Jurnal Syariah

INTERNATIONAL CIVIL AVIATION LAW INSTRUMENTS AGAINST AIR TRANSPORT TERRORISM: AN ANALYSIS FROM THE ISLAMIC LAW PERSPECTIVE

Ismail Adua Mustapha — 2024-04-30

Air transport terrorism is as old as the emergence of civil aviation itself. Illegal acts such as “air piracy” (aircraft hijacking); “aircraft destruction”; and kidnapping of passengers (“hostage-taking of passengers”) were popular ways of terrorizing air transport. To guide against the continuous perpetration of these heinous acts, the International Civil Aviation Organization member states wagged war through certain instruments such as definition, punishment, extradition of the offenders and the State with jurisdiction over the offence are stated in the anti-air terrorism conventions. Yet the various acts of terrorism persist to the extent that new emerging aviation terrorism activities are springing up either for political, economic or religious ideology. It is on this note that this paper analyses the instruments from the Islamic law perspective to the dynamism and development of Islamic law in its interaction with modern issues or practices such as civil aviation terrorism. The paper is doctrinal wherein qualitative legal research methodology is adopted. The primary and secondary sources of international civil aviation and Islamic law are analysed to achieve the aim and objectives of the paper. It is found that the act of air terrorism is rightly impermissible under Islamic law. It further finds that the definition of the offence under Islamic Law is wider than that of conventional law; jurisdiction is universal; punishment is more severe; and extradition is compulsory. The paper concludes that the act of terrorism in whatever form is tantamount to waging war against the principle of Maqasid al-Shari‘ah. The paper therefore recommends an urgent review of international civil aviation law instruments against air terrorism, particularly the provisions relating to punishment and jurisdiction, to be in line with Islamic law.

TADBIR URUS SYARIAH BAGI PENYELESAIAN ISU-ISU PEMBANGUNAN WAKAF DI MALAYSIA: KAJIAN KES DI BEBERAPA NEGERI TERPILIH

‘Adnin Ibrahim — 2024-07-17

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.

WAKAF PERKHIDMATAN: PERSPEKTIF FIQH DAN CADANGAN PELAKSANAAN

Zubair Amir — 2024-07-17

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

Sumitra Valaitham — 2024-08-01

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.

STRATEGI PERHUBUNGAN AWAM ISLAM DAN PERANANNYA DALAM MEMBANGUNKAN MASYARAKAT MADANI

Ahmad Al-Munzir Ridzuan — 2024-10-17

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.

CHALLENGES OF AL-FARĀ’IḌ APPLICATION IN A MULTI-RELIGIOUS SOCIETY: THE CASE OF YORUBA MUSLIMS OF LAGOS AND OYO STATES, SOUTHWESTERN NIGERIA

Jamiu Muhammad Busari — 2024-10-27

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.

THE PHENOMENON OF WIVES SUING FOR DIVORCE: A STUDY IN INDONESIA-MALAYSIA BORDER COMMUNITIES IN SAMBAS, WEST KALIMANTAN

Asman — 2024-11-04

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.