AHAS KIRKHS - Masters Theses
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Browsing AHAS KIRKHS - Masters Theses by Department "Islamic Revealed Knowledge - Department of Fiqh and Usul Al-Fiqh"
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Publication al-Wa`d (unilateral promise) and its applications in Islamic financial instruments(Kuala Lumpur : Kulliyyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia, 2010, 2010) ;Munirah binti KasimInformation Not Available9 28 - Some of the metrics are blocked by yourconsent settings
Publication Analysing shari’ah compliance in buy now pay later models : a comparative study of Shopee and Lazada(Kuala Lumpur : AbdulHamid AbuSulayman Kulliyyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia, 2026, 2026); Mohd. Fuad Md. Sawari, Ph.DBuy Now, Pay Later (BNPL) services have gained wide adoption in Malaysia’s e-commerce sector, particularly through platforms such as Shopee and Lazada, yet their compliance with shari’ah principles remains debated. This study examines the shari’ah compliance of Shopee Pay Later and Lazada Pay Later by focusing on three main aspects: the prohibition of ribā (interest), the avoidance of gharar (uncertainty), and the application of appropriate shari’ah contracts (takyif fiqhī). The study adopts a qualitative approach based on library research, publicly available online materials, and comparative analysis, as full BNPL contractual details are not publicly disclosed. It analyses fee structures, contractual relationships, and late payment mechanisms with reference to classical Islamic contracts such as bayʿ al-muʾajjal, murabaḥah, ijārah, wakalah, and qarḍ. The findings show that Shopee Pay Later, which has obtained shariʿah certification from Amanie Advisors, offers clearer contractual terms and greater transparency, whereas Lazada Pay Later lacks formal shari’ah certification and poses higher compliance risks, particularly regarding interest-related charges and penalty mechanisms. This study contributes by developing a structured analytical framework for assessing shari’ah compliance in BNPL models and by offering practical recommendations for regulators and industry players to support the development of shari’ah -compliant BNPL practices in Malaysia - Some of the metrics are blocked by yourconsent settings
Publication The applicability of Islamic criminal law in Brunei Darussalam :problems and prospects(Kuala Lumpur : International Islamic University Malaysia, 2010, 2010) ;Nurul Akmalina binti Haji YahyaIslamic Criminal Law, being a part of Shari`ah, contains efficacious measures to prevent and control crimes. In the scheme of Islamic law of governance, it is an incumbent duty on the executive authorities to implement them as part of their attempt to bring the whole social and individual aspects of human life in line with the requirements of the Shari`ah. We have seen that several countries have embarked on the Islamization of their legal systems including the penal laws. In South East Asia, countries like Malaysia have gradually moved towards the same direction by introducing ta`zir punishments for certain offences as defined by Islamic law; Brunei Darussalam has the same desire. To explore the possibility of such an implementation in Brunei, the study primarily aims at delineating its problems and prospects. To accomplish this, using qualitative methodology, the study addresses three main issues: first, it dispels the myths and misgivings which surround the concept of Islamic punishments, second, it identifies the existing legal hurdles for full application of such punishments in Brunei, and lastly, it explores legislative strategies which make such implementation feasible in the country. The study concludes that for the above dream to become a reality, three things are essential, namely, giving full force to the meaning of the relevant provisions of the constitution relating to Islam; amending several existing laws; and improving the existing legal institutions towards such an end.3 31 - Some of the metrics are blocked by yourconsent settings
Publication The application of build, operate and transfer (BOT) contract in Majlis Agama Islam Wilayah Persekutuan Malaysia (MAIWP)(Kuala Lumpur :Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia, 2010, 2010) ;Saidatolakma Bt Mohd YunusThis Build, Operate and Transfer (BOT) is a new concept applied in developing and constructing private and public infrastructures. It is a means of project financing and operating practiced primarily in the area of private infrastructure in developing countries. Recently, some waqf institutions have applied the BOT approach. The BOT structure gives a new direction in the field of waqf, as it enhances waqf property for public benefits. The involvement of waqf institution in developing its property and public infrastructures through BOT is