Universiti Putra Malaysia
Download Latest Complete Journal - JSSH Vol. 25 (S) Mar. 2017
No.ArticlesDownloads
1
Full Article
(Downloads: 5)
Abstract (Viewed: 2)Performing Sufi practices is one of the ways of getting closer to Allah and achieving the level of gnosis (ma'rifa Allah). The objective of this article is to assess the Sufi rituals offered by Sayyid Abdul Rahman bin Sayyid Muhammad Zayn, known widely as Tok Ku Paloh. He was a famous Sufi figure in the Nusantara region based on his manuscript entitled Ma'arij Al-Lahfan Li Al-Taraqqi Ila Haqaiq Al-'Irfan (The Ladder for the Thirsty to Achieve Ma'rifa). This is a qualitative study using the content analysis method based on the treatise. The study found that the Sufi rituals accomplished by Sayyid 'Abdul Rahman Al-Aydarus were systematically presented, covering fundamental aspects in Islamic spirituality such as repentance (tawba), prayer (du'a), invocation (dhikr) and contemplation (muraqaba). This article is based on the premise that Sayyid Abdul Rahman Al-Aydarus has essentially highlighted one of the best manuals of Sufi practices to be revealed to the public in his time. Consequently, many of these Sufi practices are still practised in modern society today. Dhikr, ma'arij al-lahfan, ma'rifa Allah, Sayyid 'Abdul Rahman Al-Aydarus, Sufism rituals
2
Full Article
(Downloads: 5)
Abstract (Viewed: 1)Desire (iradah) in humans refers to a person's instinct to achieve or the 'wants' that emerge from the ultimate desire for something. It pertains to matters concerning the hereafter. This article emphasised the concept of 'human desires' that is found in the Quran based on the thinking of al-Ghazali. It also guided by his famous literary work, Ihya' Ulum al-Din. Using the content analysis method, this qualitative study postulated that Al-Ghazali had presumed that the trait of desire in people refers to a deep sense of longing. This trait is used to achieve happiness in the hereafter as well as in efforts to encounter Allah SWT, when all pleasures and indulgences in life become insipid to someone who does not possess this trait. The study concludes that al-Ghazali recommended that proper guidance in understanding the concept of 'human desire' and applying it can diffuse conflict produced by human desire. Al-Ghazali, human desire, Ihya' Ulum al-Din, Quran
3
Full Article
(Downloads: 3)
Abstract (Viewed: 2)The Quran has been revealed by Allah SWT as a primary source of Islamic law, followed by the Hadith, the Ijma' and the Qiyas. Scholars of the past, including in Terengganu such as Shaykh Abdul Malik and Shaykh Abdul Qadir, have been known to use direct Quranic quotation methods in their manuscripts. The direct Quranic quotation methods in the Kitab al-Kifayah, for example, are likely to differ from the Kitab Risalah Hukm al-Bay' Wa al-Riba. In this paper, the researchers studied the respective authors' background and the direct Quranic quotation methods employed in their manuscripts. This histography study uses the documentation method to achieve the above-mentioned objective. This study finds that there are both similarities as well as differences in their direct Quranic quotation methods. They employed similar quotation techniques by not stating the name of the surah and its verses in their respective manuscripts. In contrast, however, Quranic verses in the Kitab al-Kifayah were used mainly to explain stories and/or metaphors found in the Quran, whereas the ones in Kitab Risalah were mainly used to contextualise arguments in fatawa-issuance. As a result, the number of Quranic verses used in the Kitab Risalah Hukm al-Bay' are significantly higher than in the Kitab al-Kifayah.Quran, Shaykh Abd al-Malik bin Abdullah, Shaykh Abdul Qadir bin Abdul Rahim, Terengganu, writing methods
4
Full Article
(Downloads: 3)
Abstract (Viewed: 2)The debate on Salafiyyah has been ongoing since the early 20th century during the reform (Islah) movement in Egypt and its neighbouring countries. The movement affected local Muslim scholars who had been studying abroad, especially in Saudi Arabia and Egypt, who brought is influence back to their homeland. The objective of this study is to describe the background of the Salafiyyah that spread to Malaysia, especially Terengganu. It also aims to examine the views of several Muslim scholars in Terengganu on the matter. This descriptive study combines both literature review and field study. For the literature review, references such as books, theses, journal articles and paper work were consulted. Interview sessions with the selected scholars were conducted using a structured questionnaire. The findings show that this movement spread in Malaysia from the Islah movement in the Middle East countries and the influence of Malaysian students who studied in Makkah, Egypt and India and brought back these new ideas to Malaysia Influence, Islah, Muhammad Abdul Wahhab, Salafiyyah, spread
5
Full Article
(Downloads: 5)
