KembaraXtra-Islamic Finance – Istishab (Presumption of Permissibility)

Introduction

In Islamic jurisprudence, one of the fundamental guiding principles is Istishab, commonly referred to as the “presumption of permissibility.” This doctrine establishes that the default ruling for all matters is permissibility unless there is explicit evidence proving otherwise. In other words, everything is deemed lawful and permissible until a clear prohibition is found in the Qur’an, Sunnah, or other recognized sources of Islamic law.


This maxim provides flexibility and ensures that Islamic law is not unnecessarily restrictive. It acknowledges that human life constantly evolves and that new situations, contracts, and practices will continue to emerge over time. Rather than viewing every new matter with suspicion, Istishab encourages Muslims to assume permissibility, except when it can be decisively shown that an act or transaction contradicts Shariah principles.


In the realm of Islamic commercial law, Istishab plays a particularly important role. By declaring from the outset that contracts, agreements, and terms are valid unless prohibited, it fosters innovation and development in finance, trade, and partnerships. For example, the acceptance of fair value accounting as a modern valuation tool alongside traditional book value and market value is grounded on the presumption of permissibility, as no prohibition exists against it.


This principle also parallels the concept of equity in common law traditions. While common law was historically rigid and highly technical, equity was introduced to promote fairness, justice, and conscience. A famous case, Walsh v. Lonsdale, highlighted how equity could prevail over rigid law in order to prevent injustice. Similarly, in Islamic law, principles like Istihsan (juridical preference) and Istishab ensure that justice is served, even in complex or unforeseen circumstances. For instance, in a Muzaraah (agricultural partnership) contract, if the cultivator dies before the harvest, strict rules would terminate the contract immediately. However, Istihsan and Istishab are applied to presume the continuation of the partnership until the crop is harvested, ensuring the family of the deceased cultivator receives their fair share.


Thus, Istishab not only preserves fairness and justice but also allows Islamic law to remain dynamic, relevant, and adaptable to the changing needs of society.


25 Case Scenarios on Istishab with Solutions

Case 1: New Technology in Trade

• Scenario: A fintech app introduces blockchain-based contracts. Scholars find no prohibition.
• Solution: By Istishab, contracts are permissible unless proven otherwise, so such contracts are valid.

Case 2: Artificially Grown Crops

• Scenario: A farmer grows vegetables using hydroponics, a method unknown in classical fiqh.
• Solution: Since no text forbids it, the practice is permissible.

Case 3: Use of Credit Cards

• Scenario: A Muslim questions the validity of using a credit card with no interest charged if fully paid monthly.
• Solution: Permissible under Istishab, as long as riba is avoided.

Case 4: Digital Signatures in Contracts

• Scenario: A contract is signed electronically instead of by hand.
• Solution: Allowed, as there is no prohibition against digital forms of consent.

Case 5: Halal Certification Logo

• Scenario: A restaurant displays a halal logo issued by an authority.
• Solution: Permissible, as certification is not prohibited and enhances trust.

Case 6: Online Zakat Payments

• Scenario: A Muslim pays zakat through an online app instead of physically handing cash.
• Solution: Valid under Istishab; the means of payment do not invalidate the obligation.

Case 7: Cryptocurrency as Investment

• Scenario: A trader invests in cryptocurrency.
• Solution: Permissible by Istishab unless clear evidence proves harm or contradiction to Shariah principles.

Case 8: Genetic Modification in Farming

• Scenario: Farmers use genetically modified seeds.
• Solution: Permissible unless proven harmful, based on Istishab.

Case 9: Takaful (Islamic Insurance) Models

• Scenario: A new takaful model introduces smart contracts.
• Solution: Permissible unless a Shariah violation is identified.

Case 10: Renting Out Airspace

• Scenario: A landlord leases rooftop airspace for billboard placement.
• Solution: Permissible under Istishab, as usufruct leasing is valid unless prohibited.

Case 11: Mobile Banking Contracts

• Scenario: Clients sign contracts entirely via mobile apps.
• Solution: Permissible, since the essence of agreement and consent is preserved.

Case 12: Fair Value Accounting

• Scenario: Accountants apply fair value instead of historical cost.
• Solution: Accepted under Istishab since no Shariah prohibition exists.

Case 13: Leasing Agricultural Drones

• Scenario: A farmer leases drones to spray fields.
• Solution: Permissible unless explicitly proven harmful or unlawful.

Case 14: Virtual Property Rights

• Scenario: A gamer sells virtual land in a digital game.
• Solution: Permissible by Istishab, as digital property can be recognized unless prohibited.

Case 15: Islamic Bonds with New Structures

• Scenario: Sukuk are structured with hybrid financing tools.
• Solution: Valid under Istishab, unless clear evidence of riba or gharar is shown.

Case 16: Renting Wedding Halls

• Scenario: A family rents a hall for an Islamic wedding.
• Solution: Permissible, as hiring services is lawful by default.

Case 17: Online Fatwa Platforms

• Scenario: People seek rulings from online scholars instead of in person.
• Solution: Permissible, as the means of communication does not affect validity.

Case 18: Artificial Intelligence in Banking

• Scenario: AI systems make financing decisions.
• Solution: Permissible by Istishab unless proven unjust or contrary to fairness.

Case 19: Leasing Solar Panels

• Scenario: A family leases solar panels from an energy company.
• Solution: Permissible, as leasing usufruct is valid.

Case 20: Islamic Crowdfunding Platforms

• Scenario: Businesses raise funds through online platforms.
• Solution: Permissible unless riba or exploitation is involved.

Case 21: Virtual Nikah Ceremonies

• Scenario: A marriage is solemnized via video conference.
• Solution: Permissible, as consent and witnesses are fulfilled, unless local law restricts it.

Case 22: Drone Delivery Services

• Scenario: Goods are delivered by drones.
• Solution: Permissible, as delivery methods are not restricted.

Case 23: Cashless Society Transactions

• Scenario: A country moves to fully cashless transactions.
• Solution: Permissible, as long as transactions remain Shariah-compliant.

Case 24: Water Bottling Business

• Scenario: A company bottles and sells spring water.
• Solution: Permissible unless exploitation or harm is proven.

Case 25: New Agricultural Contract​

• Scenario: Farmers form a co-op with profit-sharing methods not mentioned in classical texts.
• Solution: Permissible under Istishab unless shown to contradict Shariah.

KembaraXtra-Islamic Finance – ʿIllah (Legal Reason in Qiyās)
Introduction

In Islamic legal methodology, particularly in Qiyās (analogical reasoning), the central pivot is the ʿIllah—the underlying cause, ratio decidendi, or effective reason behind a ruling. Jurists identify the ʿIllah in order to extend existing rulings to new situations that share the same operative cause. Without a proper appreciation of ʿIllah, analogical reasoning risks becoming arbitrary and ungrounded.

Salient Features of ʿIllah

1. Definiteness and Perceptibility – The ʿIllah must be an evident, observable attribute. Hidden or inner considerations such as intention, consent, or goodwill cannot form the basis, since they are not objectively measurable. Example: In contracts, the ʿIllah is the offer and acceptance, not inner consent.

