Browsing by Author "Fatimah Karim, Ph.D"

This research aims to clarify the position of the Islamic Council of the State of Yala regarding divorce matters, highlighting the reasons leading to divorce and the consequent effects of its prevalence among the Muslim community in the state of Yala. It also seeks to elucidate the solutions proposed by the Islamic Council for divorce issues within the Muslim community from a jurisprudential perspective, outlining their legitimacy under Islamic law. The researcher developed a primary research tool using an inductive approach to collect the opinions of jurists by examining relevant information from their books. Additionally, an analytical method was employed to explain the various statements and evidence of jurists concerning divorce issues. A field study was conducted, which included interviews, visits, and follow-ups with five cases (samples) of divorced individuals, as well as five people among scholars, Shariah legal practitioners, and members of the Islamic Council committee, and two professors and academic experts from bodies related to the subject. The research is structured into four main elements. It begins by defining divorce and its ruling and the rights of divorced women in Islamic jurisprudence. Then, it explores the stance of the Islamic Council of the State of Yala on divorce matters, followed by identifying the reasons leading to the spread of divorce in the state of Yala and its associated effects. Finally, it discusses the proposed solutions by the Islamic Council of the State of Yala regarding divorce issues within its Muslim community. Among the key findings, the researcher identified major reasons for the prevalence of divorce in Yala state, including husbands neglecting the rights of their wives, unfair treatment among wives, involvement in drug and alcohol abuse, and ignorance of correct Islamic family laws. This study concludes by emphasising the necessity for Islamic councils to collaborate with all parties in addressing family issues within the community, especially at the governmental level, to promote societal peace and resolve family problems effectively.

This study aims to shed light on the issue of the high cost of marriage gifts among the Malay community in Singapore. This is by clarifying the concept of dowry and marriage gifts, justifying the relationship between them from a jurisprudential and analyzing, and discussing their high cost from the perspective of Islamic jurisprudence and the Maqasid Sharia. This study also discusses the problems of the high cost of wedding gifts and the impact on the life of the Malay Muslim community by presenting the appropriate practical solutions to this issue in the light of the Maqasid Sharia. To achieve the intended objectives of the research, the researcher used the inductive method in collecting information about marriage gifts and their high prices from various sources and references. The descriptive and analytical approaches were used in analyzing the opinions of jurists and scholars on the subject and how to address the issue in the light of Maqasid Sharia. In addition, the researcher used the field study by distributing questionnaires to the Malay community in Singapore, who are 21 years old and above. The purpose is to obtain their views and experiences on the issue of the high cost of marriage gifts, to understand the extent of their thinking about the implications of the phenomenon of the high cost of marriage gifts, what the solutions are, and the extent to which the practice is compatible with the purposes of Sharia. The study concluded with a set of results; the most important of which is that the marriage gifts are a sincere form of cooperation and a show of responsibility from the husband to the wife and her family. As for now, its practice is to show the husband’s economic level and the wife’s scientific and practical level. The researcher concluded the study with a set of suggestions and recommendations, the most important of which is emphasizing the importance of understanding Maqasid Sharia, especially with regard to marriage, particularly with the parents.

This study aimed to examine the reality of cash waqf in Islamic Jurisprudence, explain the ACT Foundation, its history and role in Indonesian society and reveal the phenomenon of cash waqf/cash endowment in Indonesia to finance the ACT Foundation. In addition, to disclose the methods and controls for investing cash waqf in the ACT Foundation and confirming its accordance with Islamic Jurisprudence and presenting issues related to cash waqf and highlighting the proper solutions to fund the ACT Foundation. This research attempted to answer the two main questions: Firstly; the nature of cash waqf, its role in financing the relief institution and operating its activities in accordance with Islamic Jurisprudence. Secondly; The method of investing the cash waqf and the nature of the contract between the foundation and the donors to achieve the beneficiaries’ benefits. The researcher used the inductive approach in order to deal with the information, data, and details regarding the cash waqf and the opinions of Islamic jurists on its legality, provisions, methods of investing and investment controls at the Foundation to provide for its needs in operating its relief activities, as well as the analytical approach by analyzing the issue of cash waqf in the ACT Foundation, methods and control of its investment in all its legitimate and legal aspects. The researcher adopted the field study in order to reveal information through an interview with the Director of Research and Development to confirm the legal procedures, as well as an interview with the Director of Research and Digital Transformation of the Indonesian Endowment Authority (BWI). As a result, the researcher has arrived at some valuable results. The institution used high-risk investment to develop cash waqf assets. Furthermore, all the procedures in the investments are based mostly on the process of substitution (istibdal) from cash waqf to other forms of waqf. All of these investments are managed based on sharia regulation. The study recommended that the ACT Foundation and other humanitarian organizations conduct a feasibility study for the investment of cash in waqf, so that waqf property is not ruined or lost. It is hoped that it will continue to provide the benefits of waqf for mauquf alai.