary, Maqashid Sharia, Electronic Commerce (ECommerce).
The document discusses Islamic law (Sharia) and its concept of punishment. It makes the following key points:
1) Sharia is based on the Quran and teachings of the Prophet Muhammad. It aims to guide people towards good and remove evil from society.
2) There are differences in interpretation between the major Sunni and Shia schools of Islamic law. However, they generally agree on concepts of punishment.
3) Punishment under Sharia seeks to protect five goals - life, reputation, religion, family, and property. It uses mechanisms like developing an Islamic conscience and economic reform, as well as severe punishments as a last resort, to deter crimes against these goals.
Maqasid as-Shariah is very important subject in understanding the whole picture of Islamic law. Without the knowledge about maqasid as-Shariah, people will not be able to see the beautiful of Islam as it has been described in the Quran as the rahmah or mercy to the universe. Maqasid as-Shariah shows that every single law or regulations in the Islamic teaching are meant for the benefit of the whole universe since Islam was revealed to the universe. Shari'ah aims at the welfare of the people in this life and in the life hereafter, and for this purpose it has advised people to adopt such means and measures that may give advantage benefit/well-being to them and may ward off evil/injury/loss, from them.
Maqasid al-Shari'ah comprises those benefits/welfare/advantages behind the revelation of Islamic Laws.
It aims at the attainment of good, welfare, benefits, and warding off evil, injury, loss, etc. for the creatures. (All this in Arabic terminology can be stated as Masalih al-'Ibad.)
Many jurists have tried to explain the aims and objectives of Shari'ah upon which it is established.
Among the outstanding figures are the Malikite Abu Ishaq al-Shatibi, the Shafite al-'Izz ibn 'Abd aI-Salam, and the Hanbalite Ibn Qayyim al-Jawiziyyah.
Many jurists have tried to explain the aims and objectives of Shari'ah upon which it is established.
Among the outstanding figures are the Malikite Abu Ishaq al-Shatibi, the Shafite al-'Izz ibn 'Abd aI-Salam, and the Hanbalite Ibn Qayyim al-Jawiziyyah.
One of very important objective is:
Rahmah (Mercy or Compassion), that seek to eliminate prejudice, alleviate hardship and establish justice. The laws of the Qur’an and Sunnah also seek to promote co-operation and support within the family and the society at large.’Adl or Qist (Justice), is indeed a manifestation of God’s Mercy, but may also be seen as a principal objective of the Shari’ah.
One of very important objective is Rahmah (Mercy or Compassion), that seek to eliminate prejudice, alleviate hardship and establish justice. The laws of the Qur’an and Sunnah also seek to promote co-operation and support within the family and the society at large.’Adl or Qist (Justice), is indeed a manifestation of God’s Mercy, but may also be seen as a principal objective of the Shari’ah. An adequate knowledge of the maqasid
thus equips the student of Shari’ah with insight and provides him with a theoretical framework in which the attempt to acquire detailed knowledge of its various doctrines can be more meaningful and interesting.
The document discusses the objectives (maqasid) of Islamic divine law (shari'ah) according to the Maqasid theory. It presents the Maqasid model as consisting of concentric circles representing different categories of objectives, with the core being Islamic creed. The inner circle contains five essential objectives or necessities - religion, life, intellect, procreation, and property. Outer circles represent complementary and embellishing objectives. The purpose of shari'ah is to both establish and protect humans' masalih or benefits. It uses examples from the abandoned ship case study to illustrate how shari'ah aims to realize benefits and prevent harms.
This document discusses the objectives (maqasid) of Islamic divine law (shariah) according to the Maqasid theory. It presents the Maqasid model as consisting of concentric circles representing different categories of objectives - with the core circle being Islamic creed/belief, surrounded by circles of essential objectives (necessities like religion, life, intellect, procreation, property), complementary objectives, and embellishment objectives. The document uses the example of an abandoned ship with 300 passengers to illustrate how the maqasid framework can be applied to analyze legal/moral issues. It also discusses how reason and revelation in Islam are consistent and how different scholars have viewed the overall purpose of shariah.
The term Sharia itself derives from the verb shara'a, which according to Abdul Mannan Omar's
Dictionary of the Holy Qur'an connects to the idea of "spiritual law" (5:48) and "system of
divine law; way of belief and practice" (45:18) in the Quran.
This paper tries to determine the Islamicity of Muslims in general in light of the duty of the Prophet Muhammad pbuh. The duty is reflected in the phrase „Rahmantan lil Alamin‟(QS, 21:107). A content analysis is done on the exegesis of the phrase by competent Islamic scholars. It was found out that “Rahmat” being the important word in the phrase is close in meaning with the word Maslahah in Islamic legal and economic terms, which means public benefit. Maslahah is the Illat or Ratio Legis in the law of God. Thus, a pious and real Muslim must practice this moral law in their economic activities to bring benefit for others and repel damage, so as to support the duty of the Prophet pbuh.
Introduction to Islamic Commercial Law.pptxEvidenceRules
This document provides an introduction to Islamic commercial law (fiqh muamalat) and the key concepts of shariah. It discusses the sources of shariah which are agreed upon, including the Quran, sunnah, ijma, and qiyas. It also outlines the five rulings in Islam - wajib, mandub, haram, makruh, and mubah. Finally, it introduces the concept of muamalat, or Islamic transactions, covering the basic principles that guide the formation of rulings in commercial dealings like permissibility, mutual consent, conformity with Islamic objectives, transparency, and justice.
The document discusses the nature and sources of Shari'ah law. It defines Shari'ah as the divine religious law and path revealed to Muslims through the Quran and teachings of the Prophet Muhammad. Shari'ah is concerned with establishing values and protecting faith, life, intellect, family and wealth. It provides guidance for both legal and moral matters. Fiqh refers to the body of Islamic jurisprudence developed by legal schools and scholars through ijtihad (reasoning). The primary sources of Shari'ah are the Quran, authentic hadiths, consensus of scholars, and analogy. Ijtihad and scholarly reasoning are used to derive rulings for issues not directly addressed in the primary sources
The document discusses Islamic law (Sharia) and its concept of punishment. It makes the following key points:
1) Sharia is based on the Quran and teachings of the Prophet Muhammad. It aims to guide people towards good and remove evil from society.
2) There are differences in interpretation between the major Sunni and Shia schools of Islamic law. However, they generally agree on concepts of punishment.
3) Punishment under Sharia seeks to protect five goals - life, reputation, religion, family, and property. It uses mechanisms like developing an Islamic conscience and economic reform, as well as severe punishments as a last resort, to deter crimes against these goals.
Maqasid as-Shariah is very important subject in understanding the whole picture of Islamic law. Without the knowledge about maqasid as-Shariah, people will not be able to see the beautiful of Islam as it has been described in the Quran as the rahmah or mercy to the universe. Maqasid as-Shariah shows that every single law or regulations in the Islamic teaching are meant for the benefit of the whole universe since Islam was revealed to the universe. Shari'ah aims at the welfare of the people in this life and in the life hereafter, and for this purpose it has advised people to adopt such means and measures that may give advantage benefit/well-being to them and may ward off evil/injury/loss, from them.
Maqasid al-Shari'ah comprises those benefits/welfare/advantages behind the revelation of Islamic Laws.
It aims at the attainment of good, welfare, benefits, and warding off evil, injury, loss, etc. for the creatures. (All this in Arabic terminology can be stated as Masalih al-'Ibad.)
Many jurists have tried to explain the aims and objectives of Shari'ah upon which it is established.
Among the outstanding figures are the Malikite Abu Ishaq al-Shatibi, the Shafite al-'Izz ibn 'Abd aI-Salam, and the Hanbalite Ibn Qayyim al-Jawiziyyah.
Many jurists have tried to explain the aims and objectives of Shari'ah upon which it is established.
Among the outstanding figures are the Malikite Abu Ishaq al-Shatibi, the Shafite al-'Izz ibn 'Abd aI-Salam, and the Hanbalite Ibn Qayyim al-Jawiziyyah.
One of very important objective is:
Rahmah (Mercy or Compassion), that seek to eliminate prejudice, alleviate hardship and establish justice. The laws of the Qur’an and Sunnah also seek to promote co-operation and support within the family and the society at large.’Adl or Qist (Justice), is indeed a manifestation of God’s Mercy, but may also be seen as a principal objective of the Shari’ah.
One of very important objective is Rahmah (Mercy or Compassion), that seek to eliminate prejudice, alleviate hardship and establish justice. The laws of the Qur’an and Sunnah also seek to promote co-operation and support within the family and the society at large.’Adl or Qist (Justice), is indeed a manifestation of God’s Mercy, but may also be seen as a principal objective of the Shari’ah. An adequate knowledge of the maqasid
thus equips the student of Shari’ah with insight and provides him with a theoretical framework in which the attempt to acquire detailed knowledge of its various doctrines can be more meaningful and interesting.
The document discusses the objectives (maqasid) of Islamic divine law (shari'ah) according to the Maqasid theory. It presents the Maqasid model as consisting of concentric circles representing different categories of objectives, with the core being Islamic creed. The inner circle contains five essential objectives or necessities - religion, life, intellect, procreation, and property. Outer circles represent complementary and embellishing objectives. The purpose of shari'ah is to both establish and protect humans' masalih or benefits. It uses examples from the abandoned ship case study to illustrate how shari'ah aims to realize benefits and prevent harms.
This document discusses the objectives (maqasid) of Islamic divine law (shariah) according to the Maqasid theory. It presents the Maqasid model as consisting of concentric circles representing different categories of objectives - with the core circle being Islamic creed/belief, surrounded by circles of essential objectives (necessities like religion, life, intellect, procreation, property), complementary objectives, and embellishment objectives. The document uses the example of an abandoned ship with 300 passengers to illustrate how the maqasid framework can be applied to analyze legal/moral issues. It also discusses how reason and revelation in Islam are consistent and how different scholars have viewed the overall purpose of shariah.
The term Sharia itself derives from the verb shara'a, which according to Abdul Mannan Omar's
Dictionary of the Holy Qur'an connects to the idea of "spiritual law" (5:48) and "system of
divine law; way of belief and practice" (45:18) in the Quran.
This paper tries to determine the Islamicity of Muslims in general in light of the duty of the Prophet Muhammad pbuh. The duty is reflected in the phrase „Rahmantan lil Alamin‟(QS, 21:107). A content analysis is done on the exegesis of the phrase by competent Islamic scholars. It was found out that “Rahmat” being the important word in the phrase is close in meaning with the word Maslahah in Islamic legal and economic terms, which means public benefit. Maslahah is the Illat or Ratio Legis in the law of God. Thus, a pious and real Muslim must practice this moral law in their economic activities to bring benefit for others and repel damage, so as to support the duty of the Prophet pbuh.