​More Examples of Definiteness & Perceptibility of the ʿIllah

1. Contractual Sales
   • Scenario: A buyer signs a written contract but inwardly never intended to honor it.
   • ʿIllah: The observable signing (offer and acceptance).
   • Ruling: Binding, because the contract itself is perceptible, not the hidden intention.
2. Marriage Contract (Nikah)
   • Scenario: A man pronounces nikah publicly but claims later that he “never meant it.”
   • ʿIllah: The verbal declaration before witnesses.
   • Ruling: Valid marriage; hidden intention is irrelevant.


3. Testimony in Court
   • Scenario: A witness testifies truthfully but harbors personal dislike for the accused.
   • ʿIllah: The spoken testimony under oath.
   • Ruling: Acceptable, since observable evidence matters, not personal feelings.
4. Sale with Hidden Regret
   • Scenario: A seller agrees to sell his property but later regrets it.
   • ʿIllah: Offer and acceptance in documented form.
   • Ruling: Sale binding, as regret (inner feeling) is imperceptible.
5. Zakat Obligation
   • Scenario: A wealthy person owns gold above the nisāb but inwardly wishes not to pay zakat.
   • ʿIllah: Objective possession of nisāb for one lunar year.
   • Ruling: Zakat is due; inner reluctance is irrelevant.
6. Divorce Pronouncement (Ṭalāq)
   • Scenario: A husband verbally pronounces divorce but claims “I didn’t mean it seriously.”
   • ʿIllah: Audible, clear pronouncement.
   • Ruling: Valid divorce, since the observable act counts.
7. Hadd for Theft
   • Scenario: A thief steals goods but argues he “intended to return them.”
   • ʿIllah: Physical act of theft.
   • Ruling: Punishment applies; hidden intent is not the legal basis.
8. Commercial Loan
   • Scenario: A lender documents a loan contract with riba but insists his intention was to “help the borrower.”
   • ʿIllah: Explicit stipulation of interest in the contract.
   • Ruling: Invalid, since the observable riba condition is impermissible regardless of goodwill.
9. Prayer Validity
   • Scenario: A person prays correctly in form but claims his “heart was not present.”
   • ʿIllah: External performance of prayer actions.
   • Ruling: Prayer is valid in law (fiqh), though inner sincerity relates to acceptance by Allah, not legal validity.
10. Inheritance Distribution

• Scenario: A father verbally allocates Qur’an-prescribed shares to heirs but claims internally he “didn’t want to give to daughters.”
• ʿIllah: Clear pronouncement and existence of heirs.
• Ruling: Shares must be given; hidden resentment does not cancel observable entitlement

1. Constancy and Regularity – The ʿIllah must apply across all persons, places, and times without subjective variation.
2. Co-Extensiveness – Whenever the ʿIllah exists, the ruling of law must also exist. The cause and the ruling are inseparably linked.
3. Co-Exclusiveness – If the ʿIllah does not exist, the rule of law does not apply.

Through this disciplined framework, Muslim jurists avoid speculative or invalid reasoning. By identifying a consistent, perceptible, and relevant attribute, they extend divine guidance into new domains of human life and finance.




Key Point Recap

• The methodology of law-making rooted in Qur’an and Sunnah is Ijtihād (legal reasoning).
• Within ijtihād, Qiyās relies heavily on ʿIllah to ensure logical, fair, and principled extensions.
• Ra’y (considered opinion) is used, but only when anchored in clear principles and observable causes.

50 Case Scenarios of ʿIllah in Action

A. Financial Transactions (15 examples)

1. Case: Charging extra on delayed debt repayment.
   • ʿIllah: Presence of increase tied to time.
   • Solution: Prohibited, as it constitutes riba.
2. Case: Selling gold for gold of unequal weight.
   • ʿIllah: Exchange of ribawi items of same genus with inequality.
   • Solution: Invalid; must be equal and hand-to-hand.
3. Case: Selling wheat for barley with excess on one side.
   • ʿIllah: Both are staple ribawi foods; inequality prohibited.
   • Solution: Must be equal if same type; otherwise cash intermediary is used.
4. Case: Leasing farmland for unknown portion of crop.
   • ʿIllah: Excessive gharar (uncertainty).
   • Solution: Prohibited; lease must be for fixed rent.
5. Case: Modern credit cards charging interest.
   • ʿIllah: Predetermined financial gain without risk.
   • Solution: Invalid due to riba.
6. Case: Using salam contract for grain purchase in advance.
   • ʿIllah: Need for certainty in future delivery.
   • Solution: Allowed if quantity, quality, and time are fixed.
7. Case: Islamic bonds (sukuk) tied to real assets.
   • ʿIllah: Asset-backing ensures risk-sharing.
   • Solution: Valid alternative to debt-based bonds.
8. Case: Two contracts combined—loan tied to sale.
   • ʿIllah: Conditional benefit linked to loan.
   • Solution: Invalid due to disguised riba.
9. Case: Speculative futures trading in food staples.
   • ʿIllah: Uncertainty + delay in delivery of essentials.
   • Solution: Invalid; violates rules of ribawi commodities.
10. Case: Selling crops before ripening.
    • ʿIllah: Uncertainty of benefit.
    • Solution: Prohibited; must reach ripeness.
11. Case: Insurance based purely on premium and payout.
    • ʿIllah: Excess gharar and riba.
    • Solution: Not valid; replaced with takaful.
12. Case: Leasing equipment with full ownership risk on lessor.
    • ʿIllah: Ownership responsibility justifies rental income.
    • Solution: Valid ijarah.
13. Case: Profit-sharing mudarabah without loss liability on investor.
    • ʿIllah: Absence of risk-bearing.
    • Solution: Invalid; investor must bear loss of capital.
14. Case: Selling water in a desert where it is scarce.
    • ʿIllah: Exploiting necessity with excess pricing.
    • Solution: Prohibited price manipulation.
15. Case: Payment of zakat in cash instead of grain.
    • ʿIllah: Monetary equivalence satisfies the purpose.
    • Solution: Permissible if value matches.

B. Family Law (10 examples)

1. Case: Divorce pronounced while intoxicated.
   • ʿIllah: Lack of rational consent.
   • Solution: Divorce not valid.
2. Case: Marriage without witnesses.
   • ʿIllah: Absence of public declaration.
   • Solution: Invalid marriage.
3. Case: Adoption that changes lineage names.
   • ʿIllah: False attribution of lineage.
   • Solution: Prohibited; guardianship without name change allowed.
4. Case: Child inheritance from foster parents.
   • ʿIllah: No bloodline connection.
   • Solution: Not allowed; may give gift instead.
5. Case: Polygamy without ability to maintain justice.
   • ʿIllah: Risk of injustice among wives.
   • Solution: Discouraged unless justice ensured.
6. Case: Dowry not specified in contract.
   • ʿIllah: Custom fills the gap.
   • Solution: Valid with customary mahr.
7. Case: Marriage during a woman’s iddah.
   • ʿIllah: Overlap of legal periods.
   • Solution: Invalid.
8. Case: Divorce by compulsion.
   • ʿIllah: Lack of free will.
   • Solution: Invalid.
9. Case: Woman denying paternity without evidence.
   • ʿIllah: Absence of proof.
   • Solution: Claim rejected.
10. Case: Inheritance denial of daughters.
    • ʿIllah: Contradicts Qur’an.
    • Solution: Invalid; daughters’ shares guaranteed.

