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1 – 10 of 103
Article
Publication date: 19 October 2020

Fathullah Asni

This study aims to investigate the practice of bay’ ‘inah contract in personal and home financing products by some Islamic Finance Institutions (IFIs) and examine the differences…

Abstract

Purpose

This study aims to investigate the practice of bay’ ‘inah contract in personal and home financing products by some Islamic Finance Institutions (IFIs) and examine the differences in the selection of contracts in banking products amongst IFIs mainly involving personal financing. The study will also propose a solution to the problem of differences and simultaneously standardise personal financing contracts in Malaysia.

Design/methodology/approach

The methodology of this study is qualitative, in which the data are collected through library research and field studies. The library research is done by examining books of usul al-fiqh (principles of Islamic jurisprudence), mura’aht al-khilaf, maqasid shariah (objectives of Islamic law) articles, statutes and related circulars, while field studies are conducted in an unstructured interview method with some members of Shariah Advisory Council (SAC) and academicians from Bank Negara Malaysia (BNM), IFIs and public university.

Findings

The findings show that there is a difference in views amongst SAC members in IFIs on bay’ ‘inah contract that effects the differences in the execution of such contract in banking applications. The study found that the bay’ ‘inah contract was non Shariah (Islamic law) compliant based on Shariah’s arguments and the opinion of the majority of past and present Islamic scholars. The study found that the BNM’s SAC did not allow the bay’ ‘inah contract to be practiced in personal and home financing products. Hence, this study proposes standardisation steps based on differences in the problems studied. The study also suggested that the SAC of BNM make improvements and updates on its solution regarding the bay’ ‘inah contract so that it is not misunderstood especially amongst IFIs.

Research limitations/implications

The study is only looking at one case study, which is the bay’ ‘inah contract practiced by the IFIs in Malaysia.

Practical implications

This study proposes the standardisation of personal financing products practiced by the IFIs. The results of this study can reduce Sharīʿah non-compliance products in the market. The results of this study have gained a deep understanding of the solution of bay’ ‘inah contract made by the SAC of BNM. The findings also reduce the conflict between Shariah scholars locally and internationally and can restore the image of Islamic banking in Malaysia from engaging with controversy products or contracts.

Social implications

The confidence of the public in Islamic banking is increasing as there is no contractual engagement with serious controversial issues and contracts similar to the concept of riba and hilah (trick) that is prohibited by Islamic law in IFIs.

Originality/value

This study analyses the differences of fatwa (a ruling on the point of Islamic law) about bay’ ‘inah contract decided by some SACs of IFI based on the discipline of usul al-fiqh. The study found that the bay’ ‘inah contract is not allowed by Islamic law. The study has proposed the standardisation of the fatwa differences based on the concept of mura’aht al-khilaf and the concept of standardisation in Islamic finance and to standardise personal financing products amongst IFIs in Malaysia.

Details

Qualitative Research in Financial Markets, vol. 13 no. 1
Type: Research Article
ISSN: 1755-4179

Keywords

Article
Publication date: 15 February 2011

Vishanth Weerakkody, Ramzi El‐Haddadeh and Shafi Al‐Shafi

The purpose of this paper is to explore empirically the complexities of e‐government implementation and diffusion from a developing country perspective.

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Abstract

Purpose

The purpose of this paper is to explore empirically the complexities of e‐government implementation and diffusion from a developing country perspective.

Design/methodology/approach

An empirical case study using an interview‐based research agenda is adopted. After reviewing the extant literature on e‐government, the paper first proposes a conceptual model, which is consequently used to explore empirically, within the State of Qatar, the key challenges influencing e‐government implementation and diffusion from organisational, technological, social and political perspectives.

Findings

The conceptual model proposed in this study offers a comprehensive overview of the implementation and diffusion challenges of e‐government through identifying various factors associated with organisational, technological, social and political perspectives from the literature. Through adopting an empirical research strategy focusing on developing countries that are not in an advanced state of e‐government development, this study offers a holistic view in understanding e‐government implementation and diffusion complexities for the benefit of similar countries.