Introduction to Islamic Commercial Law.pptxEvidenceRules
This document provides an introduction to Islamic commercial law (fiqh muamalat) and the key concepts of shariah. It discusses the sources of shariah which are agreed upon, including the Quran, sunnah, ijma, and qiyas. It also outlines the five rulings in Islam - wajib, mandub, haram, makruh, and mubah. Finally, it introduces the concept of muamalat, or Islamic transactions, covering the basic principles that guide the formation of rulings in commercial dealings like permissibility, mutual consent, conformity with Islamic objectives, transparency, and justice.
The document discusses the nature and sources of Shari'ah law. It defines Shari'ah as the divine religious law and path revealed to Muslims through the Quran and teachings of the Prophet Muhammad. Shari'ah is concerned with establishing values and protecting faith, life, intellect, family and wealth. It provides guidance for both legal and moral matters. Fiqh refers to the body of Islamic jurisprudence developed by legal schools and scholars through ijtihad (reasoning). The primary sources of Shari'ah are the Quran, authentic hadiths, consensus of scholars, and analogy. Ijtihad and scholarly reasoning are used to derive rulings for issues not directly addressed in the primary sources
The document provides an overview of the sources of Islamic law, including its primary sources (Quran, hadith, ijma, and qiyas) and secondary sources (istihsan, masalih mursalah, urf, istishab). It defines each source and provides examples. The philosophy of Islamic law is also discussed, aiming to maintain life, freedom of belief, intellect, honor, property, and ensure all actions are performed with obligations.
This document provides an introduction to Islamic commercial law (fiqh muamalat). It begins by defining key Islamic concepts like aqidah, akhlaq, shariah, and fiqh. It then discusses the objectives of shariah (maqasid al-shariah) and categorizes them. The document outlines the sources of shariah that are agreed upon, such as the Quran, sunnah, ijma, and qiyas. It also discusses the five rulings in Islam - wajib, mandub, haram, makruh, and mubah. Finally, it introduces the concept of muamalat, defining it and outlining some
This document provides an introduction to the study of Usul al-Fiqh (principles of Islamic jurisprudence) and key related terms:
- Usul al-Fiqh is the methodology for deriving rulings (ahkam) from Islamic legal sources like the Quran and hadith. It establishes the principles for understanding and interpreting these sources.
- Fiqh refers to both the body of Islamic laws and the knowledge of these laws. Sharia is synonymous with Fiqh and refers to all rulings derived from Islamic legal sources.
- Hukm Sharii are the specific rulings in Islamic texts that address human actions, commanding or prohibiting them. There
This document provides an introduction to key concepts in Islamic jurisprudence (Usul al-Fiqh). It defines Fiqh as the knowledge of Islamic rulings derived from legislative sources, and Shariah as the totality of Islamic laws. Usul al-Fiqh is the methodology for deriving rulings from the Quran, Hadith and other sources. Rulings (hukm sharii) can take different forms such as obligatory, prohibited, recommended, disliked or permissible. The document stresses that Islam must be implemented holistically as a comprehensive way of life, and not in a partial manner, in order to avoid problems.
This document provides an overview of Islamic jurisprudence (fiqh) and its relationship to sharia (Islamic law). It defines fiqh as the body of rulings and laws derived from sharia to address situations not expressly covered in the Quran and hadith. Sharia is fixed, while fiqh continues to develop with new circumstances. The sources of sharia - the Quran, hadith, consensus of scholars - are discussed. Several influential books on fiqh from different Islamic legal schools are summarized.
This document provides an introduction to Islamic banking. It discusses some key concepts:
1. Islam originated from the Arabic word for peace, which is acquired by submitting one's will to Allah. Muhammad is considered the final prophet of Islam, not the founder.
2. Islamic banking prohibits riba (usury or interest on loans), which is forbidden in the Quran. It operates based on profit and loss sharing and sharia-compliant activities and contracts.
3. Common Islamic banking contracts include musharakah (joint venture partnership) and diminishing musharakah (where one partner gradually sells their shares to the other over time). These aim to align the interests of banks and customers in investments
Sharia law is derived from the Quran and teachings of the Prophet Muhammad and governs all aspects of Muslim life, including economic activities. It emphasizes that Allah alone is the lawgiver. The objectives of Sharia are to promote justice, mercy, well-being and wisdom. To ensure compliance with Sharia, Islamic banks and financial institutions appoint Sharia supervisory boards composed of Islamic legal scholars to review contracts and transactions.
The document discusses the concept of Islamic jurisprudence (fiqh). It begins by defining fiqh and clarifying its relationship to sharia law. It then explains the comprehensiveness of fiqh, covering topics like worship, family law, transactions, politics, and ethics. The document outlines the historical stages of the growth of fiqh, from the foundational era of the Prophet Muhammad to the current era. It also discusses the differences between fiqh and sharia, and the major schools of thought in Islamic jurisprudence.
Maqasid alshariah in islamic finance an overviewArab Muslim
This document provides an overview of Maqasid al-Shari'ah (objectives of Shariah) and its role in Islamic finance. It defines Maqasid al-Shari'ah as representing the objectives and rationale behind Shariah rulings. Scholars have classified Maqasid al-Shari'ah into essentials, needs and embellishments. The key objectives are protecting religion, life, intellect, lineage and wealth. Maqasid al-Shari'ah aims to promote public interest and welfare by endorsing benefits, educating individuals, and establishing justice. It argues that realizing Maqasid al-Shari'ah is important for the continued development of
This document summarizes a research paper presented at the First International Conference on Shari'ah Oriented Public Policy in Islamic Economic System in 2015. The paper proposes a two-tier mudarabah business model based on cash waqf to promote maqasid al-shari'ah and sustainable economic development for Islamic microfinance institutions. It discusses the objectives and potential of the proposed model to safeguard maqasid al-shari'ah, reform current Islamic microfinance frameworks, and help improve socio-economic conditions for the poor through financial inclusion. The paper reviews literature on waqf and microfinance concepts and analyzes how cash waqf-based microfinance can play an important role in poverty alleviation.
This document provides an overview of the Islamic financial system. It begins with some background on the rise of globalization and different cultures attempting to contribute to the international business world. The author then discusses two challenges in writing about the Islamic financial system: 1) the religious background and 2) it not being a single, unified system. The rest of the document covers an introduction to Islam, common principles of Islamic finance like contractual fairness and social justice, prohibited transactions, modes of financing, and challenges facing Islamic finance.
This document provides an overview of the Islamic financial system. It begins with some background on the rise of globalization and different cultures attempting to contribute to the international business world. The author notes that the Islamic financial system was one such attempt to add Islamic beliefs and principles.
The author then discusses some of the challenges in writing about the Islamic financial system, such as differing applications across countries and the religious aspects. The rest of the document outlines what will be covered, including an introduction to Islam, common principles of Islamic finance, prohibited transactions, financing modes, and challenges. It provides some high-level context on the roots and goals of the Islamic financial system in adhering to Islamic law and principles.
Maslahah based Production Ensures Peace in the World Economy Compared to the ...Basharat Hossain
Maslahah means public benefit and welfare. This paper uses secondary data and analyzed the impact of two non-Maslahah products (alcohol and tobacco) and two non-Maslahah services (gambling and prostitution) on the global peace. The findings implied that, non-Maslahah products and services create impediments to attain and maintain the peace in the world economy. Alcohol produces 200 diseases and was the cause of 3.2% of global death in 2016. Tobacco is the causes of the death of over 7 million people globally in 2017 by generating cardiovascular and respiratory diseases. Gambling causes mental depression, violence in family and society, losses of economic resources. Prostitution disgraces the dignity of women and also produces several diseases, including HIV/AIDS that causes the death of 36.7 million people worldwide. Besides, it creates the hate against women by producing pornography. Conversely, Maslahah product and service such as Juice, rice, interest free banking only provide useful outcome to attain global peace. Finally, this paper recommends the ways to eliminate the production of non-Maslahah product from the economy.
Key Words: Maslahah, Non-Maslahah, Islamic Economics, Peace, World economy
A Discussion on the Concept of Maslahah and Non-Maslahah
Maslahah (مَصْلَحَة) is an Arabic word that originated from the noun ‘Salaha (صلح)’. The plural form is Masaalih (مَصَالِح). The literal meaning is good, right, appropriate, pious, good-will or friendly feelings, peacemaking, useful, beneficial and constructive (Almaany, 2017).
Terminologically, Maslahah can be defined as the consideration of those factors which obtains or ensures the benefit and welfare or inhibits the harms and also complies the aim and theme as well as the intention of the Islamic shariah (Al-Syatibi 2003, Al Ghazali). In addition, Maslahah ensures the five essential things of the life, namely faith, life, intellect, lineage and property (Mannan, 1984).
Islamic economists develop and employ the concept of Maslahah instead of the concept of utility. According to them, Maslahah is the superior concept of the utility. Utility is the property or power of the goods and services that satisfy the human needs and wants. On the contrary, Islamic economists define the Maslahah as the utility along with the useful and welfare characteristics. Hence, a product may have utility, but may not have Maslahah. Conversely, all Maslahah products have utility. For instance, fruit juice has utility and Maslahah while wine has only utility, but not have Maslahah (Mannan, 1984).
However, non-Maslahah can be used as the synonym of Mafsadah (evil). The literal meaning is harm, bad, deteriorate, perish and destroy. So a product or service may be defined as non-Maslahah product which has harmful effects for the five indispensable elements of the human life (Mannan, 1984). For example; tobacco, tobacco products, alcohol, charging usury or interest etc.
Maqasid al shariah in islamic finance an overviewMARA
This document provides an overview of Maqasid al-Shari'ah (objectives of Shariah) and its role in Islamic finance. It discusses that Maqasid al-Shari'ah aims to protect public interest and ensure the well-being of society by promoting justice, righteousness and beneficial conduct. The objectives of Shariah are classified into essentials (protection of religion, life, intellect, lineage and wealth), needs and embellishments. Realizing Maqasid al-Shari'ah is important for the development of Islamic banking, capital markets and takaful in accordance with noble principles and vision of Islam to serve the interests of all humanity.
This document provides an overview of an Islamic perspective on human development. It discusses several key points:
1. Human dignity and worth originate from God, who endowed humans with intellect and made them stewards of the earth. The core Islamic concepts of tawhid (unity of God), human custodianship, and justice define an Islamic understanding of values like freedom and rights.
2. Fundamental principles in Islam that relate to human development include human dignity, justice, freedom, equality, and social solidarity. Tawhid provides a holistic worldview that reconciles opposites.