a challenging exercise. The study examines the current practice of this contract in waqf institutions in general and in Majlis Agama Islam Wilayah Persekutuan with reference to the contracts applied in compliance with the principles of Shari„ah. Besides that, the study aims at identifying the Shari`ah issues and problems the waqf institution may face during the implementation of BOT. The study will look into the general idea of BOT contracts, its concept, structures, contents as well as operation. The methodology used in this study is archival research with emphasis on contemporary works on Islamic jurisprudence. The data and related information are collected from classical and contemporary books, conference and seminar papers, interviews and discussion.4 36 - Some of the metrics are blocked by yourconsent settings
Publication The application of maslahah in deciding faskh and hadanahcases in Shari`ah Court of Federal Territory of Kuala Lumpur(Kuala Lumpur :Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia, 2017, 2017) ;Herna binti NapingThis research seeks to analyse the application of maslahah in settling the cases of faskh and hadanah in the Shari’ah Court of the Federal Territory of Kuala Lumpur. Another primary focus of this research is to address the importance of the applicability of maqasid shari’ah and maslahah in family conflicts without rigidly applying a certain view of an Islamic school of thought. A total of 20 decided court cases were collected and analysed, ten faskh and another ten hadanah cases, which constitute as supporting data. Two methodological instruments were adopted to collect data; the first instrument was library research where various sources including books, documents, court cases and statutes were reviewed. The second instrument was analysis of court cases retrieved from the Shari’ah Court of Federal Territory of Kuala Lumpur. The findings indicate that the Court acknowledges the various sources of law which were not mainly and solely articulated based on the view of the Shafi’i school of thought. The judge in some occasions had duly applied the concept of maslahah in the sense that he was exercising his ijtihad if he found that there was a lacuna in the statutory law. He was capable of coming up with a departing reference from the provision in order to reach a just decision. These results demonstrate the success of the proposed examination in achieving the objectives of this study.14 34 - Some of the metrics are blocked by yourconsent settings
Publication Causes, impacts and solutions of abuse of the right of custody in Malaysia : a juristic analysis(Kuala Lumpur : AbdulHamid AbuSulayman Kulliyyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia, 2024, 2024); Sayyed Mohamed MuhsinThe instances of child abuse in Malaysia are deeply concerning, with 6,770 reported cases of children in need of care and protection in 2022, and a heart-breaking toll of 220 children losing their lives due to abuse over the past 5 years. This study delves into the intricate concept of ḥaḍanah (child custody) within Islamic jurisprudence, thoroughly examining its causes and impact on children. This study addresses the abuse of ḥaḍanah 's rights: dissecting the concept itself, uncovering the causes and repercussions of child abuse, and proposing solutions from an Islamic standpoint. Furthermore, by specifically analysing child abuse cases in Malaysia, this research offers pragmatic insights into the complexities surrounding custody matters. It employs a descriptive approach by gathering definitions from classical and modern jurists and practitioners. The analytical methods cover a wide range of activities, such as literature reviews, statistical analyses, regulatory reviews, and social and ethical evaluations. Fieldwork involves interviewing policy-oriented lawyers and doctors to identify major issues, and suggest directions for improvement in child welfare that could arise in child custody cases. The goal is to uncover the underlying causes of child abuse and its profound effects on children. The primary causes identified for child abuse in Malaysia predominantly arise from family disputes, financial problem and alcoholism, thus exerting significant physical and psychological impacts on children. Moreover, the abuse extends its repercussions beyond the individual, contributing to broader societal challenges. Ultimately, this study strives to provide vital insights that can guide parents, children, policymakers, and authorities in effectively combating child custody abuses, ensuring the safety and well-being of children.65 6 - Some of the metrics are blocked by yourconsent settings
