Islamic legal maxims (qawāʿʿid fiqhiyyah) provide necessary basis for extracting legal injunctions on the unprecedented cases (fiqh al-nawāzil) and make it possible for the jurists to forego the need of memorizing copious fiqh treatises. In light of this fact, this article attempts to design a framework for harm elimination, utilizing the related legal maxims, which will be arguably of great use in developing an outlook that enables a person to tackle the many challenges he or she finds in the course (...) of removal of harm. After explaining the concept and definition of Islamic legal maxims in general, this research surveys in detail the universal legal maxim “harm must be eliminated”, covering its role and significance in the theories of fiqh and its scope and application in contemporary issues. Employing descriptive, analytical and critical methods, this study categorizes the legal maxims related to the harm elimination into three: (1) maxims related to prevention of harm before its occurrence, (2) maxims related to elimination of harm after it has taken place and (3) maxims related to minimization of harm if complete removal is impractical. Likewise, this research analyses the sub-maxims of harm elimination, discussing their legal bases, various purposes for which they operate, related uṣūlī principles and legal examples, providing at the end a flowchart that represents a sequence of five steps useful in the course of removal of harm. (shrink)

Abstract: Microfinance Institutions (MFIs) are the financial services established for the specific target to enabling community, particularly poor people to access loans having lack of access to conventional banking and related services. Worldwide the sector started since 1770’s. In Tanzania, it kicked off in 1991 after the enactment of BFIA and SACCOS Act in 1991. This research was conducted in Singida District in 2018 comprising a sample size of 88 respondents from ten SACCOS. Both qualitative and quantitative data were collected. (...) The study employed case study method intended to assess the factors that affect the growth of Micro-finance Institutions in Tanzania. The study found that the growth of MFIs is affected by the following factors; Capacity in managing finances and loans and adhering to financial policies and guidelines. Others include competent personnel, appropriate training to key staff, loan follow up, corruption, and access of members to business training. Similarly, the availability of Technical support to SACCOS, Availability of sources of Business Capital, Level of knowledge on sustainability, Risk management, Training related to the members, challenges of business competition, Macroeconomic factors including inflation, Financial Sector Reforms and Development of Microfinance Policy, affect MFIs. Further the study found that the challenges affecting the performance of the growth of MFIs are within the capacity of the MFIs stakeholders. Henceforth, the study urges all stakeholders to play a pertinent role to enhance effective performance of MFIs. (shrink)

Abstract: Public procurement is the acquisition of right goods, works and services required to satisfy certain needs at the right time, from the right supplier, in the right quantities, in the right quality, and at the right price. Worldwide it accounts 10% – 30 % of GNP while in Tanzania it accounts for about more 45% of the total budget. Appropriate procurement system in the public sector is a tool for achieving political, economic and social goals. The research examined the (...) impact of the capacity building on the performance of LGAs procurement function, was conducted in Tanzania to the four regions in 2018, comprised a sample size of 224 respondents from eight Local Government Authorities (LGAs). Qualitative and quantitative data were collected, employed the case study method intended to the Evaluate Assessment of Capacity Building Programme on the Performance of LGAs procurement functions. The study revealed that procurement functions have improved because of the intervention of capacity building such as the improvement of the; Use and application of PPA and PPR, use and application of Procurement Planning, use and application of Contract Management and Administration, use procurement record keeping and reporting, use and application of PMIS & Other Procurement Systems, appropriate Tendering Process. Also, the researchers have revealed challenges hindering LGAs procurement system such as; lack training, unpredictable funds flow and political interference. Moreover, based on the contributions attributed by the capacity building further research can be undertaking to measure the impact of capacity building in the other areas apart from procurement field such as; health, agriculture, good governance and so on. In addition to that, another research can be undertaken to assess the factors hindering the performance of LGAs procurement system. (shrink)

Being a great jurist and influential scholar with seminal works on hadith, theology, biography and jurisprudence, al-Nawawī’s (d. 1277) views on epidemics are of great significance in these days of the pandemic. This article explores his views and explanations vis-à-vis epidemic to find his perspectives on balance between qadr (predestination) and ḥadhar (precaution) by conducting a content analysis of his various texts. In this article, the authors mainly referred to his texts Sharaḥ Muslim, Riyaḍ al-Ṣāliḥīn, al-Majmūʿ Sharaḥ Muhadhdhab, Rawḍat al-Ṭālibīn (...) and al- Adhkār al-Muntakhab. This study substantiates that in the view of al-Nawawī, Islam postulates a balanced position between taking precaution and faith in Allah’s decrees in dealing with the situations of an epidemic. Thus, it holistically complements the concepts of qadr and hadhar to guide people towards leading a faithful and safe life in the trying times of epidemic. (shrink)

The Islamic legal maxim (al-qāʿidah al-fiqhiyyah) “no harm shall be inflicted or reciprocated” has become particularly significant in this era of pandemic. In the current context, this legal maxim is reasonably expected, provided that if they are adequately employed, to influence people’s choices and guide them to make certain decisions which are simultaneously religious and applicable for preservation of human life. This maxim is construed as prohibition of all actions that carry the notion of wronging, infringing on other’s rights, frustrating, (...) overpowering, or setting back some party’s interests. In this article, we attempt to discern what Islamic jurisprudence has to say in this crucial combat which causes this global crisis. In light of the mentioned Islamic legal maxim, a flowchart that represents the sequence of the certain steps is derived, which is beneficial to be taken into consideration in the choices, decisions and actions related to or in the time of COVID-19. (shrink)

: The Islamic jurists utilized the discipline of maqāṣid al-sharīʿah,in its capacity as the philosophy of Islamic law, in their legal and ethicalinterpretations, with added interest in addressing the issues of modern times.Aphoristically subsuming the major themes of the Sharīʿah, maqāṣid play apivotal role in the domain of decision-making and deduction of rulings onunprecedented ethical discourses. Ethics represent the infrastructure of Islamiclaw and the whole science of Islamic jurisprudence operates in the lightof maqāṣid to realize the ethics in people’s lives. (...) Scrutinizing the key themesof maqāṣid-based ijtihād and scope of ethics in maqāṣid, this article delvesinto the discourse on the application of maqāṣid to medical ethics. As a casestudy, this research analyses the extent of medical confidentiality in the light ofmaqāṣid and arrives at the conclusion that limited confidentiality goes more inline with the maxims of maqāṣid. (shrink)

En 1994 el shayj Ali Muhsin Al Barwani concluyó en el exilio su traducción del Corán al swahili. La principal característica es que huía del swahili estándar formulado por los británicos, para usar el swahili clásico que se enseñaba en las madâris (escuelas coránicas) de Kenya, Tanzania y Zanzíbar. Además, esta traducción introducía elementos (léxico, símbolos, construcciones sociales) del pensamiento tradicional islámico swahili. Nuestro trabajo es un análisis hermenéutico simbólico de la primera sûrâ del Corán, al Fâtiha, para determinar (...) los elementos tradicionales swahilis, descristianizantes y anti-colonialistas en el texto de Al Barwani. De ahí inferiremos qué papel tiene esta traducción como elemento de resistencia contra el colonialismo. (shrink)