Jurnal Syariah

SHARI‘AH-COMPLIANT FINANCE AND FINANCIAL INCLUSION: A CRITIQUE OF PALLIATIVE MEASURES ON THE REMOVAL OF FUEL SUBSIDY IN NIGERIA

Mohd Jamiu Ayinla-Edun — 2024-08-31

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.

POWER OF PARDON IN THE SHARĪ‘AH AND ITS APPLICABILITY IN COMMON LAW

Moin Uddin — 2024-08-31

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.

ḤURRIYAT AL-TAṢARRUF DALAM AMALAN PEMILIKAN TANAH DI FELDA

Nor Fahimah — 2024-08-31

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.

THE HUSBAND’S OBLIGATION IN PROVIDING NAFAQAH TO THE WIFE DURING THE PANDEMIC HARDSHIP: AN ANALYSIS FROM AN ISLAMIC PERSPECTIVE

Fatin Nasihah Jamal Abd. Nasir — 2024-08-31

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.