3. An Islamic view of human development aims to create environments where people can achieve spiritual, moral and socio-economic well
The Implementation of Islamic Management Practices at MYDIN.inventionjournals
As a retail hypermarket, MYDIN offers a variety of similarly ranged products as the international hypermarket at the lowest prices amongst its competitors. It has a loyal customer base of various races that exist harmoniously in Malaysia, and it is an alternative-shopping destination for their daily necessities. Regarding the growth of the Muslim population each year, it is suitable to have halal products. Nowadays, MYDIN is a one stop centre for all locals and foreigners. With the tagline Why pay more? Buy at wholesale prices! MYDIN has successfully positioned itself in the market place. The aim of this concept paper is to see how far the management of MYDIN has implemented Islamic Management practices in their business until the owner has become a legendary Muslim business tycoon in Malaysia
Principles of Islamic Economics In The Light Of the Holy Quran and Sunnahinventionjournals
The purpose of this research is to review the principles of Islamic economy with reference to injunctions of Islam. This paper presents selected literature relating to the principles of Economics of Islam according to the Holy Quran. The study of the Holy Quran reveals that the basic principles of Islamic Economy are briefly discussed in the Holy Book while the details are elaborated in the Ahadith(Traditions of the Holy Prophet S.A.W). These principles have been transformed into inferred rules by the AIMAS (Mujtahdeen) in the light of the Holy Quran and the Ahadith. To ensure economic equality, Allah the Al mighty, has directed the rich(wealthy) people to share their financial resources with the needy people. This ensures equal distribution of wealth in the society. Through Islamic Economic System, the concept of Welfare State can be successfully implemented, As practically demonstrated by Companions of the Holy Prophet (S.A .W)(Khulafa-ERashideen)During their Rule(Caliphate) for a period of about 30 years. Allah Ta’ala has promised to provide livelihood to every soul, as such; nobody lives without food and the means of livelihood in this way, equality in economic right has been ensured for all. If the principles of Islamic economy are implemented in letter and spirit, it will contribute towards the economic development in the society. An Economic System based on the Quranic principles of equitable society and productive investment can effectively remove much of the chronic economic illnesses as suffered by the Modern Society
This document provides an overview of Islamic banking, including its foundations and operations. Some key points:
- Islamic banking is based on Islamic principles including prohibitions on riba (interest) and gharar (excessive uncertainty). It aims to be just and share risks/rewards between financiers and users of funds.
- Common Islamic financing modes include profit/loss sharing arrangements, trade-based modes like murabaha and ijara, and leasing. Funds are mobilized from deposits and utilized through various Sharia-compliant investments and projects.
- Islamic banks first emerged in the 1970s and have grown significantly since. They operate similarly to conventional banks but use Islamic financing structures. The Islamic
This document discusses Shariah law and its sources and applicability in modern times. It outlines four main elements/sources of Shariah law: the Quran, hadiths, ijma (consensus of Islamic scholars), and qiyas (analogical reasoning). It also describes three categories of crimes under Shariah law - hadd (fixed punishments for offenses against God), qisas (equivalence law for intentional injuries), and tazir (discretionary punishments). The document aims to explain the concept of hudud (hadd crimes/punishments) and its suitability today given criticisms of its implementation.
The Influence of Green Tax Implementation and Social Responsibility Programs ...AJHSSR Journal
ABSTRACT : The issue of climate change related to carbon emissions has become an alarming global
phenomenon. The manufacturing sector contributes significantly to global greenhouse gas emissions. Therefore,
efforts to mitigate climate change through the implementation of green taxes and Social Responsibility
Programsare important for manufacturing industry. This research aims to analyze the effect of implementing
green tax and Social Responsibility Programs on environmentally sustainable development in manufacturing
industry. A quantitative approach is used with the research object of manufacturing industry listed on the
Indonesia Stock Exchange in 2020-2022. Analyzed using Partial Least Square (PLS) method. The research
results show that the implementation of green tax has a significant effect on environmentally sustainable
development, while Social Responsibility Programsdo not have a significant effect. These findings indicate that
green tax policies are effective in encouraging companies to switch to more environmentally friendly business
practices, but Social Responsibility Programshave not been fully integrated with environmental sustainability
efforts. This research contributes to the literature related to fiscal policy instruments and corporate social
responsibility practices in supporting environmentally sound sustainable development in the manufacturing
sector.
KEYWORDS: Green tax; Social responsibility; Environmentally sustainable development; Manufacturing
industry
Creating Immersive Language Learning Environments for Young LearnersAJHSSR Journal
ABSTRACT: Creating immersive language learning environments for young learners in English as a Foreign
Language (EFL) contexts has been a topic of considerable interest and debate among educators. Despite
numerous constraints such as time, curriculum, and stakeholder expectations, it is feasible to develop effective
immersive environments. This paper explores the concept of immersion language learning, tracing its historical
development and highlighting its benefits, particularly for young learners. It discusses the distinctions between
total, partial, and dual-immersion programs, emphasizing the critical role of using the target language as the
medium of instruction. Furthermore, it examines the cognitive and academic advantages documented in seminal
immersion programs like Saint-Lambert and Coral Way. By synthesizing research and offering practical
strategies for EFL settings, this paper underscores the importance of teacher commitment, the selection of
appropriate materials, and the adoption of Content and Language Integrated Learning (CLIL) principles.
Ultimately, the findings affirm that immersive environments significantly enhance language proficiency,
cognitive flexibility, and academic achievement, advocating for their broader implementation in EFL
classrooms.
KEYWORDS : CLIL, EFL, immersion, young learners
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This document provides an overview of Islamic jurisprudence (fiqh) and its relationship to sharia (Islamic law). It defines fiqh as the body of rulings and laws derived from sharia to address situations not expressly covered in the Quran and hadith. Sharia is fixed, while fiqh continues to develop with new circumstances. The sources of sharia - the Quran, hadith, consensus of scholars - are discussed. Several influential books on fiqh from different Islamic legal schools are summarized.
This document provides an introduction to Islamic banking. It discusses some key concepts:
1. Islam originated from the Arabic word for peace, which is acquired by submitting one's will to Allah. Muhammad is considered the final prophet of Islam, not the founder.
2. Islamic banking prohibits riba (usury or interest on loans), which is forbidden in the Quran. It operates based on profit and loss sharing and sharia-compliant activities and contracts.
3. Common Islamic banking contracts include musharakah (joint venture partnership) and diminishing musharakah (where one partner gradually sells their shares to the other over time). These aim to align the interests of banks and customers in investments
Sharia law is derived from the Quran and teachings of the Prophet Muhammad and governs all aspects of Muslim life, including economic activities. It emphasizes that Allah alone is the lawgiver. The objectives of Sharia are to promote justice, mercy, well-being and wisdom. To ensure compliance with Sharia, Islamic banks and financial institutions appoint Sharia supervisory boards composed of Islamic legal scholars to review contracts and transactions.
The document discusses the concept of Islamic jurisprudence (fiqh). It begins by defining fiqh and clarifying its relationship to sharia law. It then explains the comprehensiveness of fiqh, covering topics like worship, family law, transactions, politics, and ethics. The document outlines the historical stages of the growth of fiqh, from the foundational era of the Prophet Muhammad to the current era. It also discusses the differences between fiqh and sharia, and the major schools of thought in Islamic jurisprudence.
Maqasid alshariah in islamic finance an overviewArab Muslim
This document provides an overview of Maqasid al-Shari'ah (objectives of Shariah) and its role in Islamic finance. It defines Maqasid al-Shari'ah as representing the objectives and rationale behind Shariah rulings. Scholars have classified Maqasid al-Shari'ah into essentials, needs and embellishments. The key objectives are protecting religion, life, intellect, lineage and wealth. Maqasid al-Shari'ah aims to promote public interest and welfare by endorsing benefits, educating individuals, and establishing justice. It argues that realizing Maqasid al-Shari'ah is important for the continued development of
This document summarizes a research paper presented at the First International Conference on Shari'ah Oriented Public Policy in Islamic Economic System in 2015. The paper proposes a two-tier mudarabah business model based on cash waqf to promote maqasid al-shari'ah and sustainable economic development for Islamic microfinance institutions. It discusses the objectives and potential of the proposed model to safeguard maqasid al-shari'ah, reform current Islamic microfinance frameworks, and help improve socio-economic conditions for the poor through financial inclusion. The paper reviews literature on waqf and microfinance concepts and analyzes how cash waqf-based microfinance can play an important role in poverty alleviation.
This document provides an overview of the Islamic financial system. It begins with some background on the rise of globalization and different cultures attempting to contribute to the international business world. The author then discusses two challenges in writing about the Islamic financial system: 1) the religious background and 2) it not being a single, unified system. The rest of the document covers an introduction to Islam, common principles of Islamic finance like contractual fairness and social justice, prohibited transactions, modes of financing, and challenges facing Islamic finance.
This document provides an overview of the Islamic financial system. It begins with some background on the rise of globalization and different cultures attempting to contribute to the international business world. The author notes that the Islamic financial system was one such attempt to add Islamic beliefs and principles.
The author then discusses some of the challenges in writing about the Islamic financial system, such as differing applications across countries and the religious aspects. The rest of the document outlines what will be covered, including an introduction to Islam, common principles of Islamic finance, prohibited transactions, financing modes, and challenges. It provides some high-level context on the roots and goals of the Islamic financial system in adhering to Islamic law and principles.
Maslahah based Production Ensures Peace in the World Economy Compared to the ...Basharat Hossain
Maslahah means public benefit and welfare. This paper uses secondary data and analyzed the impact of two non-Maslahah products (alcohol and tobacco) and two non-Maslahah services (gambling and prostitution) on the global peace. The findings implied that, non-Maslahah products and services create impediments to attain and maintain the peace in the world economy. Alcohol produces 200 diseases and was the cause of 3.2% of global death in 2016. Tobacco is the causes of the death of over 7 million people globally in 2017 by generating cardiovascular and respiratory diseases. Gambling causes mental depression, violence in family and society, losses of economic resources. Prostitution disgraces the dignity of women and also produces several diseases, including HIV/AIDS that causes the death of 36.7 million people worldwide. Besides, it creates the hate against women by producing pornography. Conversely, Maslahah product and service such as Juice, rice, interest free banking only provide useful outcome to attain global peace. Finally, this paper recommends the ways to eliminate the production of non-Maslahah product from the economy.
Key Words: Maslahah, Non-Maslahah, Islamic Economics, Peace, World economy
A Discussion on the Concept of Maslahah and Non-Maslahah
Maslahah (مَصْلَحَة) is an Arabic word that originated from the noun ‘Salaha (صلح)’. The plural form is Masaalih (مَصَالِح). The literal meaning is good, right, appropriate, pious, good-will or friendly feelings, peacemaking, useful, beneficial and constructive (Almaany, 2017).
Terminologically, Maslahah can be defined as the consideration of those factors which obtains or ensures the benefit and welfare or inhibits the harms and also complies the aim and theme as well as the intention of the Islamic shariah (Al-Syatibi 2003, Al Ghazali). In addition, Maslahah ensures the five essential things of the life, namely faith, life, intellect, lineage and property (Mannan, 1984).