Research limitations/implications

This research only focuses on exploring empirically the implementation and diffusion challenges facing e‐government in one developing country and does not investigate how these challenges may influence citizens' adoption of these services in that country or in a wider context.

Practical implications

The conceptual model in this study offers practitioners, policy makers and researchers a comprehensive overview of the implementation and diffusion challenges of e‐government projects, particularly in developing countries. The key findings of this study show that, irrespective of strong financial support and resources, governments must be prepared to tackle a number of challenges related to the complexity of e‐government implementation and diffusion. In addition, the study indicates that better alignment of national ICT strategies with various local level e‐government projects, clear legislation, implementation guidelines and standards are imperative for e‐government success.

Originality/value

The core contribution of this research adds to the growing body of knowledge concerning the implementation and diffusion of e‐government in developing countries. In particular, the conceptual model formulated through the synthesis of extant literature offers researchers and practitioners a lens to better appreciate the key challenges that require consideration when implementing and diffusing e‐government.

Details

Journal of Enterprise Information Management, vol. 24 no. 2
Type: Research Article
ISSN: 1741-0398

Keywords

Open Access
Article
Publication date: 4 August 2020

Mohammad Abdullah

This paper aims to analyse the Sharīʿah premises of waqf (Islamic endowment), followed by dilating on the nature of argumentation among the classical jurists on its rules and…

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Abstract

Purpose

This paper aims to analyse the Sharīʿah premises of waqf (Islamic endowment), followed by dilating on the nature of argumentation among the classical jurists on its rules and principles. The paper critically analyses the edifice of the applied juristic analogy of different early jurists in deriving various waqf doctrines. The objective of analysing the jurisprudential framework of waqf in its classical mould is to conceptualise the methods, mechanism and nature of juristic analogies in deriving the waqf principles. This analysis is critical to understand the scope of jurisprudential flexibility in modern awqāf.

Design/methodology/approach

The paper is an outcome of a library-based research. It uses the classical jurisprudential treatises of waqf with an aim to analyse the Sharīʿah basis of the institution, the premises of its key principles and the applied juristic analogy to derive the same. The paper covers the classical waqf books and treatises from the four Sunni schools of jurisprudence and uses a textual analysis method.

Findings

The paper finds that in its initial phase, the conceptual framework of waqf was not unanimously agreed by all jurists, rather its Sharīʿah permissibility remained critically disputed among them for a while. Though, the opinion of those jurists who approved the Sharīʿah-validity of waqf was to prevail in the later stage, disagreement persisted with reference to its necessary features and defining criteria. It is found that in the classical waqf literature, two most disputed aspects of waqf jurisprudence constituted the requirements for completion of a waqf and its ownership status.

Research limitations/implications

This study neither covers the historical contribution of waqf among the Muslim societies nor touches on the empirical aspects of modern waqf. Rather, the focus of the study is limited to analysing the classical jurisprudential discourse of waqf and distillation process of its rulings.

Practical implications

The objective of analysing the classical juristic discourse of waqf is to underline the premises of classical juristic analogy in determining the framework of fiqh al-awqāf (jurisprudence of waqf) in its classical permutations and to learn how to adopt a similar approach for deduction of new waqf rulings.

Originality/value

This paper adds original value to the body of waqf literature for analysing the classical waqf rulings distillation process along with examining the methods and mechanism of juristic analogy.

Details

ISRA International Journal of Islamic Finance, vol. 12 no. 2
Type: Research Article
ISSN: 0128-1976

Keywords

Article
Publication date: 18 January 2021

Fathullah Asni and Jasni Sulong

The purpose of this paper is to study the differences in fatwa amongst official fatwa institutions in Malaysia comprising the State Mufti’s Departments (SMDs), the National Fatwa…

Abstract

Purpose

The purpose of this paper is to study the differences in fatwa amongst official fatwa institutions in Malaysia comprising the State Mufti’s Departments (SMDs), the National Fatwa Committee Muzakarah (NFCM) and the National Bank Shariah Advisory Council (NBSAC) regarding the conditional gift issue and to propose a uniformed fatwa by taking an approach of celebrating views of all the official fatwa institutions involved.

