Publisher: Academy of Islamic Studies, Universiti Malaya, Malaysia E-ISSN: 0127-1237 | Print ISSN: 0128-6730 | Official Website: https://ejournal.um.edu.my/index.php/JS/ Publication type: Print & Electronic | Publication frequency: 3 times per year Jurnal Syariah is a multidisciplinary academic journal currently published three times a year by the Academy of Islamic Studies, Universiti Malaya. Established in 1993, the journal was initially published on a semiannual basis before increasing its frequency to three issues per year in 2008. Jurnal Syariah serves as a significant platform for scholars to publish scholarly works in Shariah Studies from both classical and contemporary perspectives. The scope includes discussions on fiqh and its jurisprudence, economics, law, political science, public administration, and the social sciences. The journal welcomes submissions of research articles, academic papers, reports on Shariah court cases, and book reviews within the field of Shariah studies.
Academy of Islamic Studies, Universiti Malaya, Malaysia
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WAKAF MUAQQAT MENGIKUT PERSPEKTIF UNDANG-UNDANG DI MALAYSIA: SATU ANALISIS
Waqf is an important instrument in advancing the socio-economic development of the ummah, founded upon the principle of retaining property for a purpose or for the benefit of beneficiaries in perpetuity. Nevertheless, contemporary developments have demonstrated the need for a more flexible approach through the implementation of waqf muaqqat (temporary waqf). This article seeks to analyse the application of state laws in Malaysia via the enacted legislations relating to waqf, encompassing specific waqf laws, the Administration of Islamic Law statutes and the subsidiary laws currently in force. The juristic views of the fuqaha regarding waqf muaqqat are also examined as the Shariah authority underpinning the Malaysian legal landscape. The study adopts a qualitative research design, employing library research, doctrinal legal research, and the expert method. Data are analysed using the content analysis technique. The findings reveal five (5) principal variations in the legal application of waqf muaqqat within the existing statutory framework. These encompass both explicit and implicit modes of statutory interpretation, its recognition through non-perpetual categories of property eligible for waqf, and its operationalisation under the classifications of family waqf, charitable waqf, and specific waqf as provided by law. The study further proposes recommendations for legislative reform and statutory amendments aimed at strengthening doctrinal coherence, enhancing regulatory clarity, and ensuring effective and consistent implementation within the Malaysian waqf regulatory framework.
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MENANGANI ISU PENCEROBOHAN TANAH MENURUT UNDANG-UNDANG MALAYSIA DAN PERUNDANGAN ISLAM
This article explores the issue of trespass and delves into the concept, elements, remedies and compensatory principles under the Malaysian Islamic laws. This study adopts doctrinal legal research relying on statutes and cases. For the Islamic law aspects, divine sources from al-Quran, hadith as well as Islamic jurisprudence materials are consulted. Document analysis and thematic analysis are used to analyse the finding based on themes and issues selected. It is found that the National Land Code provides redress for trespass to state land and the tort of trespass deals with trespass to private land. Tort law enables landowner and possessor to seek remedies for unlawful interference. Any intrusion to land constitutes a ghasab and haram according to Islamic law. However, there is a complication to seek remedies when dealing with trespass towards unregistered waqf land and customary land. It is found that there is a dire need to improve the workability of remedies for landowner especially when dealing with waqf land, native and private land. The law should be revisited, and Islamic law can be used as an inspiration to ensure a more comprehensive solution for trespass to land issue in Malaysia.
DEFINING SHARIAH BOUNDARIES: AL-I‘ĀNAH ‘ALĀ AL-MA‘ṢIYAH IN MALAYSIA’S ISLAMIC BANKING OPERATIONS
Islamic banking in Malaysia operates within a dual banking system alongside conventional banks, raising concerns about the potential facilitation of activities that contradict Shariah principles. A key issue arises when Islamic banks share resources with conventional counterparts, potentially leading to al-i‘ānah ‘alā al-ma‘ṣiyah (facilitation of acts of disobedience). This study examines the Shariah status of al-i‘ānah ‘alā al-ma‘ṣiyah by analysing the views of classical Shariah scholars through comparative Fiqh analysis. The views of the scholars are gathered through reviewing the classical manuscripts of respective school of jurisprudence. It found that the classical scholars agreed that directly facilitating sinful acts, e.g. selling weapons to enemies, is prohibited. In the case of indirect facilitation, most scholars prohibited this act when the seller knew that the buyer had a sinful intent, e.g. selling grapes to someone who intends to turn them into wine. In contrast, Imam Abu Hanifa permits a transaction where the object is not inherently sinful and the sinful outcome depends on the buyer’s choice. By contextualising these classical juristic positions within the operational realities of Malaysia’s contemporary Islamic banking industry, this study proposes the development of structured ḍawābiṭ (Shariah parameters) to assist Shariah committee members, regulators, and industry practitioners in distinguishing between permissible operational interdependence and impermissible facilitation. The proposed framework aims to support clearer regulatory guidance, strengthen Shariah governance, and enhance risk management practices in Malaysia’s evolving Islamic banking ecosystem.
