Prof. Dr. Younes Soualhi
Qualification:Ph.D. (Usul al-Fiqh) in University of Malaya, Malaysia. (2000)
Fields/Area of Specialization:Takaful, Islamic Banking and Islamic Capital Market
Prof. Dr. Younes is currently a Senior Researcher at the International Shari'ah Research Academy for Islamic Finance (ISRA) and the Head of Islamic Banking Unit. He also teaches at the International Centre for Education in Islamic Finance, Malaysia (INCEIF). Prof. Dr. Younes Soualhi having a teaching experience of 23 years, he taught many Islamic finance subjects, including takaful and retakaful courses at Masters and PhD levels. He published many articles and books in Islamic Banking and Finance, including Takaful and retakaful. He got his B.A in Shari’ah from Emir Abdulqadir University for Islamic Sciences in Algeria, and his M.A & PhD from IIUM and UM (Malaysia) respectively. He also holds a Diploma in Human Sciences.

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Showing results 1 to 6 of 6
  • Bay_al-dayn_wa-atharuhu_fi_al-aswaq_al-maliyah_Younes.pdf.jpg
  • Journal Article


  • Authors: Younes Soualhi; Awali Muhammad Sharif (2011)

  • The sale of debt is part of the jurisprudence of Islamic financial transactions that is used by people for a long time; however, it has become more prevalent in the present day. It is among the features of the modern era that an individual is either creditor or debtor, rather modern day institutions are based on debt transactions such as financial markets. A great number of people and institutions are dealing with debt- based transactions in all its forms and types without knowing whether this kind of transaction is halal (permissible) or haram (prohibited); this negligence is pointed out in the Prophetic tradition that states: "A time will come when a man doesn't mind if he is earnin...

  • Bridging_Islamic_juristic_differences_in_contemporary_Islamic_finance_Younes.pdf.jpg
  • Journal Article


  • Authors: Younes Soualhi (2012)

  • This article is an attempt to formulate a viable Shari'ah framework for juristic differences in contemporary Islamic finance. While acknowledging the legitimacy of juristic differences as an inherent feature of Islamic law, such differences could jeopardize a nascent Islamic finance industry, leading to what has come to be arbitrarily termed 'Shari'ah risk' in Islamic finance. Two blocks appear to represent the two disputing sides since the launch of this industry, i.e., the Middle Eastern and South East Asian markets. Thus, this article aims to bridge differences in Islamic finance by proposing a framework and set of parameters that can be applied to all Islamic banking, Islamic capi...

  • Ishkalat_namadhij_al-tamin_Younes.pdf.jpg
  • Journal Article


  • Authors: Younes Soualhi; Ghalia Bouhedda (2013)

  • Although three decades or more have elapsed since the emergence of takaful industry, a period in which this industry has received wide acceptance and witnessed a great development in its operations and products, the takaful models that are being implemented in it have not been free of many juristic and technical problems. This is an agreed upon fact among Shari'ah scholarly authorities and practitioners alike; these problems concerns mainly the ownership and distribution of the surplus. This situation urged some Shari'ah institutions of worldwide scholarly authority (such as the International Fiqh Academy, one of the agencies of OIC) to call for the need of more research in order to d...

  • The_maqasid_filter_in_takaful_audit_Younes.pdf.jpg
  • Chapter in Book


  • Authors: Sheila Ainon Yussof; Younes Soualhi (2012)

  • Islamic financial institutions in conducting regular audits must look for evidences in their contracts, processes and activities that genuinely support the goals and objectives of the Shari'ah (maqasid al-Shari'ah). The maqasid of the Shari'ah concerning all kinds of economic wealth can be summarised under five parameters/criteria: 'adl (justice) in handling it; wuduh (transparency); hifz (preservation); thabat (durability); and rawaj (marketability) or a fair circulation of wealth in the hands of as many people as possible. Specific issues identified in family takaful operations are used to determine whether the application of the maqasid filter based on the above criteria can help a...

  • item.jpg
  • Journal Article


  • Authors: Younes Soualhi (2008)

  • This research addresses two methodological problems that seem to hinder the development of the concept of human welfare (public interest) in Islamic jurisprudence (Shari'ah). The first problem refers to the debate on whether maqasid is a philosophy or a method. The research tries to argue that maqasid moved from philosophy to method in order to revitalize the methods of inference in Islamic jurisprudence. However, as the paper argues, the new position of maqasid as a method had little effect on the dynamicity of Islamic jurisprudence during the time of Shatibi (d.14 century A.D) onwards. The latter's legal acumen is widely accredited with propounding a full-fledged theory on maqasid. ...

  • Shariah_inspection_of_surplus_distribution_in_takaful_operations_Younes.pdf.jpg
  • Journal Article


  • Authors: Younes Soualhi (2010)

  • This research intends to shed light on a number of issues related to surplus distribution in takaful. The first part is devoted to revisiting the main financial concepts related to the surplus such as the underwriting surplus and profit. Modes of distribution such as pro-rata and offsetting will also be discussed in the light of equity principle advocated by Shari'ah. The second part deals with the major juristic views and doctrines delineated in favor of surplus distribution. Legal doctrines such as the ownership or otherwise of the surplus after donation would be meticulously discussed and reviewed in the light of current practices of takaful operators. The last part deals with a ge...