Abstract (Viewed: 1)This article discusses the concept of Al-Qanun Al-Kulliy as a philosophy in under-standing the meaning of the verses of the Qur'an and Hadith of the Prophet (S.A.W), both of which are needed in understanding faith-related issues. The concept here is that sense of purpose, considered priority in outward evidences of Islamic law, which has drawn criticism from Islamic scholars who cling to the methods of the Salaf al-Salih. To understand the concept of Al-Qanun Al-Kulliy, this paper relies on the analysis of some related sources, the study of which has shown that Al-Qanun Al-Kulliy is a philosophy in understanding matters of faith that was adopted by some theologians (Ahl al-Kalam). The paper also shows that Ibn Taimiyyah and his student, Ibn al-Qayyim, are among Muslim scholars who maintain firm criticism of Al-Qanun Al-Kulliy on the premise that it denies many faith-related issues stipulated by the texts of personality (qat'iy). The paper adopts a qualitative approach, being mainly a library-based research study. The aim of the paper is, therefore, to maintain Al-Qanun Al-Kulliy as a means to understand-ing faith in Islam if properly employed. Faith, Islam, kulliy, philosophy, qanun
6
Full Article
(Downloads: 4)
Abstract (Viewed: 1)This paper aims to elucidate some philosophical foundations underlying education in the Islamic weltanschauung. The qualitative method of philosophical analysis is employed for the purpose of this study. The finding of this study is the significance of four philosophical foundations, namely, the ontological, epistemological, theological and axiological, which are essential for developing a theoretical framework for Islamic education. The ontological foundation, which pertains to the theory of existence or being, focusses on human nature and man's integrative components and functions. The epistemological foundation illuminates the nature of knowledge, its sources and methodologies. The theological foundation constructs the Islamic belief system based on the unity of Divinity and the tawhidic paradigm. The fourth foundation is the axiological, which emphasises certain key values underlying the Islamic value system. This study has some implications on Islamic education. The ontological foundation strengthens the philosophical basis of Islamic education, while the epistemological foundation provides curricular implications on its content and both the theological and axiological foundations are significant for the methodological processes of education. Together, they ensure a holistic personality as the final product of Islamic education.Holistic personality, integrated curriculum, Islamic education, Islamic worldview, philosophical foundations
7
Full Article
(Downloads: 5)
Abstract (Viewed: 1)This article aims to evaluate the theological thought of Badiuzaman Said Nursi in the light of the doctine (aqidah) of Ahl al-Sunnah wa al-Jama'ah or briefly known as Sunni. It uses the qualitative methods of analytical evaluation and content analysis. It mainly evaluates Nursi's ideas derived from his primary sources including his speeches and writings including his masterpiece, Rasail al-Nur. The evaluation of Nursi's theological thought is divided into four aspects. The first aspect is the methodology of deriving legal verdicts, which is primarily divided into dalil al-naql (revelation) and dalil al-aql (reason). The second aspect is the pillars of faith (iman), which are firm belief in Allah, angels, the divine books, the prophets, judgement day and predestination. The third is related to the divine attributes and the beautiful names of Allah. The final is the different doctrines of various sects (mazhab) such as Mu'tazilah, al-Qadariyyah, Syiah Rafidhah and Zindiq (atheists). This study found that all four aspects of Nursi's theological thought are consistent with the principles of Sunni doctrine and the methods applied by Sunni scholars. Hence, it is concluded that Nursi made invaluable intellectual endeavours to defend Sunni doctrine through his speeches and writings.Ahl al-Sunnah wa al-Jama'ah, aqidah, Badiuzaman Said Nursi, Islamic civilisation, Islamic doctrine, Islamic thought, Sunni beliefs
8
Full Article
(Downloads: 5)
Abstract (Viewed: 1)The banking business is very competitive and requires good strategies, thus, the use of information systems in the daily operation of banks is considered critical. This paper is aimed at determining the effects of strategic information systems on the strategic performance of Islamic banks. The sample of the study population was randomly selected, and a total of 302 questionnaires were distributed among Islamic bank executives in Kuala Terengganu, Malaysia. The analysis was conducted using a second generation multivariate analysis, also known as Structural Equation Modelling (SEM). The results of the study reveal that strategic information systems have a positive effect on the strategic performance of Islamic banks, especially in terms of flexibility and cost reduction. The paper reveals that Islamic bank executives and stakeholders are obliged to fully comprehend the relevance of strategic information systems in enhancing strategic performance of organisations. Contingency theory, Islamic banks, Malaysia, strategic information systems, strategic performance