Islamic economists develop and employ the concept of Maslahah instead of the concept of utility. According to them, Maslahah is the superior concept of the utility. Utility is the property or power of the goods and services that satisfy the human needs and wants. On the contrary, Islamic economists define the Maslahah as the utility along with the useful and welfare characteristics. Hence, a product may have utility, but may not have Maslahah. Conversely, all Maslahah products have utility. For instance, fruit juice has utility and Maslahah while wine has only utility, but not have Maslahah (Mannan, 1984).
However, non-Maslahah can be used as the synonym of Mafsadah (evil). The literal meaning is harm, bad, deteriorate, perish and destroy. So a product or service may be defined as non-Maslahah product which has harmful effects for the five indispensable elements of the human life (Mannan, 1984). For example; tobacco, tobacco products, alcohol, charging usury or interest etc.
Maqasid al shariah in islamic finance an overviewMARA
This document provides an overview of Maqasid al-Shari'ah (objectives of Shariah) and its role in Islamic finance. It discusses that Maqasid al-Shari'ah aims to protect public interest and ensure the well-being of society by promoting justice, righteousness and beneficial conduct. The objectives of Shariah are classified into essentials (protection of religion, life, intellect, lineage and wealth), needs and embellishments. Realizing Maqasid al-Shari'ah is important for the development of Islamic banking, capital markets and takaful in accordance with noble principles and vision of Islam to serve the interests of all humanity.
This document provides an overview of an Islamic perspective on human development. It discusses several key points:
1. Human dignity and worth originate from God, who endowed humans with intellect and made them stewards of the earth. The core Islamic concepts of tawhid (unity of God), human custodianship, and justice define an Islamic understanding of values like freedom and rights.
2. Fundamental principles in Islam that relate to human development include human dignity, justice, freedom, equality, and social solidarity. Tawhid provides a holistic worldview that reconciles opposites.
3. An Islamic view of human development aims to create environments where people can achieve spiritual, moral and socio-economic well
The Implementation of Islamic Management Practices at MYDIN.inventionjournals
As a retail hypermarket, MYDIN offers a variety of similarly ranged products as the international hypermarket at the lowest prices amongst its competitors. It has a loyal customer base of various races that exist harmoniously in Malaysia, and it is an alternative-shopping destination for their daily necessities. Regarding the growth of the Muslim population each year, it is suitable to have halal products. Nowadays, MYDIN is a one stop centre for all locals and foreigners. With the tagline Why pay more? Buy at wholesale prices! MYDIN has successfully positioned itself in the market place. The aim of this concept paper is to see how far the management of MYDIN has implemented Islamic Management practices in their business until the owner has become a legendary Muslim business tycoon in Malaysia
Principles of Islamic Economics In The Light Of the Holy Quran and Sunnahinventionjournals
The purpose of this research is to review the principles of Islamic economy with reference to injunctions of Islam. This paper presents selected literature relating to the principles of Economics of Islam according to the Holy Quran. The study of the Holy Quran reveals that the basic principles of Islamic Economy are briefly discussed in the Holy Book while the details are elaborated in the Ahadith(Traditions of the Holy Prophet S.A.W). These principles have been transformed into inferred rules by the AIMAS (Mujtahdeen) in the light of the Holy Quran and the Ahadith. To ensure economic equality, Allah the Al mighty, has directed the rich(wealthy) people to share their financial resources with the needy people. This ensures equal distribution of wealth in the society. Through Islamic Economic System, the concept of Welfare State can be successfully implemented, As practically demonstrated by Companions of the Holy Prophet (S.A .W)(Khulafa-ERashideen)During their Rule(Caliphate) for a period of about 30 years. Allah Ta’ala has promised to provide livelihood to every soul, as such; nobody lives without food and the means of livelihood in this way, equality in economic right has been ensured for all. If the principles of Islamic economy are implemented in letter and spirit, it will contribute towards the economic development in the society. An Economic System based on the Quranic principles of equitable society and productive investment can effectively remove much of the chronic economic illnesses as suffered by the Modern Society
This document provides an overview of Islamic banking, including its foundations and operations. Some key points:
- Islamic banking is based on Islamic principles including prohibitions on riba (interest) and gharar (excessive uncertainty). It aims to be just and share risks/rewards between financiers and users of funds.
- Common Islamic financing modes include profit/loss sharing arrangements, trade-based modes like murabaha and ijara, and leasing. Funds are mobilized from deposits and utilized through various Sharia-compliant investments and projects.
- Islamic banks first emerged in the 1970s and have grown significantly since. They operate similarly to conventional banks but use Islamic financing structures. The Islamic
This document discusses Shariah law and its sources and applicability in modern times. It outlines four main elements/sources of Shariah law: the Quran, hadiths, ijma (consensus of Islamic scholars), and qiyas (analogical reasoning). It also describes three categories of crimes under Shariah law - hadd (fixed punishments for offenses against God), qisas (equivalence law for intentional injuries), and tazir (discretionary punishments). The document aims to explain the concept of hudud (hadd crimes/punishments) and its suitability today given criticisms of its implementation.
Similar to Formulation of Business Fiqh Contemporary (Formulation of Sharia Maqashid E-Commerce) (20)
The Influence of Green Tax Implementation and Social Responsibility Programs ...AJHSSR Journal
ABSTRACT : The issue of climate change related to carbon emissions has become an alarming global
phenomenon. The manufacturing sector contributes significantly to global greenhouse gas emissions. Therefore,
efforts to mitigate climate change through the implementation of green taxes and Social Responsibility
Programsare important for manufacturing industry. This research aims to analyze the effect of implementing
green tax and Social Responsibility Programs on environmentally sustainable development in manufacturing
industry. A quantitative approach is used with the research object of manufacturing industry listed on the
Indonesia Stock Exchange in 2020-2022. Analyzed using Partial Least Square (PLS) method. The research
results show that the implementation of green tax has a significant effect on environmentally sustainable
development, while Social Responsibility Programsdo not have a significant effect. These findings indicate that
green tax policies are effective in encouraging companies to switch to more environmentally friendly business
practices, but Social Responsibility Programshave not been fully integrated with environmental sustainability
efforts. This research contributes to the literature related to fiscal policy instruments and corporate social
responsibility practices in supporting environmentally sound sustainable development in the manufacturing
sector.
KEYWORDS: Green tax; Social responsibility; Environmentally sustainable development; Manufacturing
industry
Creating Immersive Language Learning Environments for Young LearnersAJHSSR Journal
ABSTRACT: Creating immersive language learning environments for young learners in English as a Foreign
Language (EFL) contexts has been a topic of considerable interest and debate among educators. Despite
numerous constraints such as time, curriculum, and stakeholder expectations, it is feasible to develop effective
immersive environments. This paper explores the concept of immersion language learning, tracing its historical
development and highlighting its benefits, particularly for young learners. It discusses the distinctions between
total, partial, and dual-immersion programs, emphasizing the critical role of using the target language as the
medium of instruction. Furthermore, it examines the cognitive and academic advantages documented in seminal
immersion programs like Saint-Lambert and Coral Way. By synthesizing research and offering practical
strategies for EFL settings, this paper underscores the importance of teacher commitment, the selection of
appropriate materials, and the adoption of Content and Language Integrated Learning (CLIL) principles.
Ultimately, the findings affirm that immersive environments significantly enhance language proficiency,
cognitive flexibility, and academic achievement, advocating for their broader implementation in EFL
classrooms.
KEYWORDS : CLIL, EFL, immersion, young learners
Study of Road Patterns and Space Formation in Settlement Areas on the Edge of...AJHSSR Journal
ABSTRACT: This research aims to find developments in road patterns from 2008 to 2024 and explain the
influence of road patterns on the formation of settlements on the edge of Lake Laut Tawar. This research uses a
quantitative descriptive approach and diachronic reading analysis techniques. This research uses overlapping
maps (superimpose), surveys, and interviews. The results of this research are to find factors that influence the
formation of settlements on the edge of Lake Laut Tawar, including the flat topographic conditions. Demographics
continue to increase in the population of the study location. The social culture at the study location is that the
residents who live on the edges of Lake Laut Tawar are residents who have family relationships. Distribution of
space designations that change function from agricultural land to residential land. Land values vary on the edges
of Lake Laut Tawar according to their zones.
KEYWORDS : Road Pattern, Lake Edge, Laut Tawar Lake
HAPIS AT KATANUNGAN, PANGUNGULILA NG MGA NAIWAN: SIPAT-SURI SA MAIKLING KUWEN...AJHSSR Journal
ABSTRAK: Ang pagpapatiwakal o sariling pagtapos ng buhay ay isang malubhang dilema na madalas na
kinahaharap ng isang taong nakararanas ng malalim na hirap at kalungkutan. Ang isa sa mga dahilan ng
pagpapatiwakal ay ang pagtingin dito bilang isang paraan ng pagtakas mula sa mga suliranin at hamon ng buhay.
Ang pagsusuri sa maikling kuwentong "Bahay sa Dilim" ni Alfredo Enriquez ay isang uri ng kwalitatibong
pananaliksik na gumamit ng pagsusuring pangnilalaman upang maabot ang layunin nito na tukuyin at
maipaliwanag ang mga isyu ng dilema at desisyon sa pagpapatiwakal, pagmamahal sa pamilya, at pangungulila
at pagsisisi. Sa paggamit ng mga teoryang pampanitikan tulad ng eksistensyalismo at romantisismo bilang mga
gabay, ninais ng mga mananaliksik na magbigay-liwanag at solusyon sa mga isyu ng pagpapatiwakal. Ito ay
magiging patnubay sa pagpapalawak ng kaalaman tungkol sa mga suliranin at karanasan ng mga pamilyang
Pilipino, pati na rin sa mga laban na hinaharap ng isang tao na nakararanas ng isang dilema. Sa dulo, hinahamon
ng pag-aaral na ito na gamitin pa ang iba't ibang uri ng panitikan na mas naglalarawan ng tunay na karanasan at
realidad ng buhay.
