E-ISSN: 2462-2230 Print ISSN: 2462-2206 Publisher: Department of Shariah and Law, Academy of Islamic Studies, Universiti Malaya Publication type: Print & Electronic Publication frequency: 2 times per year JOURNAL OF SHARIAH LAW RESEARCH is with the objective to disseminate and advance research findings in the field of Shariah law with particular emphasis on the ideas of reform which are relevant to the contemporary development in various fields of Islamic law. The journal is published bi-annually by Department of Shariah and Law, Academy of Islamic Studies both on-line and printed versions beginning on January 2016.
Department of Shariah and Law, Academy of Islamic Studies, University of Malaya
INTEGRASI PERUNDANGAN ZAKAT UNTUK KETAHANAN IKLIM DAN PEMBANGUNAN MAMPAN DI MALAYSIA
This research explores the integration of zakat into climate resilience strategies in Malaysia, aiming to address the dual challenges of environmental sustainability and socio-economic equity. Climate change poses significant threats to Malaysia such as water scarcity and extreme weather events which disproportionately affect vulnerable communities. This research finds that zakat, has significant untapped potential as a source of money for initiatives to mitigate and adapt to climate change. This research utilizes a library research approach to undertake content and descriptive evaluations of pertinent literature, policy papers and case studies. The results show that zakat can be successfully diverted to environmentally friendly initiatives like sustainable agriculture and water infrastructure which will increase community resilience to the effects of climate change. However, obstacles such as varied legal frameworks, poor public awareness and the necessity for strategic alignment with national objectives impede its complete potential. This research suggests making clear rules for managing zakat, including it in national climate plans and running public education programs to help more people understand how important zakat is for protecting the environment. This holistic approach can transform zakat into a dynamic instrument for achieving climate resilience and a just transition in Malaysia thus promoting both environmental stewardship and social justice.
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PENGURUSAN KRISIS RUMAH TANGGA: KAJIAN DI BAHAGIAN UNIT RUNDINGCARA JABATAN AGAMA ISLAM WILAYAH PERSEKUTUAN KUALA LUMPUR
Household crises are a significant issue in society. This paper focuses on the management of household crises implemented by the counselling unit at the Federal Territory Islamic Religious Department (JAWI). The high rate of household crises necessitates intervention, and the lack of understanding regarding the role of the counseling unit in addressing these issues is the primary motivation for this study. The aim of this paper is to identify the factors contributing to household crises, assess the role of JAWI’s counseling unit in resolving these crises, and evaluate the impact of counseling on resolving household issues. Data for the study were obtained from library research and interviews, and were then analysed using a thematic approach to identify emerging themes from the collected data. The paper finds that factors such as poor communication, financial problems, and third-party interference are often the causes of household crises. The role of JAWI’s counseling unit in providing counseling and mediation has proven effective in reducing tension and providing solutions. The paper concludes that systematic and comprehensive intervention by JAWI’s counseling unit is critical in managing household crises and suggests that these services should be expanded and further strengthened in the future.
ANALISIS AWAL TAHAP KESEDARAN PENGGUNA TERHADAP PEMBELIAN AYAM HALAL DI SELANGOR
The halal chicken market has gained widespread acceptance among both Muslim and non-Muslim consumers, primarily due to factors such as cleanliness, food safety, and quality assurance. However, empirical studies focusing on Muslim consumers’ awareness of halal chicken purchases remain limited. Although legislative frameworks such as the Trade Descriptions Act 2011, the Consumer Protection Act 1999, and the Food Act 1983 provide a robust legal foundation to safeguard consumers and ensure the authenticity of halal chicken products, the level of consumer awareness in Selangor remains a critical determinant of the effectiveness of these laws in promoting compliance and strengthening the halal ecosystem in Malaysia. Therefore, this study aims to assess the level of awareness among Muslim consumers concerning halal chicken purchases in Selangor, recognized as a key focal point within Malaysia’s halal sector. Data were collected through a pilot questionnaire survey involving 31 respondents, and analysis was conducted using SPSS Version 20. The mean score results indicate that Muslim consumers in Selangor exhibit a good level of awareness when selecting halal chicken, with cleanliness and halal certification as primary considerations. Findings from this pilot study suggest a strong consumer consciousness that can support the broader development of a trustworthy and sustainable halal ecosystem.