Publication Commodity Murabahah as practiced by Islamic financial institutions : a critical analysis from fiqh perspective(Kuala Lumpur: International Islamic University Malaysia, 2010, 2010) ;Nur Farhah bt. MahadiCommodity MurābaÍah is an example of product innovation in Islamic banking and finance which is based on MurābaÍah and Tawarruq transactions. Both traditional and contemporary Islamic jurists hold different opinions on its legality in the light of Fiqh. This study explains the nature of Commodity MurābaÍah as practiced by Islamic Financial Institutions from the SharīÑah perspective and outlines the justifications for its permissibility and impermissibility. This study is aimed at understanding Commodity MurābaÍah trading especially the current practical operations and describing its preferred structures to facilitate Islamic financing products, Islamic investment and deposit services products, liquidity management products, Islamic hedging products, and Capital market products. This study presents a number of identified controversial SharīÑah issues and how the Bursa resolves those issues. This study attempts to illustrate in detail the business operational model of Commodity MurābaÍah as introduced by Bursa Sūq Al-SilaÑ operated by Bursa Malaysia. The illustration of 20 different diagrams portray the pith and marrow of the entire discussion on Commodity MurābaÍah trading which forms the current practical observation. This research evaluates the SharīÑah compliance status of the whole operation.21 42 - Some of the metrics are blocked by yourconsent settings
Publication Contemporary Islamic movements in Southern Philippines : Moro Islamic Liberation Front (MILF)(Kuala Lumpur :International Islamic University Malaysia,2000, 2000) ;Abdul M. LantongThis study examines the Moro Islamic Liberation Front (MILF), the contemporery Islamic movement in South Philippines. It analyzes the movement`s historical background, origin, ideology, objectives, means to achieve its objectives, programs and activities, its influences to the Moro people, and characteristics. The study used exploratory and critical analysis. And, the major sources of data are Salamat Hashim`s published works in English, press conferences, sermon (khutbah), speeches and lectures in Maguindanaon language which are recorded in audio tapes as well as the movement`s monthly publications. Furthermore, secondary sources like books, journals, news papers, magazines and internet articles which are relalted to the MILF are allso consulted. The MILF is currently leading the Moro jihad against the Philippine government. Its major aim is to make the word of Allah Supreme. Since 1970s, the MILF has been working for the independence of Mindanao, revival of Islam and establishedment of an Islamic state. It emerged as the continuation of the centuries-old Moro resistance againsty foreign domination and colonialism to maintain their religious belief, freedom and independence. It was originated by the young Moro students abroad led by Salamat Hashim, now and `alim, who firmly adheres to an Islamic ideology based on the concept of tawhid. Using da`wah and jihad as means to achieve tis goals, the MILF has been able to change the outlooks of many of the Moros into Islamic line. It has revived the spirit of jihad among the Moro youths, and Islamic order and government become the common aspirations of many of the Moro people. The MILF as an Islamic movement can be characterized as an advocate of Iislamization, having strong organization, military power, an self-reliance to reach the aim of Islamic revival. Using the Qur`anic guideline and the Prophetic experiences in dealing with his enemies, the MILF tends to be a pragmatic movement in dealing with the challenges posed by the Philippine government. Its policy is to fight the enemies if they fight and to incline with peace if they want peace until the goal is finally achieved.36 4 - Some of the metrics are blocked by yourconsent settings
Publication "E-fatwa" :a comparative analysis of Islamonline and Islam Q & A(Kuala Lumpur : International Islamic University Malaysia, 2010, 2010) ;Badmas, AbdulHameed YusufSequel to scientific and technological evolutions, electronic fatwa i.e. e-fatwa has become a phenomenon in the contemporary world. Arguably, it has become the most easiest means of getting fatwa, notwithstanding the geographical factor. Day by day, the number of websites devoted for fatwa making purpose has been increasing astronomically. While such means greatly assists in Da'wah outreach, the negative aspect i.e. distortion of Islamic teachings could not be overlooked. Against this backdrop, this work undertakes a study of e-fatwa within four chapters. Chapter One is composed of introductory remarks and other preliminary information about the work. Chapter Two elaborates on the concept of e-fatwa, its significance in dissemination of Islamic teachings, as well as the prerequisites of both mufti and mustafti. Chapter Three focuses on the comparative analysis of case study sites i.e. Islamonline and IslamQ&A