Books by PROF. DR. SAIM KAYADIBI
Contracts in Islamic Law, 2022
In the book in your hand, you will find all kinds of contract-related issues in Islamic law. Unde... more In the book in your hand, you will find all kinds of contract-related issues in Islamic law. Understanding these issues will provide great convenience to Islamic law and Islamic finance students and researchers in their studies. When these contracts are learned and understood correctly, the solution of the problems that will arise will be easier.
According to the famous classification, the practical (‘amalī) rulings of Islam are divided into the following sections: 1. ‘ibādāt (worships), 2. mu‘āmalāt (transactions), 3. munākaḥāt (marriages), 4. mufāraqāt (separations), 5. ‘uqūbāt (punishments). Among these aḥkām (rulings), ‘ibādāt (worships) take place between Allah and the slaves, while the rest of the rulings apply to the relationship between human beings.
The ‘aqd (contract) view of Islam and ‘uqūd (contracts) are sections that constitute the majority of the body of knowledge on transactions (mu‘āmalāt) within the percentage of importance and integrity. As a system in itself, Islam has a unique understanding of the concept of contracts. As you will see that throughout this book, the author tries to explain the Islamic concept of contract in an understandable and clear way.
Unlike other creatures, human beings are obliged to live together. Capabilities vary from person to person. The ability that is in one person may be absent in another. Each talent meets the diverse needs of people.
Contracts in Islamic law deal with almost all relations between people and cover all whether explicit or implicit transactions. The man is so accustomed to the contracts that he is not even aware of the numerous contracts that he undertakes. For example, we do not realize that we make a ijārah (lease) contract when we get on a minibus or buy postage stamps; we make a bay‘ (sale) contract when we pay for electricity and water bills; we make a ṣarf (currency exchange) contract when we exchange money; we make a wadī‘ah (deposit) contract when we get on the bus to put our luggage. It seems that entering contracts has become an automatic behaviour in people. So it is impossible to think of human life without ‘uqūd (contracts).
The book in your hand, The State and Policies of an Islamic Government (Siyāsah Shar‘īyyah), is a... more The book in your hand, The State and Policies of an Islamic Government (Siyāsah Shar‘īyyah), is aimed to help students and people interested in the study of siyāsah shar‘īyyah, the concept of state in Islam and policies of Islamic government, understand the field comprehensively. This work is, indeed, a comprehensive study in its field, prepared to be a reading book on sharī‘ah-oriented public policy (siyāsah shar‘īyyah) and consisting of nine chapters and each chapters has its own character traits. It is a book that will enlighten your world of mind with intellectual ideas that you will learn by reading and realize that new horizons are opened while learning.
İslam İktisadi Düşünce Tarihi, 2021
Kindî olarak meşhur, Ebu Yusuf Yakub bin İshak el-Sebbah el-Kindî’nin, kesin doğum tarihi hakkınd... more Kindî olarak meşhur, Ebu Yusuf Yakub bin İshak el-Sebbah el-Kindî’nin, kesin doğum tarihi hakkında farklı rivayetler varsa da 801 (Feylesûfü’l-ʿArab ve’l-muʿallimü’s̱-s̱ânî, s. 18) yılında soylu bir ailenin çocuğu olarak Kufe’de doğmuş olduğu kabul edilir. Kaynaklar onun soy kütüğüyle ilgili olarak otuz iki şahsın ismini zikrederek Güney Arabistan’ın en köklü kabilesi olan Kahtân soyundan geldiğini belirtirler. Siyasi yönden de güçlü bir kabile olan Kindî’nin ataları, İslâm’dan öndeki dönemde Güney Arabistan’ın Kinde bölgesinin yönetimini uzun süre hakimiyetleri altında bulundurmuşlar, beşinci göbekten dedesi olan Eş‘as b. Kays, Kinde meliki iken 10 (631) yılında altmış kişilik bir heyetle Medine’ye gelmiş ve Hz. Peygamber’in huzurunda İslâm’ı kabul etmişti.
Theoretical and Empirical Perspectives on Economic and Financial Issues, 2021
Principles of Islamic Law and the Methods of Interpretation of the Texts (Usul al-Fiqh), 2018
In the past couple decades, interest in learning and teaching Islamic law has increased in both t... more In the past couple decades, interest in learning and teaching Islamic law has increased in both the Muslim and non-Muslim world. The popularity of Islamic banking and finance has especially triggered scholarly studies in this field, since the study of uṣūl al-fiqh is the essence of comprehending the law revealed by the Lawgiver. In order to fully implement the intention of the Lawgiver in the field of tashrī‘, as well as in Islamic banking and finance, properly learning the components of uṣūl al-fiqh is highly essential for those who are both theorists and practitioners. A better understanding of the principles of Islamic law and the methods of interpretation of the texts is necessary to appropriately convey the message of the eternal sources to the experts, just as a driver’s licence is necessary to drive a car and a medical certificate is necessary to practice medicine − without these certificates, one may cause a serious accident or death. Such an understanding will protect students, especially those of the younger, technologically advanced generation, from reckless approaches towards aḥkām of the Qur’ān and the Sunnah. Studying the principles of Islamic law, uṣūl al-fiqh, is as essential as studying other sciences to be qualified in Islamic sciences, since they are a manifestation of divine law, which reflects the rules (aḥkām) derived from the main sources, the Qur’ān and the Sunnah, which are simply called the Sharī‘ah.