PRINSIP ḤIFẒ AL-NASL DAN ḤIFẒ AL-`IRḌ DALAM PEMBENTUKAN KELUARGA SEJAHTERA
Keluarga merupakan institusi asas dalam pembentukan masyarakat yang sejahtera. Namun, institusi keluarga Islam kini menghadapi pelbagai cabaran seperti peningkatan kadar perceraian, perkahwinan tidak sah serta krisis moral yang melanda generasi muda. Statistik menunjukkan lebih 62,890 kes perceraian dilaporkan pada 2022, manakala lebih 67,620 kelahiran anak tidak sah taraf direkodkan sepanjang lima tahun terakhir. Dalam situasi ini, pembentukan keluarga sejahtera ialah manifestasi daripada pencapaian maqāṣid al-sharī`ah, khususnya prinsip ḥifẓ al-nasl (pemeliharaan keturunan) dan ḥifẓ al-`irḍ (pemeliharaan maruah). Oleh itu, kajian ini bertujuan menganalisis konsep maqāṣid al-sharī`ah dalam konteks pembentukan keluarga sejahtera dengan memberi tumpuan kepada dua prinsip utama, iaitu ḥifẓ al-nasl dan ḥifẓ al-`irḍ. Metodologi kajian adalah secara kualitatif dengan menggunakan kaedah perpustakaan melalui analisis kandungan. Hasil kajian menunjukkan bahawa penerapan prinsip ḥifẓ al-nasl dan ḥifẓ al-`irḍ melalui perundangan serta institusi kekeluargaan mampu mengukuhkan struktur rumah tangga di samping mengurangkan masalah sosial. Sebagai rumusan, maqāṣid al-sharī`ah bukan sekadar teori, tetapi juga penyelesaian praktikal bagi menghadapi cabaran kekeluargaan masa kini. Justeru, pemerkasaan pendidikan keluarga Islam dan pengukuhan dasar berteraskan maqāṣid al-sharī`ah perlu diberi perhatian bagi memastikan kesejahteraan institusi keluarga dalam masyarakat moden.
ASSESSING THE FEASIBILITY OF ISLAMIC BANKING ROBO-ADVISORS ADOPTION WITHIN THE ASEAN ECONOMIC COMMUNITY: EVIDENCE FROM INDONESIA
The ASEAN Economic Community (AEC) aims to enhance regional financial integration and competitiveness, creating opportunities for digital innovation in Islamic banking. Within ASEAN, Indonesia serves as one of the principal hubs of Islamic finance, offering regulatory leadership, market depth, and support for Shariah-compliant financial development. In this context, robo-advisors (RA) have significant potential to expand Islamic investment services through scalable, data-driven, and cost-efficient advisory models. Despite fintech growth, empirical research on RA adoption in Islamic banking within ASEAN remains limited, especially in leading jurisdictions. This study addresses this gap by assessing the feasibility of RA adoption within the AEC, particularly in Indonesia. Using a qualitative design, it conducts systematic library research of academic literature, policy documents, and industry reports on Islamic banking, fintech, and ASEAN financial integration. Data are analysed via thematic analysis supported by NVivo 15 to identify key feasibility dimensions. The findings highlight four interrelated dimensions: regulatory preparedness, Shariah governance and compliance, technological readiness, and customer acceptance. While Indonesia shows growing institutional commitment and market potential, challenges persist in regulatory harmonisation, Shariah-compliant algorithm transparency, and uneven technological capacity. Malaysia’s established regulatory clarity and Shariah governance provide benchmarks for regional best practices. This study proposes a conceptual feasibility framework to guide RA implementation in Indonesian Islamic banking and offers policy and strategic insights for strengthening ASEAN’s Islamic fintech ecosystem, particularly in its leading Islamic finance hubs.
THE IMPACT OF LUNAR SIGHTING DISCREPANCIES ON THE BEGINNING AND END OF RAMADAN FASTING: A COMPARATIVE FIQH ANALYSIS AND THE ROLE OF AI IN RESOLVING DIFFERENCES
The beginning and end of Ramadan have traditionally been determined by physically sighting the crescent moon. Despite this long-established practice, differences in lunar visibility across regions frequently result in varying start and end dates for fasting. These variations often create confusion among Muslim communities, sometimes leading to disagreement among scholars and worshippers regarding the correct time to observe Ramadan. This study adopts a comparative fiqh approach, analysing the perspective of classical and contemporary jurists on moon-sighting methodologies. It also explores how modern artificial intelligence (AI) technologies could contribute to minimizing these differences. Using a qualitative and comparative methodology, the research draws upon primary and secondary fiqh sources, juristic opinions, and recent studies on astronomical calculation. The findings of this research highlight three legitimate methods for confirming the commencement of Ramadan; sighting the crescent moon (ru’yah al-hilāl), completing thirty days of Sha’ban (ikmāl Sha’ban), and estimating the crescent moon in cloudy conditions (ḥisāb). Furthermore, the determination of Ramadan’s start and end dates has been a persistent source of debate among Muslim communities worldwide due to inconsistencies in moon sighting (ikhtilāf al-maṭāli’), particularly between proponents of global sighting (ru’yah al-'alam) and local sighting (ru’yah al-maḥallī). Each region follows its own sighting. In response to these challenges, AI-equipped drones have been introduced to enhance the detection of the Ramadan crescent moon by providing accurate predictions and identifying optimal locations for moon sighting.
