Browsing by Department "Islamic Revealed Knowledge - Department of Fiqh and Usul Al-Fiqh"

The 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.

ABSTRACT This research delves into the Islamic Legal Maxims related to family sustainability. Its objective is to shed light on the Islamic Legal Maxims used to resolve family problems. The research especially centers on southern Iranian families and the maxims employed by the fatw? authorities in southern Iran to resolve family problems. The study also highlights insufficient research on Islamic Legal Maxims that can contribute to family preservation and the repair of troubled family relationships. By examining these maxims, the research seeks to provide solutions for contemporary family problems. The importance of this study lies in its attempt to formulate practical approaches for addressing emerging family problems. It emphasizes that, when combined with psychological insights, Islamic Legal Maxims can offer appropriate solutions for family problems. Consequently, communities in Islamic countries can enhance family sustainability by utilizing the expertise of the fatw? authorities in southern Iran by applying Islamic Legal Maxims to preserve and sustain families. To achieve the study's objectives, the researcher employed three methodologies: inductive and analytical approaches, as well as field study. The inductive approach involved a comprehensive review of Islamic jurisprudence literature to identify Islamic Legal Maxims related to family sustainability. The analytical approach focused on specific family-related Islamic Legal Maxims, outlining major maxims and their sub-maxims. Additionally, individual interviews were conducted with religious scholars, social activists, and members of the Sunni Fatwa authorities in southern Iran to address relevant questions. The study concludes that Islamic Legal Maxims play a significant role in family sustainability. These maxims can prevent family problems and, when issues do arise, help find solutions. The study reveals a significant correlation between Islamic Legal Maxims and family sustainability. These Islamic Legal Maxims can be employed to prevent family problems and resolve existing ones.

Islamic legal maxims (al-qawa'id al-fiqhiyyah) constitute a crucial foundation in Islamic jurisprudence. They emerged as an independent discipline in the fourth century AH and have evolved through authorship and research until our present time. This study aims to identify the legal maxims related to combating and preventing infectious diseases, while clarifying the nature of these diseases and explaining how Islamic law addresses them. The study also seeks to examine the applications of these maxims in fatwas concerning infectious disease control in Malaysia. The researcher employed both inductive and analytical methodologies, given the multiplicity of legal maxims related to infectious disease control and the numerous fatwas issued by the Malaysian National Fatwa Council and the Federal States' Fatwa Councils on this matter. The researcher selected a curated collection of these fatwas for study and analysis. The study identified the fundamental legal maxims relevant to combating infectious diseases and their implementation mechanisms in specialized fatwas. Among the most prominent of these maxims is "There should be neither harm nor reciprocating harm" (lā ḍarar wa-la ḍirar), which has been applied in various contexts, including the suspension of activities in mosques and prayer halls during the COVID-19 pandemic and in fatwas concerning vaccination rulings. Another significant maxim is "The ruler's decisions regarding his subjects are governed by public interest" (tasarruf al-imam ʿala al-raʿiyyah manuṭ bil-maṣlaḥah), which has been applied in cases such as the fatwa on embalming bodies of those who died from infectious diseases for international transport purposes. The study concluded with a comprehensive presentation of the legal maxims and their applications in fatwas issued by the Malaysian National Fatwa Council and the Federal States' Fatwa Councils, highlighting the importance of these maxims in addressing contemporary issues related to infectious diseases

Security is considered to be an important factor in maintaining money. A successful bank is that which is able to plan and formulate its policies in a way that ensures and develops them in an incremental way. So, the issue of "Financial Security Policy" is considered one that deserves consideration and research. The study highlighted the Palestinian banks, and the Islamic ones in particular, which are all operating under the Israeli occupation. This is to form an introduction so as to show the difficulties and obstacles, on the one hand, and to show the importance of the study, with regard to the financial security policy of the Islamic banks, on the other . With reference to the core discussion, the study introduced the concept of "Financial Security" as a new concept derived by the researcher from various concepts such as "Economic Security", "Food Security". Then the study discussed the term "Policy" and traced its legislative roots, the concept of "Security", and the reciprocal relationship between both concepts. The study also showed the importance of Policy in realizing security, and the jurists' views on "Legislative Policy". The study focused on three main factors as the basis for any successful policy to realize security. These are: the "Human Capital", or what is called the "Human Resource" which includes "Employees and the Members of Legislative Supervision". The second factor is "Capital", especially that which is related to guarantee "al-9aman", "Liquidity" and procedures of improving it, taking into consideration the current situation in Palestine, and the possibility of applying the suggestions. The third factor is "Investment" which focuses on two models: the first is "joint-stock companies" and the second is "hire purchase" according to a suggested formula different from the traditional one. The study showed the importance of each issue in realizing Financial Security and the actual situation of the Islamic Banks connected to it. The study provided recommendations that might support, or help the Islamic banks in their policies to realize security, such as proper training of the employees and use of proper criteria in choosing supervisory board members, in addition of developing a good system of guaranteeing capital, benefit (al-rib}:i), and liquidity. The study also concluded that there is a need for proper mechanism to develop the investment instruments and promotion policies. The methodology used in this study is descriptive, analytical and comparative, which is necessary in this type of research.

