scholarly journals Pentadbiran Undang-Undang Harta Pusaka Mualaf Di Malaysia: Satu Sorotan Literatur

Jurnal Fiqh ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 315-344
Author(s):  
Mohd Zainudin Wan Yusoff ◽  
Nurulhuda Ahmad Zaki ◽  
Luqman Abdullah

Inheritance is something that has material value left by a person after his death which is obtained during his life truly and becomes the perfect property during his life and is eternally owned by simati until he dies. In Malaysia, the distribution of Islamic inheritance is subject to faraid law, in which non-Muslims cannot inherit Muslim property. However, for the property of non-Muslims, there is a law that protects it, namely the Distribution (Amendment) Act 1997, Act 1004. This Act does not state that Muslims cannot inherit the inheritance of non-Muslims. The distribution is made to the heirs based on the kinship relationship and marriage regardless of religion. This means that Muslims also inherit the property of non-Muslims. The two main methods of distributing inheritance that is practiced in Malaysia are the distribution method according to Islamic law for the death of a Muslim and the distribution method according to civil law which affects the Act of Dispensing 1958 (Act 300) for the death of non-Muslims. Both mechanisms involve converts, either converts as the dead or as heirs. Those with the title of convert to Islam have their uniqueness in the distribution of inheritance which is different from the usual inheritance distribution mechanism. Due to these differences in distribution, this study was carried out to highlight the administration of inheritance laws involving converts to Islam in Malaysia. This study was conducted using a qualitative method by taking a literature review approach, also continuing the content analysis design. The results of the study highlights that have been carried out show that there have been many writings, ideas, and discussions regarding this case made by the reviewers. The results of the study found that there are procedures and provisions for laws in the settlement of inheritance involving heirs of converts if they are not Muslim, as well as if converts are heirs to the property of the dead who are not Muslim. Therefore, with an explanation of the administration of the law in this study, it can resolve errors to the public regarding the issue of inheritance and property inheritance involving converts in Malaysia.

Author(s):  
Erma Wulandari ◽  
Hilal Malarangan ◽  
Ermawati Ermawati

The aim of this paper is to discuss pre-marriage pregnancy in Islamic Law Compilation. This study is literature review research with qualitative method. The data was gathered through content analysis and written material. Data analysis was analyzed using grounded theory approach and thematic building. The results showed that the formulation of article 53 paragraph (1), of the Islamic Law Compilation, a pregnant woman can be married with the man who impregnated her. And article 53 provides a solution for pregnant women who are married to men who impregnate them. While in relation to the status of child, it is considered legal because there has been a legal marriage; however, in the sharia, the status of child is still debated. Regarding the issue of which opinion is used, it can be seen from which opinion is greater for the benefit of society.


2020 ◽  
Vol 5 (18) ◽  
pp. 122-132
Author(s):  
Madzli Harun ◽  
ZatulIffah Hussin ◽  
Khatijah Omar ◽  
Siti Falindah Padlee

The National Tourism Policy of Malaysia is known as the National Ecotourism Plan 2016-2025. It focuses on progressive and competitive tourism in the country by giving full thrust to appreciating a prosperous environment for stakeholders in the tourism sector. Hence the study of the systematic literature review focuses on several elements as the determinants of tourism policy namely Malaysia Tourism. Consequently, each of the previous study elements will explore the scope and dimensions functionality of each scientific article is consistently discussing to analyse the year in which the authors regularly publish their publications. This is to prove that a significant element of publication by the author. Meanwhile, the scope of the study by the author also risked the priority areas in each article by the authors of each element. It is important to prove that the scope supports the main headline of the paper which deals with the formulation of the National Tourism Policy. In fact, dimensions give priority to what they want to achieve in each article from the authors related to Tourism Policy. This paper reviews the Qualitative Method concept by referring to Content Analysis. As a result, it will illustrate that dimensions will be in sync with Tourism to achieve the national tourism policy aspirations.


E-Structural ◽  
2021 ◽  
Vol 4 (01) ◽  
pp. 55-67
Author(s):  
Norah Bt Entus Nasrudin Tubagus ◽  
Siti Suharsih ◽  
Rahman Hakim