The history of waqfs goes back to pre-Islamic times. It is impossible to determine the beginnings... more The history of waqfs goes back to pre-Islamic times. It is impossible to determine the beginnings of solidarity and altruism in early Islamic societies. Examples of waqfs or similar charitable systems could be seen in many societies. However, this institution type is accepted as very important in Islamic societies; waqfs therefore had a great impact on economic and social life in Turkish and Islamic world. The Waqf institution is an important issue requiring examination from the middle period until recent times in Turkish and Islamic history.
This book constitutes a study of Southeast Asia, discussing the Malay world's long historical con... more This book constitutes a study of Southeast Asia, discussing the Malay world's long historical connection with the Muslim people including the Rumi-Turks, Hadramīs and the Ottomans. These connections reflect religious, political and legal co-operations. It also discusses the Ottomans’ policy of pan-Islamism and the role of Sultan Abdulhamid II in improving ties with the Malay world and their scholars, rulers and heritage, in the fight against Western colonial powers. In seven essays, the contributors to this book discuss the early religious-intellectual network in the region as well as the evolution of the judicial and political systems. The network of Johor-Ottoman and Hadrami Muslim relationships and the role of Sultan Abu Bakar of Johor strengthen bilateral connections. The translation of the Majallah al-Ahkam (Ottoman Legal Codes) into Malay language gave an expansion to develop legal practice of the codes of Islamic law in Shariah courts of the Malay Archipelago. The scholars individually discussed and analyzed the topic that they present of which the Ottoman and Malay legal structures and their developments; Turkish scholars in the archipelago and the first interaction with Islam; judicial developments; Ottoman fiqh education system in madrasas. It’s hoped that this humble work would contribute some input to the heritages of Muslim World.
The research work embodied in this thesis constitutes a critical analysis of classical and modern... more The research work embodied in this thesis constitutes a critical analysis of classical and modern aspects of the concept of istihsān (juristic preference) in Islamic law, an important principle in Islamic legal legislation throughout history. This area of legislation has been investigated by many researchers and scholars; however, the research work conducted to evaluate the true nature and role of isti�sān with regard a combination of classical and modern approaches still requires further investigation. The thesis consists of four chapters.
Papers by PROF. DR. SAIM KAYADIBI
Journal of History Culture and Art Research, 2016
An Overview towards the Existence Struggle in Religious and Cultural Pluralism: Malaysia Experien... more An Overview towards the Existence Struggle in Religious and Cultural Pluralism: Malaysia ExperienceMalaysia with its socio-cultural structure is one of the rare unity that can exemplify many countries because of her ability to live in peace and tranquillity with multi-religious, multilingual and multicultural societies. Considering this multi-culturalism, multi-religion and multi-lingual as a wealth, thus they are struggling together to create a strong society. In many fields such as Islamic economy, banking, and halal food, she is able to play a pioneering role in the application of Islamic law in a modern state, yet it has many momentous works in the race to become a central country. In terms of historical experience, with her strategical position, Malaysia has been the centre of serious occupations, thus it has been struggling to get rid of the traces of many colonial states, colonial psychology and trying to wrap their wounds. Despite the bitter memories of the colonial countrie...
Nowadays, the idea of integrating zakat into fiscal system has arisen in Muslim countries includi... more Nowadays, the idea of integrating zakat into fiscal system has arisen in Muslim countries including Indonesia. It is argued that zakat, in history, has played a significant role to create welfare among societies. It is proven at the time of Caliph ‘Umar ibn ‘Abdul ‘Aziz that zakat has alleviated poverty at that time alongside tax. Having considered such achievement, some scholars argued that zakat should be reintegrated into current fiscal system. This paper, therefore, attempts to study the feasibility of integrating zakat into Indonesian fiscal system. Employing descriptive analysis based on Siyasah Shar‘iyyah (high objectives of the Shari‘ah). Therefore, the objectives of the study are set with these following points: 1) to address the strength and the weakness of the implementation of this idea, 2) to assess its opportunity as well as its threat, 3) to examine whether the integration of zakat will secure maslahah (benefit) or create mafsadah (harm). The research will determine w...