C. Worship (ʿIbādāt) (10 examples)

1. Case: Praying without ablution.
   • ʿIllah: Ritual impurity.
   • Solution: Prayer invalid.
2. Case: Fasting while traveling.
   • ʿIllah: Hardship.
   • Solution: Permissible to break fast.
3. Case: Zakat due only when nisāb reached.
   • ʿIllah: Minimum wealth threshold.
   • Solution: Binding once threshold met.
4. Case: Eid sacrifice before prayer.
   • ʿIllah: Wrong sequence.
   • Solution: Invalid; must be after Eid prayer.
5. Case: Combining prayers during rain.
   • ʿIllah: Hardship.
   • Solution: Allowed.
6. Case: Performing Hajj without financial ability.
   • ʿIllah: Lack of means.
   • Solution: Not obligatory until capable.
7. Case: Paying zakat from stolen wealth.
   • ʿIllah: Invalid source.
   • Solution: Not accepted.
8. Case: Breaking wudu invalidates salah.
   • ʿIllah: Purity lost.
   • Solution: Must renew ablution.
9. Case: Delay in fasting expiation without excuse.
   • ʿIllah: Negligence.
   • Solution: Sinful; must complete later.
10. Case: Selling sacrificial animal after intention.
    • ʿIllah: Devotion invalidated.
    • Solution: Prohibited

D. Judiciary & Ethics (15 examples)

1. Case: Testimony of known liar.
   • ʿIllah: Lack of credibility.
   • Solution: Rejected.
2. Case: Judge ruling while angry.
   • ʿIllah: Impairment of judgment.
   • Solution: Prohibited.
3. Case: Bribery in judgment.
   • ʿIllah: Corruption of justice.
   • Solution: Forbidden.
4. Case: Property disputes without witnesses.
   • ʿIllah: Lack of evidence.
   • Solution: Burden of proof on claimant.
5. Case: Punishing crime without due process.
   • ʿIllah: Absence of proof.
   • Solution: Invalid ruling.
6. Case: Confession under torture.
   • ʿIllah: Coercion.
   • Solution: Rejected.
7. Case: Selling stolen goods knowingly.
   • ʿIllah: Lack of ownership.
   • Solution: Invalid.
8. Case: Interest-based contracts enforced in Muslim court.
   • ʿIllah: Contradicts divine injunction.
   • Solution: Rejected.
9. Case: Witness with conflict of interest.
   • ʿIllah: Partiality.
   • Solution: Invalid testimony.
10. Case: Hoarding essential goods.
    • ʿIllah: Harm to public.
    • Solution: Prohibited.
11. Case: Employer withholding wages.
    • ʿIllah: Oppression.
    • Solution: Prohibited.
12. Case: Judge ignoring Qur’an ruling.
    • ʿIllah: Contradiction of revelation.
    • Solution: Invalid ruling.
13. Case: Writing false contracts.
    • ʿIllah: Fraud.
    • Solution: Prohibited.
14. Case: Denying zakat collection system.
    • ʿIllah: Neglect of obligation.
    • Solution: Invalid
15. Case: Spreading false rumors in business.
    • ʿIllah: Deception.
    • Solution: Forbidden

KembaraXtra-Islamic Finance – 50 Examples of Sadd al-Dharā’iʿ (Blocking the Means)

Introduction

Sadd al-Dharā’iʿ literally means blocking the means. It is a principle in Islamic jurisprudence that prohibits something permissible if it leads to harm, injustice, or a forbidden act.

• The Qur’an and Sunnah provide rulings, but Sadd al-Dharā’iʿ acts as a preventive principle.
• The idea is: “Whatever leads to haram is itself haram.”
• It is widely applied in Islamic finance, social law, family law, and public policy to safeguard the objectives of Shari’ah (Maqāṣid al-Sharīʿah).

Types:

1. Clear means to harm → always blocked (e.g., selling weapons during war).
2. Likely means to harm → often blocked (e.g., contracts leading to riba).
3. Remote/unlikely harm → usually allowed unless abused.

50 Examples of Sadd al-Dharā’iʿ
A. Finance & Commerce (15 examples)

1. Case: Selling grapes to a wine-maker.
   • Reasoning: Grapes halal, but purpose haram.
   • Ruling: Prohibited.
2. Case: Bank offers “service fee” loans that mimic interest.
   • Reasoning: Gateway to riba.
   • Ruling: Blocked.
3. Case: Leasing property for a casino.
   • Reasoning: Leads to haram gambling.
   • Ruling: Not permitted.
4. Case: Trading in pork-derived products.
   • Reasoning: Leads directly to haram.
   • Ruling: Blocked.
5. Case: False contracts used for tax evasion.
   • Reasoning: Legal tool abused.
   • Ruling: Prohibited.
6. Case: Tying “insurance” to interest-based loans.
   • Reasoning: Indirect riba.
   • Ruling: Blocked.
7. Case: Excessive speculation in stock markets.
   • Reasoning: Leads to gharar (uncertainty).
   • Ruling: Prohibited.
8. Case: Gold trading with deferred exchange.
   • Reasoning: Opens door to riba al-fadl.
   • Ruling: Blocked.
9. Case: Structuring “Islamic” contracts that replicate conventional mortgages without risk-sharing.
   • Reasoning: Backdoor to interest.
   • Ruling: Not valid.
10. Case: False invoicing in murābaḥah trade.
    • Reasoning: Leads to deception.
    • Ruling: Prohibited.
11. Case: Online pyramid schemes labeled “investment.”
    • Reasoning: Exploits people.
    • Ruling: Blocked.
12. Case: Renting shop space to sell alcohol.
    • Reasoning: Supports haram business.
    • Ruling: Not allowed.
13. Case: Allowing advertising that misleads consumers.
    • Reasoning: Causes fraud.
    • Ruling: Blocked.
14. Case: Futures contracts in food staples causing artificial scarcity.
    • Reasoning: Exploitation.
    • Ruling: Prohibited.
15. Case: Lending jewelry knowing it will be pawned for riba.
    • Reasoning: Facilitates haram.
    • Ruling: Blocked

B. Family & Society (10 examples)

1. Case: Free mixing of unrelated men and women in seclusioN

• Reasoning: May lead to zina.
• Ruling: Blocked.

1. Case: Publishing indecent media

• Reasoning: Leads to moral corruption.
• Ruling: Prohibited.

1. Case: Organizing dance parties with intoxicants.

• Reasoning: Environment leads to sin.
• Ruling: Not allowed

1. Case: Encouraging loans for extravagant weddings

• Reasoning: Opens way to debt & riba.
• Ruling: Blocked.

1. Case: Allowing interest-based dowry investments.

• Reasoning: Contaminates halal nikah.
• Ruling: Prohibited.

1. Case: Giving custody of children to openly immoral guardians

• Reasoning: Leads to harm to children.
• Ruling: Not permitted.