PRODUCTIVE WAQF AND SOCIO-ECONOMIC DEVELOPMENT: A CASE STUDY OF NAHDLATUL ULAMA INDONESIA
This article analyses the productive waqf within a waqf agency classified as a nonprofit institution with a traditional Islamic faith-based organisation, namely Nahdlatul Ulama (NU), Indonesia. A qualitative methodology was utilised, specifically through interviews with the waqf board, waqf managers, and the beneficiaries of waqf projects aimed at the socio-economic development of the Muslim community. The findings show that NU's traditional Islamic identity does not signify a dismissal of contemporary management and organisational strategies; instead, these strategies are adapted to optimise the productivity of waqf assets. The waqf agency's affiliative or non-hierarchical organisational aspect significantly contributes to its productivity, surpassing its structural part's role and influence. Second, the waqf projects undertaken by NU encompass and beneficially influence all sectors of socio-economic development. Fundamentally, although the project's principal emphasis is education, it has expanded to encompass all socio-economic sectors. Third, a study of both opportunities and challenges suggests that this waqf agency should augment its efforts to optimally leverage its internal strengths, particularly the number of members and sympathisers, in the context of cash waqf collection and empowerment.
INTERVENSI KAUNSELING ISLAM TERHADAP WANITA HAMIL LUAR NIKAH DI RUMAH PERLINDUNGAN TERPILIH
Counseling intervention is one of the important elements in the recovery of unmarried pregnant women. The main objective of this study is to explore the impact of Islamic counselling approach in the rehabilitation programs at these shelters and to suggest ways to enhance this implemantion in shelters, specifically Darul Wardah (DARWA) Shelter in Selangor, Pusat Jagaan Baitus Solehah (BS) in Johor, and Generasiku Sayang (GKS) in Kelantan. A qualitative approach was employed, utilising a multiple case study design and semi-structured interviews to analyse counselling intervention in recovery programs for unmarried pregnant women in selected shelters. The participants of this study consisted of two groups: (a) six shelter residents, and (b) four authority figures, including managers and counsellor. The study findings indicated that all three shelters organize counseling programs based on Islamic principles. However, the study also found that the shelters require specialized counseling programs for unmarried pregnant women according to their needs.
EXPLORING THE ROLE OF CONVENIENCE AND TECHNOLOGY IN THE ADOPTION OF DIGITAL ZAKAT PLATFORMS
This study investigates the determinants affecting the sustained use of digital zakat applications among the Malaysian Muslim community. It identifies key drivers, namely, performance expectancy, effort expectancy, social influence, facilitation expectancy and behavioral intention, and examines their impact on users’ intention to continue using these digital platforms. A quantitative investigation involving 420 respondents across three states indicated that adopting technology substantially affects the desire to persist in utilising digital zakat applications, explaining 95.2% of the variance in usage behaviour. Facilitation anticipation was identified as the predominant component, with a beta value of (β = 0.323, p < 0.05), indicating that usability and convenience are essential for users' sustained involvement with these platforms. The results further indicate that 80.48% of participants utilise zakat programmes such as ZOT, Ezakat, and Myzakat, while 38.32% employ Boost, 27.87% utilise Shopee, and 24.04% utilise Touch 'n Go. These findings indicate that digital zakat platforms are gaining popularity as users pursue convenience and accessibility via established e-wallets and zakat-specific applications. The study aligns with current technological adoption trends, wherein user-friendliness and accessibility are essential for the sustained adoption of digital products. This study emphasises the significance of intuitive digital zakat applications in enhancing zakat contributions and encouraging sustained involvement.
KAJIAN AWAL TERHADAP ISU-ISU SYARIAH BERKAITAN KECERDASAN BUATAN (AI) DALAM KEWANGAN ISLAM DI MALAYSIA
Artificial intelligence (AI) technology has significantly impacted various industries. Particularly in the Islamic finance industry, AI technology can automate the transaction process, improve operational efficiency, and assist customers and Islamic financial institutions in making better decisions. However, the application of this technology in the Islamic finance context also raises several Shariah challenges that require serious attention, as the development of AI often goes beyond the existing Shariah legal framework and standards. In this regard, this study aims to identify the forms of AI applications in Islamic financial institutions in Malaysia and the associated Shariah concerns. This study employs a qualitative approach by analysing the relevant literature’s content. The study's findings highlighted several important concerns, such as the legitimacy of AI acting as a representative to complete transactions on behalf of humans and the use of consumer data in the decision-making process.