KEYWORDS : pagpapatiwakal, dilema, kalungkutan, buhay, pangungulila
Risk Tolerance as A Moderation of Financial Literacy and Lifestyle on Old Age...AJHSSR Journal
ABSTRACT:Old age financial planning must consider various factors, such as retirement age, estimated
monthly expenses in retirement, life expectancy, current and projected income until retirement which determines
the ability to save, assets and investments already owned, and the impact of inflation on future purchasing
power. Future, as well as the level of investment return. This research is causal associative research, this
research uses a quantitative approach. The population used in this research were employees within the Rectorate
of the University of Mataram, 67 Civil Servants. The saturated sampling method or total sampling is a sampling
technique in which all members of the population are used as samples. In this questionnaire, respondents'
answers were measured using a 6-point Likert scale: with ratings of 1 (strongly disagree), 2 (disagree), 3
(somewhat disagree), 4 (somewhat agree), 5 (agree), 6 (strongly agree). The Partial Least Square-Structural
Equation Model (PLS-SEM) with smart PLS 3.0 software was used to analyze the research data. The study's
findings indicate that financial literacy is found to have a positive and significant impact on old-age financial
planning among Rectorate employees at the University of Mataram. This indicates that as financial literacy
levels increase, so do activities relate to planning for retirement. Conversely, lifestyle does not exhibit a
significant influence on old-age financial planning for these employees. Furthermore, the interaction between
financial literacy and risk tolerance weakens the effect of financial literacy on retirement financial planning,
implying that higher risk tolerance diminishes the impact of financial literacy on planning for retirement.
However, risk tolerance does not moderate the influence of lifestyle on old-age financial planning, indicating
that the interaction between lifestyle and risk tolerance does not significantly affect retirement financial
planning for Rectorate employees at Mataram University.
KEYWORDS :Risk Tolerance, Financial Literacy, Lifestyle, Old Age Financial Planning
THE INFLUENCE OF APPLICATION FEATURES AND SECURITY THROUGH TRUST ON BRImo CUS...AJHSSR Journal
ABSTRACT : This research objective is to determine the influence of application features and security
through trust on BRImo customer loyalty in Banyuwangi. This research used the Explanatory Research type.
The population used in this research is all customers who use the BRImo application as of the end of December
2022 at the BRI Banyuwangi office, totaling 89,333 customers. The sampling technique in this research used a
multistage random sampling technique (multi stage sampling). In this study, the criteria used were customers
who happened to use the BRImo application and were financially registered, totaling 100 respondents. The data
analysis method used Structural Equation Modeling (SEM) with the SmaprtPLS application. The research
results showed that Application Features influence BRIMo Trust in Banyuwangi Regency. Security influenced
BRIMo's trust in Banyuwangi Regency. Application features influenced BRIMo customer loyalty in
Banyuwangi Regency. Security influenced BRIMo Customer Loyalty in Banyuwangi Regency. Trust influenced
BRIMo Customer Loyalty in Banyuwangi Regency. Trust mediated the influence of Application Features on
BRIMo Customer Loyalty in Banyuwangi Regency. Trust mediated the influence of Security on BRIMo
Customer Loyalty in Banyuwangi Regency.
KEYWORDS : Application feature, security, trust, loyalty
On Storytelling & Magic Realism in Rushdie’s Midnight’s Children, Shame, and ...AJHSSR Journal
ABSTRACT: Salman Rushdie’s novels are humorous books about serious times. His cosmopolitanism and
hybrid identity allowed him access to multiple cultures, religions, languages, dialects, and various modes of
writing. His style is often classified as magic realism, blending the imaginary with the real. He draws
inspiration from both English literature and Indian classical sources. Throughout his works, there is a lineage of
‘bastards of history’, a carnival of shameful characters scrolling all along his works. Rushdie intertwines fiction
with reality, incorporating intertextual references to Western literature in his texts, and frequently employing
mythology to explore history. This paper focuses on Rushdie’s three novels: Midnight’s Children, Shame, and
Haroun and the Sea of Stories, analyzing his postmodern storytelling techniques that aim to explore human
vices and follies while offering socio-political criticism.
KEYWORDS : Magic Realism, Rushdie, Satire, Storytelling, Transfictional Identities
CYBER SECURITY ENHANCEMENT IN NIGERIA. A CASE STUDY OF SIX STATES IN THE NORT...AJHSSR Journal
ABSTRACT: Security plays an important role in human life and endeavors. Securing information and
disseminating are critical challenges in the present day. This study aimed at identifying innovative technologies
that aid cybercrimes and can constitute threats to cybersecurity in North Central (Middle Belt) Nigeria covering
its six States and the FCT Abuja. A survey research design was adopted. The researchers employed the use of
Google form in administering the structured questionnaire. The instruments were faced validated by one expert
each from ICT and security. Cronbach Alpha reliability Coefficient was employed and achieved 0.83 level of
coefficient. The population of the study was 200, comprising 100 undergraduate students from computer science
and Computer/Robotics Education, 80 ICT instructors, technologists and lecturers in the University and
Technical Colleges in the Middle Belt Nigeria using innovative technologies for their daily jobs and 20 officers
of the crime agency such as: Independent Corrupt Practices Commission (ICPC) andEconomic and Financial
Crimes Commission (EFCC). Three research purposes and questions as well as the hypothesis guided the study
on Five (5) point Likert scale. Data collected were analyzed using mean and standard deviation for the three
research questions while three hypotheses were tested using t-test at 0.05 level of significance. Major findings
revealed that serious steps are needed to better secure the cybers against cybercrimes. Motivation, types, threats
and strategies for the prevention of cybercrimes were identified. The study recommends that government,
organizations and individuals should place emphasis on moral development, regular training of its employees,
regular update of software, use strong password, back up data and information, produce strong cybersecurity
policy, install antivirus soft and security surveillance (CCTV) in offices in order to safeguard its employees and
properties from being hacked and vandalized.
KEYWORDS: Cybersecurity, cybercrime, cyberattack, cybercriminal, computer virus, Virtual Private Networks
(VPN).
TACKLING ILLEGAL LOGGING: PROBLEMS AND CHALLENGESAJHSSR Journal
ABSTRACT: Illegal logging poses significant environmental, economic, and social challenges worldwide. This
research explores the problems associated with illegal logging in the present and future, shedding light on the
multifaceted nature of this issue and the accompanying challenges faced by governments, organizations, and
communities. The study employs a comprehensive literature review to analyze the current state of illegal
logging, its causes, and its consequences. It examines the environmental impact of deforestation, including
biodiversity loss, habitat degradation, and climate change. The researchers identify the challenges faced in
combating illegal logging in the present and anticipate future obstacles. It considers illegal logging networks'
complex and elusive nature, the limited enforcement capacity, and the need for international cooperation and
coordination. The study also examines the adoption and effectiveness of policies, regulations, and technological
advancements in curbing illegal logging practices in Davao City.
Keywords -Problems and Challenges, Cultural Disruptions, Anticipate future problems.
Towards Developing Students’ Soft Skills: The Case of ENSAM StudentsAJHSSR Journal
ABSTRACT: Building students’ soft skills has started to gain ground within the realm of higher education in
Morocco. However, the development of these skills requires a real-life context which simplifies their learning.
In this regard, the present study is mainly conducted to investigate the effect of the out-group collaborative
learning method on the development of students’ soft skills. Data for the study comes from 20 semester two
students at “Ecole Nationale Superieure d'Arts et Metiers” (ENSAM), Moulay Ismail University, Meknes, by
implementing a one-group pretest-posttest research design. The qualitative and quantitative findings confirm
that there is a statistically significant difference between the pretest and posttest results. Therefore, the adopted
treatment, the out-group collaborative learning method, has improved students’ communication, adaptability and
presentation delivery skills. The findings of this study can be useful for future studies and give language
teachers insights into the importance of using the out-group collaborative learning method in their teaching of
the soft skills.
KEYWORDS : collaborative learning, soft-skills, out-group collaborative learning method
STUDY ON THE DEVELOPMENT STRATEGY OF HUZHOU TOURISMAJHSSR Journal
ABSTRACT: Huzhou has rich tourism resources, as early as a considerable development since the reform and
opening up, especially in recent years, Huzhou tourism has ushered in a new period of development
opportunities. At present, Huzhou tourism has become one of the most characteristic tourist cities on the East
China tourism line. With the development of Huzhou City, the tourism industry has been further improved, and
the tourism degree of the whole city has further increased the transformation and upgrading of the tourism
industry. However, the development of tourism in Huzhou City still lags far behind the tourism development of
major cities in East China. This round of research mainly analyzes the current development of tourism in
Huzhou City, on the basis of analyzing the specific situation, pointed out that the current development of
Huzhou tourism problems, and then analyzes these problems one by one, and put forward some specific
solutions, so as to promote the further rapid development of tourism in Huzhou City.
KEYWORDS:Huzhou; Travel; Development
Enhancing Losari Beach Exploration: Augmented Reality for Immersive Visualiza...AJHSSR Journal
ABSTRACT: South Sulawesi, commonly known as Makassar, boasts rich cultural heritage and customs,
making it a prominent destination for tourism. Among its attractions, Losari beach stands out as a focal point for
visitors seeking to explore the city's natural beauty and cultural offerings. In this context, leveraging modern
technology such as augmented reality presents an innovative approach to showcasing Losari beach to potential
tourists. This research endeavors to introduce tourism assets in a more visually captivating manner through the
use of augmented reality. Utilizing software tools like Unity and Adobe Illustrator, the study focuses on creating
an immersive experience where tourists can interact with virtual representations of Losari beach. By simply
pointing their mobile phone cameras at designated markers or using barcode scanners, tourists can access
augmented reality features embedded within the application. The findings of this research aim to provide
valuable information, particularly for foreign tourists, about Losari beach, positioning it as a compelling
destination within South Sulawesi's diverse array of tourist attractions. Through this technological innovation,
the study seeks to enhance the visibility and appeal of Makassar city's tourism offerings on a global scale.
KEYWORDS: Visualizing, Losari Beach, Augmented Reality
DEVELOPMENT STATUS AND COUNTERMEASURES OF TMALL DURING THE COVID-19 EPIDEMICAJHSSR Journal
ABSTRACT:China's e-commerce enterprises have developed rapidly, among which Tmall has become one of
the largest retail shopping websites in China.But in the past year, the Covid-19 epidemic has brought a huge
impact to Chinese e-commerce enterprises, and Tmall is no exception.Therefore, the development status of
Tmall in the new crown epidemic situation was analyzed, and the viewpoint was put forward :Tmall1 stabilized
the situation in the face of the epidemic situation and made a very correct countermeasures.The influence of this
epidemic on Tmall was deeply analyzed, and the conclusion was made: the new crown epidemic is both a
challenge and an opportunity forTmall.
KEYWORDS:Tmall; COVID - 19 outbreak ; The electronic commerce
Factors affecting undergraduate students’ motivation at a university in Tra VinhAJHSSR Journal
ABSTRACT: Motivation plays an important role in foreign language learning process. This study aimed to
investigate student’s motivation patterns towards English language learning at a University in Tra Vinh, and factors
affecting their motivation change toward English language learning of non-English-major students in the semester.