with a view to highlighting some merits and demerits of e-fatwa. In pursuance of this, a number of fatawa from the case study sites in four major aspects, namely, Ritual, Matrimonial, Financial and Bio-Medical are considered. While Chapter Four presents the findings of the study with some recommendations deemed necessary for proper utilization of e-fatwa in view of its overriding impacts on Muslim daily life. The study adopts both analytical and comparative methods. The former method is used for the purpose of expatiating on the basic concepts of the study, essential ingredients of a correct e- fatwa, and for the explanation of the selected fatawa from both sites. Whereas the latter method is employed for the comparative analysis of those fatawa vis -a –vis their merits and demerits. Lastly, findings and recommendations of the study are stated.4 35 - Some of the metrics are blocked by yourconsent settings
Publication Gold Dinar as medium of transaction among Muslim countries :a fiqh perspective(Kuala Lumpur :Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia, 2010, 2010) ;Ayinde, Olorogun LukmanMoney in the form of hard currency was introduced in ancient times to overcome the obstacles posed by barter trade. Instead of goods being exchanged for goods with an approximately equal value, goods were bought and sold in the form of gold, silver or other precious metals. Only in later times, coins which worth their actual value were replaced by paper money, and their value guaranteed by the public treasuries of the issuing countries. These modern forms of currency are the basis of modern economies all over the world, the developed and the developing alike. Muslim countries are generally classified as ‘emerging markets’ based on the exchange power of their currencies on international markets. Following the lobbyists of leading economic countries – through their posited institutions such as IMF and World Bank -- the US dollar and European Euro form the major currencies while other currencies – among them the 58 OIC countries -- have been relegated to serving only as ordinary domestic means of transactions. The governments of all 58 Muslim countries are currently using US dollar and Euro in their international transactions. Fatwas issued on the permissibility of relying on foreign – and more importantly non-Muslim – currencies. This research aims to re-evaluate such an alleged permissibility based on independent reasoning (ijtihad) and the reinterpretation of the revealed text (Qur`an). The researcher discovered that their interpretations and applications of the revealed text with regard to the permissibility of foreign currency exchanges are untenable and go against Islamic compliant transactions. There exist numerous contradictory Islamic legal rulings which have no basis in the Qur`an and Sunnah forwarded by some scholars of Islamic Law to justify their position. The researcher concludes with a call to establish the Gold Dinar as a legitimate means of foreign exchange for Muslim economies. Muslim states have the obligation to emancipate themselves from their lamentable dependence on Western countries.8 30 - Some of the metrics are blocked by yourconsent settings
Publication Human embryonic stem cells (H-ESCs) for therapy and research purposes : a fiqhi analytical study(Gombak, Selangor :International Islamic University Malaysia,2010, 2010) ;Zizi Azlinda binti Mohd YusofThis research attempts to examine the Islamic point of view towards one biomedical case study, namely, human embryonic stem cells (h-ESCs). H-ESCs are claimed to possess a brilliant potency called pluripotency, useful in treating debilitating diseases which are known with their difficulties to find adequate healings. For instance, leukemia, multiple sclerosis, ischemic heart disease, Parkinson’s, Alzheimer’s and so on. This groundbreaking potential really makes scientists dream to re-grow damaged human tissues and organs. This may become a reality because h-ESC is an unspecialized cell and can differentiate into many types of cells. Some people claimed that it is a kind of hype only. In addition, the destruction of human embryos after extracting the stem cell involved in this method has created a lot of controversial debates based on ethic and religious perspectives that are either engulfing clinical purposes or research purposes. The researcher will hereby present the outlook of ijtihÉd in this modern medical issue by adopting Islamic ruling principles in terms of MaqÉÎid al-SharÊÑah and QawaÑid Fiqhiyyah. Furthermore, the researcher also examines the situation of h-ESC for therapy and research in Malaysia as a case study in order to know the progress of its applications. This study arrives at the conclusion that even the implementation of h-ESC for therapy and research as generally approved by National FatwÉ Council also known as Muzakarah Jawatankuasa Fatwa Majlis Kebangsaan Bagi Hal Ehwal Agama Islam Malaysia, it is still a debatable issue that questions human dignity (Íurmah). Due to that, the researcher is proposing a more cautious solution as she holds a different view from the Malaysia National Fatwa Council. Finally, some recommendations regarding this issue have also been included.27 7 - Some of the metrics are blocked by yourconsent settings
