The actualization of maqāṣid al-Sharīʿah in Islamic finance: A conceptual framework

Monawer, Abu Talib Mohammad and Rahman, Noor Naemah Abdul and Al-Nahari, Ameen Ahmed Abdullah Qasem and Abdullah, Luqman Haji and Ali, Abdul Karim and Meguellati, Achour (2022) The actualization of maqāṣid al-Sharīʿah in Islamic finance: A conceptual framework. International Journal of Islamic and Middle Eastern Finance and Management, 15 (5). pp. 847-864. ISSN 1753-8394, DOI https://doi.org/10.1108/IMEFM-06-2020-0293.

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Abstract

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.

Item Type:	Article
Funders:	UNSPECIFIED
Uncontrolled Keywords:	Maqasidactualization; Islamic finance; Product design; Product consumption; Conceptual framework; Financial product design
Subjects:	H Social Sciences > HG Finance > Banking
Divisions:	Academy of Islamic Studies > Dept of Fiqh & Usul
Depositing User:	Abu Talib Mohammad Monawer
Date Deposited:	14 Jun 2024 02:30
Last Modified:	08 Nov 2024 02:15
URI:	http://eprints.um.edu.my/id/eprint/38179

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