The researcher used semi-structured interview at the first phase of choosing the participants and writing reflection
through the instrument called “My English Learning Motivation History” adapted from Sawyer (2007) to collect
qualitative data within 15 weeks. The participants consisted of nine first year non-English-major students who learning
General English at pre-intermediate level. They were chosen and divided into three groups of three members each
(high motivation group; average motivation group; and low motivation group). The results of the present study
identified six visual motivation patterns of three groups of students with different motivation fluctuation, through the
use of cluster analysis. The study also indicated a diversity of factors affecting students’ motivation involving internal
factors as influencing factors (cognitive, psychology, and emotion) and external factors as social factors (instructor,
peers, family, and learning environment) during English language learning in a period of 15 weeks. The findings of
the study helped teacher understand relationship of motivation change and its influential factors. Furthermore, the
findings also inspired next research about motivation development in learning English process.
KEY WORDS: language learning motivation, motivation change, motivation patterns, influential factors, students’
motivation.
The Impact of Work Stress and Digital Literacy on Employee Performance at PT ...AJHSSR Journal
ABSTRACT :This research aims to analyze the correlation between employee work stress and digital literacy
with employee performance at PT Telkom Akses Area Cirebon, both concurrently and partially. Employing a
quantitative approach, the study's objectives are descriptive and causal, adopting a positivist paradigm with a
deductive approach to theory development and a survey research strategy. Findings reveal that work stress
negatively and significantly impacts employee performance, while digital literacy positively and significantly
affects it. Simultaneously, work stress and digital literacy have a positive and significant influence on employee
performance. It is anticipated that company management will devise workload management strategies to
alleviate work stress and assess the implementation of more efficient digital technology to enhance employee
performance.
KEYWORDS -digital literacy, employee performance,job stress, multiple regression analysis, workload
management
The Settlement of Construction Disputes Through Dispute Councils From the Per...AJHSSR Journal
ABSTRACT:This research differs from the practice of business activity in the construction services industry,
which may lead to construction disputes. The settlement of construction disputes is a consensus based on the
basic principle of debate. If the discussions between the parties do not reach an agreement, the parties may take
measures to resolve the dispute through the dispute council. Because the standard governing the disputes
committee was not fully regulated, they did not comply with the principle of legal certainty. Therefore, further
research was needed to establish a theoretical basis for regulating the disputes committee in settling construction
disputes. This research is a standard legal research using a legal regulatory, conceptual, and comparative
approach. The research results show that the ideal concept of resolving construction disputes through a dispute
council based on the value of legal certainty is to establish that the position of the dispute council is a special
court that has the authority to resolve construction disputes under construction services agreements. To realize
the position of the Court of Disputation as a special court, it must be based on the creation of philosophical
values, the creationof legislative regulations, and the creation of the institutional structure of the Court of
Disputation.
KEYWORDS-Construction Disputes, Dispute Council, Special Court
VALUES OF ORAL LITERATURE IN THE SOCIETY: A STUDY OF FOLKTALES OFOGBA IN RIVE...AJHSSR Journal
ABSTRACT : Oral literature is a creative work of art that portends high merit and has the creative use of
imagination in preliterate societies. It adopts the genres of literature: drama, prose and poetry in the oral milieu,
using performance as its hallmark. It thrives on the use of oral data because of its orality. This paper focuses on
the moral values or oral literature in the society using Ogba as a spring board. The study was carried out in
communities ofOgba. The population of the study consists of ten towns and village, in Ogba. The theoretical
framework used is Dell Hyme’s ethno-poetics because the works of oral literature relate to the society. This
paper concludes that oral literature serves to against all odds; communicate ideas, emotions, beliefs and
appreciation of life. The folktales in Ogba for instance, serve similar purpose through their
rendition/performance. Through the stories, the younger generation in Ogba society is familiarised with the
customs, traditions, and rituals prevalent in the society. This paper therefore recommends the use of oral
literature in all its genres to inculcate moral values and lessons to the teenagers and youths. Against this
background, Ogba (African) themselves must cease to regard oral literature as primitive and fetish.
KEYWORDS: Values, Oral Literature, Society, Ogba, Folktales
Pormalistikong Pagdalumat sa mga Tula ni Ron CanimoAJHSSR Journal
ABSTRACT: Nilayon ng pag-aaral na ito na masuri ang dalawampung (20) tula ni Ron Canimo gamit ang
pormalistikong dulog batay sa mga sumusunod na elemento: (a) Sukat at Tugma, (b) Talinghaga at
Simbolismo, (c) Imahen, (d) Tema, at (e) Diksiyon. Layunin din nitong mataya ang antas ng pagtanggap ng
ginawang pagsusuri gamit ang nabuong instrumento sa pagtataya nito. Sinunod dito ang Input-Process-Output
na balangkas ng pag-aaral at ginamitan ng kwantitatib-deskriptib-ebalwatib na pamamaraan. Sa pamamagitan
ng talatanungang ibinatay sa ginamit ni Morales (2014) na naimodipika ayon sa kahingian ng kasalukuyang
pag-aaral, tatlong (3) gurong eksperto ang nagsilbing tagataya dito na siyang tumiyak sa kahusayan ng nabuong
pagsusuri ng mananaliksik. Gamit ang Content Analysis, natuklasan na makabagong pamamaraan ang istilo na
ginamit ni Ron Canimo sa pagsulat ng mga tula. Lahat ng kanyang mga tula ay walang sinusunod na sukat at
tugma, may iba‟t ibang tayutay at simbolismong ginamit, magkaibang pandama ang pinagana dahil sa mga
imahe at paglalarawang ginawa, iba‟t ibang uri ng pag-ibig ang tinalakay at gumamit ng pormal, impormal o
kumbersasyonal na wika at makabagong istilo sa pagsulat ng tula. Gamit ang mean at standard deviation,
lumabas na “Mataas” ang antas ng pagtanggap sa kabuuan ng mga gurong eksperto na tumaya sa nabuong
pagsusuri. Lumabas din na “Mataas” ang antas ng kanilang pagtanggap sa nabuong pagsusuri batay sa mga
sumusunod na elemento: (a) Sukat at Tugma, (b) Talinghaga at Simbolismo, (c) Imahen, (d) Tema, at (e)
Diksiyon. Mula sa natayang pagsusuri at kinalabasan ng antas ng pagtanggap dito, naitala ang mga paksa sa
Junior High School Filipino na maaaring lapatan at gamitan ng nabuong pagsusuri.
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SCHOOL CULTURE ADAPTATION AMONG INDIGENOUS PEOPLES COLLEGE STUDENTS AT A PRIV...AJHSSR Journal
ABSTRACT: This qualitative study investigates the adaption experiences of indigenous college students at the
University of Mindanao, Matina-main campus. Eight major themes emerged, including difficulties with language
proficiency, online learning, classroom interaction, examination systems, grading procedures, school regulations,
resource accessibility, coping mechanisms, and future goals. Implications include the requirement for targeted
language proficiency and technology use support, an understanding of adaption processes, interventions to
improve resource accessibility, and equitable public administration policies. The study underlines the importance
of adaptation in various educational contexts, as well as the role of educators and legislators in creating inclusive
learning environments.
KEYWORDS: indigenous college students, adaptation, educational challenges, coping strategies
The effect of Institutional Ownership, Sales Growth and Profitability on Tax ...AJHSSR Journal
ABSTRACT: This research aims to test, analyze and obtain empirical evidence about the influence of
institutional ownership, sales growth and profitability on tax avoidance. The object of this research is
manufacturing companies in the consumer goods industry sector listed on the Indonesia Stock Exchange (BEI)
in 2018-2022. This research used quantitative research methods and causal research design. The sampling
technique in this research used non-probability sampling with purposive sampling as the basis for determining
the sample so that a sample of 55 samples was obtained. The data used is secondary data obtained from the
official website of the Indonesia Stock Exchange (BEI) during the 2018-2022 period. The data analysis method
used was multiple linear regression analysis with several tests such as descriptive statistical tests, classical
assumption tests, and hypothesis testing using SPSS version 26 statistical software. The results showed that the
institutional ownership variable has no effect on tax avoidance, while the sales growth and profitability has a
negative and significant effect on tax avoidance.
KEYWORDS: Institutional Ownership, Sales Growth, Profitability, Tax Avoidance
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Formulation of Business Fiqh Contemporary (Formulation of Sharia Maqashid E-Commerce)
1. American Journal of Humanities and Social Sciences Research (AJHSSR) 2022
A J H S S R J o u r n a l P a g e | 190
American Journal of Humanities and Social Sciences Research (AJHSSR)
e-ISSN : 2378-703X
Volume-6, Issue-6, pp-190-196
www.ajhssr.com
Research Paper Open Access
Formulation of Business Fiqh Contemporary (Formulation of
Sharia Maqashid E-Commerce)
Fauzi Muhammad1
Suhar AM2
Hadri Hasan3
123
(UIN Sulthan Thaha Saifuddin Jambi)
ABSTRACT: The formulation of Islamic law is based on a universal-humanity foundation, covering worldly
and hereafter interests, aiming to make people happy protect them from evil and destruction, and Islam is
suitable in various conditions, times and places. There is a greater difficulty if the development of Islamic law
does not want to go through the path of the goals of Islamic law, or at least the general principles of Islamic law.
Therefore, in the development of Islamic legal thought, thinkers are relatively quick to agree on ‗mashlahah‘ as
‗maqashid sharia‘ or what is more popularly known as the goal of Islamic law. More than that, maslahah in its
development is not only a legal goal but also becomes a proposition in the formulation of Islamic law itself. The
importance of research based on Islamic legal philosophy through the maqashid sharia of electronic commerce
(e-commerce), because it is a modern trading model, not discovered by researchers in classical fiqh, and even
contemporary fiqh before the 1990s, in Indonesia e-commerce began in the early 2000s. This qualitative
research paradigm and its type of normative legal research used secondary data traced and obtained from
libraries and internet sites to find new arguments regarding the formulation and purpose of Islamic law on e-
commerce.
KEYWORDS: Formulation, Business Fiqh Contemporary, Maqashid Sharia, Electronic Commerce (E-
Commerce).
I. INTRODUCTION
The capitalist economic system dominates the world economic system today. (al-Alkhalidi, 1984). Most
commercial transactions, such as buying and selling, banking, leasing, insurance, pawning, use this system. The
world is not satisfied with this system through its positivist-materialistic philosophy. This economic system
destroys most of the noble values in modern human life and changes the form of financial transactions between
one party and another into a kind of sharp conflict, where the strong party sucks the blood of the weak party.
Therefore, the world is now looking for a saviour to guide it to the path of salvation from the economic and
moral crisis that threatens and destroys its existence. Only Islam can offer the best solution to get out of this
stifling crisis. Islam with a unified theory exist to straightens the path of financial transactions on the right and
balanced line. Imam al-Syathibi, is a great deal of attention and understanding through his in-depth study of the
maqashid of sharia. He said the sale and purchase transaction activity is for the servant's benefit, both in the
world and hereafter. (al-Syathibi, 2014). The benefit in Islamic law can only be achieved by obeying the rules,
principles and agreeing to its purpose. Therefore, a Muslim must not ignore the purpose of the legitimacy of
electronic commerce (e-commerce). The most important thing is that how to „tasharruf‟, implement, control its
purpose correctly and precisely. Naturalistically, take advantage and leave mafsadat for the benefit.