Design/methodology/approach

The methodology used for this study is qualitative; data was collectedthrough library research and field studies.[AQ1] The library research was accomplished by examining books, statutes and related circulars, while field studies were conducted through unstructured interviews with eight Shariah (Sharia) officers and two academicians from SMDs, NFCM, NBSAC and public universities.

Findings

The findings of the study found that the conditional hibah (ruqba and 'umra) is valid as far as gifting is concerned, while the conditions pertaining to it are null and void. The findings also found that the concept of mura’ah al-khilaf and ma’alat al-af’al can be practised by applying conditional hibah to maintain maslahah, as provided under the concept of maqasid al-Shariah. Hence, this study proposed that formal fatwa institutions consisting of SMDs, NFCM and NBSAC issue a comprehensive guideline in contracting conditional hibah by providing an explicit provision on the recognised and different opinions about the said hibah.

Originality/value

The study analyses the differences of opinions of the official fatwa on conditional hibah issued by SMDs, NFCM and NBSAC based on the discipline of usul al-fiqh. It is found that conditional hibah is not allowed in Islamic law. It also found that conditional hibah granted by the NBSAC is not in adherence to the strict permission granted by Islamic law. Therefore, taking into consideration all the fatwas issued by the fatwa bodies, the researchers proposed to celebrate all official fatwas using the method of mura'ah al-khilaf and ma’alat al-af'al.

Details

International Journal of Islamic and Middle Eastern Finance and Management, vol. 14 no. 4
Type: Research Article
ISSN: 1753-8394

Keywords

Article
Publication date: 18 May 2015

Alaa Aldin Abdul Rahim A. Al Athmay

The purpose of this study is to measure the impact of demographic factors as determinants of citizens’ perceptions toward two dimensions of e-governance, namely: e-openness and…

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Abstract

Purpose

The purpose of this study is to measure the impact of demographic factors as determinants of citizens’ perceptions toward two dimensions of e-governance, namely: e-openness and e-participation.

Design/methodology/approach

A questionnaire was administered to collect data from three locations in the United Arab Emirates (UAE). Demographic data were analyzed to test two dimensions, namely: e-openness and e-participation of e-governance underpinning five demographic variables. More specifically t-test and the Scheffe method of multiple comparisons were conducted on a sample of 1,500 respondents to measure the significance of gender, age, educational level, nationality and type of employment in relation to the aforementioned dimensions of e-governance.

Findings

Findings indicate that, with the exception of nationality, all other demographic variables including gender, age, education and type of employment clearly explain differences among the respondents of e-governance. Furthermore, our findings suggest that respondents perceive moderate satisfaction with one dimension, namely, e-openness, but less satisfaction with the other dimension of e-governance, namely: e-participation.

Research limitations/implications

The study is limited by the exclusive emphasis of the influence of five independent demographic factors on only two dimensions of e-governance. In addition, the sample represents highly educated and experienced respondents of Internet use and thus the results might be biased. Future studies may look beyond the demographic variables by evaluating UAE citizens’ attitudes and behavior towards the adoption of e-services. Furthermore, future research could be an in-depth examination, through focus groups, of the factors that impede an active interaction in the UAE. To overcome the possibility of biasness of the results, future work should include non-users and comparing the adoption behavior of online and offline users.

Practical implications

The key findings are useful for policy-makers and decision-makers for a real understanding of the needs of the citizens and to re-conceptualize the government Web sites as an interactive channel of communication in enhancing transparency and participation and, therefore, to contribute to democratic process.

Originality/value

The primary value of this research lies in extending the understanding of citizens’ perceptions of two dimensions of e-governance according to their demographic attributes. The two dimensions of e-governance identified in this study are neither studied before in the context of Arab countries nor explored in relation to the identified demographic variables. Furthermore, this study combines the two dimensions (e-openness and e-participation) and is in contrast with previous studies which examined these two dimensions separately.