1. Case: Sponsoring alcohol in public events.

• Reasoning: Promotes sin.
• Ruling: Blocked.

1. Case: Inheritance manipulation through fake adoption

• Reasoning: Destroys Shari’ah shares.
• Ruling: Prohibited.

1. Case: Excessive dowry demands.

• Reasoning: Leads to hardship & zina.
• Ruling: Blocked.

1. Case: Organizing “lotteries” for charity fundraising.

• Reasoning: Resembles gambling.
• Ruling: Not valid.

C. Worship & Morals (10 examples

1. Case: Selling loudspeakers for mosques but installing them in clubs.

• Reasoning: Permissible tool abused.
• Ruling: Blocked for haram use.

1. Case: Innovations in prayer that confuse worshippers.

• Reasoning: Leads to bid‘ah.
• Ruling: Prohibited.

1. Case: Misusing zakat funds for political campaigns

• Reasoning: Distorts purpose.
• Ruling: Not permitted.

1. Case: Building mosques on stolen land.

• Reasoning: Worship based on sin.
• Ruling: Prohibited.

1. Case: Accepting bribes for Hajj visa

• Reasoning: Corruption.
• Ruling: Blocked.

1. Case: Fasting competitions for money

• Reasoning: Worship commercialized.
• Ruling: Not valid.

1. Case: Printing Qur’an without proper care → errors.

• Reasoning: Misguidance risk.
• Ruling: Prohibited.

1. Case: Using Qur’anic verses as amulets for superstition.

• Reasoning: May lead to shirk.
• Ruling: Blocked.

1. Case: Excessive decoration in mosques distracting worshippers.

• Reasoning: Hinders khushūʿ.
• Ruling: Discouraged.

1. Case: Creating apps misusing Hadith for jokes.

• Reasoning: Disrespect.
• Ruling: Blocked.

D. Judiciary & Legal (5 examples)

1. Case: Lawyers drafting fake contracts to exploit loopholes.

• Reasoning: Leads to injustice.
• Ruling: Prohibited.

1. Case: Using forged witnesses in court

• Reasoning: Opens way to false rulings.
• Ruling: Blocked.

1. Case: Judges accepting gifts from disputants.

• Reasoning: May cause bias.
• Ruling: Prohibited.

1. Case: Allowing time-barred cases without fairness.

• Reasoning: Opens abuse.
• Ruling: Not valid.

1. Case: Manipulating wills to deprive heirs.

• Reasoning: Injustice.
• Ruling: Prohibited.

E. Modern Applications (10 examples)

1. Case: Selling hacking software

• Reasoning: Tool for crime.
• Ruling: Blocked.

1. Case: Promoting addictive online games with gambling features.

• Reasoning: Leads to financial/social harm.
• Ruling: Prohibited.

1. Case: Allowing interest-based microloans via apps.

• Reasoning: Digital riba.
• Ruling: Blocked.

1. Case: Using AI to create fake fatwas.

• Reasoning: Misguidance.
• Ruling: Prohibited.

1. Case: Online dating apps without Shari’ah safeguards.

• Reasoning: Opens way to zina.
• Ruling: Blocked.

1. Case: Cryptocurrencies used for Fraud

• Reasoning: Tool for money laundering.
• Ruling: Blocked.

1. Case: Selling tobacco near schools.

• Reasoning: Leads to youth harm.
• Ruling: Not allowed.

1. Case: Reality shows encouraging indecency.

• Reasoning: Corrupts morals.
• Ruling: Blocked.

1. Case: Social media spreading false news

• Reasoning: Causes harm to society.
• Ruling: Prohibited.

1. Case: Investment funds channeling into arms for oppression

• Reasoning: Leads to global injustice.
• Ruling: Blocked.

KembaraXtra-Islamic Finance – 50 Examples of Istishab (Presumption of Continuity)

Introduction

Istishab is a principle of Islamic jurisprudence that means presumption of continuity. It is applied when there is uncertainty: the law assumes that the previously established state of affairs continues until proven otherwise.

• It avoids unnecessary doubt.
• It prevents arbitrary rulings.
• It safeguards rights and obligations until clear evidence changes them.

Types of Istishab:

1. Istishab al-ʿAdam al-Asli – presumption of original non-existence (e.g., a debt does not exist unless proven).
2. Istishab al-Ibahah – presumption of permissibility (things are halal unless proven haram).
3. Istishab al-Hukm – presumption that a ruling continues until there is new evidence.
4. Istishab al-Wasf – presumption of attributes continuing (e.g., purity of water unless shown otherwise).

In Islamic finance, Istishab prevents unfair burdens and ensures continuity of contracts, debts, and property rights until proven otherwise.


50 Examples of Istishab


A. Finance & Commerce (15 examples)

1. Case: A trader claims his partner owes him money.
   • Reasoning: Presumption: no debt exists until evidence.
   • Ruling: The burden of proof lies on claimant.


2. Case: A bank customer denies signing a loan.
   • Reasoning: Presumption: no liability unless proven.
   • Ruling: No repayment enforced without evidence.


3. Case: A deposit is presumed safe in the bank.
   • Reasoning: Property remains with depositor.
   • Ruling: Bank liable if loss proven otherwise.


4. Case: An employee’s contract continues yearly.
   • Reasoning: Status quo until notice.
   • Ruling: Employment presumed ongoing.


5. Case: Doubt about ownership of farmland.
   • Reasoning: Presume last known owner.
   • Ruling: Property remains with holder until evidence shows transfer.


6. Case: Goods delivered but payment disputed.
   • Reasoning: Presumption: buyer still owes.
   • Ruling: Debt continues until paid.


7. Case: Company pays zakat annually.
   • Reasoning: Obligation continues until discharged.
   • Ruling: Presume unpaid unless proven.


8. Case: A cheque claimed as already paid.
   • Reasoning: Presume liability continues.
   • Ruling: Proof of clearance needed.


9. Case: A joint venture ongoing unless dissolved.
   • Reasoning: Continuity principle.
   • Ruling: Business presumed active.


10. Case: Debt installment plan.
    • Reasoning: Presume liability until last payment.
    • Ruling: Debtor remains responsible.


11. Case: A financial dispute involves doubt over interest.
    • Reasoning: Transactions are halal until shown haram.
    • Ruling: Presume validity unless riba proven.


12. Case: A gift contract in dispute.
    • Reasoning: Ownership presumed unchanged.
    • Ruling: Recipient must prove transfer.


13. Case: Zakat calculation disputed.
    • Reasoning: Presume nisab continuity.
    • Ruling: Obligation continues until proven otherwise.


14. Case: Bank system error claims double payment.
    • Reasoning: Presume one payment only.
    • Ruling: Customer not liable unless proven.


15. Case: Cryptocurrency in Islamic finance.
    • Reasoning: Presume permissible unless haram elements proven.
    • Ruling: Allowed with regulation.

B. Family & Social Relations (10 examples)

1. Case: Marriage status in doubt.

• Reasoning: Presume marriage continues.
• Ruling: Husband-wife still married until divorce proven.

1. Case: Child’s paternity in doubt.

• Reasoning: Presume fatherhood of husband.
• Ruling: Paternity continues unless disproved.