A SHARIAH-BASED EXAMINATION OF SELECTED JAIZ BANK PRODUCTS
Jaiz Bank is a full-fledged Islamic bank licenced and operating in Nigeria. The bank is authorized to operate throughout the federation and offers a range of products in designing its savings, current, and other banking services. This research focused on examining the Shariah compliance of some of these products. In particular, it analysed the products adopted in designing the bank’s savings and current accounts. It also examined some Jaiz Bank products developed from murābahah-related contract, which have attracted criticisms from certain scholars and Islamic clerics in Nigeria. The compliance of some of these products with the principles of Shariah has generated debates and controversies as to whether the products designed from the traditional Islamic contracts truly align with the intention of the Law-Giver. It is often asserted that not all Islamic banks offer, genuinely, Islamic or Shariah-compliant product. Thus, this research became necessary to examine the Shariah compliance of some products offered by Jaiz Bank. Undoubtedly, there are several studies on Islamic finance, particularly on Islamic banking products. However, this research distinguishes itself from the existing studies focusing, specifically, on selected Jaiz Bank products and analysing their various several terms in the light of Shariah. The doctrinal method of research is adopted to examine the bank’s products. The terms and conditions of these products are analysed through the lens of Shariah. Upon the analysis, the research finds that the products used in designing the bank’s savings and current accounts substantially comply with shariah. It, however, observes that the terms of the savings account do not accommodate the two-tier mudārabah structure commonly practiced by Islamic banks. Meanwhile, the murābahah-related products adopted by the bank remain subjects of juristic disagreement. This research aligns with the juristic view that considers such murābahah-based products - as adopted by Islamic banks including Jaiz Bank – to be inconsistent with Shariah. Nevertheless, this research refrain from categorically declaring these products non-compliant, as in matters of ijtihād, no single opinion is deemed superior to another. Therefore, the study profers recommendations aimed at enhancing full compliance of the selected Jaiz Bank products.
OBJECTIVE SYSTEM IN ISLAMIC COMMERCIAL LAW: A CRITICAL EXAMINATION
Trade has always been the face of human history and united the world of different traditions, including Western and Islamic law, leading to the development of commercial laws and associated systems. The subjective, objective, and mixed/modern systems have developed worldwide in Western and Western-influenced commercial law, whereby the class of merchants, the commercial transaction, and the mixture are the determining elements, respectively. On the other hand, the morals and ethics of the parties involved in a commercial transaction and the resulting common good are central to Islamic commercial law. Therefore, it is not sound to narrowly categorize Islamic commercial law into one of the three commercial law systems common in Western and Western-influenced commercial law. However, since Islamic commercial law applies to all parties involved in business transactions regardless of their status as merchants, it has similarities with the objective system of commercial law. Accordingly, this article undertakes a comparative analysis of Islamic commercial law and the objective system by assessing the latter’s applicability in commercial law and analyzing the main features of Islamic commercial law. The article concludes that while Islamic commercial law shares similarities with the objective system in that both focus primarily on the nature of the transaction rather than the identity of the parties, it has the unique characteristic of combining law and morality. Accordingly, this article undertakes a comparative analysis of Islamic commercial law and the objective system by assessing the latter’s applicability in commercial law and analyzing the main features of Islamic commercial law. Furthermore, considering the evolving nature of global trade, the study evaluates how these findings could inform modern legislative reforms and legal education in mixed jurisdictions. The article concludes that while Islamic commercial law shares similarities with the objective system in that both focus primarily on the nature of the transaction rather than the identity of the parties, it has the unique characteristic of combining law and morality. Consequently, this paper makes an important contribution to the existing literature by not only identifying the place of Islamic commercial law but also highlighting its potential role in addressing the ethical gaps in contemporary commercial law systems.
PERBEZAAN PERUNTUKAN KESALAHAN KHALWAT DAN PERSEDIAAN PERSETUBUHAN LUAR NIKAH: KAJIAN TERHADAP PERUNTUKAN ENAKMEN JENAYAH SYARIAH (SELANGOR) 1995
Shariah Criminal Offences (Selangor) Enactment 1995 includes provisions for the preparation for illicit sexual intercourse under Section 26 and provisions for the offense of khalwat under Section 29. Offenses convicted under these provisions will first be examined for elements, characteristics, situations, and conditions during the enforcement stage before proceeding to prosecution. The existence of these provisions is to address actions contrary to Shariah, such as zina (adultery) and free mixing. Among the issues prompting the importance of this study is the increasing number of cases of khalwat and preparation for illicit sexual intercourse, as well as the public perception that these are only minor offenses. The confusion regarding the elements, enforcement, and prosecution of Section 26 and Section 29 necessitates a study to unravel the detailed differences between the two. The existence of terms combining both provisions as one in other states raises the question of whether they are actually the same offense. This study is conducted with the objective of examining the legal provisions for the offenses of khalwat and preparation for illicit sexual intercourse under the Shariah Criminal Offences (Selangor) Enactment 1995, scrutinizing the enforcement and prosecution procedures for both, and analyzing related cases. This study is conducted through literature review, semi-structured interviews with authoritative parties, and content analysis, specifically analyzing related cases. From the results of the study, the researcher found that these two provisions indeed have differences, such as in terms of elements. Section 26 emphasizes any act that indicates preparation for premarital intercourse, while Section 29 does not focus on the act itself, as the element of circumstances that raise suspicion of immoral conduct is sufficient to convict for the offense of khalwat.