This research paper is intentionally designed to build a framework of Islamic economy into one pi... more This research paper is intentionally designed to build a framework of Islamic economy into one picture of Islamic state concept. The research paper employ quantitative and historical approach. The result of geometric mean computation showing the growth of money supply in Iceland is higher than the growth of real GDP and the the inflation rate reaches 18.91 percent. The regression analysis is carried-out based on natural logarithm (Ln) model. The estimated coefficient of M1 in Iceland is much higher than the estimated coefficient of GDP. This result also supports the finding of geometric computation. In other words, there is an economic problem in Iceland created by the working of compounded fiat-money interest rate. It has implicitly proven that since the power of Islamic government is absent in this world, then the Islamic state will never be established. Therefore, the need of siyasah shar'iah to build Islamic government before establish Islamic state becomes an obligatory.
AHKAM : Jurnal Ilmu Syariah
Muslim scholars have mainly considered the maqāṣid al-sharī‘ah within three categories: ḍarūriyyā... more Muslim scholars have mainly considered the maqāṣid al-sharī‘ah within three categories: ḍarūriyyāt (the essentials), ḥājiyyāt (the complementaries) and tahsīniyyāt (the desirables or the embellishments). The concept of maṣlaḥah is meant to protect the maqāṣid al-sharī‘ah (the higher objectives of sharī‘ah), which consist of seven essential values, namely religion, life, intellect, lineage, wealth, honour and state, all of which promote the people’s welfare and prevent all kind of evils. They are considered essentials because neglecting them would cause total social disruption and anarchy. Even though classical scholars considered the darūriyyāt to be six in number, this article suggests that the value of “state” be added to this list. The values in the darūriyyāt category must be upheld and protected from any real or unexpected threats either by maintaining the essentials or removing the disruption. The concept of state is just as essential as the other six values, for without it, a...
Refugee crisis has recently become the focus of international discourse, especially in the wake o... more Refugee crisis has recently become the focus of international discourse, especially in the wake of the recent new influx of the Syrian refugees. According to the latest UNHCR report issued in June 2016, the number of displaced people reached 65.3 million including 21.3 refugees [UNHCR, 2016]. Most of the new refugees, like their predecessors in millions, will end up stuck in camps or temporary settlements for decades. Durable solutions proposed by UNHCR, notably repatriation, integration in local population and resettlement in a third country, have proven ineffective, insufficient and inaccessible for the majority of refugees. Another alternative solution of economic engagement of refugees was proposed. This has also remained out of reach to the vast majority of refugees mainly due to legal constraints, discouraging policies of host countries and lack of funds for NGOs to support refugee microenterprises. Furthermore, lack of access to finance and markets have remained on top of the challenges for refugees to start microenterprises. Hence the need for new institution and a viable model becomes imperative. This study employs Cash Waqf to develop a microenterprise support model for refugees (CWMES-R). The model addresses the main challenges of financing, marketing services and training in order to support refugee microenterprises.
The Mathnawi of Mawlana Jalaluddin Rumi
The Islamic Quarterly, 2016
Refugee crisis has recently become the focus of international discourse, especially in the wake o... more Refugee crisis has recently become the focus of international discourse, especially in the wake of the recent new influx of the Syrian refugees. According to the latest UNHCR report issued in June 2016, the number of displaced people reached 65.3 million including 21.3 refugees [UNHCR, 2016]. Most of the new refugees, like their predecessors in millions, will end up stuck in camps or temporary settlements for decades. Durable solutions proposed by UNHCR, notably repatriation, integration in local population and resettlement in a third country, have proven ineffective, insufficient and inaccessible for the majority of refugees. Another alternative solution of economic engagement of refugees was proposed. This has also remained out of reach to the vast majority of refugees mainly due to legal constraints, discouraging policies of host countries and lack of funds for NGOs to support refugee microenterprises. Furthermore, lack of access to finance and markets have remained on top of the challenges for refugees to start microenterprises. Hence the need for new institution and a viable model becomes imperative. This study employs Cash Waqf to develop a microenterprise support model for refugees (CWMES-R). The model addresses the main challenges of financing, marketing services and training in order to support refugee microenterprises.
The International Journal for the Psychology of Religion, 2020
Prayer is an important aspect of many religions. Existing measures of prayer
have mostly originat... more Prayer is an important aspect of many religions. Existing measures of prayer
have mostly originated from the Christian West and emphasized various
“verbal” aspects of making a supplication. An “active” aspect of prayer, in
which the supplicants strive for what they pray, has not received sufficient
attention despite being crucial to Muslim belief. Based on the Islamic scholar
Said Nursi’s conceptualization, the current study developed and validated
a 7-item, 2-factor measure of Muslim Verbal and Active Prayer (MVAP). The
measure showed good construct validity in two independent Muslim samples
(N = 297 and 179) in exploratory and confirmatory factor analyses. It
demonstrated not only convergent validity, but showed incremental validity
predicting religious and psychological adjustment over and above Muslim religiosity and spirituality. In addition, the Muslim prayers invigorated and integrated Muslim religious spirituality in its expression of religious and psychological adjustment. This brief measure has potential to deepen empirical studies of Muslim psychology, and prayer research in general.