ANALISIS TERHADAP ASPEK HUKUMAN KESALAHAN JENAYAH DALAM KANUN NEGERI LINGGA
This study examines the content of the Kanun Negeri Lingga (KNL) manuscript, an Undang-Undang Melayu Lama (UML) legal text that demonstrates the existence of a structured and functioning Islamic legal system in Sarawak prior to the colonial era. Although several UML texts have been identified in Sarawak, in-depth research on KNL remains limited. Therefore, this study aims to analyse the punitive aspects of Islamic criminal offences outlined in KNL—a field that has received little scholarly attention, especially in Sarawak’s context. A qualitative descriptive approach was employed, using library research and document analysis methods. The data analysis was conducted in several systematic stages. These stages were: (i) preparation and understanding of the text, (ii) comprehensive reading of KNL, (iii) data coding, (iv) thematic classification, and (v) interpretation of the content based on the Islamic legal framework. The findings reveal that KNL details punishments for offences such as apostasy (murtad), adultery (zina), theft, false accusation (qazaf), retribution (qisas) and discretionary punishments (ta'zir), in accordance with Shariah principles. These provisions reflect an organised and functional implementation of Islamic criminal law, serving as an early foundation for understanding the Islamic legal system in Sarawak. The study’s findings also contribute to reinforcing the influence and relevance of KNL in shaping the contemporary Islamic legal framework in Sarawak.
PENGUKURAN MULTIDIMENSI DALAM KONSEP KEMISKINAN ISLAM: ANALISIS MENURUT PERSPEKTIF AL-QURAN DAN HADITH
Poverty is a global issue that affects all segments of society regardless of race or religion. Theoretically, poverty refers to a state where individuals are unable to meet their basic minimum needs. The limitations of conventional financial-based measurement methods have led many institutions to adopt a multidimensional approach to assessing poverty. This study analyzes the concept of multidimensional poverty in Islam based on the Quran and Hadith. A qualitative approach, utilizing textual analysis and scholarly interpretations, was employed to gain a holistic understanding of this concept. The findings reveal that Islam adopts a multidimensional approach, encompassing material elements such as food, clothing, and shelter, alongside spiritual aspects like psychological and spiritual well-being. This study has significant implications for social development policies by emphasizing the inclusion of spiritual dimensions as part of poverty measurement. This approach offers a comprehensive alternative for policymakers to design more effective programs to address poverty within Muslim communities.
EVALUATION OF THE KENYAN KADHI’S COURT BENCH BOOK FROM AN ISLAMIC SHARIA PERSPECTIVE: FOCUSING ON THE MARRIAGE SECTION
This study critically evaluates the Kadhis Court Bench Book, specifically examining the marriage section in Chapter Four, Articles 1 through 20, via the framework of Islamic Sharia. It assesses the strengths and weaknesses of these provisions, focusing on aspects of clarity, consistency, and adherence to Islamic legal principles. The research problem regarding the enactment of the Kadhis Court Bench Book arises from the judiciary's acknowledgment of inconsistencies in verdicts resulting from divergent opinions among the various schools of thought. To conduct this evaluation, a qualitative approach will be adopted, using methods such as document analysis, comparative analysis, case study review, and data interpretation. The findings show that the Bench Book lacks systematic organization, with certain sections deviating from essential Sharia principles or offering insufficient clarity. The reliance on lesser-known madhhabs in its application in Kenya contributes to inconsistencies, as certain provisions do not fully adhere to fundamental Sharia principles. Some provisions are difficult to implement and the arisal of ambiguities and gaps in specific provisions can lead to differing interpretations. Ultimately, the study recommends the creation of a systematical framework for continuous monitoring and evaluation of the Bench Book’s implementation, facilitating timely revisions to address emerging challenges in marital jurisprudence.
NANOPARTIKEL EMAS DALAM PRODUK KOSMETIK: PENELITIAN AWAL DARIPADA PERSPEKTIF MAQĀṢID AL-SHARĪ‘AH
Gold is a highly valuable metal with diverse functions. Currently, gold is widely used in various fields, including cosmetics such as gold nanoparticles in skincare products. Therefore, the use of gold nanoparticles in facial cleansers, scrubs, and serums has sparked debate in fatwa institutions related to the cosmetics industry. However, the use of gold nanoparticles carries both benefits (maslahah) and harms (mafsadah) that require evaluation. Thus, this study aims to conduct preliminary research on the use of gold nanoparticles in cosmetic products based on the maqāṣid al-sharī‘ah framework, particularly focusing on the maslahah and mafsadah of their usage. For this purpose, the study employs a qualitative approach to gather literature and fatwas related to gold. This is followed by a content analysis focusing on two main themes: the maslahah and mafsadah of using gold in cosmetic products. The findings from previous studies highlight the general effects of using gold nanoparticles, which include significant benefits (maslahah) such as anti-aging properties, alongside its harms (mafsadah) such as potential health risks. However, the permissibility status issued by the Federal Territories Mufti Department and the Indonesian Ulama Council emphasizes the element of benefits (maslahah) in determining the hukm on the use of gold nanoparticle-based cosmetics for men. The study, grounded in maslahah and mafsadah, as well as textual (naqli) and rational (‘aqli) evidence, is crucial to establish authoritative guidance for the welfare of the ummah and the sustainability of the halal cosmetic industry.