PENENTUAN BEBAN PEMBUKTIAN DALAM PENGHAKIMAN KES FASAKH: APLIKASI MENGIKUT UNDANG-UNDANG ISLAM
This article examines the concept and application of the burden of proof in fasakh cases based on Islamic fiqh and Shariah law in Malaysia. This study employs a qualitative approach by analyzing classical fiqh texts, legal provisions, and Shariah court judgments to assess how the burden of proof is applied in fasakh cases. Findings indicate that the burden of proof does not always rest with the plaintiff; in certain circumstances, the defendant bears this burden when asserting facts that contradict the original state (al-aṣl), apparent facts (al-ẓāhir), or customary practices (al-‘ādah). However, inconsistencies between fiqh principles and Shariah court practices have led to judicial discrepancies, procedural delays, and an unjust burden of proof placed on claimants, particularly in fasakh cases based on financial maintenance claims or allegations of domestic abuse. This study highlights the importance of clearer understanding among Shariah judges and lawyers, as well as the need for standardized guidelines to align judicial practices with Islamic legal principles and enhance fairness in fasakh proceedings. Additionally, this study recommends that Shariah judges and lawyers undergo regular training on the application of the burden of proof and procedural standardization to ensure more effective justice in fasakh cases.
EXAMINING THE VALIDITY OF GENETIC FINGERPRINTS IN LINEAGE DETERMINATION UNDER ISLAMIC SHARIAH AND MALAYSIAN LAW
Genetic fingerprinting is a method that has gained a lot of scientific advancement in determining lineage, though its acceptance varies in legal and religious contexts. Most jurisdictions accept DNA evidence for use in paternity disputes; however, the debate remains whether it has a place under Islamic jurisprudence. Particular scholars admit genetic fingerprinting as corroborative evidence, especially in disputed parentage, unknown ancestry, and marriage validity, but under Shariah and Malaysian law, it will be conditional upon following established legal doctrines of ethics. This study examines the relation of genetic fingerprinting to Islamic principles and Malaysian law, highlighting its evidentiary role, limitations, and possible ethical concerns. In contrast, the research thus highlights how evolving DNA evidence functions toward lineage determination, especially from religious, legal, and scientific perspectives, giving implications for both Islamic and contemporary legal systems. Genetic fingerprinting has been adopted scientifically advanced methodology to confirm the pedigree or lineage from various legal and religious facets. It is also acceptable to most jurisdictions in the use of DNA evidence in paternity disputes but remains to be accepted under Islamic jurisprudence. Some scholars approve genetic fingerprinting as a corroborative proof, especially in cases of doubtful parentage, unknown ancestry, or relating to marriage validity. However, its application is still dependent on the conformity to the established doctrine of law and the ethical considerations set forth, both within Sharia and Malaysian legal frameworks. This study will delve into the interfacing of genetic fingerprinting with Islamic legal principles and Malaysian law to examine its potential as evidence, as well as any limitations it may have alongside ethical issues that may arise. Thus, the research highlights the evolutionary functions of DNA evidence towards lineage determination from religious, legal, and scientific perspectives, giving implications on both Islamic and contemporary legal systems.
ANALYSING THE POSITION OF THE LIBYAN INHERITANCE LAW ON PREVENTING WOMEN FROM THEIR INHERITANCE IN THE LIGHT OF SHARIAH
This study aims to investigate the position of Libyan inheritance law on preventing women’s rights to inheritance in the light of Islamic Shariah. The problem addressed in this study is the misalignment between Libyan inheritance law, particularly Law No. 6 of 1959, and Islamic Shariah principles, which negatively impact women’s inheritance rights. The study highlights the importance of addressing systemic obstacles and societal misconceptions regarding women’s inheritance rights. Doing so aims to pave the way for a more equitable distribution of inheritance. It employs a library-based research methodology and uses content analysis to examine and interpret relevant data. The results reveal that Islamic Shariah provides a transparent and equitable system for distributing property and assets of the deceased, ensuring women’s rights are safeguarded through predefined formulas. Despite this, the findings indicate that misconceptions and cultural practices often overshadow these principles. Although Libyan Law No. 6 of 1959 offers some protection to women, gaps still require urgent legislative reforms. Based on these findings, the study strongly recommends modernising and clarifying existing laws to better align with Islamic principles and effectively protect women’s inheritance rights in Libya, emphasizing the urgent need for these reforms.
PROTECTION OF HUMAN LIFE: A COMPARATIVE ANALYSIS BETWEEN SHARIAH AND CONTEMPORARY LAWS
In whichever religion, society, or civilization, protection of human life is of utmost priority. This is the reason that in Islam, human being has been created as the most honoured creature. Messengers were sent to guide human beings so that on the day of judgement they will not raise a defense that they were not guided. Despite of those guidelines, man rebelled, causing mischief, and blood shedding. Even though bloodshed is a problem against any civilization, the mainstream media has been targeting Islam as a religion attributed solely to bloodshed, while the Muslims embellish their religion as the protector of mankind. The purpose of this paper is to provide a comparative analysis on both sharia and contemporary laws as what are the legislative as well as enforcement mechanisms in place for the protection of human life. The finding of this paper provides that Shariah (Islam laws) has more provisions in protecting human life to compare to contemporary laws. Therefore, the paper uses comparative analyses between Islamic laws (Shariah) and legislations from Universal Declaration on Human Rights 1948, national laws (particularly Nigeria), and African Charter of Human and Peoples’ Rights.
