Jurnal Fiqh

NUPTIAL AGREEMENT IN MUSLIM MARRIAGE: A JURISTIC ANALYSIS

Saheed Abdullahi Busari — 2024-06-30

The nuptial agreement is been gaining attraction in the Muslim environment in recent times because of the assumed benefit to protect either of the marital partners in the advent of divorce or separation. Prenuptial clauses usually take effect immediately after marriage consummation and every party can lay claim to the agreement in the event of a breach of agreement while postnuptial agreements are clauses agreed upon during the marriage period. Although there are complaints that Muslims from Western and non-Islamic societies might need prenuptial agreement in the place of khulʼ (redemption) to protect either party in the case of future divorces or separation, however, there are concerns about the rate of interest in the new couples from Muslim society opting for a prenuptial agreement.

This study explores the concepts of prenuptial and postnuptial and their associated use by Muslim couples in contemporary reality. The study will examine why Muslim couples from Islamic society are opting for nuptial agreement rather than khulʼ regulations in Islamic law and the need to identify essential thresholds in juristic conditioning for nuptial agreements in a Muslim marriage, especially in the case of Shartu fāsid (invalid conditions) in a marriage agreement. The study uses a doctrinal approach to gathering and analysis of data from an Islamic perspective. The study proposed useful suggestions from the finding on juristic conditioning in the application of prenuptial and postnuptial agreements in Muslim society.

دراسة فقهية تحليلية :(NFT) الاستثمار في الرموز غير قابلة للاستبدال

Noor Fatini Izzati Fadzil — 2024-06-30

Non-fungible tokens (NFT) are considered unique digital assets recorded on the blockchain whose ownership and authenticity cannot be duplicated, exchanged, or divided but can be transferred by the owner, allowing the selling and trading of NFT through the blockchain. This study addresses the issues relating to the extent of NFT compliance with Islamic law. It sheds light on the concept of symbols that are not replaceable and presents the opinions of contemporary jurists in dealings with NFT based on a juristic adaptation of these transactions.The study is qualitatively based and using an inductive approach to collect library information and analytical approach to clarify the issue and present the opinions of the jurists. The study found that investing in non-fungible tokens is legally permissible, but the principles of Shariah must be adhered to when dealing with them because they are among the things that were not prevented except by legal evidence. NFTs should be items of legal value that benefit people, and are free from illegal activities such as usury, fraud, and gambling. The study recommends an urgent need for Shariah scholars and technology experts to create an NFT platform that is compatible with Islamic Shariah, and allowing Muslims to participate in it.

METODOLOGI HUKUM ISLAM MENURUT ALIRAN DEOBANDI DI MALAYSIA

Ahmad Zulkernain Che Age — 2024-06-30

The significant influence of Deobandi scholars, known for their expertise in Hadith and the Quran, raises the question of what legal methodology is adhered to by the scholars of this school. A comprehensive legal methodology typically consists of uṣūl al-fiqh, qawā’id al-fiqhiyyah and maqāṣid al-syāri’ah. Today, the community has witnessed the rejection by some of these scholars by some of these scholars towards local practices such as maulīd ar-rasūl, tahlil and so on. This study has several importance implications, serving as a reference for future researchers, JAKIM, the State Department of Islamic Religion, and graduates of the Deobandi school itself. This study took the form of a qualitative study and involved interviews with nine Deobandi respondents. The results indicate that the Deobandi school does not employ a complete legal methodology, and there is inconsistency among the respondents when applying the legal methodology in the absence of the Qur'an and Hadith. These suggests that, maqāṣid al-syāri’ah is largely overlooked by the majority of the respondents.

SEWAGE WATER TREATMENT AND ITS EFFECT ON THE CLEANLINESS OF WATER: A REVIEW FROM ISLAMIC AND SCIENCE PERSPECTIVE

Mohd Mahyeddin Mohd Salleh — 2024-06-30

Due to the water combining with feces, sewage water found in the Sewage Treatment Plant (STP) is classified as mutanajjis. However, the wastewater cleaned with current technology in STP has created concerns, particularly among Muslims, over whether it can be classified as muṭlaq water or not. The purpose of this study is to compare the cleaning mechanism from an Islamic perspective with the sewage water treatment technique in Indah Water Konsortium (IWK) Malaysia. Next, to examine the treated sewage water and its impact on the law of ṭahārah in Islam. This study uses a qualitative approach using data collection techniques by document analysis, observations at the Regional Sewage Water Treatment Plant (RSTP) KL-Titiwangsa 2 owned by Indah Water Konsortium (IWK) Malaysia, interviews with Shariah and water experts, and laboratory analysis. The results of the study revealed that the wastewater treatment technology at RSTP Serantau KL-Titiwangsa 2 can change the status of water from mutanajjis to muṭlaq because it meets all the criteria for muṭlaq water set by the fuqaha. Through the results of laboratory analysis, the treated sewage water is categorized in the same category as muṭlaq water. Therefore, the water can be used for ṭahārah purposes. It also sheds light on the aspects of environmental sustainability from an Islamic perspective.

في ماليزيا: دراسة تحليلية تطبيقية (GLC) الزكاة على الشركات المرتبطة بالحكومة

Muhammad Lutfil Hadi Mohd Effandi — 2024-06-30

This paper explores the obligation of zakat on Government Linked Companies (GLCs), highlighting a disparity where most zakat is collected from salaries despite business taxes constituting over half of Malaysia’s tax revenue. The study aims to identify the shariah ruling concerning zakat on GLCs, by examining the requirements for zakat on both the payer and the wealth. It includes an analysis of Malaysian laws and fatwas related to zakat on GLCs, assessing the current applications and the feasibility of enforcing it on these entities. The study finds that al-fuqaha’ disagree on the obligation of governments to pay zakat on investment funds, with a majority deeming them exempt, while a minority advocate for their zakat obligation. The dispute arises from varying interpretations of zakat eligibility for certain types of governments’ wealth. Despite this, several Malaysian states have issued fatwas that seems to support the minority view. However, the enforcement of these rulings may be unconstitutional, due to some misalignments between state authority over zakat and federal authority over corporations