1. Case: Widow doubts iddah period.

• Reasoning: Presume obligation continues.
• Ruling: Iddah remains until completed.

1. Case: Maintenance of children.

• Reasoning: Obligation continuous until majority.
• Ruling: Father liable until proven otherwise.

1. Case: Custody disputes.

• Reasoning: Presume current custodian remains.
• Ruling: No change without court proof.

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1. Case: Adoption claims inheritance rights.

• Reasoning: Presume inheritance to bloodline only.
• Ruling: Adoption doesn’t alter nasab.

1. Case: Nikah contract doubt.

• Reasoning: Presume marriage valid.
• Ruling: Continues until annulled.

1. Case: Property gift to wife

• Reasoning: Presume husband remains owner unless transfer proven.
• Ruling: Gift requires evidence.

1. Case: Doubt about dowry payment.

• Reasoning: Presume unpaid.
• Ruling: Husband liable until proof.

1. Case: A dispute over inheritance shares.

• Reasoning: Presume Shari’ah division continues.
• Ruling: Default shares apply unless evidence of will.

C. Worship & Religious Duties (10 examples)

1. Case: Doubt if wudu is broken.

• Reasoning: Presume purity continues.
• Ruling: Wudu valid until certain.

1. Case: Missed raka’ah in prayer.

Reasoning: Presume completed as remembered.

• Ruling: No repeat unless certain.

1. Case: Doubt if zakat already given

• Reasoning: Presume unpaid.
• Ruling: Must pay.

1. Case: Fasting doubt at dawn.

• Reasoning: Presume night continues until sunrise certain.
• Ruling: Fast valid.

1. Case: Doubt whether Hajj was obligatory.

• Reasoning: Presume non-obligation unless nisab reached.
• Ruling: Not required.

1. Case: Purity of food item

• Reasoning: Presume halal unless haram proven.
• Ruling: Permissible.

1. Case: Mosque property ownership

• Reasoning: Presume endowed forever.
• Ruling: Cannot be sold.

1. Case: Doubt about missed fast
2. Reasoning: Presume original count continues.

• Ruling: Make up minimum certain.

1. Case: Doubt if qiblah direction slightly of

• Reasoning: Presume intention valid.
• Ruling: Prayer valid.

1. Case: Doubt over paying kaffarah.

• Reasoning: Presume unpaid.
• Ruling: Must fulfill.

D. Criminal & Legal (5 examples)

1. Case: Man accused of theft.

• Reasoning: Presume innocence.
• Ruling: Innocent until evidence.

1. Case: Doubt over witness reliability.

• Reasoning: Presume trustworthiness.
• Ruling: Valid unless disqualified.

1. Case: Accused denies crime.

• Reasoning: Presume innocence.
• Ruling: Burden on accuser.

1. Case: Disputed land boundary

• Reasoning: Presume last known demarcation.
• Ruling: Stands until changed.

1. Case: Doubt in contract enforcement.

• Reasoning: Presume contract continues.
• Ruling: Valid until evidence of breach.

E. Modern Applications (10 examples)

1. Case: Emails as evidence.

• Reasoning: Presume valid communication.
• Ruling: Accepted unless forged.

1. Case: Digital banking balance.

• Reasoning: Presume statement accurate.
• Ruling: Valid unless error proven.

1. Case: Online order shipment.

• Reasoning: Presume goods dispatched.
• Ruling: Binding unless proof otherwise.

1. Case: Electronic signature validity.

• Reasoning: Presume intention continues.
• Ruling: Accepted.

1. Case: Cloud storage contracts

• Reasoning: Presume intact unless breach.
• Ruling: Valid.

1. Case: Digital medical prescriptions.

• Reasoning: Presume valid until recalled.
• Ruling: Recognized.

1. Case: Halal food certification doubt.

• Reasoning: Presume halal until revoked.
• Ruling: Valid.

1. Case: Mobile payment records.​

• Reasoning: Presume authentic until proven fake.
• Ruling: Accepted

1. Case: E-voting in Islamic organizations

• Reasoning: Presume validity.
• Ruling: Binding unless error proven.

1. Case: AI-based credit scoring

• Reasoning: Presume fairness unless biased evidence arises.
• Ruling: Permissible under Shari’ah.

KembaraXtra Islamic Finance – 50 Examples of ʿUrf (Customary Practice)


Introduction

In Islamic jurisprudence, ʿUrf means customary practice — the norms, traditions, and habits of a society that people commonly follow in daily dealings.


Key Principles:​

• If a custom does not contradict Qur’an and Sunnah, it may be accepted as a valid legal basis.
• If a custom contradicts Islamic rulings (e.g., charging interest), it is rejected.
• Scholars divide ʿUrf into:
  • ʿUrf Ṣaḥīḥ (valid custom): Supported by Shariʿah.
  • ʿUrf Fāsid (invalid custom): Conflicts with Shariʿah.
  • ʿUrf ʿĀmm (general custom): Practiced widely in society.
  • ʿUrf Khāṣṣ (specific custom): Practiced by certain groups or industries.

In Islamic finance, ʿUrf often determines the interpretation of contracts, business practices, and social obligations — as long as it promotes fairness and public welfare.

50 Examples of ʿUrf (Case → Reasoning → Ruling)

A. Finance & Commerce (15 examples)

1. Monthly salary payments → Customary in employment. → Valid.
2. Grace period for loan repayment (e.g., 3 days) → Accepted market practice. → Valid.
3. Round pricing (RM9.99 instead of RM10) → Harmless trade custom. → Valid.
4. Payment in installments for appliances. → Widespread practice. → Valid if no riba.
5. Advance booking deposits for hotels. → Common norm. → Valid with conditions.
6. Bank service charges for transfers. → Publicly known. → Permissible.
7. Late delivery compensation in trade. → Business custom. → Valid.
8. Currency exchange commissions → Market custom. → Valid.
9. Retail discounts during festivals → Socially accepted. → Valid.
10. Bonus payments to workers before Eid. → Cultural norm. → Valid.
11. Small gifts with purchases (free samples). → Harmless practice. → Valid.
12. Verbal agreements in small trades → Long-standing custom. → Valid unless disputed.
13. Auction bidding styles (raising hands, nodding). → Trade ʿurf. → Valid.
14. Standard contract clauses (like late fees in utilities). → General business norm. → Valid if no riba.
15. Use of cheques / e-payments instead of cash. → Social necessity. → Valid.

B. Family & Social Customs (10 examples)

1. Giving mahr in kind (jewelry, property) instead of cash. → Accepted ʿurf. → Valid.
2. Wedding dowry announced publicly. → Transparency custom. → Valid.
3. Community gift exchanges at weddings. → Harmless. → Valid.
4. Naming ceremonies for newborns. → Socially recognized. → Valid.
5. Visiting graves on Eid. → Cultural habit. → Valid if no shirk.
6. Use of family names (bin/binti). → Widespread. → Valid.
7. Providing food to guests at funerals. → Compassion custom. → Valid if not burdensome.
8. Seasonal greetings (Eid Mubarak). → Socially harmless. → Valid.
9. Community charity during Ramadan. → Strong ʿurf. → Valid.
10. Respectful dress codes in public. → Local custom. → Valid.