9
Full Article
(Downloads: 4)
Abstract (Viewed: 1)Islam encourages seeking money and earning a living and control of spending habit based on morals. It forbids spending money through illegal means and has established rules for financial transactions on the basis of consent. Ujrah (hire) is considered the most important issue for an employee, and it is the focus of the relationship between him and his employer. Sharia and law clearly explain haqq al-ujrah (hire rights), an agreement between the employer and the employee for work done. Islamic scholars unanimously agree that the reward is either in cash, kind or benefit. However, scholars have different opinions regarding ujrah al-hijam (cupping hire) and taking reward for Quranic teaching. Reward is one of the pillars of contract, and the employer should pay without delay. Jurists also have different opinions regarding ijarah al-nafaqah (feeding and clothing in exchange for work). The most important findings of this study is that haqq al-ujrah is in line with the stipulation of Islamic Jurisprudence and law. Islamic law has established rules for determining the wages of workers to ensure appropriate wages so that workers and their families may access basic needs and that equality between employers and workers may be achieved.Haqq (right), Islamic, jurisprudence, law, ujrah (hire)
10
Full Article
(Downloads: 2)
Abstract (Viewed: 1)The recitation of riwayah Hafs and Warsh are two methods of reciting the Quran that are common in contemporary Muslim society. Both methods of recitations have an important relationship in fiqh. This paper reviews the position of the two riwayah Qiraat Mutawatirah, which are recitation of riwayah Hafs and Warsh in fiqh. Analysis is based on wajh Qiraat to examine the differences that have impact on matters of fiqh among the four schools of thoughts. This paper relies on resources such as books of tafsir, hadith, fiqh and history, scientific journals, working papers and other relevant academic materials. The findings indicate the validity of Qiraat as a discipline, and the differences of reciting the Quran that can bring about a significant impact on Quranic interpretations and Islamic legal rulings. This means that differences in reciting the Quran can lead to differences of opinion among Muslim jurists and their rulings, as in the case of Maqam Ibrahim.Hafs, maqam Ibrahim, Qiraat, Warsh
11
Full Article
(Downloads: 5)
Abstract (Viewed: 2)'Locum' medical practitioners are usually employed to relieve the regular and permanent medical practitioner on leave or due to shortage of staff. Many GP (General Practitioner) clinics opening for long hours deputise services to locums, who usually have permanent employment elsewhere but are employed temporarily at these clinics. Locums tend to be appointed without thought to the legal consequences that may ensue. Hence, when things go wrong in the course of treatment, it is important to establish whether the 'locum' is an employee or an independent contractor. The patient's interests would be protected if the locum is classified as 'an employee' as the GP clinic would be liable for any actions made by their employees. However, GP clinics would prefer to categorise locums as independent contractors as they would then not be liable for any legal consequences that may arise from any negligent acts traced back to the locum. This is considered not to be fair and just as the GP clinics have economically benefitted from the locums, and therefore, they should undertake the consequences as well. Considering the host of legal repercussions that may ensue, there is a need for clear policies and guidelines on the legal position of locums working in GP clinics.Employer, general practitioner, locum, negligence, vicarious liability
12
Full Article
(Downloads: 2)
Abstract (Viewed: 1)The purpose of this research is to analyse current legislation and policies in relation to the appointment of independent directors in Malaysia and to compare their position with that of independent directors in the United Kingdom. Although a board of directors may have a good mix of executive and independent non-executive directors, its independent non-executive directors are often seen to be clearly ineffective, highlighting the fact that ensuring 'independence' of directors is a continuous process and a director's categorisation as 'independent' does not ensure that he is actually independent. The existing literature does not demonstrate a definitive relationship between board composition and corporate performance. This research employs qualitative research methodology, and the authors have conducted a comparative study by referring to the legal position of independent directors in the United Kingdom to determine whether the existing definition of independent director as applicable in Malaysia needs review. The hypothesis of this research is that there is lack of clear definition of what constitutes an 'independent director' in Malaysia. This paper finds that the definition of 'independent director' in Malaysia can be considered at par with that of independent directors in the UK at the current time. Board independence, corporate governance, independent director
