Javascript must be enabled to continue!
Analysis on the Thoughts of Imam Abu Hanifah and Imam Syafi’i on the Ijtihad Method for Sukuk Instrument
View through CrossRef
The paper aims to analyse the thoughts of Imam Abu Hanifah and Imam Syafi’i on sukuk instruments. This paper is divided into two parts. The first part presents the need yet destructive forces of globalization and free trade era in today’s civilization dominated by a capitalistic system which had inadvertently caused global financial crisis and accelerated the issue on poverty, knowledge deficiency and moral decadence. These destructive forces have led to the rise of the Islamic economy concept, amongst others on the need for sukuk instruments. The discussion focuses on sukuk instrument as sukuk has an important role in free trade to fulfill the increased extraordinary economic needs of Islamic countries as well as to realize the economic needs of the entire world. The second part of the paper then analyses the legal aspects of sukuk being a subject of ongoing debate among the experts of Islamic law that seemingly has a negative tendencies on the development of sukuk. The group that rejects sukuk are influenced by the qiyas (analogical) method of Imam Syafi‘i who assumed that sukuk has the conventional elements of risk (gharar) and gambling (maisir). The group that accepts sukuk is influenced by the thoughts of Imam Abu Hanifah who assumed that sukuk is a case of individual interpretation and judgment of Islamic law that should go through the ijtihad method. It is found that both schools of thoughts in essence accepted sukuk as an Islamic financial instrument. This is because Imam Abu Hanifah relied on the istihsan method whilst when Imam Syafi‘i digressed from the qiyas method and used the takhsis theory, the resource levels of legal sources theory and the language approach theory. These theories relied by Imam Syafi’i are all in essence the istihsan theory according to Imam Abu Hanifah.
Title: Analysis on the Thoughts of Imam Abu Hanifah and Imam Syafi’i on the Ijtihad Method for Sukuk Instrument
Description:
The paper aims to analyse the thoughts of Imam Abu Hanifah and Imam Syafi’i on sukuk instruments.
This paper is divided into two parts.
The first part presents the need yet destructive forces of globalization and free trade era in today’s civilization dominated by a capitalistic system which had inadvertently caused global financial crisis and accelerated the issue on poverty, knowledge deficiency and moral decadence.
These destructive forces have led to the rise of the Islamic economy concept, amongst others on the need for sukuk instruments.
The discussion focuses on sukuk instrument as sukuk has an important role in free trade to fulfill the increased extraordinary economic needs of Islamic countries as well as to realize the economic needs of the entire world.
The second part of the paper then analyses the legal aspects of sukuk being a subject of ongoing debate among the experts of Islamic law that seemingly has a negative tendencies on the development of sukuk.
The group that rejects sukuk are influenced by the qiyas (analogical) method of Imam Syafi‘i who assumed that sukuk has the conventional elements of risk (gharar) and gambling (maisir).
The group that accepts sukuk is influenced by the thoughts of Imam Abu Hanifah who assumed that sukuk is a case of individual interpretation and judgment of Islamic law that should go through the ijtihad method.
It is found that both schools of thoughts in essence accepted sukuk as an Islamic financial instrument.
This is because Imam Abu Hanifah relied on the istihsan method whilst when Imam Syafi‘i digressed from the qiyas method and used the takhsis theory, the resource levels of legal sources theory and the language approach theory.
These theories relied by Imam Syafi’i are all in essence the istihsan theory according to Imam Abu Hanifah.
.
Related Results
Peralihan Hak Milik Sukuk Tabungan Melalui Pewarisan
Peralihan Hak Milik Sukuk Tabungan Melalui Pewarisan
AbstractOne of the instrument in the shariah capital market is sukuk (sharia bond). Sukuk can be issued by companies or countries. At present there are 7 state sukuk instruments th...
Liabilities Sukuk vis-à-vis Equity Sukuk and the Profitability of UAE Islamic Banks
Liabilities Sukuk vis-à-vis Equity Sukuk and the Profitability of UAE Islamic Banks
<b>Purpose</b> Liabilities sukuk and equity sukuk are recorded on the liabilities and equity side of Islamic banks’ statements of financial position. Tier One ...
Retail Green Sukuk in Indonesia: Toward A Maqashid Approach
Retail Green Sukuk in Indonesia: Toward A Maqashid Approach
Recent global trends include an increase in demand for sustainable development goals (SDGs) and green sukuk programs. The initiative has gained prominence due to the severe effects...
The Impact of Sukuk Structures on Sukuk Ratings and Yields
The Impact of Sukuk Structures on Sukuk Ratings and Yields
Sukuk has been developed into a global asset class, supporting development with the participation of a wide range of issuers and investors irrespective of demographic continents. S...
Understanding and evaluation of risk in Sukuk structures
Understanding and evaluation of risk in Sukuk structures
Purpose
This paper aims to reviews Sukuk risk classification schemes based on extending and adapting the risk classification schemes of conventional finance. It is then argued that...
Sukuk Linked Wakaf For MSME Develpoment
Sukuk Linked Wakaf For MSME Develpoment
The existing Sharia investment products are incorrect; the other is a state sukuk product. Aside from receiving returns on state sukuk, investors can also contribute to the country...
Studi Komparatif Kedudukan Wali Dalam Pernikahan Menurut Imam Syafi-i dan Imam Hanafi
Studi Komparatif Kedudukan Wali Dalam Pernikahan Menurut Imam Syafi-i dan Imam Hanafi
Abstrack: The marriage guardian is a person who acts on behalf of bride while the marriage contract, imam syafi’i and imam hanafi have differences and similarities of opinion, the...
Analysis Produk Keuangan Syariah Sukuk
Analysis Produk Keuangan Syariah Sukuk
The development of the financial industry continues increase people are increasingly interested in using Islamic financial products. The products offered are increasingly varied to...

