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Past Events

International Conference on Shari’ah Objectives (Maqasid Al-Shari'ah) in Mu’amalat and Contracts

 

Theme: Identification – Classification – Criteria and Applications to Mu’amalat

Date: 28 & 29 January 2014 (Tuesday & Wednesday)
Venue: IAIS Malaysia, Jalan Elmu, Off Jalan Universiti, Kuala Lumpur, Malaysia.
Organisers:  International Institute of Advanced Islamic Studies (IAIS) Malaysia
&
Securities Commission Malaysia.
maqasid conf
 
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 Important dates and deadlines:

  • Submission of abstract and full papers Saturday, 30 November 2013
  • Notification of accepted papers Monday, 23 December 2013
  • Submission of revised version Monday, 13 January 2014
  • Last day of payment Tuesday, 21 January 2014

Introduction

The current discourse on maqasid in the Islamic financial sector institutions is confined to generalities in respect of their commonly known varieties such as  dharuriyyat, hajiyyat and tahsiniyyat.  It has not moved on to relate itself to the particularities of mu’amalat and contracts that are currently in practice.

There is, on the other hand, a growing body of opinion that Islamic Banking and Finance must integrate not only the detailed rules of fiqh pertaining to contracts but also the higher objectives of shari’ah those contracts are due to uphold.

This conference seeks to address the relevance of maqasid to mu’amalat and provide details on contracts, the manner in which they are understood and practiced in Islamic Banking and Finance. Where do we need to focus and in which areas Islamic Banking and Finance practices have become rather preoccupied on the rules of fiqh in isolation from the broader objectives and Maqasid of those rules. 

We hope this conference will bridge the gap and start a fruitful discourse into the more specific applications and purposes of contracts in Islamic Banking and Finance.

The conference will also pay attention to the methodology and theoretical expositions of maqasid al-shari’ah -how are they identified and classified into various categories and also explore the contributions of both classical and contemporary scholars to the development of the theory of maqasid.  An adequate understanding of the theory and methodology of maqasid, and its historical developments is likely to place the more particular themes and applications of maqasid in their proper context.  The conference will then be in a better position to focus on the particularities of maqasid and their relevance to contracts and mu’amalat in Islamic Banking and Finance today.

Objectives

  • To promote a better understanding and application of maqasid al-shari’ah in the light of contemporary needs;
  • To underline the significance of the maqasid al-shari’ah in Islamic financial transactions (mu’amalat); 
  • To address the challenges of maqasid-compliance in Islamic financial institutions (IFIs), and to provide solutions so as to uphold the principles and the spirit of Islamic law;
  • To propose a unified regime of compliance for IFIs, and governance policies which they may adhere to.


Call for Papers

All interested scholars, academics, lawyers and practitioners from various related backgrounds are hereby invited to contribute their papers for presentation to the conference. Abstracts and papers should be submitted in English or Bahasa Melayu, not later than Saturday, 30 November 2013. Abstracts should not be more than 250 words and must comprise the objective, scope, methodology and important issues to be discussed. Papers must be original and have not been presented or published before. They should not exceed 7,000 words. Submission should be in Microsoft Word format. Font: 12 Times New Roman. Information about the author/s, designation, organisation and contact details (phone/mobile/fax/e-mail) must be included and sent to: papersubmission@iais.org.my