13
Full Article
(Downloads: 3)
Abstract (Viewed: 3)In the 21st century, discourse on the role of non-state actors in foreign policy has been growing and many scholars recognise that non-state actors such as Non-Governmental Organisations (NGOs) are one of the forces that could contribute to the foreign policy making process. Arguably, the attitude of Malaysian leaders as well as the support of Malaysian that favour Palestinians has led to the proliferation and establishment of numerous Muslim faith-based NGOs. These NGOs subsequently play a momentous role in enhancing the bilateral relationship between Malaysia and Palestine. This paper explores this claim by studying the roles of Aqsa Syarif Berhad, a Malaysian Islamic faith-based NGO. It also attempts to assess the contributions of this NGO to Palestine as well as its role in shaping the future direction of Malaysia foreign policy towards Palestine. The paper contends that the role played by Malaysian NGOs has contributed to the enhancement of bilateral relations between Malaysia and Palestine as well as strengthened Malaysia's stand on Palestine.Aqsa Syarif Berhad, Malaysia foreign policy, non-state actors, Palestine
14
Full Article
(Downloads: 3)
Abstract (Viewed: 1)Company directors are subject to certain fiduciary duties discussed under common law and in statutory provisions. Directors' fiduciary duties include duty to protect the confidentiality of company information. Any information that belongs to the company is to be used only by the company for the company. Such information is considered the property of the company and it must be used to the advantage of the company. The objective of this paper is to discuss the duty of nominee directors concerning the confidentiality of company information. Nominee directors who actually represent their nominators on a board of directors will find their duty challenging as they might be expected by their nominators to provide them with certain company information. The study is based on doctrinal and statutory analysis of selected jurisdiction as well as cases based on various jurisdiction. It is argued that nominee directors are in a vulnerable position as directors who are representing their nominators at the same time. Though it has been clearly legislated that their loyalty is to the company they should to a certain extent be allowed to disclose information that would not jeopardise their companies. Company information, confidentiality, nominee director
15
Full Article
(Downloads: 2)
Abstract (Viewed: 1)The Malaysian Competition Act 2010 (CA 2010) seeks to promote the process of competition in the market by preventing anti-competitive conduct that harms competition. However, 'harm to competition' is not clearly defined in the Act and neither are its subsequent guidelines. Without proper application of the theory of harm, the competition authority will not be able to provide a consistent approach to the assessment of the competition issues especially in determining whether or not a conduct is anti-competitive. This paper aims to analyse how and to what extent the Malaysian Competition Commission (MyCC) applies the theory of harm in competition law analysis. This paper argues that there is no standard definition of what 'harm to competition' means in the context of Malaysian competition law. 'Harm to competition' may be interpreted as harm to the competitive process and consumers (final consumers). It may also be narrowly interpreted as harm to market mechanism or the ability to compete, through, for example, unjustified exclusion of rivals from the market without the need to prove that conduct was harmful i.e. reduced aggregate consumer welfare. In most situations, the issue of competitive harm is not about interpretation but rather of proof that a particular conduct really harmed competition and consumers. Competition, competitive harm, competition law, discriminatory abuse, theory of harm
16
Full Article
(Downloads: 3)
