Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Demak Universal Journal of Islam and Sharia Solo International Collaboration and Publication of Social Sciences and Humanities
Mariam Elbanna
Department of Law, Tanta University
Religion Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
An Analysis of Jasser Auda’s Thought on Maqashid Sharia and Its Implications for Sharia Economic Law Anas Asy’ari Nashuha; Muthoifin; Mariam Elbanna
Solo International Collaboration and Publication of Social Sciences and Humanities Vol. 3 No. 03 (2025): Solo International Collaboration and Publication of Social Sciences and Humani
Publisher : Walidem Institute and Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61455/sicopus.v3i03.361

Abstract

Objective: This study aims to analyze the thoughts of Jasser Auda regarding Maqashid Sharia (the objectives of Islamic law) and their implications for the development of Sharia Economic Law in Indonesia. Theoretical framework: As the discourse of Ushul al-Fiqh (Islamic legal theory) continues to undergo contextual reform, the relevance of Maqashid Sharia as a fundamental framework for implementing Islamic law becomes increasingly significant. Jasser Auda offers a paradigm shift by introducing a systems-based approach that reconceptualizes the five classical dimensions of Maqashid into a dynamic and holistic framework. His approach moves away from rigid textualism and towards the realization of values and outcomes that reflect the spirit of Sharia in contemporary contexts. Literature review: The literature review highlights how Auda's model diverges from classical methodologies by focusing on interconnectedness, purposefulness, and context sensitivity. Methods: The research is grounded in a qualitative descriptive methodology. Data were collected from relevant literature, policy documents, and scholarly interpretations of Auda's work. The theoretical framework centers on systems theory, epistemological transformation, and the functional role of Maqashid in legal reform. Results: The findings demonstrate that Jasser Auda’s theory of Maqashid Sharia is highly applicable in revitalizing the role of Islamic law in the contemporary economic domain. In the case of Indonesia, where Sharia economic law is rapidly evolving, Auda’s framework provides an adaptive and value-driven model that supports legal dynamism without compromising foundational principles. Implications: His model also offers practical implications for policy-making, Islamic finance regulation, and economic justice. Novelty: The study contributes novelty by bridging classical Islamic legal philosophy with contemporary legal needs through the lens of systems thinking. This synthesis enhances the responsiveness of Sharia Economic Law to modern challenges and aligns legal goals with the ethical aspirations of Islam.
Cairo's Halal Restaurant Industry: Exploring Sharia-Based Financing and Fatwa Influence Mariam Elbanna; Muhammad Wael Chafoory; Sondos Jehad Shnewra
Demak Universal Journal of Islam and Sharia Vol. 3 No. 02 (2025): Demak Universal Journal of Islam and Sharia
Publisher : Walidem Institute and Publishing (WIP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61455/deujis.v3i02.405

Abstract

Objective: This study aims to analyze the level of Sharia compliance in the financing practices of mudharabah contracts based on the fatwas of the Council of Egyptian Scholars, using the case study of a Sharia Restaurant in Egypt. This research is motivated by the importance of implementing Sharia principles in financial transactions, particularly in the microeconomic sector, to align with the values of justice and transparency as taught in Islam. Theoretical framework: The theoretical framework of this study refers to the concept of Sharia compliance and the fundamental principles of fiqh muamalat, particularly in syirkah and mudharabah contracts, as well as contemporary perspectives on fatwas as a source of Islamic economic law. Literature review: The literature review includes previous studies on the implementation of mudharabah contracts in the microeconomic sector and emphasizes the importance of supervision by local scholars in economic practices. Methods: This study employs a qualitative approach using in-depth interviews, participatory observation, and documentation to thoroughly explore the financing practices implemented. Results: The findings reveal that the Sharia Restaurant in Egypt has implemented mudharabah contracts by the fatwas of the Egyptian Scholars Council, through profit-sharing mechanisms based on pre-agreed ratios (nisbah), transparent fund management, and active involvement of business partners in decision-making processes. These practices reflect the principles of justice, shared responsibility, and the avoidance of gharar (uncertainty) and riba (usury). Implications: The implications of this study highlight that adherence to local fatwas can serve as a strategic guide for strengthening Sharia-based microeconomics. For Islamic financial institutions and micro-entrepreneurs, this study offers insight and inspiration for implementing Sharia-compliant partnership-based contracts. Novelty: The novelty of this research lies in its focus on the local Egyptian context, which is rarely explored in the Sharia compliance literature, as well as its analytical approach to the implementation of local scholars’ fatwas in microeconomic practices.
Co-Authors Anas Asy’ari Nashuha Muhammad Wael Chafoory Muthoifin Sondos Jehad Shnewra