Publication A juristic analysis of fatawa in the U.S.A. : congratulating and partaking in the non-muslims` religious festivals(Kuala Lumpur :International Islamic University Malaysia, 2016, 2016) ;Zahir, Ali AhmedMuslims in the U.S. are increasingly looking to integrate into its society while trying not to lose their identity as Muslims. They find themselves in a dilemma when it comes to the issue of congratulating and even partaking in the festivals of the non-Muslims in the U.S. This issue has gained prominence and momentum after the event of 9-11, in which the Muslims wanted to show and prove their tolerance and acceptance towards others while trying to hold onto and maintain the core principles of Islam. For this reason, this topic is a hotly debated issue in the U.S. and the West in general and a cause of division and confusion amongst Muslims. However, in order to justify their position and feel that they are following the teachings of Islam, they turned to the Islamic scholars, both in the West and the Muslim world, regarding the permissibility or prohibition of congratulating and partaking in non-Muslim festivals. Hence, some scholars scrambled to pass fatawa that would make the lives of Muslim minorities living in the U.S. easier in order to better integrate and accept the culture and customs of its people without having to attract unnecessary attention. Though the fatawa of prohibition have been present in the books from the time of the classical scholars, they did not gain prominence and/or were not seen as a refuting force against the claim of permissibility, except after the dust had settled and emotions were not running as high as they were in the initial months and years following 9-11. This dissertation employs a qualitative methodology to analyze the fatawa of permissibility from a juristic, comparative, content and discourse point of view. By using these methodologies the researcher proves how the consensus of the classical scholars was broken, verses of the Quran and Hadith used out of context and/or weak, and contradictory statements made sometimes even in the same book. Additionally, this dissertation gives readers an insight, through a questionnaire that was conducted by the researcher, into how the Muslims in the U.S. perceive the issue of congratulating and/or partaking in the religious festivals of the non-Muslims. The study conducted found that 66% of Muslim respondents in the U.S. do not congratulate and partake in the religious holidays of the non-Muslims. It also found that 45% of Muslims in the U.S. believe that religious identity of Muslims will eventually be lost if they start to partake in the religious holidays of the non-Muslims, while 29% of respondents said maybe. Last but not least, it also makes an effort to educate the readers in the paganistic origins of some of the holidays in the U.S., which may have otherwise been overlooked by the Islamic contemporary scholars when issuing their fatawa of permissibility.2 31 - Some of the metrics are blocked by yourconsent settings
Publication Life insurance in Islamic law :a comparative study between Syarikat Takaful Malaysia Bhd and Takaful Ikhlas Sdn Bhd Malaysia(Gombak, Selangor : International Islamic University Malaysia, 2010, 2010) ;Shalim, K. M. Zakir HossainLife insurance is an important financial tool through which the individuals can obtain financial security for their families and businesses. Muslim jurists have different views on it. Some have maintained that it is permissible in Islam, while some others have rejected it. This study attempts to discuss and examine the different views of the Muslim jurists on this issue. In addition, in order to see application of SharÊÑah principles in existing Islamic life insurance companies, this study makes a comparative study between two leading takÉful operators in Malaysia. These are: Syarikat TakÉful Malaysia Bhd (STMB) and TakÉful Ikhlas Sdn Bhd (TISB).This study used two methods of data collection: library research and consultation with experts in Islamic insurance (takÉful) as well as interviews with the staff of STMB and TISB. This study has reached to a number of findings. Most important among them are: this research proves that life insurance is permissible in Islam, if some measures are taken to avoid some unlawful elements in it; both STMB and TISB are silent on the legal right of receiving takÉful benefits for a beneficiary who becomes a non-Muslim