Abstract (Viewed: 1)Advances in computer and communication technologies have enriched communication and learning methods, demanding further improvement in curriculum design. This study explores mobile-learning (m-learning) culture among students of Malaysian institutions of higher learning (IHL). Two objectives are set: Firstly, to establish a culture of mobile wireless technology (MWT) application in tertiary learning; and secondly, to design a curriculum and validate the m-learning model incorporating the learning culture at higher learning institutions involving components such as ethics, social norms and attitude. A survey was carried out on 490 random samples drawn from students of five universities and one community college in Malaysia. Data collected were analysed using descriptive statistics to address the first objective of the study. A Structural Equation Model (SEM) of mobile-learning culture at institutions of higher learning (IHL) was designed and validated to fulfil the second objective. The findings suggest that: The model is able to explain significant contributions from all predictors on the actual use of MWT in learning. In conclusion, the study confirms that educators should include ethics and behavioural components while designing curriculum for institutions of higher learning in Malaysia. Behaviour guideline, curriculum design, ethics, mobile wireless technology, learning attitude, social norms
17
Full Article
(Downloads: 2)
Abstract (Viewed: 1)This study aims to explore the reasons why an unqualified audit report was issued despite non-compliance with the International Financial Reporting Standards (IFRS) disclosure requirements. To achieve this objective, a semi-structured interview was used to gather opinions of auditors. Our findings suggest that materiality and true and fair view could be the reasons for issuing a clean audit report despite significant non-compliance with accounting standards. The findings of this study might assist regulators, standard setters and professional accounting bodies in monitoring and safeguarding the quality of financial reporting.Audit report, IFRS, materiality, true and fair view
18
Full Article
(Downloads: 2)
Abstract (Viewed: 1)Even when statistics from various international institutions indicate a relatively higher prevalence of crimes among the locals, the increasing trend of a spike in crime rates among immigrants especially of African descent in Malaysia is also bothersome. Given the rise in the number of reported criminal activities involving, specifically, Nigerians in Malaysia, it becomes necessary to understand the underlying motives for such behaviour as part of the attempt to arrest this trend. The current study explores the factors contributing to criminal behaviour among some Nigerians residing in Malaysia. In view of the prominence of socio-economic factors in explaining criminal behaviour, this study explores this rising phenomenon from a socio-economic perspective. In addressing this objective, this study employs the Analytical Hierarchy Process (AHP), whereby the socio-economic factors are ranked according to their contribution to the crime rate. It is expected that the findings of this study will shed light on the root causes of this menace, thereby offering policy makers greater information and insight with which to more effectively curb such criminal activities.Analytical hierarchical process, crime, Nigerians, socio-economic
19
Full Article
(Downloads: 2)
Abstract (Viewed: 1)Marine insurance is the medium to safeguard and protect the interest of the assured for any damage suffered during the valid policy. It will restore the insured to the same financial position enjoyed before the loss. However, the insurer is only obliged to indemnify the insured based on the damage suffered. An issue arises when the insurer tries to escape payment by adding terms and conditions known as warranty. This is different from the warranty under the contract of a charter party as it refers to a promissory warranty. It is an embedded shield-and-sword under the law for the insurer to deny payment of claim. The warranty is either used for defence in a denial claim or to initiate the stand to escape liability to pay. The concept of suspensive effect adopted under the Insurance Act 2015 was proposed by jurists and scholars to deviate from the strict compliance of warranty. It is hoped that it will bring justice for both insurer and insured. This is doctrinal research which is qualitative in nature. The paper will discuss this matter by referring to the main sources of law under the law of marine insurance. Marine insurance, suspensive effect, warranty
20
Full Article
(Downloads: 2)
Abstract (Viewed: 1)During the tenure of Mahathir Mohammed as Prime Minister, the Palestine issue was made a special cause to Malaysia. It was during Mahathir's administration that the government and the country became highly committed to helping to bring world attention to and to resolving the Palestine-Israel crisis. This paper discusses the impact of Malaysia's involvement in the Palestine cause during Mahathir's era and highlights the impact it had on Palestine, Mahathir as Prime Minister and Malaysia as a whole. Malaysia's pro-Palestine cause has helped the world gain in awareness of the Palestine issue; nevertheless, the conflict in Palestine continues, showing no sign of ending. Foreign policy, Mahathir, Malaysia, Malaysia Foreign Policy, Palestine