C. Trade & Market Dealings (10 examples)

1. Standard product weights/measures set by market. → Trade norm. → Valid.
2. Return policy in shops (7-day guarantee). → Custom. → Valid.
3. Credit sales in agriculture. → Local practice. → Valid if fair.
4. Seasonal price hikes (demand-based). → Market-driven. → Valid.
5. Tipping service workers. → Harmless. → Valid.
6. Installment cards for groceries. → Community practice. → Valid.
7. Rent collected monthly. → Widespread norm. → Valid.
8. Charging packaging fees. → Trade ʿurf. → Valid.
9. Delayed payment in construction contracts. → Industry norm. → Valid if fair.
10. Small bargaining before purchase. → Cultural trade custom. → Valid.

D. Judiciary & Legal Processes (5 examples)

1. Use of local languages in court proceedings. → Public custom. → Valid.
2. Swearing oaths on Qur’an. → Legal custom. → Valid.
3. Community arbitration by elders. → Social dispute resolution. → Valid.
4. Written contracts preferred over oral. → Legal ʿurf. → Valid.
5. Acceptance of signatures instead of seals. → Modern practice. → Valid.

E. Modern Practices & Technology (10 examples)

1. Digital receipts instead of paper. → Accepted norm. → Valid.
2. Online shopping with cash-on-delivery. → Widespread custom. → Valid.
3. QR code payments. → Local business practice. → Valid.
4. Email as official communication. → Industry standard. → Valid.
5. Electronic medical prescriptions. → Healthcare custom. → Valid.
6. Electronic signatures on contracts. → Legal practice. → Valid.
7. Smartphone banking apps. → Social necessity. → Valid.
8. Ride-hailing apps (Grab, Uber). → Modern urban ʿurf. → Valid.
9. Using WhatsApp for business orders. → Common ʿurf. → Valid.
10. Cloud storage for official records. → Administrative custom. → Valid.

KembaraXtra–Islamic Finance –Examples of Istihsān (Juristic Preference)

Introduction

Istihsān literally means “to deem something preferable.” In Islamic jurisprudence, it is a principle that allows jurists to depart from a strict analogy (Qiyās) when such application would lead to hardship, injustice, or impractical outcomes. Instead, jurists adopt a ruling that better reflects the spirit of fairness, ease, and public interest in Islam.


While Qiyās ensures consistency, Istihsān introduces flexibility—choosing equity over rigidity. It prevents law from becoming burdensome and ensures that Islamic rulings serve justice, mercy, and practicality.


50 Examples of Istihsān

A. Finance & Trade (15 examples)

1. Case: Strict Qiyās bans contracts with deferred delivery → Istihsān allows Salam contracts (advance payment for future goods) to help farmers secure capital.
2. Case: Qiyās forbids combining two contracts → Istihsān allows Ijārah Muntahiyah bi Tamlik (lease-to-own) for modern housing.
3. Case: Qiyās would void a sale with minor uncertainty → Istihsān validates modern insurance-like Takaful, since public benefit outweighs doubt.
4. Case: Qiyās disallows dividing profits unequally → Istihsān permits Mudarabah, since labor vs. capital balance justifies unequal returns.
5. Case: Qiyās forbids installment sales due to delay → Istihsān allows them as they facilitate public access to goods.
6. Case: Qiyās requires exact equality in currency swaps → Istihsān permits slight bank service fee for exchange services.
7. Case: Qiyās forbids wage before service → Istihsān allows advance wages if it secures worker welfare.
8. Case: Qiyās forbids contracts based on estimation → Istihsān allows electricity billing by meter estimation.
9. Case: Qiyās forbids non-existent goods → Istihsān permits pre-ordering manufactured goods.
10. Case: Qiyās forbids selling debts → Istihsān allows assignment of debt (Hawalah) to ease repayment.
11. Case: Qiyās forbids dual pricing (cash vs credit) → Istihsān allows it since both parties consent and it serves financing needs.
12. Case: Qiyās forbids leasing to a non-owner → Istihsān allows sub-leasing with landlord’s consent.
13. Case: Qiyās would invalidate contracts with small errors → Istihsān tolerates clerical mistakes if intent is clear.
14. Case: Qiyās forbids agency in sales → Istihsān allows wakalah (agency contracts) for efficiency.
15. Case: Qiyās forbids new digital currencies → Istihsān allows them under regulated halal use, for public convenience.

B. Worship & Rituals (10 examples)

1. Case: Qiyās requires water for ablution → Istihsān allows Tayammum when water is harmful or unavailable.
2. Case: Qiyās would obligate standing in prayer always → Istihsān allows sitting for the sick.
3. Case: Qiyās requires fasting strictly → Istihsān allows travelers to break fast.
4. Case: Qiyās forbids combining prayers → Istihsān allows it in travel or hardship.
5. Case: Qiyās requires exact Qiblah direction → Istihsān allows best effort when uncertain.
6. Case: Qiyās obliges full ablution for minor impurity → Istihsān permits wudu only.
7. Case: Qiyās forbids shortening prayer → Istihsān allows Qasr for travelers.
8. Case: Qiyās would require reciting long Qur’an verses → Istihsān allows short surahs for those in hardship.
9. Case: Qiyās obliges fasting while ill → Istihsān allows fidyah (feeding poor) instead.
10. Case: Qiyās would forbid using prayer mats on camel → Istihsān allows prayer on mounts during journeys.

C. Family & Social Law (10 examples)

1. Case: Qiyās forbids adoption due to lineage issues → Istihsān allows kafalah (guardianship) for orphans’ welfare.
2. Case: Qiyās requires divorce via exact formula → Istihsān validates implied divorce when intention is proven.
3. Case: Qiyās disallows testimony from non-Muslims → Istihsān allows in commercial matters in non-Muslim lands.
4. Case: Qiyās forbids dowry in non-material form → Istihsān allows Qur’an recitation as dowry.
5. Case: Qiyās forbids marriage without guardian → Istihsān permits in certain schools if woman is mature and protects herself.
6. Case: Qiyās forbids breastfeeding contracts → Istihsān allows wet-nurse wages.
7. Case: Qiyās forbids annulment for harm → Istihsān allows Khul‘ (divorce at wife’s request) to prevent suffering.
8. Case: Qiyās would give inheritance only by blood → Istihsān includes maternal grandparents in some rulings.
9. Case: Qiyās forbids joint custody → Istihsān allows shared custody if best for child.
10. Case: Qiyās disallows remarriage after three divorces → Istihsān allows if intervening marriage was genuine.

D. Criminal & Judicial Matters (10 examples)

1. Case: Qiyās requires equal retaliation in Qisas → Istihsān allows monetary compensation (Diyah) if both agree.
2. Case: Qiyās demands two male witnesses → Istihsān accepts one male + two females in finance contracts.
3. Case: Qiyās invalidates coerced contracts → Istihsān validates them if later ratified voluntarily.
4. Case: Qiyās requires exact theft punishment → Istihsān suspends during famine to avoid injustice.
5. Case: Qiyās forbids circumstantial evidence → Istihsān allows fingerprints/DNA in modern courts.
6. Case: Qiyās forbids judge changing ruling → Istihsān allows correction if error discovered.
7. Case: Qiyās requires hand-cutting for theft → Istihsān suspends if value minimal.
8. Case: Qiyās forbids testimony of relatives → Istihsān allows in necessity cases.
9. Case: Qiyās forbids secret investigation → Istihsān allows undercover work against fraud.
10. Case: Qiyās would exclude video evidence → Istihsān accepts in modern Shari’ah courts.