SOROTAN LITERATUR TERHADAP KESEJAHTERAAN PASANGAN MUDA MENURUT UNDANG-UNDANG KELUARGA ISLAM DI MALAYSIA
Marriage is an important institution in shaping the well-being of individuals and society. The wisdom behind the legislation of marriage, such as fostering feelings of sakīnah, mawaddah, and raḥmah, as well as protecting various aspects of life, including intellect, lineage, and wealth, contributes to a prosperous life. However, marital breakdowns caused by various factors - such as financial problems, attitudes and behaviors, third-party interference, and others - impact the foundation of a harmonious family life. These family-related issues often affect young couples who have been married for less than five years, compared to those with marriage durations of 10 to 15 years or 15 to 20 years. They are also prevalent among couples within the youth age group of 15 to 30 years. Statistics show that divorces occurring within one to five years of marriage have been the most frequent over the past five years. Similarly, divorce statistics by median age record the highest divorce rates among individuals aged 30 to 34, followed by those aged 25 to 29, resulting in 23,000 divorce cases among young couples in a single year. Divorce and marital breakdowns give rise to secondary issues for young couples, such as mental health challenges, domestic violence, depression, economic instability, and other factors that negatively impact their well-being. Consequently, this article examines the issues affecting the well-being of young couples from the perspective of Islamic Family Law. A library-based research method was employed, exploring various sources such as academic writings, newspaper articles, and court case reports to gain an in-depth understanding of the well-being issues faced by young couples from the perspective of Islamic family law. This approach aims to identify opportunities for enhancing the well-being of young couples through further research, legislative and policy development, or empowerment programs for young couples by relevant stakeholders.
KEPERLUAN SPIRITUAL GOLONGAN ORANG KELAINAN UPAYA (OKU) DI MALAYSIA
People with disabilities (PWD) are often a marginalized group that faces significant barriers to experiencing spiritual fulfillment due to physical limitations, lack of support, and the absence of sign language interpreters in religious settings. However, these challenges should not justify neglecting or excluding them from fulfilling their religious obligations as prescribed by Shariah. Gaining knowledge of Islam and other spiritual teachings is essential, as it nourishes the soul and helps resolve inner conflicts, which ultimately has a positive impact on individuals. Therefore, religious authorities have a responsibility to educate PWD on religious practices, including how to pray, the rules of fasting, and how to communicate Islamic beliefs in a way that is accessible to this group. The aim of this research is to identify the spiritual needs of PWD and suggest improvements to facilitate their learning of religious knowledge. The study employs a qualitative methodology, using document analysis to explore this issue and review past studies. While there has been research on PWD, there is a lack of studies focused on their spiritual needs. The findings of this study suggest that relevant authorities have yet to adequately address the spiritual development and needs of this group.
KEDUDUKAN KETERANGAN PENDAPAT MUFTI MENURUT UNDANG-UNDANG KETERANGAN DI MALAYSIA: ADAKAH SEBAGAI PAKAR?
The application of expert opinion evidence in court has become increasingly significant as it assists judges in understanding matters beyond their knowledge, enabling accurate and fair decisions for all parties. A mufti holds an authoritative position within the framework of Islamic law and the fatwa institution and is frequently consulted by the public on matters related to Shariah. Issues arise when the court seeks opinions or testimony from a mufti. Can a mufti be summoned to testify in court, and is their testimony recognized as expert opinion evidence? This article aims to examine the status of a mufti’s opinion in Civil and Shariah Courts to determine whether it is accepted as expert opinion evidence. The study adopts a descriptive approach and content analysis by reviewing relevant legal provisions, scholarly articles, and decided cases in court. Findings reveal several legal “lacunae” and constraints in recognizing a mufti’s testimony in court as expert opinion evidence. Therefore, improvements are necessary, including harmonizing the categorization of expert opinions and the legal provisions concerning muftis under state Islamic Administrative Laws, should muftis be recognized as experts under the law.
ORGANIZATIONAL COMMITMENT AMONG THE NURSES IN MALAYSIA: PERSPECTIVES FROM SHARIAH AND POLICY
This study digs into the dynamic interplay of agreeableness and openness to experience, examining their tremendous impact on organisational commitment among nurses in Malaysia. Using a cross-sectional technique, 666 nurses were surveyed at Malaysian public hospitals. The intriguing findings show a significant relationship between agreeableness, openness to experience, and organisational commitment. Notably, nurses’ agreeable character and receptivity to experiences emerge as catalysts, affecting their self-organisational commitment and therefore fortifying the groundwork for heightened hospital efficiency. This study reveals the vital connection between individual characteristics and organisational commitment, offering light on the complex interactions that drive nursing performance and, thus, the overall success of healthcare services. This study also highlights the importance of organisational commitment from shariah and law perspective. Finally, the study provides practical implications for human capital and organisational behaviour.