PROPOSING DIYAT AS AN ALTERNATIVE TO DEATH PENALTY FOR THE CRIME OF MURDER IN MALAYSIA
Pressure has increased on retentionist countries, including Malaysia, to consider finding an alternative penalty to the death penalty for murder. In mid-2023, the government decided to abolish the mandatory death penalty and proposed alternative sentences for the crime of murder. Concurrently, the concept of diyat or Islamic monetary compensation has also been raised by many quarters for consideration. This article examines the concept of forgiveness and diyat and addresses the potential impact of incorporating them into Malaysian criminal law. Employing a normative empirical method, the study utilized literature from predominantly secondary sources. Normative analysis was conducted to describe the findings. It is found that diyat has the potential to replace the death penalty for intentional killing, provided that amendments to the law are made. Most importantly, the victim's heirs must grant forgiveness. This is because the victim’s family holds the right to decide whether to accept diyat, demand retribution or pardon the offender entirely. The core changes required include amendments to the Penal Code and Criminal Procedure Code. This article contributes to the existing literature on the harmonization of Islamic principles and law, and explores the potential applicability of Islamic law within the Malaysian legal system.
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CRYPTOCURRENCY IN NIGERIA: A REVIEW FROM CONTEMPORARY ISLAMIC SCHOLARS’ PERSPECTIVE
This study aims to investigate the Sharī‘ah-compliance status of cryptocurrencies in Nigeria, with a particular focus on the Northern region of Arewa. Adopting a qualitative research methodology, the study utilises library research and document analysis to review contemporary Islamic scholars’ perspectives on cryptocurrencies in the region. The findings revealed that while the use of cryptocurrencies is not generally prohibited for public use, financial institutions are restricted from engaging in cryptocurrency transactions. The debate on whether using cryptocurrencies is ḥalāl (lawful) or ḥarām (prohibited) remains contentious, with some scholars classifying it as ḥarām due to concerns regarding their intrinsic value and lack of governmental recognition as legal tender. Such attributes are perceived to pose risks related to gambling, money laundering, and other prohibited activities. The study recommends prudent regulation and management of cryptocurrency by the Central Bank of Nigeria (CBN) and financial institutions in order to gain acceptance among Muslims in Northern Nigeria.
KEWAJIPAN PENCARUM TAKAFUL MEMBAYAR ZAKAT: SATU PENILAIAN SEMULA
Nowadays, various Islamic financial products, including takaful, are subject to zakat obligations. Takaful products, particularly Family Takaful, are among the Islamic financial offerings in Malaysia that contain elements of wealth liable for zakat based on their savings and investment components. This study aims to analyze the zakat rulings on family takaful contributions by considering the views of Islamic scholars, current practices, and contemporary fatwas. The study employs a qualitative approach using library-based data to obtain accurate information on the research questions. The methodology of content analysis is a qualitative approach employed in this study, involving the examination of texts, documents, and descriptive data. This methodology is applied to assess the necessity of zakat obligations for takaful contributors. The analysis adopts a systematic process to comprehend the concepts, principles, and implementation of zakat for takaful contributors. The findings indicate that takaful funds, whether in the form of investments, savings, or compensation, are categorized as either savings or income. When the pillars and conditions of zakat, particularly nisab and haul, are fulfilled, zakat becomes obligatory on the participants or their beneficiaries. Considering that the purpose of takaful is protection and risk management, this article seeks to re-evaluate the obligation of zakat on takaful based on the eligibility criteria, particularly conditions such as exceeding basic needs, being free from debt, and full ownership.
INTEGRATING ISLAMIC ECONOMIC PRINCIPLES INTO SOCIAL HEALTH INSURANCE: INSIGHTS FROM THE INDONESIAN EXPERIENCE
This study investigates the intersection of Islamic economics and Indonesia's social health insurance, BPJS Kesehatan, aiming to enhance its sustainability and equity. By examining BPJS through Islamic economic principles, particularly the concept of wakalah (agency), the research explores how this framework can improve the system's operational efficiency and fairness. Wakalah, in this context, signifies the appointment of BPJS as an agent (wākil) by participants to manage healthcare funds according to Shariah principles, emphasizing trust, responsible fund management, and adherence to intended purposes like covering medical expenses. The study further develops a human development model grounded in Maqaṣid al-Shariah (objectives of Islamic law), incorporating exogenous factors like social justice and human rights alongside endogenous factors like education, health, and income. This model analyzes how integrating Islamic economic principles, including wakalah and the potential for a non-profit operational model promoting mutual cooperation, can contribute to more equitable and just healthcare outcomes within Indonesia's unique cultural and religious context, contributing to the broader discourse on faith-based social welfare systems.