or apostate. Muslim scholars have criticized both STMB and TISB in this regard; both STMB and TISB apply the principle of tabarru‘ in their takÉful operations. After analyzing the scholars arguments on the proper applicability of the principle of tabarru‘ in takÉful operations, this study maintains that the concept of the tabarru‘ in both STMB and TISB should be reviewed. Additionally, this study finds that though the practices of Islamic life insurance in both STMB and TISB have rendered most of the SharÊÑah conditions, there are some issues which still need to be reviewed by the both STMB and TISB. In order for this review, this research suggests that STMB should repay the surplus to the policyholders; on the other hand, TISB should not take the responsibility of managing surplus or decision maker. This is because the policyholders are the main owners of the surplus. They are ones who should decide how surplus should be distributed. Moreover, this research also suggests that the balance shown in PSA as tabarru‘ should not be regarded as tabarru‘ for STMB and TISB; rather, it should be regarded tabarru‘ for participants of these companies because it is considered one type of gharar.5 30 - Some of the metrics are blocked by yourconsent settings
Publication The management of Tabung Masjid (mosque funds) in Selangor from maqasid al-shari‘ah perspective(Kuala Lumpur :International Islamic University Malaysia,2017, 2017) ;Nurhidayah binti Md NorThe dispute in the management of Tabung Masjid (TM) has been widely discussed in previous studies. However, the awareness in overcoming these issues are not given adequate attention. As the concept of Maqasid al-Shariah (objectives of Shariah) is to serve the interest of all human beings (جلب المصالح ) and to save them from harm (دفع المفاسد ), the use of this concept would help mosques to practice the effective management of TM. Therefore, this study attempts to scrutinise the management of TM in Selangor according to the Maqasid al-Shariah and thereby, examine the challenges faced by TM in Selangor that could prevent TM to be managed according to the Maqasid al-Shariah. For this purpose, the researcher conducted a survey on the management of TM in Selangor and analysed the relationship between TM in Selangor and the Maqasid al-Shariah in Islamic Jurisprudence. This study also presents the ways of managing TM in Selangor from the point of view of the Maqasid al-Shariah and explicates how this approach could offer better solutions for various TM issues and challenges. The result of this study can help improve the management of TM in Selangor as well as reduce the socio-economic problems in the society.2 23 - Some of the metrics are blocked by yourconsent settings
Publication Medical management of the intersex : a critical analysis from the fiqh perspective in the Malaysian context(Kuala Lumpur :International Islamic University Malaysia,2017, 2017) ;Muhammad Afif bin Mohd BadrolThis study is concerned with the gender classical definition of the person with ambiguous genitalia that does not fit into typical male or female category known as hermaphrodite or intersex. It also compares the Islamic position with that of medical science. It uses a qualitative method of articulating the above and examines as to how medicine can manage such a condition. It finds that Islamic countries, including Malaysia, depend on fatwÉs since they do not have a formal Islamic guideline at the time of this study. The bigger problem in medical practice is that it encourages medical intervention at infancy which may not fix the sex of such an infant when he/she attains puberty. Therefore, this study proposes that a medical guideline based on an Islamic framework can be helpful in dealing with this phenomenon7 32 - Some of the metrics are blocked by yourconsent settings
Publication Miracle in the Qur`an and the gospels :a comparative study(Kuala Lumpur : Kulliyah of Islamic Revealed Knowledge and Human Science, International Islamic University Malaysia, 2010, 2010) ;Oladimeji, Ibrahim Abdul-FataiA miracle is usually regarded as an extraordinary event which has religious significance in almost all religions of the world. This research work examines and analyzes the meaning, nature, source, role, and function of a miracle. The study is limited to miracles reported in the Qur'ān and the Gospels. In doing so, the parallel and particular features of miracles in both scriptures are underscored, analyzed, and compared. The research also distinguishes a miracle from a wonder of saint (karāmah) as well as from sorcery (sihr). This study involves mainly library research. It engages descriptive, analytical, and comparative methods to examine the miracles reported in both sacred scriptures. The study finds that miracles reported in the Qur'ān and the Gospels share a lot of similarities especially in terms of their role and function as proof of sincerity and truthfulness of the prophets in whose hands a particular miracle is demonstrated. If these similarities are given proper consideration, the religion of Christianity would find Islam does indeed share a wider religious cultural ground with it than many have imagined. This acknowledgment should bring about a much more cordial relationship in modern times between the two monotheistic religions.4 30 - Some of the metrics are blocked by yourconsent settings
