Browsing by Author "Mohd Afandi Awang Hamat, Ph.D"

Bankruptcy is one of the worst conditions that individuals may face, and the Islamic lawmaker has warned against the provisions of religion, the leniency in its performance, and urged its elimination, as well as determine several means of its performance, including the share of debtors of zakat, and the establishment of the jurisprudence and conditions for the eligibility of the debtors. Nevertheless, the question remains about the status of the bankrupt in Malaysia, because it has not been discussed in the books of jurisprudence. Thus, this research seeks to demonstrate the eligibility of the bankrupt for zakat in Malaysia, particularly of the debtors’ category, and to clarify the ways in which the Office of Debt Default Management of Malaysia (MDI) issues decisions on the bankrupt and investigates the eligibility of the bankrupt for zakat at the Zakat Foundation in Selangor. Through the inductive approach, the researcher collected the relevant data, analyzed them, and then concluded the most important conclusions. The debtors are Muslim debtors and they are entitled to zakat. As for the reasons of bankruptcy as one of the most important factors in zakat entitlement, therefore the bankrupt is ineligible to receive zakat.

This research aims to show the extent to which the constructive possession has been achieved in electronic money, based on the regulations issued by the Central Bank of Indonesia related to it. It aims to highlight the extent to which Indonesian law in electronic money is consistent with the concept of possession in Islamic Jurisprudence. By evaluating the Indonesian Law on electronic money with the concept of possession among Fiqh Scholars, we can reveal the legality of using electronic money in Islamic Law. Because electronic money, with its large number of users, has left some controversial decisions in society. Among the controversial decisions issued by the Central Bank of Indonesia was bank regulation no. 20/6 / PBI / 2018; That the electronic money card issuer does not guarantee the cash value contained on the card when the card is lost from the holder. As well as a central bank decision that allows electronic money issuers to collect fees from users when topping up the balance. This research relied on the inductive approach in collecting data from the existing and available sources, and an analytical method in studying the data represented and the elements related to the topic. This research achieved several results, the most prominent of which are: The character of electronic money in Indonesia is related to the legal character that arises from the relationship between parties in electronic money. And the Central Bank of Indonesia regulation that allows issuers not to guarantee the value of unregistered electronic money when it is lost does not affect the legality of using electronic money under Islamic law. Because it does not contradict the possession theory in Islamic jurisprudence. Likewise, the central bank's decision to charge customers when topping up electronic money does not affect the legality of using electronic money. Because this fee is for services provided by the issuer to customers and is included in the lease agreement. And in the end, the researcher recommends the following: inviting Muslim researchers to thoroughly research the achievement of constructive possession in contemporary banking problems. Because possession has a close relationship with the contract, and knowing about the possession theory is important because we can know the obligations of all parties that arise after the contract through knowledge of the theory of possession.

This study aims to examine the effect of mazhab fanaticism on the issuance of Fatwa by reflecting on numerous cases of mazhab fanaticism among Muslims in the past and present, particularly in the areas of worship and marriage. This characteristic plays a vital role and influences the creation of Fatwas, which frequently incline and lead to divisiveness among mazhab followers due to disapproval and extreme behaviour by each follower. Due to that, the need to comprehend the background of "mazhab fanaticism," factors of the emergence, and provide a solution based on Shariah's perspective towards these issues is crucial to prevent Muslims from engaging in such extremist behaviour. This study conducted inductive, analytical, and comparative approaches to analyze and examine these issues to achieve these objectives. As a result, the findings showed that fanaticism behaviour is neither new nor came from Islamic history. This research determined that the emergence began when Allah S.W.T. instructed the angel to be submissive to Prophet Adam A.S., which Satan' Iblis' resisted. Because of his intolerance, Iblis was haughty and defied Allah's demand to prostrate, claiming he had been made better than Adam.Moreover, the result displays that factors of this fanaticism are closely linked to personality or the social surrounding, such as poor education or a negative influence on the custom. According to Allah's will, "mazhab fanaticism" can be cured as every sickness has a treatment. Hence, the author suggested that fanatics of the mazhab should expand their Islamic knowledge and foster a praiseworthy character, as it forbade them to speak about topics beyond their capabilities and tolerate differing viewpoints from others as differences among Muslim academics do not necessitate condemnation and reviling.