Details

Transforming Government: People, Process and Policy, vol. 9 no. 2
Type: Research Article
ISSN: 1750-6166

Keywords

Open Access
Article
Publication date: 30 March 2020

Sadali Rasban, Adam Abdullah and Aznan Hasan

This paper aims to examine the current practice in Singapore regarding an inheritance issue: disposal of the residual net estate to the bayt al-māl, which is identified as the…

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Abstract

Purpose

This paper aims to examine the current practice in Singapore regarding an inheritance issue: disposal of the residual net estate to the bayt al-māl, which is identified as the Islamic Religious Council of Singapore (Majlis Ugama Islam Singapura, MUIS). The issue arises when the deceased leaves farḍ (fixed-share) heir(s) and/or dhawū al-arḥām (outer family members) but there is no ʿaṣabah (agnatic residuary heir by blood). Farḍ legal heirs are those beneficiaries for whom the Qurʾān prescribes inheritance of a pre-determined share. Disposal of the residual net estate to the bayt al-māl results in a reduction in the share due to the farḍ legal heir or worse, a total loss to the dhawū al-arḥām legal heirs.

Design/methodology/approach

A qualitative approach based on library and case study research has been adopted to elaborate practices that fall under the purview of the Administration of Muslim Law Acts (AMLA), Chapter 3.

Findings

The current practice seems biased against, especially, women and spouses. It creates high dissatisfaction in the community, especially those affected by such practices. This paper elaborates on the practice of residual net estate distribution in Singapore and the contemporary practices of the four Sunni madh-habs – the Ḥanafī, Mālikī, Shāfiʿī and Ḥanbalī jurisprudential schools – in other countries.

Research limitations/implications

In Singapore, Muslim law is defined and implemented by the civil court, not the Syariah Court or MUIS. The recommendation to change from the current classical practice by the Syariah Court and MUIS to the contemporary practice that is relevant to today’s context lies with the civil court and Government of Singapore. The choice for the Syariah Court and MUIS to adopt the contemporary practice as per Ḥanafī School by rule of the court or the government is beyond this research. Zayd ibn Thābit, Caliph Abū Bakr and a small number of companions held the view that the residue net estate asset must go to the bayt al-māl, the current classical practice. The contemporary practice adopted by Sayyidina ʿUthmān ibn ʿAffān, Jābir ibn Zayd and majority of the companions’ view, is not in favour of the residue net estate asset to go to the bayt al-māl; rather they view that it must be returned to the legal heirs.

Practical implications

Awareness in the community in the current controversial practice in Singapore when the residue net estate through the farāʾiḍ law was giving to bayt al-māl instead of returning to farḍ or dhawū al-arḥām in the absence of the ʿaṣabah legal heir as stated in the Inheritance Certificate issued by Syariah Court.

Social implications

To understand the contemporary Muslim law and the practical and just application in today’s Singapore context as supported by the AMLA, Chapter 3.

Originality/value

This is the first study that challenges the current practice by the Syariah Court and MUIS in Singapore, thereby endeavouring to restore justice to the community.

Details

ISRA International Journal of Islamic Finance, vol. 12 no. 1
Type: Research Article
ISSN: 0128-1976

Keywords

Open Access
Article
Publication date: 25 May 2021

Muhammad Sholihin, Nurus Shalihin and Apria Putra

The article examines Sheikh Ahmad Khatib Al-Minangkabauwi's initial concept of paper money, which in the early 20th century wrote Risala Raf'u Al-Iltibas.

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Abstract

Purpose

The article examines Sheikh Ahmad Khatib Al-Minangkabauwi's initial concept of paper money, which in the early 20th century wrote Risala Raf'u Al-Iltibas.

Design/methodology/approach

This paper uses a qualitative approach based on the critical extraction analysis that can reveal a set of concepts related to the thoughts of Sheikh Ahmad Khatib Al-Minangkabauwi on paper money.