SHARIAH STANDARD FOR THE ADOPTION OF ARTIFICIAL INTELLIGENCE NANNY: AN ANALYSIS OF POTENTIALS AND CHALLENGES
Artificial Intelligence as the contemporary advanced technology is been gaining recognition in every sphere of life in recent times. The increasing economic activities of households have triggered demands for house maid as more people wanted the service of a house made to sustain their social family structure needs. Family experts have suggested that people’s demand for house maid depends on the value of their time. A hirer whose time is worth $10 per hour can afford to hire a house helper for $5 per hour. At this juncture, hiring a nanny has become a household necessity for many families due to busy schedules, dual-income lifestyles, physical limitations, specialized skill needs, caring for elderly or disabled family members, frequent travel, or enhancing the overall quality of life by outsourcing domestic tasks. However, the disruptive AI nanny may offer consistent monitoring, personalized education, house routine, and childcare assistance. It can also provide remote parent monitoring and emergency response; however, ethical and privacy considerations remain crucial to many households perceiving AI as a complement, not replace, traditional caregiving. This study used the doctrinal approach of the qualitative method to critically analyze fundamental shariah standards required for the adoption of AI nannies. The study found that AI humanoid nannies in the contemporary can be considered as general items that can be adapted based on certain fundamental Shariah standards such as the intent of the operators, the social status of the AI nanny, the economic scale of producing AI nanny, the legal capacity of AI nanny and the physical features of AI nanny.
THE ENFORCEMENT OF THE PUNISHMENT FOR THEFT UNDER THE SHARIAH PENAL CODES OF NORTHERN NIGERIA
In 1999/2000, the introduction and application of Shariah Penal Codes in Nigeria, specifically pertaining to theft (sariqah), underwent significant changes. During this period, twelve Nigerian states embraced Shariah as a legal system alongside existing penal and civil laws in specific instances. Responding to this shift, seven of these states formally enacted Shariah Penal Codes as legal instruments for the state. Despite facing criticism from various quarters, including both Muslims and non-Muslims nationwide, these Shariah laws have been either fully or partially implemented and have become integral components of the legal framework in those states. The offense of theft, referred to as sariqah, is one of the transgressions addressed in these Shariah Penal Codes. This paper seeks to evaluate the provision for the offense of theft within the Shariah Penal Codes, scrutinizing its alignment with the principles of Islamic Criminal Law. Employing a historical research method, the author collected data through a combination of interviews and observations. The author visited states where Shariah laws were implemented to obtain first hand information and engaged with officials in Shariah courts. The research findings indicate that, while the provision for the offense of theft in Shariah Penal Codes is generally considered adequate, challenges may arise in the practical implementation and enforcement of these laws. A comprehensive exploration of the extent of alignment with Islamic Criminal Law and an examination of potential areas for improvement or challenges in practice were addressed in the complete research. Recognizing that this analysis is not exhaustive, there is a pressing need for a review and harmonization of laws across the concerned states.
THE ROLE OF THE SHARIAH BOARD IN PROTECTING AND PROMOTING THE STAKEHOLDERS’ RIGHTS IN BAHRAIN
Islamic corporate governance (ICG) is aimed at maintaining Shariah compliance in the Islamic finance industry. Thus, it seeks to achieve the strategic objectives of Shariah, that are maqāṣid al-Shariah. Accordingly, it should protect and promote the stakeholders’ rights if these rights are recognized by Shariah. However, the literature on the role of Islamic corporations in protecting and promoting the rights of the stakeholders is not sufficient in contrast to conventional corporate governance (CCG). This paper fills this gap by looking into how far the Shariah board in the Kingdom of Bahrain protects and promotes the rights of the bank, customer, and state with reference to the maqāṣid of Shariah, specifically, the maqāṣid of wealth as well as the laws of the Kingdom of Bahrain. After the discussion, it can be concluded that the Shariah board in the Kingdom of Bahrain significantly protects and promotes the financial rights of the bank, the customer, and the state but it failed in some aspects of law and maqaṣid of Shariah specifically the circulation, and specification of wealth under the wealth maqṣaḍ.
CABARAN DALAM MENANGANI GOLONGAN MAK NYAH: KAJIAN TERHADAP PENGUATKUASAAN UNDANG-UNDANG JENAYAH SYARIAH DI JABATAN AGAMA ISLAM WILAYAH PERSEKUTUAN KUALA LUMPUR
The growing number of ‘mak nyah’ in Malaysia from time to time is seen as more and more worrying. This group became a hot topic that was talked about by the community where some supported it and some strongly rejected it. Issues arise when this group is seen to be growing in number, but it seems that no strict action is taken against them so that there are a few of these mak nyah groups who become famous figures and even successful entrepreneurs. The writing focuses on the challenges faced by Religious Enforcement Officers in the Law Enforcement Division of the Department of Islamic Religion in the Federal Territory. This study was conducted to analyze what are the current ongoing challenges, whether they are still being faced or new challenges by discussing the issues in detail. The ‘mak nyah’ group is included under the provisions of Section 28, Men acting like women, of the Federal Territories Syariah Criminal Offenses Act (AKJSWP) 1997. The author also suggested improvements to enforce this offense more effectively. Research data was obtained from library research and interviews, the data was then analyzed using inductive methods and thematic content analysis. This study found that Section 28 of the 1997 AKJSWP has limitations for prosecuting offenses involving motherhood which is becoming more prevalent in this current era. Various challenges from several aspects are faced by PPA in enforcing this offense where there is a need for improvement to these challenges to deal with ‘mak nyah’ crime.