APLIKASI WAKAF MU’AQQAT DI MALAYSIA: ANALISIS KRITIKAL DARI PERSPEKTIF PEMBANGUNAN EKONOMI ISLAM
The overall potential of wakaf mu’aqqat (temporary waqf) as an instrument to enhance and grow the Islamic economy has shown significant impact. It can be carried out through multiple methods based on the suitability of the situation in order to achieve the desired results that would impact the general public. Although, this has yet to be practice widely in Malaysia due to different mazhab understanding and holdings, it could play a crucial role in enhancing the current wakaf structure which will be in line with maqasid syariah reflective of permanent wakaf. Nevertheless, this instrument has yet to be tabled and explore thoroughly. Thus, this research was carried out meticulously to observe as well as record the impact in line with maqasid syariah from the perspective of the Islamic economies growth through the application of wakaf mu’aqqat. This study employed a data collection methodology combining library research and interviews, which analysed using thematic content analysis. The research is completed in hopes that it will be a future guide and reference in tandem to the efforts of increasing the participation of wakaf. This will directly or indirectly contribute to the growth of the Islamic economy in Malaysia that would benefit the Islamic society.
HAK ORANG KURANG UPAYA MENUNAIKAN SOLAT DI MASJID: ISU DAN CABARAN
This article explores the rights of persons with disabilities (PWD) in performing prayers in mosques, in line with Islamic principles that emphasize equality and convenience in worship. Mosques, as centers of worship and community, should be inclusive for all, including PWD. However, various issues and challenges hinder their accessibility, such as the lack of PWD-friendly facilities, societal stigma, and limited awareness of PWD rights. This study adopts a qualitative approach by analyzing existing literature, including religious texts, academic studies, and legal frameworks relevant to Malaysia. The article also examines efforts undertaken by mosques and authorities and provides recommendations to improve facilities and societal understanding. This research aims to enhance awareness and drive change toward creating more inclusive mosques for all members of society, including PWD.
ḤURRIYAT AL-TAṢARRUF DALAM AMALAN PEMILIKAN TANAH DI FELDA
The ownership of land in FELDA (Federal Land Development Authority) is unique due to several restrictions arising from legal provisions and agreements. These restrictions have led to various interpretations regarding the practice of land ownership in FELDA, thereby denying the element of ḥurriyat al-taṣarruf (freedom to conduct any transaction). Therefore, the objective of this study is to explain the concept of ḥurriyat al-taṣarruf and its controlling instruments according to Islamic principles, describe the concept of land ownership in FELDA, and analyze the existence of ḥurriyat al-taṣarruf in land ownership practices within FELDA. A qualitative methodology with a grounded theory research approach is used through continuous comparison of all the obtained data from documents and interviews. The study finds that the restrictions enacted in the GSA Act 1960 represent taṣarruf al-imām (actions of the leader) to protect the economic interests of the people. Although restrictions in ownership and rights exist in the practice of land ownership in FELDA, this does not negate the existence of ḥurriyat al-taṣarruf, as evidenced in the practices of land transfer, inheritance, waqf land, and agricultural land management. Further studies need to be conducted, particularly in suggesting improvements in land ownership practices in FELDA based on the fiqh framework.
POWER OF PARDON IN THE SHARĪ‘AH AND ITS APPLICABILITY IN COMMON LAW
The power of pardon is an important principle for umholding justice in the criminal justice systems of both common law and the Sharīʿah. The Sharīʿah pardon principle provides a fair opportunity for the victims or victims’ heirs in murder cases to express their preferences as to how the offenders should be pardoned, and while also ensuring the perpetrators’ rights as both disputing parties have to participate in the pardon process actively. However, the Sharīʿah pardon principle has certain inadequacies compared to the common law pardon process that hinder its independent implementation in the existing common law pardon process. The current common law pardon process can also be considered arbitrary and one-sided compared to the Sharīʿah pardon principle because the pardon petitions are decided exclusively by the state authorities, and victims or victims’ heirs in murder cases are not heard or compensated. Therefore, this study aims to examine the Sharīʿah pardon principle and explore its potential to enhance justice in the common law pardon decision-making process. This study utilises a qualitative doctrinal method depending on the requirements for pardon as outlined in cases of qiṣāṣ. Primary attention is given to the relevant Qur’ānic verses, the Sunnah and a review of the juristic opinions on the extent of the application of these rules. This study submits that the common law pardon process can be improved if it is harmonised with the Sharīʿah pardon principle. This article further suggests how this harmonisation effort can be realised to develop an implementable and balanced pardon decision-making process that can enhance justice in common law jurisdictions.
SHARI‘AH-COMPLIANT FINANCE AND FINANCIAL INCLUSION: A CRITIQUE OF PALLIATIVE MEASURES ON THE REMOVAL OF FUEL SUBSIDY IN NIGERIA
Fuel is an essential commodity whose availability, affordability, and otherwise affect the market prices of virtually all other essential goods and services. It is empirically observable that the high price of fuel will undoubtedly contribute to the increasing prices of other fundamental needs such as food and transportation. This scenario will bring about undue hardship and a decline in the standard of living of any country. The foregoing informed the reason why the Nigerian government, over time, subsidized the price of fuel, especially the Premium Motor Spirit. However, due to high-level corruption and maladministration of the subsidy regime in Nigeria, the government deemed it expedient to remove the subsidy and allow market forces to determine the selling price. The removal expectedly affected the financial ability of Nigerians, as all goods and services, especially transportation, witnessed a drastic hike in prices. Thus, the incumbent government had to roll out its palliative plans and measures to ameliorate the suffering caused by the subsidy removal and ensure the financial uplifting of Nigerians. The palliative measures for micro, small, and medium enterprises (MSMEs) and start-ups, however, raised concerns of marginalization and exclusion of Nigerians who, due to faith or other convictions, are opposed to any financial arrangement that is not Sharī‘ah compliant. This research, therefore, combined doctrinal and empirical methodologies to critique the palliative measures for MSMEs and start-ups set out by the Nigerian government, with the view to determining their Sharī‘ah compliance and whether or not they have fostered financial inclusion, especially from an Islamic perspective. The research found that the fuel subsidy removal palliative occasioned financial exclusion rather than the desired inclusion due to non-compliance with Sharī‘ah parameters. The work recommends, among others, a revisiting of the scheme to ensure it is Sharī‘ah compliant.