E. Modern Issues (5 examples)

1. Case: Qiyās forbids online contracts (intangible) → Istihsān validates e-signatures for commerce.
2. Case: Qiyās forbids organ donation (removing parts) → Istihsān allows if life-saving.
3. Case: Qiyās forbids IVF (not in texts) → Istihsān allows within marriage only.
4. Case: Qiyās forbids AI contracts → Istihsān allows smart contracts under Shari’ah conditions.
5. Case: Qiyās forbids hybrid financial instruments → Istihsān permits Sukuk innovations to meet market needs.

KembaraXtra–Islamic Finance – 50 Examples of Qiyās (Analogical Reasoning)


Introduction

Qiyās is a method of legal reasoning in Islamic law where a ruling for a new case is deduced by drawing an analogy with an established case from the Qur’an or Sunnah. The jurist identifies:

1. Asl (original case with ruling).
2. Far‘ (new case requiring ruling).
3. ‘Illah (effective cause/reason behind the ruling).
4. Hukm (legal ruling extended to the new case).

Qiyās ensures Islamic law remains dynamic and adaptable to new situations, especially in finance, commerce, and modern societal issues.


50 Examples of Qiyās​

1. Wine is prohibited (asl) → modern narcotics (far‘) → both intoxicate (‘illah) → narcotics prohibited.
2. Riba in gold-for-gold trade (asl) → cryptocurrency-for-cryptocurrency trade (far‘) → both are mediums of exchange (‘illah) → must be equal and on the spot.
3. Inheritance shares for daughters (asl) → shares for granddaughters (far‘) → same kinship principle (‘illah) → similar application.
4. Ban on gambling (asl) → modern lottery tickets (far‘) → both are games of chance (‘illah) → lottery prohibited.
5. Prohibition of fraud in weights (asl) → tampering with digital scales (far‘) → same injustice (‘illah) → prohibited.
6. Prohibition of Riba in silver loans (asl) → prohibition in bank interest (far‘) → both involve unjustified excess (‘illah) → prohibited.
7. Selling fruits before ripening forbidden (asl) → selling pre-launch IPO shares with uncertainty (far‘) → gharar (‘illah) → not allowed.
8. Zakat on camels (asl) → zakat on trucks used for transport business (far‘) → both generate wealth (‘illah) → zakat obligatory.
9. Prohibition of wine (asl) → prohibition of cannabis drinks (far‘) → both intoxicate (‘illah) → prohibited.
10. Command to honor parents (asl) → command to honor grandparents (far‘) → both are direct lineage (‘illah) → required.
11. Ban on selling what one does not own (asl) → ban on selling stocks not yet purchased (far‘) → both speculative (‘illah) → prohibited.
12. Obligation of paying wages on time (asl) → paying freelance workers digitally (far‘) → both involve hired labor (‘illah) → obligatory.
13. Prohibition of hoarding food (asl) → hoarding medical supplies (far‘) → both harm public (‘illah) → prohibited.
14. Punishment for theft (asl) → cyber theft (far‘) → both unjustly take property (‘illah) → punishment applicable.
15. Ban on selling dead animals (asl) → ban on selling roadkill meat (far‘) → both are impure (‘illah) → prohibited.
16. Prohibition of Riba in barley (asl) → prohibition in rice (far‘) → both staple foods (‘illah) → equal exchange only.
17. Right of neighbor in wall use (asl) → right of tenant in shared utilities (far‘) → both involve shared property (‘illah) → allowed.
18. Ban on bribery in judiciary (asl) → bribery in business contracts (far‘) → both corrupt fairness (‘illah) → prohibited.
19. Obligation of paying blood money (asl) → compensation for car accident death (far‘) → both cause harm (‘illah) → obligation applies.
20. Prohibition of unjust trade (asl) → pyramid schemes (far‘) → both exploit (‘illah) → prohibited.
21. Ban on gold-for-gold with difference (asl) → ban on dollar-for-dollar with markup (far‘) → both currency exchange (‘illah) → must be equal.
22. Obligation of zakat on crops (asl) → obligation on hydroponic farming (far‘) → both produce food (‘illah) → zakat due.
23. Ban on selling birds in the sky (asl) → selling fishing rights without catch (far‘) → both uncertain (‘illah) → prohibited.
24. Ban on making wills for more than 1/3 (asl) → modern estate planning beyond 1/3 (far‘) → both exceed limit (‘illah) → invalid.
25. Ban on adultery (asl) → ban on online sexual exploitation (far‘) → both violate chastity (‘illah) → prohibited.
26. Prohibition of false witness (asl) → lying in court via email (far‘) → both false testimony (‘illah) → haram.
27. Ban on selling grape juice if intended for wine (asl) → ban on selling chemicals for drug-making (far‘) → both facilitate haram (‘illah) → prohibited.
28. Ban on animal cruelty (asl) → ban on lab testing causing torture (far‘) → both inflict suffering (‘illah) → prohibited.
29. Obligation of Friday prayer (asl) → obligation of online khutbah attendance if mandated (far‘) → both fulfill community worship (‘illah).
30. Ban on women wearing gold for trade cheating (asl) → ban on fake jewelry scams (far‘) → both involve deceit (‘illah).
31. Prohibition of interest in debts (asl) → prohibition of late payment penalties structured as interest (far‘) → both are excess (‘illah).
32. Ban on fortune-telling (asl) → ban on AI-based astrology apps (far‘) → both claim unseen knowledge (‘illah).
33. Ban on selling idols (asl) → ban on selling pornography (far‘) → both promote immorality (‘illah).
34. Ban on intoxicating drinks (asl) → ban on vaping with THC (far‘) → both intoxicate (‘illah).
35. Ban on Gharar in salam contract (asl) → ban on unbacked crypto speculation (far‘) → both uncertain (‘illah).
36. Prohibition of unjust enrichment (asl) → prohibition of insider trading (far‘) → both unfair gain (‘illah).
37. Ban on using false weights (asl) → ban on software manipulating trading prices (far‘).
38. Ban on mutilating dead bodies (asl) → ban on organ trafficking (far‘) → both dishonor humanity.
39. Ban on marrying stepmother (asl) → ban on marrying foster mother (far‘) → both maternal relation (‘illah).
40. Ban on cheating in exams (asl) → ban on AI-aided plagiarism (far‘) → both dishonesty (‘illah).
41. Ban on using mosque for trade (asl) → ban on using zakat funds for profit (far‘).
42. Ban on profiting from haram trade (asl) → ban on halal food mixed with haram knowingly (far‘).
43. Obligation of hijab for modesty (asl) → obligation to avoid explicit online exposure (far‘).
44. Ban on talaq during menstruation (asl) → ban on talaq during pregnancy (far‘) → both harmful timing.
45. Ban on Riba in deferred exchange (asl) → ban on credit cards with interest (far‘).
46. Ban on prostitution (asl) → ban on paid surrogacy contracts (far‘) when commodifying body.
47. Ban on selling dogs (asl) → ban on selling endangered wildlife (far‘).
48. Ban on consuming carrion (asl) → ban on GM meat if harmful (far‘).
49. Ban on unjust inheritance denial (asl) → ban on digital wills excluding heirs (far‘).
50. Ban on slavery (asl) → ban on modern human trafficking (far‘).