21
Full Article
(Downloads: 2)
Abstract (Viewed: 1)The institution of fatwa in Malaysia has been regarded as an important institution in dealing with any matters on Islamic Law. The Administration of Islamic Law Enactments in the Federal Territories and other states in Malaysia has provided for the establishment of fatwa institutions in order to issue binding fatwa and regulate Islamic verdicts in Malaysia. Once fatwa is gazetted by the fatwa Committee, it becomes binding on all Muslims in a particular state. The issue arose as to whether the fatwa given is also binding on the courts in making their judgement. In reaction to the above issue, this paper attempts to examine the practice of judges in dealing with fatwa issued by the fatwa Committee or Mufti in a state on any particular issue. The authors adopted the qualitative research method to gather data for writing this paper. It was found that there was inconsistency by the courts in accepting fatwa as a source of law in Malaysia as some of judges accepted the fatwa ruling but some refused. Thus, the authors recommend that there should be a codified fatwa system for all Malaysian states so as to make it binding upon courts to consider a fatwa in their decision making.Binding, cases, fatwa, fatwa Committee, gazette, judges, juristic opinion, Sharia Court
22
Full Article
(Downloads: 2)
Abstract (Viewed: 1)Cash Waqf is a viable form of Islamic endowment with the primary objective of providing relief to less privileged Muslims in society. Waqf has inherent potential to ensure redistributive justice in society given its numerous benefits as an instrument for human development. UniSZA as an education institution should explore the feasibility of Waqf in its daily operations and consider adopting a cash Waqf scheme. The research is based on the hypothesis that UniSZA's staff cash Waqf can have a positive social and economic impact in Terengganu. The objective of this study is to examine how UniSZA's staff cash Waqf can be utilised to develop Terengganu economically and socially for the interest of less privileged Muslims. The study applies the mixed methods of discussion and analysis. Human development in this study includes the creation of employment, micro-financing, transactions, farming, soft loans and other lawful lucrative businesses and investments. The paper concludes by offering suggestions to best utilise this cash Waqf fund. Cash Waqf, development, economic, influencing factors, social, Terengganu, UniSZA staff
23
Full Article
(Downloads: 4)
Abstract (Viewed: 1)Zakat institutions are responsible for managing zakat from collection to distribution. An in-depth understanding of the management of zakat institutions is vital in order to understand the process of managing zakat funds. To date, there has been rising concern from the public on how zakat funds are distributed to the eligible recipients. The public are curious why, notwithstanding the rising amount of zakat collections, poverty rates among Muslims are still high. Thus, this paper aims to explore the problem by gathering the views of zakat recipients on the zakat distribution system. For data collection, questionnaires were distributed to selected participants in the East Coast. The results showed that most of the recipients were not fully satisfied with the management of zakat distribution, specifically with regards to the amount of zakat received and customer service. Thus, it is crucial for zakat institutions to improve their management system to earn positive reviews from the public. It is hoped that this study can assist zakat institutions in improving their management system and dispelling the negative view of them held by the public.Perceptions, Zakat institutions, Zakat management
24
Full Article
(Downloads: 2)
Abstract (Viewed: 1)Waqf has been practised by Muslims since the time of the Holy Prophet Muhammad time. The practice continues today, covering various sectors and fields. One of the sectors in which Waqf is practised is education. Education is one of the basic needs of people, but not all can afford to pursue their studies to tertiary level. In Malaysia, some public and private universities have initiated efforts to develop awqaf properties with the intention of helping poor and needy students, among others. In addition, Waqf can also be used to finance other beneficial projects, the returns being channelled to other beneficial purposes that are allowed by Sharia. This paper is a conceptual paper, with data gathered from interviews and articles published in journals, conference proceedings, books and universities' official website. the data show that among higher education institutions, five public and four private institutions had established a Waqf fund. They established the Waqf fund with the aim of helping poor and needy students. Usufructs or returns from awqaf funds have been channelled into scholarships and research grants, to build facilities and to find academic projects to benefit the universities.Higher education, public university, private university, Waqf