Publication The phenomenon of free inter-mingling among students of opposite sex at IIUM :a juristic evaluation(Kuala Lumpur :Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia, 2010, 2010) ;Nurul Izzah Binti YahayaIslamic law as an all- embracing code of human behavior of human life, social and personal. In this context, it imposes certain rules when it comes to social encounter between the members of opposite sex in the course of day today social interaction. However, this Islamic principle seems not to have been properly grasped by many youngsters in our time. Even at IIUM some male and female students at IIUM involve themselves in free intermingling which according to Students’ Discipline Rules 2004 (Amendment 2006) of the university cannot be classified as legitimate social encounters. Accordingly, the researcher concerned herself with this question and conducted a survey among IIUM students. The finding of this study which involved 200 students from various Kulliyyah seems to confirm this assertion. The reasons leading to such a phenomenon include: first, lack of proper Islamic moral upbringing in the family; second, weak law enforcement at IIUM and lastly lack of overall reinforcement of good values in class and IIUM environment. Consequently, people at all these levels have a moral duty to internalize the law of haram and halal in social interaction among members of the opposite sex if we want to build a wholesome ummah.19 2 - Some of the metrics are blocked by yourconsent settings
Publication Potrayal of the elements of crimes in Malay films :a study from Shari`ah perspectives(Gombak, Selangor : International Islamic University Malaysia, 2010, 2010) ;Bahiyah binti AhmadThe crime scenes in films are like the spices in food. Food will not be tasty and delicious without spices. In the same way, films will not be thrilling without element of crime. Researches have been conducted in the West on the effects of the elements of crime in films and the media on the viewers. However, the positions of Islamic Jurisprudence towards crime elements in films are scarce, which inspired the researcher to conduct this study. Three films, namely; Semerah Padi (SP, 1956), Buai Laju-Laju (BLL, 2004) and Remp-It (RI, 2006) were chosen to analyse the elements of crime contained in them. The researcher tries to identify the crime elements, clarifies them according to Islamic Jurisprudence sources and finally proposes appropriate regulatory measures. The study discovers that there is disparity in the punishment to crime ratio in the selected films. In other words, the films are stuffed with more crime elements without appropriate punishments, thereby leaving the viewers with little or no lessons to learn. It is also observed that some criminals in most of the films were made to get away with the heinous crimes they committed, which is a dangerous signal to the public. Above all, the human Ñawrah, which is regarded as sacred and a source of fitnah if exposed to a ‘wrong person’ according to the Shariah is not respected in some of the scenes. The methodology adopted in this study involves the use of related literature available in libraries, field work and film analysis. The guideline in portraying the elements of crime according to the Shariah is the main proposal of this study. Some of the overall findings of the study are: First, the punishments and lessons that commensurate with the crimes should be portrayed more than the portrayal of the crimes in a film. Second, crime should not be merely portrayed without explaining its consequences in accordance with Shariah and Law. Third, Shariah never allowed any portrayal of action in film which is contrary to its guidelines, such as exposing the Ñawrah, let alone showing the clear action of the crime especially when it relates to seductive scenes. As a result of the these findings, the study thereby proposes a number of recommendations to all stakeholders in the film industry which include the film makers, the Malaysian Government and various regulatory bodies responsible for film production, such as Board of Film Censor of Malaysia (LPFM) and FINAS.34 3 - Some of the metrics are blocked by yourconsent settings