PERLAKSANAAN PERBICARAAN DALAM TALIAN DI MAHKAMAH SYARIAH NEGERI SELANGOR
The COVID-19 pandemic has affected the closure of almost all government and private premises, including syariah judicial institutions in the country. This affected the proceedings in court cases which had to be postponed due to the closure of the court. Case registration could not be carried out even though various complaints regarding family problems were received during the period of the movement control order (MCO). In order to ensure justice and avoid the continuous postponement of cases, the court operation initiative during the MCO period is implemented by conducting online hearings procedures. This study aims to examine the concept of online hearings according to the syariah and legal perspective as well as examine its implementation procedure in the Shariah Court of the state of Selangor. This study also analyzes emerging issues regarding online hearings based on current practice in court. Research data was collected through library research and interview methods as well as a qualitative approach through conceptual analysis methods and content analysis was used by dividing the data obtained into specific themes to achieve the objectives of the study. The findings of the study showed that online hearings do not contradict with shariah pronciples and should be implemented in accordance with the needs and public interest of the community. However, the loopholes that exist in the existing law as well as the lack of facilities based on current technological developments are still constraints to the implementation of online hearings more efficiently. Following adaptation to new norms during the pandemic, the medium of online hearings is seen to be capable of being a catalyst towards digital transformation to smooth the governance system in the Shariah Court.
APPLICATION SHIFTING THE BURDEN OF PROOF IN SYARIAH CRIMINAL CASES UNDER THE SYARIAH COURT EVIDENCE ENACTMENT IN MALAYSIA
Burden of proof is one of the significant aspects in the Syariah Court Evidence Enactment. Inaccurate application of burden of proof and shifting the burden of proof could affect a just handling and outcome of a case. Brief analysis found that the inaccuracy issues seemed to be caused by misunderstandings and different interpretations among the Syariah law practitioners. Thus, the objective of this paper is to mainly identify the legal provisions relating to burden of proof and shifting the burden of proof in the Syariah Court Evidence Enactment. Besides, the paper also aims to analyse cases in the Syariah court that considered issues relating to the application of burden of proof and shifting the burden of proof in syariah criminal cases. The paper adopts the legal research methodology based on the doctrinal and qualitative approach. The data is gathered through library research and documentation, which are then analysed applying critical content analysis methods. The paper finds that there are misunderstandings and different interpretation among the Syariah law practitioners relating to the application of burden of proof and its shift in syariah criminal cases. The paper is essential in explaining the application of the legal provisions relating to burden of proof and its shift in the Syariah Court Evidence Enactment. The paper will also identify issues that relate to misunderstandings among the Syariah law practitioners and subsequently, suggest improvements that can be implemented to increase the understanding among the Syariah law practitioners.
FAMILY LAW REFORM IN INDONESIA: ANALYSIS OF AGE OF ADULTHOOD IN MARRIAGE
This study discusses the problem of implementing Law no. 16 of 2019 concerning Amendments to Law No. 1 of 1974 about Marriage. Previously, the age of marriage in Article 7 provided an age limit of 19 years for men and 16 years for Women. The enactment of Law no. 16 of 2019 changes the age limit for marriage to 19 years for men and women. However, the disputed problem is that the age limit set by law does not take into account biological, sociological and other preparations for determining the age of marriage. Marriage law reform must be able to achieve harmonization between husband and wife in maintaining family integrity. The focus in this research is the Implication of Minimum Age of Marriage According to the Perspective of Islamic Law. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage? The research method used in this study is a qualitative type (library research) which is discriptive analysis. The approach used in this research is the Islamic law approach. The results of this research are that the minimum age limit for marriage in Law Number 1 of 1974 is that men aged 19 years and women aged 16 years are still considered teenagers in terms of biological, sociological and psychological maturity. If the marriage age is set at 19 years for women and 19 year old men, they are considered adults and can continue married life in the view of Islamic law.
SOROTAN LITERATUR TERPILIH TENTANG PELAKSANAAN TADBIR URUS YANG BAIK DALAM PENGELUARAN AYAM HALAL DI MALAYSIA DAN ISU BERKAITAN
Halal industry has become one of the agenda in the development of the nation’s economic growth. Several improvements have been implemented by JAKIM, JAIN or MAIN, as the main authority, to ensure that halal governance runs well including in the production of halal chicken meets the aspects of halalan toyyiban. There are also initiatives taken by other agencies as per their respective jurisdictions. However, issues related to halal chicken continuously arise, and it worries consumers. Thus, the study was conducted to analyse the effectiveness of the governance in the implementation of halal certification between the relevant agencies, and will further suggest the relevant halal governance framework. In order to ensure that the information collection process runs smoothly, this qualitative study uses two important instruments, namely document analysis and interviews involving those experts in the field. Research on these aspects would not complete without going through some reviews on the relevant literature. After making several search where literature sources were obtained, several themes have been formed and have been determined. The themes are: halal governance, issues and challenges of halal governance in Malaysia, legislation in halal governance in Malaysia and lastly good governance.