Journal of Islamic, Social, Economics and Development, 2018
A system that is not formed by specific values, such as justice, trust, accountability and so for... more A system that is not formed by specific values, such as justice, trust, accountability and so forth, cannot sustain its existence. History provides both secular and revelation-based government systems, the latter of which is often found within the Islamic world in the past. Islam's governing system is not limited to specific forms and policies in order to rely upon specific principles. The style of governance may turn out to be good or bad, effective or ineffective, depending upon whether the religion's values or the ruler's self-desires are implemented. Due to the political instability in Islamic countries, it creates confusion in the administration and the role of government. The objective of this paper is to highlight the significant role of the government and the governance through the concept of state in Islamic law by analysing the concept of the sharī'ah-oriented public policy (siyāsah sharī'ah). Content analysis research method is used in this conceptual paper by collecting data from library and secondary resources. This paper, therefore, intended to contribute to the academic research related to the government and the concept of state of siyāsah sharī'ah by identifying the appointment and qualities of officials, leadership, and the organs of the state, such as the consultation body (shūrā), public orders (ḥisbah), and undetermined punishment (ta'zīr) by developing the concept of state as the seventh value of the maqāṣid al-sharī'ah in order to achieve a successful government system.
Journal of Religion and Health, 2018
Amanah refers to the accountability of Muslims to their community. In Malaysian Muslim university... more Amanah refers to the accountability of Muslims to their community. In Malaysian Muslim university students (N = 209), an Amanah Scale predicted a stronger sense of identity along with more adaptive religious and psychosocial functioning. Multiple regression analyses identified Accountability to Society as especially influential, but Accountability to Allah exhibited at least some problematic implications. Amanah mediated Identity linkages with some measures of religious and psychological adjustment, but also suppressed Identity relationships with greater self-knowledge and lower anxiety. These data confirmed the importance of communal commitments in Muslim mental health, suggested that accountability may have limited liabilities as well as more obvious psychosocial advantages, and identified possible complexities in the assessment of Accountability to Allah.
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Books by PROF. DR. SAIM KAYADIBI
According to the famous classification, the practical (‘amalī) rulings of Islam are divided into the following sections: 1. ‘ibādāt (worships), 2. mu‘āmalāt (transactions), 3. munākaḥāt (marriages), 4. mufāraqāt (separations), 5. ‘uqūbāt (punishments). Among these aḥkām (rulings), ‘ibādāt (worships) take place between Allah and the slaves, while the rest of the rulings apply to the relationship between human beings.
The ‘aqd (contract) view of Islam and ‘uqūd (contracts) are sections that constitute the majority of the body of knowledge on transactions (mu‘āmalāt) within the percentage of importance and integrity. As a system in itself, Islam has a unique understanding of the concept of contracts. As you will see that throughout this book, the author tries to explain the Islamic concept of contract in an understandable and clear way.
Unlike other creatures, human beings are obliged to live together. Capabilities vary from person to person. The ability that is in one person may be absent in another. Each talent meets the diverse needs of people.
Contracts in Islamic law deal with almost all relations between people and cover all whether explicit or implicit transactions. The man is so accustomed to the contracts that he is not even aware of the numerous contracts that he undertakes. For example, we do not realize that we make a ijārah (lease) contract when we get on a minibus or buy postage stamps; we make a bay‘ (sale) contract when we pay for electricity and water bills; we make a ṣarf (currency exchange) contract when we exchange money; we make a wadī‘ah (deposit) contract when we get on the bus to put our luggage. It seems that entering contracts has become an automatic behaviour in people. So it is impossible to think of human life without ‘uqūd (contracts).
Papers by PROF. DR. SAIM KAYADIBI
have mostly originated from the Christian West and emphasized various
“verbal” aspects of making a supplication. An “active” aspect of prayer, in
which the supplicants strive for what they pray, has not received sufficient
attention despite being crucial to Muslim belief. Based on the Islamic scholar
Said Nursi’s conceptualization, the current study developed and validated
a 7-item, 2-factor measure of Muslim Verbal and Active Prayer (MVAP). The
measure showed good construct validity in two independent Muslim samples
(N = 297 and 179) in exploratory and confirmatory factor analyses. It
demonstrated not only convergent validity, but showed incremental validity
predicting religious and psychological adjustment over and above Muslim religiosity and spirituality. In addition, the Muslim prayers invigorated and integrated Muslim religious spirituality in its expression of religious and psychological adjustment. This brief measure has potential to deepen empirical studies of Muslim psychology, and prayer research in general.