KembaraXtra–Islamic Finance – Ijtihad or Legal Reasoning

Introduction

In Islamic jurisprudence, the term Ijtihad refers to the process of applying independent legal reasoning to deduce rulings on issues not explicitly covered in the two primary sources of Shari’ah—the Qur’an and the Sunnah of Prophet Muhammad (peace be upon him). The word “Ijtihad” is derived from the Arabic root jahada, meaning “to strive” or “to exert effort.” Thus, Ijtihad is the intellectual exertion of qualified jurists to discover the law intended by God Almighty when clear textual evidence is absent.


All subsidiary sources of law—such as Qiyas (analogical reasoning), Istihsan (juristic preference), Istislah/Maslahah Mursalah (public interest), Sadd al-Dhara’i (blocking the means to harm), ‘Urf (customary practice), and Istishab (presumption of continuity)—fall under the broader umbrella of Ijtihad. These tools are designed to ensure that rulings remain practical, relevant, and faithful to the spirit of Islam, while addressing circumstances that the Qur’an and Sunnah do not explicitly cover.


Ijtihad relies on Ra’y (considered opinion), which emphasizes fairness, wisdom, and justice. This makes Islamic law a dynamic and adaptable system, capable of responding to new challenges without abandoning its divine principles. Importantly, Ijtihad cannot contradict the foundational sources of law. For example, no amount of reasoning could justify making interest (riba) permissible, since it has been explicitly prohibited by Allah and His Messenger.


The need for Ijtihad is clear:

• The texts are finite—while life’s circumstances are infinite.
• Cases vary in facts—requiring context-sensitive rulings.
• Law must remain relevant—without compromising divine guidance.

Thus, a diligent and conscientious Ijtihad by a qualified scholar produces a binding opinion in Islamic law, provided it aligns with the principles of the Qur’an and Sunnah. This reflects the balance between revelation and reason, ensuring that Islamic law continues to meet the demands of every age.

20 Case Scenarios with Solutions

1. Case: A new financial instrument emerges not mentioned in Qur’an/Sunnah.
   Solution: Jurists apply Qiyas to compare it with existing ribawi contracts.
2. Case: An employer delays salaries due to banking issues.
   Solution: Using Istihsan, scholars require prompt payment to protect workers.
3. Case: A hospital charges interest on late bill payments.
   Solution: Jurists reject, as Ijtihad cannot override the ban on riba.
4. Case: Environmental damage from factories affects community.
   Solution: Maslahah principle applied—pollution must be prevented to serve public welfare.
5. Case: A couple uses new fertility technology.
   Solution: Scholars apply Ijtihad, allowing if within marriage and without donor involvement.
6. Case: Digital gold trading introduced online.
   Solution: Scholars analyze under Qiyas of gold-for-gold rulings; must be spot and equal.
7. Case: Muslims in a new country debate local customs.
   Solution: ‘Urf (custom) is recognized if it doesn’t conflict with Shari’ah.
8. Case: A Muslim buys stocks in a company partly engaged in haram activities.
   Solution: Sadd al-Dhara’i applied; prohibited to avoid aiding haram.
9. Case: A family disputes inheritance shares when a new heir is discovered.
   Solution: Istishab presumption—inheritance continues until proven otherwise.
10. Case: Use of cryptocurrency for transactions.
    Solution: Scholars employ Ijtihad, ruling permissible if free from riba and fraud.
11. Case: Should Muslim employees be given time for Friday prayers at work?
    Solution: Maslahah—public interest demands accommodation for worship.
12. Case: Organ transplantation debated.
    Solution: Ijtihad allows if life-saving, not commercialized.
13. Case: Mobile banking contracts with ambiguous terms.
    Solution: Sadd al-Dhara’i invoked; ambiguity must be removed.
14. Case: Tourism industry wants halal guidelines.
    Solution: Scholars use Istihsan to adapt rulings for modern context.
15. Case: Artificial intelligence in trading used.
    Solution: Permitted if outcomes are transparent and free of gharar.
16. Case: Insurance products questioned.
    Solution: Cooperative (takaful) allowed via Ijtihad; conventional prohibited due to gharar.
17. Case: A dying man transfers all property to one heir.
    Solution: Ijtihad applies fairness—distribution must follow Qur’anic inheritance rules.
18. Case: Genetic engineering of crops.
    Solution: Allowed under maslahah if safe and beneficial.
19. Case: Buying lottery tickets for charity.
    Solution: Prohibited, as gambling cannot be justified.
20. Case: Women seeking work in banking.
    Solution: Permitted if role is free from riba-related transactions.

20 Questions & Answers

1. Q: What is Ijtihad?
   A: Independent reasoning by scholars to derive rulings not explicitly in Qur’an or Sunnah.
2. Q: Why is Ijtihad necessary when divine sources exist?
   A: Because life’s situations are infinite, but texts are finite.
3. Q: What ensures validity of Ijtihad?
   A: It must align with Qur’an and Sunnah.
4. Q: Can Ijtihad legalize interest?
   A: No, as riba is explicitly prohibited.
5. Q: What does Ra’y mean?
   A: Considered opinion based on fairness and wisdom.
6. Q: Name three subsidiary sources of Ijtihad.
   A: Qiyas, Istihsan, Maslahah.
7. Q: What is Qiyas?
   A: Analogical reasoning from established rulings.
8. Q: What is Istihsan?
   A: Juristic preference for fairness over strict analogy.
9. Q: What is Maslahah Mursalah?
   A: Rulings based on public interest.
10. Q: What is Sadd al-Dhara’i?
    A: Blocking means that lead to harm or haram.
11. Q: What is ‘Urf?
    A: Customary practice accepted in law if Shari’ah compliant.
12. Q: What is Istishab?
    A: Presumption of continuity until proven otherwise.
13. Q: Who can perform Ijtihad?
    A: Qualified scholars with deep knowledge of Shari’ah.
14. Q: Is Ijtihad a static or dynamic tool?
    A: Dynamic, adapting to new challenges.
15. Q: Can Ijtihad contradict Qur’an?
    A: No, it must remain subordinate.
16. Q: What is the purpose of Ijtihad in finance?
    A: To regulate modern contracts in line with Shari’ah.
17. Q: How does Ijtihad benefit society?
    A: By ensuring justice, relevance, and adaptability of law.
18. Q: What principle governs profit in Islam?
    A: Al-kharaj bi al-daman (benefit tied to liability).
19. Q: Is gambling ever allowed through Ijtihad?
    A: No, as it is categorically forbidden.
20. Q: What makes a considered opinion binding in Islam?
    A: Diligence, sincerity, and competence of the jurist.