AMALAN PERJANJIAN PERKAHWINAN DAN PERCERAIAN DALAM KES TUNTUTAN PERCERAIAN: KAJIAN DI MAHKAMAH SYARIAH NEGERI SELANGOR
The rate of registered divorce application cases in the Shariah Court indicates a significantly concerning number and requires a proactive approach to ensure that these cases are resolved effectively. The current developments in handling divorce cases in the Shariah Court indicate that the court has adopted Alternative Dispute Resolution (ADR) as a method for resolving cases more efficiently in terms of time and cost for the parties involved. This study was conducted to identify the concept and legal status of Marital Agreements according to syarak and the laws and also its practice in divorce application cases in Selangor Shariah Court. The research data was collected through library research, case studies, and interview methods, and analyzed using a qualitative approach. This study found that the context of the implementation of Marital Agreements in the Shariah Court is broader than the concept of ta‘liq and allows parties to include any agreed-upon terms voluntarily in the agreement. Therefore, a comprehensive study of the implementation of Marital Agreements is found to have the potential to be an alternative for resolving any disputes in Shariah Court involving divorce application cases.
PENDERAAN DAN PENGABAIAN WARGA EMAS: KAJIAN MENURUT UNDANG-UNDANG DI MALAYSIA
Golden-agers are often referred to as elderly or veterans who have reached old age. In Malaysia, the use of the term ‘elderly’ refers to a person who has lived long, is old, or is getting old. Cases of elder abuse and neglect are considered to be an increasing concern, with older adults being denied adequate food and care, neglected, or left in hospitals and care. Issues and news stories about abuse are frequently published in newspapers and on social media. The situation is further complicated when it turns out that the perpetrators of this immoral act are usually family members such as children, sons-in-law, or grandchildren. Unlike the issue of child abuse, which often receives immediate attention from the media and society, the issue of elder abuse is often an isolated problem and is rarely reported to the authorities, so older people should be treated appropriately with access to adequate protection and support. Therefore, this article focuses on the issue of elder abuse and neglect through an analysis of the effectiveness of protection for older people involved in cases of abuse and neglect. The data obtained by the documentation method was then analyzed using content analysis and descriptive analysis methods. The results of this study show that existing laws in Malaysia are still insufficient to adequately protect the elderly. As such, some proposals for improving the welfare system for older persons, including government, private sector and community efforts to address and adequately address the problem of elder abuse and neglect are proposed.
THE CONCURRING HOLY WRITS ON ISLAMIC BANKING AND FINANCE (IBF): A COMPARATIVE LEGAL STUDY TOWARDS INTER-FAITH HARMONY ON COMMERCE
The Holy Qur’an, as the first primary source of the Sharia, determine the compatibility, or otherwise, of every product and transaction in the operations of the Islamic Banking and Finance (IBF) system. The same goes to all commercial transactions based on the laws of Christianity and Judaism; they must comply with the Bible and the Torah respectively. Hence, the objective of this article is to demonstrate the basic dos and don’ts of the system as enshrined in the said Holy Writs to enhance smooth operations of Islamic banking and interfaith harmony. The library, also called doctrinal, research was used in this article. The article advances the frontiers of comparative law research having found that the Holy Writs, being the Quran, the Bible and the Old Testament, have the same objective of assuring justice in all commercial dealings thus enhancing harmonious banking and other financial transactions nationally and internationally.
AN ESCALATING TRANSITION TOWARDS HALAL VACCINE CERTIFICATION IN MALAYSIA
In Malaysia, there is a need to provide halal certification for vaccine products. The Department of Islamic Development Malaysia (JAKIM) together with other relevant government agencies and the pharmaceutical industry have improved and expanded the scope and standards of Malaysian Standard MS 2424 Halal Pharmaceuticals-General Requirements (Malaysian Standard MS 2424) in 2019, which serves as general requirements references for the halal pharmaceutical including vaccine products. It is a positive movement. Currently, Malaysia only relies on vaccine products that are not halal or whose halal status is unknown. Although the development of this standard will be able to create a halal vaccine product certification system, however, the actual implementation of the standard by the Malaysian halal certification body (JAKIM) and the vaccine industry needs to be scrutinized, because it is a new standard revision. Therefore, the study on halal vaccines based on Malaysian Standard MS 2424 as a progressive transition towards halal vaccine products certification implementation in Malaysia is very important, especially to see how the implementation can be carried out. In general, the objective of this study is to analyze the regulations, provisions, applications, issues, and challenges of standards. To achieve these objectives, qualitative method approaches have been used in this research, data were collected through document analysis and semi-structured interviews conducted with relevant informants who are directly involved in the halal vaccines sector in Malaysia. The findings of this study show that, in implementing halal vaccine certification based on Malaysian Standard MS 2424, some several obstacles and challenges had to be faced by the stakeholders. At the end of the study, several recommendations were prepared to strengthen and facilitate the certification implementation of halal vaccine products.
