Purpose This paper aims to formulate a conceptual framework that will facilitate the actualization of maqāṣid al-Sharīʿah in product design and consumption within Islamic financial institutions (IFIs). Design/methodology/approach This paper relies on the classical and contemporary literature on maqāṣid al-Sharīʿah and Islamic finance and adopts a qualitative content analysis method and an inductive approach to outline the constituent elements that formulate the framework. Findings This study determines six vital constituents of maqāṣid al-Sharīʿah, namely, parameters of maqāṣid, particular objectives, appropriate means, micro provisions, level of need and legal maxims to develop a conceptual framework of actualizing maqāṣid al-Sharīʿah in Islamic finance. The framework covers the following three stages: identification of maqāṣid, operationalization of maqāṣid in product design and consumption based on maqāṣid. Research limitations/implications This paper proposes a conceptual framework without investigating the practice of any particular industry or products. Further research would focus on formulating a practical framework based on a focus group discussion with industry experts, elaborating the parameters of maqāṣid, scrutinizing the maqāṣid available in the literature by the parameters of maqāṣid and assessing the IFIs’ products and services using the proposed framework. Practical implications This paper provides insights into the importance of maqāṣid elements and the effects of overlooking them on IFIs and customers’ product consumption. Furthermore, a major implication of the proposed framework is to learn how to use the maqāṣid approach as the baseline for designing new financial products. Originality/value The novelty of this paper lies in its pioneering attempt of harmonizing all essential maqāṣid elements and using them as constituents to formulate a comprehensive framework that actualizes maqāṣid al-Sharīʿah in the Islamic finance industry.

PurposeThis paper aims to scrutinize the misconceptions about maqāṣid al-Sharīʿah (objectives of Islamic law) that complicate its actualization, particularly in Islamic finance.Design/methodology/approachThis study adopts a qualitative inductive method to identify the flaws in understanding maqāṣid al-Sharīʿah vis-à-vis Islamic finance. It uses the views of classical and modern maqāṣid scholars to critically examine the flaws.FindingsThis study concludes that the five objectives of the Sharīʿah constitute the framework of maṣlaḥah (well-being). The levels of maṣlaḥah ― namely ḍarūriyyāt (essentials), ḥājiyyāt (needs) and taḥsīniyyāt (embellishments) ― are the categories of the means to ends. The demand for financial products falls under the ḥājiyyāt and taḥsīniyyāt categories, not ḍarūriyyāt. The maqāṣid (objectives) are derived from aḥkām (provisions) being verified by the parameters, while aḥkām are guided by maqāṣid.Research limitations/implicationsThis study recommends further research to theorize the concepts of ḍarūriyyāt, ḥājiyyāt, taḥsīniyyat and mukammilāt (complements); to harmonize the maqāṣid with their essential elements and to formulate a conceptual framework for actualizing maqāṣid al-Sharīʿah in Islamic finance.Practical implicationsThis paper will improve perceptions and bridge gaps between the understanding of maqāṣid theory and existing practices. It suggests that instead of ḍarūriyyāt, Islamic financial institutions (IFIs) should refer to ḥājiyyāt and taḥsīniyyāt.Originality/valueThis paper identifies and clarifies the misconceptions about maqāṣid al-Sharīʿah vis-à-vis Islamic finance in the existing literature. The findings align with the views of leading maqāṣid scholars in understanding the idea.

Background and Purpose: Several classical scholars who contributed to developing the theory of the maqāṣid al-sharīʿah are overlooked in the contemporary studies of maqāṣid. Most ‎contemporary studies focused on al-Juwaynī, al-Ghazālī and al-Shāṭibī. However, studying a theory requires investigating all the classical works that pioneered the theory without discrimination. This could provide new insights for the study of maqāṣid. This paper addresses this oversight by reviewing the works of early maqāṣid scholars, how much attention contemporary studies have paid to those scholars’ contribution, and suggests directions for future research.   Methodology: This study used the qualitative content analysis technique to identify the scholars who contributed to the theory of maqāṣid al-sharīʿah via a thorough reading of the history of the maqāṣid al-sharīʿah as found in contemporary literature. To trace the available studies conducted on the classical scholars and gaps in the literature, the researchers examined the catalogues, indexes, and lists collected. This study encompassed scholars who lived between the 2nd and 13th centuries when the philosophy of the maqāṣid al-Sharīʿah evolved.    Findings: The theorisation of maqāṣid al-Sharīʿah was initiated by al-ʿĀmirī‎, formalised by al-Juwaynī followed by al-Ghazālī and crystallised by al-Shāṭibī‎. Moreover, several other scholars contributed to the development of the theory even though they did not document their works as books. Nonetheless, most contemporary studies are confined to studying the works of the famous three scholars mentioned earlier.      Contributions: It is expected that the research gap identified in this paper pertaining to studying the works of classical maqāṣid scholars may ‎serve as a springboard for future studies in this field. Most importantly, investigating the works of Imām Abū Ḥanīfah, al-Rāghib al-Aṣfahānī, Abū Zayd al-Balakhī, Abū Bakr al-Jaṣṣāṣ, Abul Ḥasan‎ Al-ʿĀmirī‎, al-Qāḍī ʿAbdul Jabbār al-Hamadhānī, Abū ‘Abdullāh Muḥammad ʿAbdur Raḥmān al-Bukhārī, Ibn Khaldūn‎ and al-Shawkānī may offer fresh perspectives on the understanding of maqāṣid al-sharīʿah.    Keywords: Maqāṣid al-Sharīʿah, classical scholars, contemporary studies, Islamic jurisprudence, research gap.   Cite as: Monawer, A. T. M., Rahman, N. N. A., & Abdullah, M. F. (2023). The contributions of classical ‎scholars to the theory of maqāṣid al-Sharī‘ah. Journal of Nusantara Studies, 8(2), 242-265. http://dx.doi.org/10.24200/jonus.vol8iss2pp242-265

A number of studies show that, in Malaysia, women continue to make significant contributions to the country’s economic and social development. Moreover, women’s access to health and education has increased rapidly over the years. However, some studies claim that socio-economic discrimination against Muslim women persists. Although several factors contribute to this discrimination, fatwas (a legal opinion of Muslim jurists on Muslim affairs) are accused of discriminating against Muslim women in Malaysia such as prohibiting the appointment of female judges in shariah courts, employment of women for night shifts i.e. in the electronic factories, police force, and hospitals. Women’s socio-economic participation is important as it empowers them and creates gender equality. This paper reviews 16 fatwas on five topics relevant to women’s socio-economic participation in Malaysia issued by 11 state muftis (who issue fatwa) during the period of 1970 to 2012 in order to realize whether they hamper their participation. Using a qualitative content analysis approach, this paper concludes that fatwas had neither affected their socio-economic participation nor shaped their life negatively. This paper is hoped to positively shape the society’s impression of fatwas and help Muslim women in Malaysia abide to Islamic teachings by realizing the good impacts of fatwas issued.  Keywords: Fatwa, Muslim, women, socio-economic participation, Malaysia. Cite as: Mohammad Monawer, A. T., Grine, F., Abdullah, M. F., & Mohd Nor, M. R. (2019). Do fatwas hamper Muslim women’s socio-economic participation in Malaysia? Journal of Nusantara Studies, 4(1), 232-245. http://dx.doi.org/10.24200/jonus.vol4iss1pp232-245