CHALLENGES OF AL-FARĀ’IḌ APPLICATION IN A MULTI-RELIGIOUS SOCIETY: THE CASE OF YORUBA MUSLIMS OF LAGOS AND OYO STATES, SOUTHWESTERN NIGERIA
Yoruba Muslims of Southwestern Nigeria are among the foremost West Africans who had the earliest contact with Islam before the advent of British colonization in the 1850s. By 1775 C.E, Islam had been firmly entrenched in the nooks and crannies of Yorubaland, Southwest Nigeria, where Mosques and Madāris (Islamic Schools) were established to preach and teach the religion. However, with the British intrusion and amalgamation of the then Southern and Northern Protectorates to form a country called Nigeria, the colonialists had submerged all existing legal systems, whether customary or religious, under the control of English common law; hence, the application of Islamic law (Sharī‘ah) became a herculean task. To this end, with the dichotomy syndrome in Islamic law application between Northern and Southern Nigeria, Yoruba Muslims have been battling the non-statutory recognition of Sharī‘ah for over a century with no solution in sight. This, without mincing words, has deeply affected the application of the Islamic law of inheritance (al-farā’iḍ) on deceased’s estates as enshrined under Islamic law. Therefore, this present paper, through an analytical method, examines the challenges facing Yoruba Muslims in Lagos and Oyo States, Southwest Nigeria, in utilizing Islamic law of inheritance on deceased’s properties amidst the enforcement of the Nigerian legal system, the Yoruba customary law and States’ Administration of Estate Laws. It also enunciates the judicial prospects as being utilized by Muslims in the absence of statutory Islamic courts through the Independent Sharī‘ah Panels. The paper discovered that the challenges of al-farā’iḍ application might not be overturned in the near future until Yoruba Muslims reinvigorate their agitations for constitutional review to enforce statutory Sharī‘ah recognition and application in all matters that concern Muslims within the purview of the Nigerian legal system.
STRATEGI PERHUBUNGAN AWAM ISLAM DAN PERANANNYA DALAM MEMBANGUNKAN MASYARAKAT MADANI
This study examined the Islamic public relations strategy and its role in developing civil society. Civil society, as envisioned by the Government’s Malaysia Madani, aims to create an inclusive and harmonious society in diverse demographic in Malaysia where there are differences in culture, religion and belief. In this context, the practice of Islamic public relations is a key player in this development. To explore this a qualitative approach through library research was chosen, involving an in-depth study of the Qur’an and previous studies related to this topic. This study identified five strategies that can be applied in public relations practice, each of which is fundamental realiinge the Government’s vision of a developed civil society.
THE HUSBAND’S OBLIGATION IN PROVIDING NAFAQAH TO THE WIFE DURING THE PANDEMIC HARDSHIP: AN ANALYSIS FROM AN ISLAMIC PERSPECTIVE
In mid-2020, the International Monetary Fund reported the effects of Covid-19 pandemic to have significantly contributed to severe financial difficulties, leading to delays in husbands providing financial support (nafaqah) to their wives. Financial challenges have emerged as the second most significant issue following health concerns during the COVID-19 pandemic, causing the husbands to face obstacles in meeting their obligation to support their wives financially. Consequently, to resolve this confusion, this paper aims to investigate the husband’s role as a custodian of rights in delivering financial support to his wife amid the pandemic from the Islamic perspective. Furthermore, it seeks to address inquiries and apprehensions regarding husbands who do not fulfil this responsibility, while also examining the concept of spousal maintenance from an Islamic viewpoint. This research is qualitative in nature. The method used in this study is library research, gathering information from both primary and secondary sources. The data will be organised using a thematic approach. The study found that the husband’s obligation to provide maintenance does not cease even during a pandemic; instead, it becomes a debt owed to the wife. However, the wife has the option to either remain in the marriage or seek a divorce. This finding clarifies misunderstandings and confusions within the community about the status of maintenance, aids husbands in understanding their responsibilities, demonstrates Islam’s flexibility in addressing the maintenance issues and encourages wives to exercise patience during difficult times, as this is one of the strengths of marriage.