25
Full Article
(Downloads: 2)
Abstract (Viewed: 1)The Land Acquisition Act 1960 has listed out some categories of land that can be acquired for certain purposes by the Government or the State Authority (SA), namely registered alienated land. In this regard, the National Land Code 1965 has allocated the power to place any Waqf land under a specific administrative body, the State Islamic Religious Affairs Council (SIRC). The objective of this article is to identify some issues connected with the acquisition of Waqf land by the SA. It is also to recommend some improvements to the law in order to ensure that the acquisition of Waqf land is in line with Sharia. As a case study, the State of Terengganu is chosen to highlight the issues connected with the acquisition of Waqf land by the SA. The study adopts the qualitative approach, where data are collected through library research and the content analysis method. The research findings reveal that most of the remedies awarded in the Waqf land were monetary compensation based on market value. Acquisition, case study, Terengganu, Waqf land
26
Full Article
(Downloads: 3)
Abstract (Viewed: 1)Internationally, shared parenting has been highlighted and agreed to be the best method in protecting the welfare of the child. The religion of Islam also promotes the concept of shared parenting to ensure that the welfare of the child is well protected. In Malaysia, legislation on child custody emphasises that the welfare of the child shall be given paramount consideration but there are no provisions on shared parenting and specific guidelines on its application. An amendment was made to the laws to include a provision on equal parental rights but it does not directly relate to the principle of shared parenting. The vagueness of the law and the lack of proper guidelines in relation to shared parenting open the doors for the courts to render inconsistent decisions in determining custodial rights, and this often results in decisions in favour of sole custody. The absence of specific laws on shared parenting has also caused difficulties for parents in cooperating for the sake of their children. They tend to stress on their conflicts and fight for their rights rather than focus on the welfare of the children. This paper seeks to discuss the current position of shared parenting after marital separation in Malaysia. As Malaysia practises a dual legal system, this paper will also examine the suitability of applying the shared parenting principle in both systems. A brief comparative review will also be made of Australian law and policies, which are more advanced on the subject of shared parenting. Child custody, welfare of the child, shared parenting, Malaysian law, Australian law
27
Full Article
(Downloads: 2)
Abstract (Viewed: 1)In Malaysia, Waqf is becoming a popular mechanism among Muslims to bequeath property to gain a reward from Allah. Hectares of Waqf land given away for different purposes will certainly lead to many managerial issues. Some issues are easily resolved while others are not. Sometimes it is enough to resort to the legal provisions to solve the problems of Waqf land. However, there are many other issues with no clear legal solutions as in the statutes. Without a clear statute, maqasid al-shariah (objectives of Sharia) may come into the picture to offer an alternative in addressing issues relating to Waqf land. Among some of these issues is land that is donated for specific unrealistic purposes and land that cannot be developed because of lack of funding. Using the qualitative and policy-centred approaches as the method of research, this paper aims to entertain the issues by applying the principles of maqasid al-shariah. This paper examines the actual objectives behind the Waqf rules (fiqh al-Waqf) in Islam and those objectives will be used as the parameter and guideline to address contemporary issues relating to Waqf land. The application of the said parameter can be recognised as the 'Maqasidic' approach. Contemporary issues, maqasid al-shariah, policy, Waqf
28
Full Article
(Downloads: 2)
Abstract (Viewed: 1)Malaysia has 14 Sharia court systems. The main reason for this state of affairs is the distribution of legislative powers under the Federal Constitution between the Federation and the states where Islam and Islamic law are state matters. This paper looks at the consequences of having several distinct Sharia court systems. The Sharia courts and the laws differ from one state to another. This paper looks at the legal possibility of having one apex court for all the 14 Sharia court systems to streamline the administration and decisions of the Sharia courts. Federalism, Islamic law, legal system, Sharia courts

BACK
Online Submission| Call for Papers| Special Issues| Subscribe Journals| Resources| Site Map| 870459