Prof. Dr. Younes Soualhi
author picture
Qualification: Ph.D. (Usul al-Fiqh) in University of Malaya, Malaysia. (2000)
Fields/Area of Specialization: Takaful, Islamic Banking and Islamic Capital Market
Prof. Dr. Younes is currently a Senior Researcher at the International Shari'ah Research Academy for Islamic Finance (ISRA) and the Head of Islamic Banking Unit. He also teaches at the International Centre for Education in Islamic Finance, Malaysia (INCEIF). Prof. Dr. Younes Soualhi having a teaching experience of 23 years, he taught many Islamic finance subjects, including takaful and retakaful courses at Masters and PhD levels. He published many articles and books in Islamic Banking and Finance, including Takaful and retakaful. He got his B.A in Shari’ah from Emir Abdulqadir University for Islamic Sciences in Algeria, and his M.A & PhD from IIUM and UM (Malaysia) respectively. He also holds a Diploma in Human Sciences.
Showing results 1 to 6 of 6
  • Bay_al-dayn_wa-atharuhu_fi_al-aswaq_al-maliyah_Younes.pdf.jpg
  • Journal Article


  • Authors: Younes Soualhi; Awali Muhammad Sharif (2011)

  • The sale of debt is part of the jurisprudence of Islamic financial transactions that is used by people for a long time; however, it has become more prevalent in the present day. It is among the features of the modern era that an individual is either creditor or debtor, rather modern day institutions are based on debt transactions such as financial markets. A great number of people and institutions are dealing with debt- based transactions in all its forms and types without knowing whether this kind of transaction is halal (permissible) or haram (prohibited); this negligence is pointed out in the Prophetic tradition that states: "A time will come when a man doesn't mind if he is earnin...

  • Bridging_Islamic_juristic_differences_in_contemporary_Islamic_finance_Younes.pdf.jpg
  • Journal Article


  • Authors: Younes Soualhi (2012)

  • This article is an attempt to formulate a viable Shari'ah framework for juristic differences in contemporary Islamic finance. While acknowledging the legitimacy of juristic differences as an inherent feature of Islamic law, such differences could jeopardize a nascent Islamic finance industry, leading to what has come to be arbitrarily termed 'Shari'ah risk' in Islamic finance. Two blocks appear to represent the two disputing sides since the launch of this industry, i.e., the Middle Eastern and South East Asian markets. Thus, this article aims to bridge differences in Islamic finance by proposing a framework and set of parameters that can be applied to all Islamic banking, Islamic capi...

  • Ishkalat_namadhij_al-tamin_Younes.pdf.jpg
  • Journal Article


  • Authors: Younes Soualhi; Ghalia Bouhedda (2013)

  • Although three decades or more have elapsed since the emergence of takaful industry, a period in which this industry has received wide acceptance and witnessed a great development in its operations and products, the takaful models that are being implemented in it have not been free of many juristic and technical problems. This is an agreed upon fact among Shari'ah scholarly authorities and practitioners alike; these problems concerns mainly the ownership and distribution of the surplus. This situation urged some Shari'ah institutions of worldwide scholarly authority (such as the International Fiqh Academy, one of the agencies of OIC) to call for the need of more research in order to d...

  • The_maqasid_filter_in_takaful_audit_Younes.pdf.jpg
  • Chapter in Book


  • Authors: Sheila Ainon Yussof; Younes Soualhi (2012)

  • Islamic financial institutions in conducting regular audits must look for evidences in their contracts, processes and activities that genuinely support the goals and objectives of the Shari'ah (maqasid al-Shari'ah). The maqasid of the Shari'ah concerning all kinds of economic wealth can be summarised under five parameters/criteria: 'adl (justice) in handling it; wuduh (transparency); hifz (preservation); thabat (durability); and rawaj (marketability) or a fair circulation of wealth in the hands of as many people as possible. Specific issues identified in family takaful operations are used to determine whether the application of the maqasid filter based on the above criteria can help a...

  • item.jpg
  • Journal Article


  • Authors: Younes Soualhi (2008)

  • This research addresses two methodological problems that seem to hinder the development of the concept of human welfare (public interest) in Islamic jurisprudence (Shari'ah). The first problem refers to the debate on whether maqasid is a philosophy or a method. The research tries to argue that maqasid moved from philosophy to method in order to revitalize the methods of inference in Islamic jurisprudence. However, as the paper argues, the new position of maqasid as a method had little effect on the dynamicity of Islamic jurisprudence during the time of Shatibi (d.14 century A.D) onwards. The latter's legal acumen is widely accredited with propounding a full-fledged theory on maqasid. ...

  • Shariah_inspection_of_surplus_distribution_in_takaful_operations_Younes.pdf.jpg
  • Journal Article


  • Authors: Younes Soualhi (2010)

  • This research intends to shed light on a number of issues related to surplus distribution in takaful. The first part is devoted to revisiting the main financial concepts related to the surplus such as the underwriting surplus and profit. Modes of distribution such as pro-rata and offsetting will also be discussed in the light of equity principle advocated by Shari'ah. The second part deals with the major juristic views and doctrines delineated in favor of surplus distribution. Legal doctrines such as the ownership or otherwise of the surplus after donation would be meticulously discussed and reviewed in the light of current practices of takaful operators. The last part deals with a ge...