RESOLUTION OF FAMILY DISPUTES IN ADMINISTRATION OF ESTATE BY AMANAH RAYA BERHAD
Despite being under the same laws, the practical aspects on administration of estate of a deceased person is different subject to case by cases basis. For some families, there are disputes that exists relating to the inheritance that must be resolved. Such occurrence of disputes may be caused by several factors. This include instances such as family members who are not satisfied with their portion, disagreement with the appointed personal representative and cannot forget with past problem between the family members. The existence of such disputes can affect the flow of estate administration and eventually lead to adverse implication including rendering the assets frozen due to absence of management application or causing delays in the estate administration. Being one of the administrative bodies, these are among the situations encountered by Amanah Raya Berhad (ARB) in their management of the deceased asset. As a personal representative with experience over 90 years in handling estate administration cases, ARB have developed their own practice to address the arising disputes. The aim of this paper is to discuss on how ARB addresses the family disputes in estate administration. This paper also will determine the suitability of mediation to be implemented by ARB as part of ARB practice in managing estate administration cases. This paper undertakes a library-based study as a research method through the analysis of selected materials including journal articles, academic writings, statutes and cases. The results of this paper shows that ARB is emphasizes on the aspects of discussion and negotiation in handling family disputes in estate administration. There is however, a room to improve on the aspects of disputes resolution, particularly via the implementation of mediation as suggested in this paper.
PERCERAIAN BAGI PERKAHWINAN YANG BERUSIA KURANG DARI TEMPOH SATU TAHUN DI MAHKAMAH RENDAH SYARIAH PETALING
This study examines divorce cases for marriages less than a year that were registered in the Petaling District Shariah Court. Divorce statistics generally continue to show an increasing trend, but it is more worrying when records show that divorces for marriages that are less than a year have also increased. Among the objectives of this study is to examine the concept of divorce according to the Islamic perspective and its practice according to Islamic Family Law in Malaysia. In addition, this study was also conducted to analyze cases of divorce for marriages that are less than a year in more detail from the aspects of the age range of the couple, their level of education, their level of financial and economic stability, the number of their current marriages and the method of the divorce as well as to identify the factors lead to the divorce for marriages that are less than a year. The data has been collected through library research, documentation and interviews while the data obtained were analyzed using thematic methods. Document sources are derived from the files in the Petaling District Shariah Court. The study found that the main factors that lead to this problem are economic and financial instability, neglect of responsibilities, attitude and moral problems, physically and mentally weak and third party intervention in the marriage.
AMALAN PENGURUSAN SULH DI JABATAN KEHAKIMAN SYARIAH
Nowadays Sulh is one of the methods of Alternative Dispute Resolution (ADR) which is much appreciated in Malaysia, especially in the Shariah Court. Therefore, this article analyzes the Sulh administration’s practices at the Department of Sarawak Shariah Judiciary (DSSJ), Kuching Division, Sarawak. This study aims to three main objectives, which are analyzing the definition, theory, concept, and practices of Sulh in Islamic jurisprudence as well as at DSSJ Kuching Division; and analyzing the administration aspect of Sulh Unit at the same location. The study applies three categories of previous literature sources, namely 8 sources of open literature, 19 sources of special literature, and 12 official sources from agencies with jurisdiction in Shariah law in Malaysia. Furthermore, this article uses three main methods in the data collection process: library research, interview, and document analysis. While the data collected for this study is from 2014 to 2020, which is for 7 years only. While the data analysis method uses three main methods, namely the inductive method, deductive method, and comparative method. The results of this study provide a summary of the three key findings. Firstly, the method of sulh has been successfully developed based on sources from the Qur’an, al-Sunnah, and the treasures of Islamic jurisprudence. Secondly, the sulh method is enabled as one of the methods in the ADR. Finally, this article also confirms the importance of specialization in the field of work as a Sulh Officer, especially the strengthening of soft skills such as communication skills, psychology, and counseling.
KEPERLUAN PEMBANGUNAN SISTEM TERAS PERBANKAN BERASASKAN KONTRAK SYARIAH DI MALAYSIA: SUATU ULASAN LITERATUR
This qualitative research analyses requirements on the development of Shariah contract based core banking system under Islamic finance legal framework in Malaysia. It is recorded not less than 500 initiatives to develop Islamic core banking system have been implemented globally. However, its development and previous studies related to it were focussed on operational requirements and system design. The attention on Shariah contract requirements which is the parameter in Islamic core banking system and its capability on achieving objectives of Shariah is still lacking. Apart from banking institutions’ reluctancy to try Islamic core banking system which its functionalities are yet to be proven, the studies on the development of core banking system under Malaysia’s Islamic finance legal framework is still limited that lead to Shariah compliance aspect being seen as irrelevant if it involves technology in nowadays digital banking era. Therefore, the objectives of this research are to identify suitable methodology for its development in Malaysia, to examine existing practices on its development, to analyses its capability in achieving objective of Shariah in Islamic banking, and to evaluate the prospect of its integration with Shariah contract requirements, blockchain technology and smart contract. The discussion in this article is fully based on library research and analysed via thematic content analysis. This article found that the previous studies have yet to examine methodology of its development under Islamic Financial Services Act 2013, current practices on its development, its capability as means to achieve objective of Shariah in Islamic banking, and its capability from Shariah compliance aspect aside from sustaining or enhancing its basic capability as one of the Islamic banking technologies in Malaysia.