Maslahah and its Application in Islamic Finance

In light of the complexity of contemporary Islamic banking and finance difficulties and the fact that certain answers cannot be found in traditional legal texts, maslahah or the public interest has emerged as a secondary source of Shariah to address these difficulties and issues. Maslahah which embo...

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Main Authors: Mohd Zameri, Sarah Nursaadah, Syed Alwi, Sharifah Faigah, Mohammad Hatta, Mohammad Firdaus, Saiful Fikri, Aula Ahmad Hafidh
Format: Article
Language:English
Published: UUM PRESS 2024
Subjects:
Online Access:https://repo.uum.edu.my/id/eprint/32054/1/IJIB%2009%2001%202024%2082-94.pdf
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author Mohd Zameri, Sarah Nursaadah
Syed Alwi, Sharifah Faigah
Mohammad Hatta, Mohammad Firdaus
Saiful Fikri, Aula Ahmad Hafidh
author_facet Mohd Zameri, Sarah Nursaadah
Syed Alwi, Sharifah Faigah
Mohammad Hatta, Mohammad Firdaus
Saiful Fikri, Aula Ahmad Hafidh
author_sort Mohd Zameri, Sarah Nursaadah
collection UUM
description In light of the complexity of contemporary Islamic banking and finance difficulties and the fact that certain answers cannot be found in traditional legal texts, maslahah or the public interest has emerged as a secondary source of Shariah to address these difficulties and issues. Maslahah which embodies the notion of achieving the public interest and preventing harm, has been crucial to the development and evolution of products and services in Islamic finance. The purpose of this study is to analyze the concept of maslahah as the secondary source of Shariah whereby the definition, classification, validity of maslahah and the conditions of validity are discussed. The study also highlighted its applications in Islamic finance products and services besides conducting library research analysis on literature from both classical and contemporary maslahah literature as well as the current application of maslahah in Islamic finance products and services. The study explained maslahah mu’tabarah, maslahah mulgha, and maslahah mursalah as the three classifications of maslahah which are considered valid when they are genuine (haqiqiyyah), general (kulliyah) and not in conflict with clear Quranic verse according to the Muslim jurists. The study also found that the concept of maslahah is applied in the establishment of Islamic banking and finance institutions as83 well as the Islamic capital market whereby policies were developed by the government for the Islamic banking institutions to ensure the products are Shariah-compliant. Additional collateral is required, based on the principles of usul fiqh, for the renewal of mudarabah transactions. On the other hand, ta’widh and gharamah are introduced by Islamic banks to safeguard the interests of both banks and the customers. Finally, zakat financing can help entrepreneurs repay their existing financial obligations.
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spelling uum-320542025-02-17T12:10:27Z https://repo.uum.edu.my/id/eprint/32054/ Maslahah and its Application in Islamic Finance Mohd Zameri, Sarah Nursaadah Syed Alwi, Sharifah Faigah Mohammad Hatta, Mohammad Firdaus Saiful Fikri, Aula Ahmad Hafidh HG Finance In light of the complexity of contemporary Islamic banking and finance difficulties and the fact that certain answers cannot be found in traditional legal texts, maslahah or the public interest has emerged as a secondary source of Shariah to address these difficulties and issues. Maslahah which embodies the notion of achieving the public interest and preventing harm, has been crucial to the development and evolution of products and services in Islamic finance. The purpose of this study is to analyze the concept of maslahah as the secondary source of Shariah whereby the definition, classification, validity of maslahah and the conditions of validity are discussed. The study also highlighted its applications in Islamic finance products and services besides conducting library research analysis on literature from both classical and contemporary maslahah literature as well as the current application of maslahah in Islamic finance products and services. The study explained maslahah mu’tabarah, maslahah mulgha, and maslahah mursalah as the three classifications of maslahah which are considered valid when they are genuine (haqiqiyyah), general (kulliyah) and not in conflict with clear Quranic verse according to the Muslim jurists. The study also found that the concept of maslahah is applied in the establishment of Islamic banking and finance institutions as83 well as the Islamic capital market whereby policies were developed by the government for the Islamic banking institutions to ensure the products are Shariah-compliant. Additional collateral is required, based on the principles of usul fiqh, for the renewal of mudarabah transactions. On the other hand, ta’widh and gharamah are introduced by Islamic banks to safeguard the interests of both banks and the customers. Finally, zakat financing can help entrepreneurs repay their existing financial obligations. UUM PRESS 2024-06 Article PeerReviewed application/pdf en cc4_by https://repo.uum.edu.my/id/eprint/32054/1/IJIB%2009%2001%202024%2082-94.pdf Mohd Zameri, Sarah Nursaadah and Syed Alwi, Sharifah Faigah and Mohammad Hatta, Mohammad Firdaus and Saiful Fikri, Aula Ahmad Hafidh (2024) Maslahah and its Application in Islamic Finance. International Journal of Islamic Business (IJIB), 9 (1). pp. 82-94. ISSN 0127- 662X https://e-journal.uum.edu.my/index
spellingShingle HG Finance
Mohd Zameri, Sarah Nursaadah
Syed Alwi, Sharifah Faigah
Mohammad Hatta, Mohammad Firdaus
Saiful Fikri, Aula Ahmad Hafidh
Maslahah and its Application in Islamic Finance
title Maslahah and its Application in Islamic Finance
title_full Maslahah and its Application in Islamic Finance
title_fullStr Maslahah and its Application in Islamic Finance
title_full_unstemmed Maslahah and its Application in Islamic Finance
title_short Maslahah and its Application in Islamic Finance
title_sort maslahah and its application in islamic finance
topic HG Finance
url https://repo.uum.edu.my/id/eprint/32054/1/IJIB%2009%2001%202024%2082-94.pdf
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