Findings

Through an attentive reading of Sheikh Ahmad Khatib Al-Minangkabawi, the authors can formulate several significant results: First, Ahmad Khatib Al-Minangkabawi applies two methods in studying critically on paper money, namely, the comparative law method and qiyas. Second, Ahmad Khatib believes that paper money has similarities with dinars and dirhams, namely its nominal value function. It is just that the existence of these values is different. Briefly, there are set law consequences for those who used paper money in economic activities, i.e. payment of zakāt on paper money applies when used as business capital.

Research limitations/implications

Sheikh Ahmad Khatib Al-Minangkabawi's work related to paper money is written heavily from the perspective of fiqh. Briefly, it is challenging to describe legal reasoning from work. As a result, articles are also thicker with fiqh analysis.

Practical implications

Sheikh Ahmad Khatib Al-Minangkabawi's view regarding paper money becomes the foundation for the theory of the value of money in Islam. However, it is rarely disclosed. In this regard, this paper can serve as the foundation of the value for money offered by scholars from Indonesia in the early 20th century.

Social implications

Money is not a commodity. Still, it must be positioned as capital to be productive. It finally becomes why trade is compelling and becomes the most practical reason for paying out zakāt.

Originality/value

It is not easy finding out articles that attempt to reveal the concept of classical ulemas or clerics from Indonesia relating to paper money. This article manages to identify that, and at the same time, becomes a novelty.

Details

Islamic Economic Studies, vol. 29 no. 1
Type: Research Article
ISSN: 1319-1616

Keywords

Open Access
Article
Publication date: 10 July 2017

Mahadi Ahmad and Riaz Ansary

Islamic banks are obliged to carry out transactions that only comply with Islamic commercial laws. Malaysia has been championing the Sharīʿah-based banking system, and so…

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Abstract

Purpose

Islamic banks are obliged to carry out transactions that only comply with Islamic commercial laws. Malaysia has been championing the Sharīʿah-based banking system, and so, continuous improvement on the compliance level of the institutions offering Islamic financial services is key to its global recognition in this industry. One of the issues that can affect deposit products is existence of a sale contract and loan facility in one transaction. Famous prophetic tradition prohibits this. Hence, this paper aims to examine the linkage between bayʿwa salaf (combination between a sale contract and loan in one transaction) and deposits accounts in Malaysia.

Design/methodology/approach

The subject matter of this paper is one that is researchable within library-based research. It is on this premise the research used the non-empirical qualitative research methodology. It used inductive method of analysis of both Islamic and policy documents on Islamic banking in Malaysia. Literature from Islamic jurisprudence, websites of some of the Islamic banks in Malaysia and relevant resolutions from the Shariah Advisory Council of Central Bank of Malaysia were consulted.

Findings

Based on the methodology mentioned above, the researchers arrived at the following findings: that, although there is no juristic disagreement about the prohibition of bayʿwa salaf, disagreement, however, occurs in results of some contracts. The most notable area of agreement on the existence of bayʿwa salaf is when there is express stipulation of sale or rendering of service and express or implied stipulation of loan alongside of the sale or service rendering. In an organized reversed tawarruq, the use of these deposits by the banks is regarded as loan from the depositors to the banks, who will soon put the money into sale that will generate profit to be divided between the banks and their depositors. However, this study finds that this is not bayʿwa salaf prohibited by the prophetic tradition.

Originality/value

The originality of this topic is proven by the new banking regulation regime of Malaysia, which compels Islamic banks to guarantee all deposits under them. As Islamic banks carry out their banking activities through trading, there is need to conduct a research such as this. This is to examine whether Islamic banks’ unilateral use of depositors’ funds in non-investment accounts which is translated, constructively, as loan from the depositors to Islamic banks amounts to bayʿwa salaf before the future tawarruq. Here there is loan and sale, which is the tawarruq. Hence, the need to do this research.