So, there is no doubt that electronic commerce (e-commerce) is a way and a clause to obtain valuable goods,
own, trade, and take advantage of them to benefit this world and the hereafter. This is the meaning of the
Shariah order and its delegation. This paper focuses and specifically examines the formulation of sharia
maqashid in electronic commerce (e-commerce).
II. IDENTIFICATION OF MAQASHID SHARIA
Al-Quran, as the main source of Islamic law, does not contain many detailed regulations on worship and social
relationship between humans and humans (muamalah). From 6360 verses of the Qur'an, there are only 368
verses related to aspects of the law. (Nasution, 1984). This shows that in most of the legal issues in Islam, Allah
SWT only gives the basics or principles in the Qur'an. Then the Sunnah, as the second source of Islamic law
after the Qur'an, explains and details these principles. Fiqh scholars, including al-Syathibi, developed the
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principles contained in the two sources of Islamic law, namely the Qur'an and Sunnah, by relating it to the
purpose of Islamic law or the maqashid of sharia. (Jaya, 1996).
Maqashid Syariah (Arabic) consists of two words, maqashid, plural form of the word maqshad/ qashdun, which
means intent, intent or purpose. (Manzhur, 2013). There are several meanings literally; the word "qashd"
consists of three letters, namely q, sh, d, which means "give something intentionally", such as saying: "qashada-
yaqshudu-qashdan-fa huwa qaashidun". Al-qashd also means to uphold the path/way, hold/lean, and with
intention/purpose. Another meaning of Al-qashd is the position between extravagance and miserliness, meaning
"simplicity", as in the Qur'an surat Lukman (31) verse 19 says, ―Dan sederhanakanlah dalam berjalan…‖
(translation: and be modest in walking). Al-qasdh can also mean "al-'adl/ justice." (Lahsasanah, 2008).
According to Abdurrahman that the word "al-maqashid" has three meanings. First, committing an intentional
act, as opposed to a futile act, as it is said the meaning of a word is returned to the pointer/which indicates the
word. Second, doing an act that is intentional as well means the opposite of the act of forgetfulness. That
forgetfulness is a loss of direction or being in forgetfulness, then the word "al-maqshad" is the opposite of that,
that is, to face/direct and avoid forgetfulness, as well as with the will and awareness. Third, committing acts
intentionally instead of joking or jokes/drama. Where the play is the emptiness of the true purpose, the motive
prescribed, then "al-maqshad" is the opposite: reaching the true purpose/goal and upholding the motive
prescribed. Thus "al-maqshad" here contains value or price. (Thaha, 1994).
From the three linguistic meanings of the word "al-maqshad or al-qashd" above, it can be understood and
concluded that the first meaning is getting benefits, the second is having intention, direction, and avoidance of
forgetfulness, and the third is to produce intent /purpose that is correct and valuable. As for terminology,
maqashid is the goals (intentions) and the secrets (wisdom) set by Allah SWT in every law of all his laws. (al-
Fasi, 1993).
The word sharia means the path to the source of water, which is the view of life that is mostly based on the
source. (Rahman, 1992). Sharia („syariat‟) is everything that Allah says in the Qur'an and the Sunnah of the
Prophet. In terminology, sharia is the laws set by Allah for human beings brought by the Prophet SAW,
including the law of behaviour that a branch of law called (furu') assembled in fiqh. Sharia has a broad meaning,
including faith, Islam and good deeds. While in the narrow scope of sharia is limited to strict laws (qath'i) that
can no longer be challenged, derived from the Qur'an and Sunnah, determined by ijma'. The existence of sharia
in a broad and narrow sense aims to facilitate classifying the material under discussion. (Djazuli, 2018).
In the book al-Muwafakat by al-Syathibi, there are several terms related to maqashid al-Syariah, namely
maqashid al-syar'iyyah fi al-syari'ah, and maqashid min syar'i al-hukm. (al-Syathibi, 2014). These three terms
have the same meaning, namely the purpose of Islamic law.
According to al-Syathibi, the maqashid of sharia is the purpose of sharia to realise human welfare in this world
and the hereafter. The explanation of sharia maqashid is quite detailed in his work, al-Muwafaqat. He said that
the obligation (taklif) was created to realise the servant's welfare, and not a single law of God is detached from
the purpose. If the law does not have a meaningful purpose, it equals the burden of something that a servant
cannot carry, and this is not possible with the laws of God.(al-Syathibi, 2014).
In this regard, Muhammad Abu Zahrah explained that the real purpose of Islamic law is for the benefit or use in
maintaining five things, namely religion, soul, property, intellectualism, and lineage, because human beings live
in this world within the scope of these five things, and human dignity is measured by as far as he maintains
those five things. (Zahrah, 1984).
Al-Juwaini (d. 478 H/1085 M) was the first scholar to bring a treatise on ushul fiqh that introduced the theory of
levels of necessity (“tingkatan keniscayaan”), which is similar to the theory of levels of a necessity today. He
suggested five levels of maqashid, namely necessity (dharurat), public needs (al-hajjah al-'ammah), moral
behaviour (al-makrumat), advice (al-mandubat) and what cannot be included for specific reasons. He said that
the maqashid of Islamic law is infallibility (al-'ismah) or the preservation of faith, soul, intellect, family, and
property. (Auda, 2015).
Abu Hamid al-Ghazali (d.505 H/1111 M) developed the theory of his teacher (al-Juwaini) further in his book
al-mustashfa (clear source). He compiled the "needs" suggested by al-Juwaini, starting from 1) faith; 2) soul; 3)
intellectualism; 4) descent; 5) property. He was also the proclamator the "protection term (al-hifzh)" toward
these needs. Meanwhile, Al-Ghazali's view is strongly influenced by the Syafi'i school, which considered 'qiyas'
as the only valid method of 'ijtihad', refuses to give an independent argument or legitimacy to any 'maqashid' or
'mashalih' whatever was offered; he even called it pseudo-benefit (al- maqashid al-mauhumah). (al-Ghazali,
2013). Al-Ghazali presented some specific and interesting points that maqashid is used as a cause or logical
ration ('illat), whereas the Shafi'i scholars criticise the maqashid for not being mundhabith (ghair al-
mundhabithah). For example, al-Ghazali said anything intoxicating, liquid or solid, is 'haram' based on 'qiyas' to
'khamar' because 'khamar' is forbidden to keep the mind.(al-Syathibi, 2014).
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Syihabuddin al-Qarafi (d. 684 H/1285 M) defined "maqashid" as the intent/intention of the Prophet SAW
himself in his deeds. He wrote in his book al-Furuq (differences) that there was a difference between the actions
of the Prophet SAW in his capacity as a Messenger who conveyed revelation, as a judge, and as a leader. The
implication in Islamic law is that anything he said or did in his capacity as a Prophet becomes a law of general
and permanent nature. However, legal decisions relating to the military, public trust, the appointment of judges
and governors, the distribution of spoils of war and the signing of letters were all specific to his capacity as a
state leader. (al-Qarafi, 1998).
From some of the opinions above, it can be concluded that the maqashid of sharia is the purpose of Islamic law
in the form of wisdom or the secret of Allah SWT that is understood and achieved by humans for the benefit of
the universe and the hereafter.
III. DISCUSSION
The Sharia, as Ibn al-Qayyim said, is as a base and foundation based on law/rules, for the welfare of the servant
in this world and the hereafter, all of which lead to justice, mercy, goodness, and wisdom, for every human
being. So something that goes from justice to tyranny, from mercy to vice, from benefit to loss, and from
wisdom to absurdity is not part of sharia. If interpreted, then sharia is God's justice for His servants, His mercy
for all beings, His shadow on earth, His wisdom to show His existence, and the sincerity of His Messenger, the
most complete and truest guidance. (al-Jauziyah, 2006).
The scholars do not distinguish between mashlahah and maqashid/the purpose of sharia, both of which preserve
the goodness of His creation, and therefore the spectrum of maqashid sharia is the spectrum of mashlahah itself,
meaning that if it deviates from one of them, it means deviating from both. (Quwaidar, 2004).
It should be understood that the most important goal that must be considered in all financial transactions is to
preserve money/property (‗Asyur, 2020) because money/property is one of the necessities of life that must be
achieved for the benefit of the world and the hereafter, and the law and reason support it. As the words of God
(An-Nisa [4]: 5): ―Dan janganlah kamu serahkan kepada orang yang belum sempurna akalnya, harta (mereka
yang ada dalam kekuasaan) kamu yang dijadikan Allah sebagai pokok kehidupan...‖ (translation: and do not
hand to people who are not perfect in mind, your property (those who are in power) that God has made as a tree
of life). (Kemenag, n.d). A person maintains his survival, needs food and drink, clothing as protection from heat
and cold, shelter, and so on. All that requires money/property, and if it is considered non-existent, a person will
be harmed from this aspect, will be a soft prey for his enemies, and this is also a violation of maqashids, namely
religion, soul, and lineage. The existence of money for a nation is to save it from enemies and close the door to
the colonisation of other nations who want to colonise it. (‗Asyur, 2020).
So money/property is an important instrument to uphold human welfare in this world, and through trade routes
have been set procedures to obtain it and to achieve the goal of Sharia (Allah SWT), something that everyone
needs is not always available everywhere, and taking it by force and unhealthy competition includes criminal
acts, such as corruption, fraud, monopolies, embezzlement, theft, and more. For that, there must be a system that
allows everyone to take what he needs by mutual consent ('an taradhin) without violence and conquest, then the
trade is a system and an application, with the right and proper mechanism. (al-Bubi, 2003).
The goals of sharia come from many sources such as nash-nash, laws from the Qur'an, Sunnah, ijma', mind and
other arguments to prove/establish maqashid sharia and its scope.
IV. FORMULATION ‘MAQASHID SYARIAH’ AGAINST E-COMMERCE
Formulation of Maqashid Syariah (Sharia Goals) in electronic commerce is summarised into several categories
as follows:
4.1. First Formulation: Responding to New Useful Knowledge
The urgency of fiqh is to observe and maintain sharia objectives (maqashid sharia law), including in the field of
muamalat, absorbing global momentum and developments in various fields. In today's modern reality, many
trading activities did not exist at the time of revelation or at the golden age of Islam, such as buying and selling
credit, buying and selling online (e-commerce) and so on. It is something new for trade due to technological and
scientific progress in civilisation.