ABSTRACT The idea of the research is summarized in the fact that it deals with the defects of marriage in marital disputes and the role of family conciliation offices in addressing these marital disputes through reconciliation between spouses; due to the noticeable increase in the number of cases filed with the offices, there seems to be an urgent need to identify these issues that threaten the stability of marital life and the entire society, this study aims to clarify the truth about the defects of marriage and their sections for filing a divorce case for defects in the Bahrain Family Conciliation Office, and discuss defects that prevent the achievement of the legitimate objectives of marriage and those that do not prevent this, as well as ways and means to prove legitimate marriage defects and to identify the ways and means of proving the defects of marriage. This study will adopt the inductive approach by reading jurisprudence books and tracing the statements of jurists on issues related to family reconciliation and reconciliation, the analytical approach when citing and analyzing the texts of jurists, jurisprudence books, Bahraini family law books and the statements of specialized workers in family conciliation offices, and the field study through a semi-structured interview with relevant officials and experts in the field of Bahraini family law in family conciliation offices, where they will be asked specific questions to collect data on reconciliation and family reconciliation cases. The study concludes after referring to the important and prominent role of family conciliation offices in settling marital disputes and the extent of the effectiveness of these offices and their compatibility in achieving the purposes of marriage: That the defects of marriage are not limited to what was mentioned in the books of jurists in the past; and that there are new defects in our time, so everything that applies to the jurisprudential controls is considered an influential defect; among the recommendations are the most important ones: Developing a legal document that gives the guardian the right to expand medical examinations according to the need and interest, and obligating the employees of family reconciliation offices to conduct reconciliation attempts more than once and in several separate sessions.

ABSTRACT In the contemporary digital age, electronic contracts have become a fundamental means of conducting commercial transactions worldwide. However, these contracts pose numerous legal and Shariah-related challenges that require in-depth study. This research aims to determine the Shariah position on the subject matter of electronic contracts, considering the established Shariah regulations, as well as exploring the practical challenges and issues that may arise due to the lack of clarity in defining the subject matter of electronic contracts. This study addresses the subject matter of electronic sales contracts in Islamic jurisprudence from both theoretical and practical perspectives. The research seeks to define the concept of electronic sales contracts and their elements, clarify the nature of the subject matter in these contracts, and derive the Shariah conditions and regulations for them, while verifying the extent to which e-commerce platforms comply with these regulations. The research employed the inductive method in gathering scientific material and the analytical method in studying the opinions of jurists and their deductions. Additionally, a case study was conducted on the Malaysian "Shopee" and "Afghanistan Online Shopping" e-commerce platforms, examining the nature of the goods sold on these platforms. The research concluded that an electronic sales contract is an agreement concluded between two parties via electronic means to transfer ownership of a good or service in exchange for a specified price. This contract can be adapted within the framework of known Shariah contracts, with due consideration of its unique characteristics in the digital environment. It was also found that the subject matter of electronic contracts extends to a wide range of assets, including tangible goods, digital services, and intellectual property rights. The study revealed that modern electronic payment methods are considered acceptable forms of consideration from a Shariah perspective in this context. The research was able to derive a set of Shariah regulations for the subject matter of contracts, which are in line with the objectives of Shariah in preserving the five necessities. Specific criteria were established for each objective to ensure the legality of electronic transactions. Finally, the applied study revealed a notable variation in the extent to which e-commerce platforms comply with Shariah regulations.

This study attempts to highlight the violations in the chapters of the Sharia at some of the Islamic universities in Indonesia, as well as to find the reasons for these violations, and to looking for ways to reduce them. This study relies on the critical inductive and analytical approach by identifying the ideas of those who violate the categorical terms, and by extrapolating the literature, publications, research and letters as well as by analyzing their statements and evidence to find out the reasons for those violations. This study is then conducted on the reality of the categorical ones as understood by the fundamentalists by extrapolating their writings and analyzing their statements as their goal is to find ways to reduce those violations. This study reached some important results: as the primary goal in establishing Islamic universities in Indonesia is Hto generate scholars and thinkers who understand the legal rulings with a correct understanding according to what Allah wants and is satisfied with, in order to preserve this sound Sharia and its transmission throughout the country." Unlike today's reality, some thinkers appeared who wished to change the constants in the Sharia according to their interests. Also, the reasons for the emergence of definite violations in some Islamic universities in Indonesia are their fascination with the hermeneutic approach in interpreting definitive texts, and methodological errors in dealing with the Sunnah and consensus. Therefore, returning to the correct interpretation of the definitive texts, strengthening the teaching of the science of jurisprudence, and strengthening skills in the Arabic language, especially in teaching fundamental subjects, are the means to limit violations of the determinants. r.