Publication Samasta`s methodology of ifta` :an analytical study of selected fatawa on marriage and divorce(Kuala Lumpur : Kulliyyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia, 2015, 2015) ;Muhsin, Sayyed MohamedDespite the fact Samasta Kerala Jamiyyat al-Ulama’ (founded in June 26, 1926) is the foremost Islamic organization with the largest number of followers in south India, its consequential contributions has drawn very little research attention in the academia and has remained unstudied in the field of Islamic studies in India and beyond. So far, no significant study has been conducted on the Samasta’s methodology of ifta’ though it has issued thousands of fatawa in the span of almost nine decades. Realizing this fact, this thesis focuses on the Samasta Fatwa Committee (SFC) and its methodology of ifta’. Using analytical and critical methods, the study scrutinizes the activities of Samasta scholars and their methodology of ifta’ based on manuscripts of fatawa, publications and interviews with muftun. In addition, the study analyzes and evaluates a group of selected fatawa of the SFC with special focus on fatawa issued on marriage and divorce. Thus, the researcher aims at examining the implementation of methods on the fatawa and their legal bases. The study notices that the SFC maintains absolute reliance on traditional authoritative legal texts of the four classical schools of Islamic law in finding the rulings of Shariah on issues posed to them. Given that the majority of Kerala Muslims are followers of Shafi`i School, the primarily used references by SFC are two sources: Tuhfat al-Muhtaj of Ibn Hajar al-Haytami and the Nihayat al-Muhtaj of al-Ramli. To sustain the complete comprehension of the issues with a yearning to uphold the unity of Muslims in particular localities, the SFC consults with concerned experts and strictly follows certain precautionary measures in the cases related to waqf, apostasy, marriage, divorce and other notable matters. The present study has proven that the SFC is not simply performing the duty of a mufti in Kerala but it plays dynamic roles with profound impact on society. The analysis of selected fatawa reveals that the SFC formulates its fatawa very carefully while considering the situations of mustafti with very clear and direct sentences. All the fatawa are crafted meticulously in line with the rulings derived by the classical scholars of the four schools of Islamic law.41 58 - Some of the metrics are blocked by yourconsent settings
Publication Shari`ah governance for islamic banking : an analytical study of the Pakistan experience /by Sahibzada Muhammad Wasim Jan(Kuala Lumpur : International Islamic University Malaysia, 2015, 2015) ;Jan, Sahibzada Muhammad WasimThe State Bank of Pakistan has introduced a new SharÊÑ’ah governance framework for Islamic banking in Pakistan recently which was influenced by its past and continues to influence the present Islamic banking legal and operational experiences. The research is designed to analyze critically its theoretical, historical, structural and operational aspects. It explores the main theme of SharÊÑ’ah governance framework and its formation in Pakistan’s Islamic banking system. It also examines the influence of different regulatory authorities on SharÊÑ’ah governance framework and identifies the roles and responsibilities of each organ in its operational structure. It uses the critical, analytical and comparative methodology. The study is mostly based on the available literature produced in the past and present related to Pakistan’s Islamic banking system. The result of the study reveals that SharÊÑ’ah governance is simply a complement of the traditional corporate governance system in addition to its Islamic worldview. The historical study discovers that Islamic banking is a religious and financial need for the large Muslim population of the country. It points out that there is an overlapping situation among the supervisory authorities but no specification is found for a decisive role of any high authority to deal with the Islamic banking issues. The State Bank of Pakistan and its SharÊÑ’ah Board need to be granted with exclusive decisive role regarding Islamic banking matters. It discovers that the present SharÊÑ’ah governance framework is lacking legal and regulatory strength. The composition of the SharÊÑ’ah advisory boards at the central level and the institutional level need more improvements in terms of the number of SharÊÑ’ah advisors and the criteria for their selection and appointment. There is no specific provisions of the roles and responsibilities and privileges of the main organs of the SharÊÑ’ah governance framework which is crucially required by considering the framework implemented by Bank Negara Malaysia. The local regulatory system must be enhanced and the SharÊÑ’ah governance framework should be backed by legal amendments in the current system to prevent any possible systematic disorder.13 25
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