Islam does not teach its followers to reject anything new; it is good if it is beneficial and does not leave anything
foreign. However, it must be selected which things are good to be adopted and which are bad to be removed,
which ones must be enforced and which ones are abandoned, and which ones must be maintained for their
existence and even developed towards something more advanced and better.
The E-commerce applications are not created by Muslims, but by Westerners and non-Muslims, and this is why
some may question, Can we adopt it from the Eastern or Western system? If the answer, this e-commerce is
prohibited because it is not following the Sharia. Allah SWT has not sent down help and strength to answer this,
or an answer similar to it, which shows similar expressions of rejection and refutation.
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According to the author of the answer above, it (e-commerce) is prohibited, has limited itself to the broad nature
of the Islam making it narrow, and distorts the word of Allah SWT, which states in the Qur‘an (Al-Baqarah [2]:
29) ―Dialah yang menciptakan untukmu semua yang ada di bumi...‖ (translation: He who created for you all
that is on earth). (Kemenag, n.d). This also leads to the rigidity of the sharia and loses its universal
characteristics, dynamic, and suitable for every place and time.
It would be nice to parse and answer the question above, namely: "permitted", provided that imitated and
imported does not conflict with Islamic beliefs and sharia. Because buying and selling models is for the benefit
of the ummah (followers). For example, a Muslim adopts something good from new developments in online
buying and selling (e-commerce), innovating and collaborating in a way that he has run before. It can be likened
to a working bee with instructions and revelations from the God; it moves and flies between trees and flowers,
eats all good fruit, then absorbs what it eats and digests it. Then it produces honey out of its belly, which is of
various colours, and in it is healing medicine for humans. (al-Qardawi, 1994).
One of the objectives of sharia (maqashid sharia) in regulating electronic commerce through control is that
Islam responds and accommodates new useful knowledge even if it is from non-Muslims. It is permissible if it
does not contain obvious harm. Ibn Taimiyah said that studying and taking medical knowledge from their books
– from non-Muslims, is like adopting the results of their research to make it more effective and efficient. It is
better as long as their books are not written for a specific negative purpose. Unless there is an element of treason
or deception, but only to take advantage of their inventions such as the field of clothing production, agricultural
patterns, weapons production, and others. (al-Harani, 1998).
Rasulullah SAW to Abu Hurairah RA, said when Satan ordered him to read the verse of Kursi in the Qur‟an
(Ayat Kursi): You are honest, while he is lying. (al-Bukhari, 2020). The hadith states that Satan may be able to
speak the truth, and a Muslim can learn from him if he knows the honesty of his words and the clear benefits.
Ibn Hajar Al-‗Asqalani said that if the devil knows what is beneficial to the believer, the devil takes it and
plunges people into disobedience. For this reason, the believer must know and realise the wisdom of everything.
(al-Asqalani, 2004).
A conscious Muslim is a Muslim who can distinguish between truth and falsehood, beneficial and destructive,
and should always learn and seek the benefits of knowledge and wisdom from any media.
It was narrated from Rasulullah SAW that wisdom is a treasure/ something valuable for a believer who is lost,
so wherever he finds it, he is more entitled to it. (al-Tirmidzi, 2000). This hadith is weak in sanad, but its
meaning is correct and accepted by Muslims and applies and is most widely applied to the results of science and
technology, including in e-commerce. (al-Qardawi, 2000).
4.2. Second Formulation: Circulation and Popularisation of Commodities
Syari‟ (Allah SWT) ordered that money/wealth circulate in the hands of everyone and move in the form of
consumption or investment, not limited to a small group of individuals. (Zahruddin, 2004). As His word (Al-
Hashr: 7), ―...supaya harta itu jangan beredar di antara orang-orang kaya saja diantara kamu...‖ (translation:
so that the treasure does not circulate among the rich among you). (Kemenag, n.d). The role of the Indonesian
government is to regulate the system and mechanism for the circulation of money/assets and its regulations.
(‗Asyur, 2020).
This illustrates that Islamic sharia views electronic commerce (e-commerce) as a means, media, and facilitator in
growing, mobilising, and developing resources and other aspects of economic activities. The importance of
goods and materials movement and circulation in society is like water and wind; if the water is turbulent and the
wind becomes too strong, the ships can stagnate. Likewise, freezing money and stopping its movement brings
neither good to its owner nor society and the country - but with its movement, the wheel of life turns, and nature
is innovated in many ways. (al-‗Alam, 1993).
With a simple understanding, that the transaction contract is regulated for the transfer of ownership rights
through the exchange (mu'awadhah) or social (tabarru') so that shighat (ijab and qabul) are needed, namely
expressions/statements that show mutual agreement between the parties in making a deal. Conditions that are
determined for the benefit of both parties, if their conditions are met, then it becomes "legitimate", and the
validity of the contract has effects/consequences (e.g. sale and purchase, transfer of ownership).
In addition, sharia also encourages the promotion and circulation of goods and money by warning against
monopolising, seizing, or hoarding and preventing them from being traded, as this will lead to other damages.
(‗Asyur, 2020).
One of the tools of the circulation of wealth and the promotion of commodities is to facilitate as many
transactions as possible, regulate the allowed emergency, and prioritise the share of what is in his interest over
what may be impeded by the expected evil. The legality of electronic commerce under special control will
achieve this goal in a certain way.
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4.3. The Third Formulation: Ease of Facilities and Consideration of Needs
This is a general purpose of the characteristics of Islamic law, especially concerning financial transactions.
There is a human desire for muamalah between one party and another because this is a necessity in society and
the sustainability and stability of their lives. Most of a person's needs have to do with what is in the hands of the
owner, and the owner may not be in the same place or country, but one may be in the east and the other in the
west. There is, therefore, no way to achieve its objectives or trade with it except through the internet or other
available technological devices so that electronic commerce is "permitted" as a means to achieve the desired
goal without difficulty, and in that way, one can acquire and own something.
According to Ibn 'Asyur, ownership is the acquisition of something from which a person gets what fulfils his
needs through results or compensation, namely price. Entrepreneurship/business is a production activity that
requires energy and expertise or buying and selling consensual services between the two. (‗Asyur, 2020).
The basics or arguments for this purpose are quite a lot, including the Word of Allah SWT (Al-Baqarah (2):
185), ―Allah menghendaki kemudahan bagimu, dan tidak menghendaki kesulitan bagimu‖, (translation: Allah
wants ease for you, and does not want difficulties for you). Another verse (Al-Ma'idah: 6) says, and Allah does
not want trouble for you. (Kemenag, n.d). The verse shows the ease and lightness of Islamic law, the prohibition
against refusing that convenience. This is a characteristic of the Sharia, which is naturally to be followed, and
the ease of its rules.
The permissibility of electronic commerce (e-commerce) facilitates and strengthens the intent or purpose. Due to
many buying and selling transactions and leasing using internet media (e-business), if it is said to be not „halal‟,
there will be difficulties that disturb the peace of life. The statement that it is permissible is under what Islamic
sharia has built on ease and eliminates difficulties that lead to pessimism. The scholars revealed a well-known
fiqh method, says (difficulty brings ease). (al-Syuyuti, 20013).
4.4. Fourth Formulation: Increasing Trade Opportunities and Expanding Its Coverage
Modern electronic tools, especially the internet, have broad prospects, varied aspects, and cover many fields.
For example, in the scientific field, the internet network allows customers to see as soon as possible the latest
developments of science in terms of innovations and inventions, in industrial and medical technology, it can also
connect them to public libraries anywhere in the world. Additionally, tourists can travel to various countries and
visit other important archaeological and commercial monuments in tourism.
In the area of commerce, it provides the customer with a wealth of information about what he or she may need,
such as a commercial guide that includes trading names, personal names, addresses, and telephone numbers. The
parties can bargain and see the products offered, and dialogue can occur between two or more parties through
chat or video calls. Merchandise offers, descriptions, prices, how to pay, how to ship goods, and their value can
even be accessed and transferred over the internet in new ways, and people in third-world countries and rural
areas have been able to have useful products and goods, which do not exist in their home country.
In other words, all of them can use these modern technologies - Internet and e-commerce - to serve humanity
well, are beneficial in many ways if the person uses them properly, and can also be used to build a rational
global civilisation, which contributes to connecting man with his God, introducing him to his work and position.
Likewise, the internet and electronic commerce can be used and invested in understanding aqidah, da'wah, and
Islamic principles, thereby increasing the quality of peace of mind, thought, and faith. In addition, it can carry
out the exchange of world heritage and culture by entering influential sites to reach many parties and enrich this
trade with thinking, science, culture and literature. (al-Buti, 1995. Zahruddin, 2004).
It should be noted that handing over the exploitation of electronic commerce to non-Muslims leads to the spread
of useless materials and goods that undermine trust and morals to contribute to the spread of Islamic principles.
The manifestation of Islamic principles, right belief as a whole, and to highlight the majesty of sharia, and its
realism in dealing with various problems of life and society, and to show that Islamic ethics is a practical and
correct method of dealing between individuals, there is no doubt that it is a legitimate means, and trade
electronics is one of them.
4.5. Fifth Formulation: Fulfilling Human Instincts
One of the solid foundations on which the objectives of Islamic sharia are built is the fulfilment of instincts,
whereby nature humans are very loving and have a strong desire to have something (money/wealth), as Allah
SWT says (al-Fajr: 20), ―Dan kamu mencintai harta benda dengan kecintaan yang berlebihan‖ (translation:
and you love material with excessive love). (Kemenag, n.d). Islam stipulates signs in obtaining money/wealth to
protect human instincts from oppression and deprivation. Thus their activities are motivated to invest and
develop the money they have, and in this case, there are mutual benefits for all, both individually and
collectively. (al-Maududi, 1983).
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Islam has regulated and perfected this instinct. It does not suppress and oppress as Eastern-Communism does,
and it is not unrestricted as Western-Capitalism does. On the other hand, everyone has rights and obligations and
a legitimate method of ownership, where there is no injustice, injustice, or greed, and all means against it, such
as usury (excessive love), fraud, theft, and gambling (maisir). Thus, Muslims compete healthily to obtain and
develop money/wealth, spend it on charitable purposes, and draw closer to God.
E-commerce is a popular and successful way to earn and invest money/treasure. Therefore, the researcher
believes that electronic commerce laws and regulations by legal supervision, taking into account the nature and
human spirit, makes humans who have normal character, have good character and behave properly, and in their
creation and formation.
V. CONCLUSION
The „maqashid syariah‟ was a way of discovering the secrets and wisdom of God's laws for humans. All these
rules are for the benefit of humans in this world and the hereafter. The formulation of contemporary sharia
business fiqh in the field of electronic commerce (e-commerce) maqashid sharia perspective was a response to
new knowledge that is beneficial to humans, circulation and popularity of commodities, useful facilities and
consideration of needs, increasing trade opportunities and expand its scope, and fulfil human instincts.
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