Focal Areas / Scope

  1. Maqsid of hifz al-mal and its sub-divisions and varieties – rawaj (currency); wuduh (clarity); subut (proof & stability); ‘adl (justice); and tanmiyyah (growth and development) and their applications to Islamic Banking and Finance.
  2. Maqasid and wasa’il - Purposes and Means in Relationship to maqasid.
  3. Al-Quyud wa'l-shurut  (Conditions & Qualifications) and there Relationship to maqasid.
  4. ‘Uqud al-mu’awadat (Contracts of Exchange) bay’ bithman ajil &  bay’ al-salam and their Shari'ah-ordained maqasid.  
  5. ‘Uqud al-mu’awadat (Contracts of Exchange) ijarah, bay’ al-duyun &  bay’ al-‘innah and their Purposes and maqasid - if any.
  6. ‘Uqud al-ishtirak (Contracts of Partnership): mudharabah & musharakah and their purposes and maqasid.
  7. Maqasid of ‘uqud al-amanat (Trusts Based Contracts) with Special Reference to mudharabah, musharakah and murabahah.
  8. Maqasid of ‘uqud al-amanat  (Trusts Based Contracts) with Special Reference to wadi’ah, wakalah,tawliyah & musawamah.
  9. Maqasid of ‘uqud al-tawthiqat (Contracts of Security/Surety) with Special Reference to wakalah, kafalah & rahn.
  10. Maqasid of ‘uqud al-tabarru’aat (Charitable Contracts) with Special Reference to hibah, qardh, wasiyyah, waqf and ibra’.
  11. Uses and Applications of wa’ad in Islamic Banking and Finance: Current Practice and Relevant Issues.
  12. Maqasid and hiyal: Differences between hiyal and al-zara’i’ and their Impacts on maqasid of mu’amalat.
  13. Qawaid fiqhiyyah Relating to maqasid of mu’amalat.
  14. The Contribution of al-Shatibi to the Theory of maqasid.
  15. The Contribution of Ibn Ashur to the Theory of maqasid.
  16. Identification of maqasid through nusus and ijma’.
  17. Identification of maqasid through ijtihad.
  18. Classifications of maqasid: Primary, Secondary, ‘Am and Khas.
  19. Classifications of maqasid: maqasid al-shari’, maqasid al-mukallaf, maqasid al-qat’iyyah and maqasid al-zanniyyah. 
  20. Maqasid and usul fiqh.
  21. The Challenges Facing Islamic Banking and Finance: Has it moved away From its Core Objectives, with Special Reference to maqasid.
  22. Government Policy, Maqasid al-Shari’ah and the Sphere of Mu’amalat.
  23. The Basel Accords and the Malaysia’s Regulatory Framework Relating to Islamic Banking and Finance.

Conference Languages

  • English
  • Bahasa Melayu

Registration and Cancellation 

  • The fee will cover the conference package (proceedings, meals) only. Participants have to cover their own travelling and accommodation expenses.
  • Registration is not complete until payment has been made. Upon receiving your online registration, IAIS Malaysia will send you an Electronic Invoice with payment instructions.
  • 10% discount on conference fee for three or more particpants from the same organisation - forms must be submitted together to receive the discount, please use 'Comments' box when registering online to request for discount.
  • Any cancellation after Tuesday, 21st January 2014 will be forfeited.

 Registration Fees (revised)

conf fee

Payment by cheque or bank draft

To be made payable to: International Institute of Advanced Islamic Studies (IAIS) Malaysia

Proof of payment should be e-mailed to: finance@iais.org.my

Conference Programme: (updated 21JAN2014)

acrobat_icon<< click to View/Download Detailed Programme (in PDF format)

Download Papers and Presentations: *

download button* user id and passowrd is required for download, participants of this conference can request for user id by email, please send your request to reply@iais.org.my

 

Contact Information:

International Institute of Advanced Islamic Studies (IAIS) Malaysia.
Jalan Elmu, Off Jalan Universiti 59100 Kuala Lumpur, Malaysia.
Tel: +603-7956 9188   Fax: +603-7956 2188 / +603-7956 2966 Email: email@iais.org.my
 

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Humour Without Malice

A Mullah's friend asked the mulla how old are you? Forty replied the mullah. The friend said but you said the same thing two years ago! Yes, replied the mullah, I always stand by my word.

Hikmah

Righteousness is good morality, and wrongdoing is that which wavers in your soul and which you dislike people finding out about. - Hadith: An-Nawawis Forty Hadith, Number 27.

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