THE PHENOMENON OF WIVES SUING FOR DIVORCE: A STUDY IN INDONESIA-MALAYSIA BORDER COMMUNITIES IN SAMBAS, WEST KALIMANTAN
This study examines the legal claims made by wives to their husbands from the perspective of the Indonesia-Malaysia border community in Sambas, West Kalimantan. Maṣlaḥah al-ḍaruriyyah, maṣlaḥah tahsiniyyah, and maṣlaḥah hajiyyah served as the foundation for this investigation. This study examines the legal claims made by wives to their husbands from the perspective of the Indonesia-Malaysia border community in Sambas, West Kalimantan. Maṣlaḥah al-ḍaruriyyah, maṣlaḥah tahsiniyyah, and maṣlaḥah hajiyyah served as the foundation for this investigation. Qawl jadid claims that the Imam Shafi‘i talaq ba’in sughra school is also known as khulu‘, wherein a husband must obtain a new marriage contract in order to reunite with a woman who has become mentally ill due to ba’in sughra and is prohibited from making amends with her during the period of ‘iddah. The research topic, which asks: What is the benefit of the wife’s lawsuit to the husband from the standpoint of maṣlaḥah?, develops the subject matter in order to make this study focused and methodical. This kind of qualitative research uses an Islamic legal perspective while doing fieldwork. The Malay Sambas community, who commit divorce, is the study’s informant. According to the findings of the study, that (2) There is a shift in times or lifestyles where the values of marital justice are no longer applied in marriage such as ignoring religious rules, knowing the law but not obeying the law only as a formality so that it is easy to divorce, (3) the involvement of the Legal Aid Institute and the Legal Aid Post in the divorce process of married couples to be cheerful.
WAKAF PERKHIDMATAN: PERSPEKTIF FIQH DAN CADANGAN PELAKSANAAN
Waqf is one of the Islamic philanthropies that can help improve the socio-economics of a society through humanitarian services and waqf is not limited to assets. In developing waqf property, the issue of manpower and management costs is a challenge for managers because it involves large and continuous funds. There is a need to clarify the law of using cash waqf to finance the cost of human resources. The objective of this study is to clarify the necessity of service waqf as well as its application in the development of waqf property through jurisprudential debate. This study uses a qualitative method by gathering the views of jurists regarding cash waqf, waqf benefit, and permanent conditions on mawqūf. The data is then analyzed and appropriate views are presented taking into account the current situation in Malaysia. The findings of the study show that the appropriate service waqf implementation is through the contribution of benefits to the public by donating the service wage payment to a waqf body. Therefore, the contribution of the benefit is named a service waqf scheme which consest of a voluntary contribution of expertise to the community. This kind of implementation is permissible according to the majority of jurists who allowed cash waqf. In order to encourage the community to give waqf through this scheme, the wāqif can get an income tax deduction from the amount of labor wages that is waqf. In addition, the company can introduce a program in the form of volunteering to encourage the contribution of expert energy for free by branding it as a service waqf contribution.
PENGLIBATAN KOMUNITI DALAM PROGRAM PEMULIHAN REMAJA HAMIL LUAR NIKAH DI RUMAH PERLINDUNGAN TERPILIH
The community plays a crucial role in changing and shaping the behaviour of unmarried pregnant teenagers. Research indicates that these teenagers often face social exclusion because their actions are seen as violations of community norms, leading to their placement in protective institutions to conceal pregnancy. This study focuses on the community's role in aiding the behavioral treatment of adolescents in shelters, specifically Darul Wardah (DARWA) Shelter in Selangor, Pusat Jagaan Baitus Solehah (BS) in Johor, and Generasiku Sayang (GKS) in Kelantan.The main objective of this study is to explore the impact of community involvement in the rehabilitation programs at these shelters and to suggest ways to enhance this involvement. A qualitative approach was employed, utilising a multiple case study design and semi-structured interviews to analyse community involvement in recovery programs for pregnant teenagers in selected shelters. The participants of this study consisted of two groups: (a) six shelter residents, and (b) four authority figures, including managers and counsellors. The findings revealed that the three shelters had various community programs involving families, neighbourhoods, and stakeholders, such as the Institute of Higher Education and the Ministry of Health. However, there is a notable gap in parental involvement and direct support to meet the needs of youth.
TADBIR URUS SYARIAH BAGI PENYELESAIAN ISU-ISU PEMBANGUNAN WAKAF DI MALAYSIA: KAJIAN KES DI BEBERAPA NEGERI TERPILIH
This paper analyzes the governance implemented to resolve Shariah-related issues in the development of waqf in Malaysia. The study adopts a qualitative research approach employing a collective case study design. Four states were selected as study samples, and semi-structured interviews were conducted with officers from the State Islamic Religious Council (SIRC) or its subsidiaries appointed as mutawalli, officers from the State Mufti Department, as well as Muftis, Deputy Muftis, or members of the State Fatwa Committee. Thematic analysis is employed to highlight themes related to the governance of resolving Shariah issues in the development of waqf in Malaysia. The findings indicate that the development of waqf in Malaysia is subject to governance at the state rather than federal level. Consequently, in the context of Shariah governance for waqf development, two institutions in each state are involved, namely the waqf institution as mutawalli managing waqf assets and the Fatwa Committee. Additionally, the Fatwa Committee plays an advisory role for the waqf institution in ensuring Shariah compliance of products and waqf development management.