Details

ISRA International Journal of Islamic Finance, vol. 9 no. 1
Type: Research Article
ISSN: 0128-1976

Keywords

Article
Publication date: 2 September 2021

Sadat Riyaz and Vijay Kumar Sharma

This paper aims to propose the reversible Feynman and double Feynman gates using quantum-dot cellular automata (QCA) nanotechnology with minimum QCA cells and latency which…

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Abstract

Purpose

This paper aims to propose the reversible Feynman and double Feynman gates using quantum-dot cellular automata (QCA) nanotechnology with minimum QCA cells and latency which minimizes the circuit area with the more energy efficiency.

Design/methodology/approach

The core aim of the QCA nanotechnology is to build the high-speed, energy efficient and as much smaller devices as possible. This brings a challenge for the designers to construct the designs that fulfill the requirements as demanded. This paper proposed a new exclusive-OR (XOR) gate which is then used to implement the logical operations of the reversible Feynman and double Feynman gates using QCA nanotechnology.

Findings

QCA designer-E has been used for the QCA designs and the simulation results. The proposed QCA designs have less latency, occupy less area and have lesser cell count as compared to the existing ones.

Originality/value

The latencies of the proposed gates are 0.25 which are improved by 50% as compared to the best available design as reported in the literature. The cell count in the proposed XOR gate is 11, while it is 14 in Feynman gate and 27 in double Feynman gate. The cell count for the proposed designs is minimum as compared to the best available designs.

Details

Circuit World, vol. 49 no. 1
Type: Research Article
ISSN: 0305-6120

Keywords

Article
Publication date: 3 May 2016

ALaa Aldin A AL Athmay, Kamel Fantazy and Vinod Kumar

The purpose of this paper is to examine the relationships among e-government attributes in terms of social influence, perceived effectiveness, system quality, and information…

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Abstract

Purpose

The purpose of this paper is to examine the relationships among e-government attributes in terms of social influence, perceived effectiveness, system quality, and information quality user satisfaction and intention to use e-government services in United Arab Emirates (UAE).

Design/methodology/approach

This study is based on previous research on e-government services, and has relied partially on Delone and Mclean’s (2004) updated IS success model and the new theoretical and accepted model (UTAUT). These models were used to examine the impact of some selected attributes of e-government on the adoption of e-government services in the UAE from the perspective of a citizen. A questionnaire survey was used to collect data from a total of 1,800 e-government users in the UAE and structural equation modeling was utilized to test the theoretical model.

Findings

This study has identified five main findings. First, it provides evidence of the direct effects of e-government attributes on user satisfaction. Second, it provides evidence of the direct effects of user satisfaction on user intention to use e-government services. Third, it provides evidence of the direct effects of e-government attributes on intention to use. Fourth, it demonstrates the positive total effects (direct and indirect) of e-government attributes on the intention to use e-government services in the UAE through user satisfaction. Fifth, two attributes of e-government – system quality and information quality – have emerged as having a strong effect on the intention to use e-government services.

Research limitations/implications

The research study was limited to the UAE geographical region. It would be very interesting to see if there are regional variations when compared to the findings of this research study. The target respondents for this study are internet users. Future research needs to be extended to include both users and nonusers of the internet for the purpose of comparison, and looking at the perception of a technology divide among citizens as a factor influencing citizen intention to adopt e-government services.

Practical implications

This study would help policy makers understand e-government users and to implement policies at large to meet the citzens ' needs of e-government services. The results of the study and the proposed model can be used as a guideline for e-government strategy formulation and implementation for the Government of UAE. The results of the study imply that decision makers of e-government programs should take into considerations these attributes when developing e-government programs because they affect users’ satisfaction and in turn enhances users’ intentions to use e-government services and consequently increase the success of e-government strategic programs.

Originality/value

This paper is one of the few studies on e-government adoption in an Arab country and the first study on e-government adoption in the UAE. The paper’s originality and value comes from its theoretical contribution as a first paper in this region to empirically test the impact of some selected variables (social influence, perceived effectiveness, system quality, and information quality) on user satisfaction and intention to adopt e-government services. In contrast to previous research, this paper selected user satisfaction as a mediated, rather than a dependent variable.

Details

EuroMed Journal of Business, vol. 11 no. 1
Type: Research Article
ISSN: 1450-2194

Keywords

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