Abstract: The current study entitled “A Morphological Analysis of Slang Words Used by Characters In Ralph Breaks the Internet Movie” aimed to investigate the morphological processes of constructing slang words and its meaning of the  found slang words used by the movie characters. This research used a descriptive qualitative method with content analysis design. The findings revealed that there are 42 slang words categorized into different morphological processes included compound (14,28%), clipping (11,90%), blending (14,28%), affixations (16,66%), reduplicative (7,14%), backformation (2,4%), abbreviation (2,4%), conversion (4,76%), alternation (14,28%), extension (4,76%) and word manufacture (7,14%). This study demonstrated the meaning changes of the slang words that have been affected through certain morphological processes by modifying their word category. Consequently, some slang terms have preserved the original meaning despite the changes in their spelling. In the meantime, certain slang words get abbreviated or shortened and retained their original meaning. Meanwhile, some slang words change their meaning by deriving their word category. Besides, there were certain slang words that change their meaning depending on word usage.Key words: morphology, Ralph Breaks the Internet, slangAbstrak. Penelitian yang berjudul “Analisis Morfologi Kata-kata Slang yang Digunakan oleh karakter dalam Film ‘Ralph Breaks the Internet’” bertujuan untuk menelaah proses morfologi dalam membangun kata-kata slang dan maknanya yang digunakan dalam film tersebut. Penelitian ini menggunakan metode kualitatif deskriptif dengan desain analisis isi. Data temuan menunjukkan  42 kata slang yang dikategorikan ke dalam proses morfologi yang berbeda, yaitu ‘compound’ (14,28%), ‘clipping’ (11,90%), ‘blending’ (14,28%). , ‘affixations’ (16,66%), ‘reduplicative’ (7,14%), ‘backformation’ (2,4%), ‘abbreviation’ (2,4%), ‘conversion’ (4,76%), ‘alternation’ (14,28%), ‘extension’ (4,76%) dan ‘word manufacture’ (7,14%). Studi ini mendemonstrasikan perubahan makna dari kata-kata slang yang telah dipengaruhi proses morfologi tertentu dengan memodifikasi kategori kata asal. Hasilnya beberapa istilah dalam kata slang tetap mempertahankan makna aslinya meskipun ejaannya berubah. Sementara itu, kata-kata slang tertentu disingkat dan tetap mempertahankan arti aslinya. Beberapa kata slang lainnya berubah makna dengan mengubah kategori katanya. Selain itu, beberapa kata-kata slang tertentu berubah maknanya tergantung dari penggunaan kata.Kata kunci: morfologi, Ralph Breaks the Internet, slang


2018 ◽  
Vol 2 (2) ◽  
pp. 193
Author(s):  
Elimartati Elimartati

<p><em>In common tradition, m</em><em>aking a living is a husband's obligation, but now many wives play a role in earning a living. The aim of the study was to find out the law of the wife looking for a nafka, viewed the condition and ability of the husband to provide a living, in the review of Maqashid Shari'a proposed by Syatibi. The influence of science and technology and the increase in household needs triggers many wives to take part in making a living, and become the main breadwinner. This certainly raises the question, how does the view of Islamic law on wives earn a living in library research, using the normative qualitative method of gender analysis approach is content analysis. Islamic law explains that a wife cannot leave her house without her husband's permission and her main task is at home. This certainly raises the question, how does the view of Islamic law on wives earn a living. The results of the study explain that wife's law makes a varied living circumcision, makhruh and haram based on the ability of the husband to provide his wife with the benefit and the level of family needs (maqashid).</em></p><p><em><br /></em></p>


2021 ◽  
Vol 11 (1) ◽  
pp. 54-62
Author(s):  
Zuly Qodir ◽  
Adil Hasan Ibrahim

This paper dealt with the issue of a commitment to the public office ethics reduces the administrative corruption manifestations in Sudan. The purpose of this paper is to find out what are the administrative corruption manifestations and how the commitment to the public office ethics contributes in the decreasing of administrative corruption forms. This paper depends on the literature review and uses descriptive approach in order to describe the forms of corruption which are related to the administration. Qualitative method has been followed in this work because, according to the view of the researcher, it is acceptable for this kind of study. The findings show that, embezzlement, extortion, exploitation of public position, forgery, deception, mediation, nepotism, favouritism and gifts to the public office are all shapes of administrative corruption that are pervasive in Sudan, Also, it indicates that, high levels of corporate transparency (auditing and reporting) and high Internet access can be beneficial in Sudan, that by combating corruption in the public sector and adopting effective policies to encourage the development of the private sector. Likewise, increase of salaries and wages for public sector workers can contribute in corruption reduction.  The study recommends strongly to implement the principles of ethics of public offices, and law should be set in order to organize the bad morals of individuals in government agencies in Sudan.


Author(s):  
Mohd Hapiz Mahaiyadin ◽  
Zakiah Samori

At the end of December 2019, a pandemic of life-threatening disease known as COVID-19, caused by a virus that is highly infective and capable of damaging the respiratory system of a human body, to eventually causing death within a short span of time, has been reported in Wuhan, China. This virus has spread to hundreds of countries with hundred thousand positive cases of COVID-19, as well as thousands of death recorded until April 2020. Similarly, Malaysia also faces the pandemic of COVID-19 and recorded an increase of positive cases with more than 50 deaths until today. Multiple drastic preventive measures and steps have been implemented by the authorities in Malaysia to prevent the spread of the COVID-19 outbreak. Hence, this study is conducted to identify control measures that have been used globally, by looking into recent literature studies and focusing on the enforcement of Restriction of Movement Order (RMO) measure in Malaysia. In evaluating the legality of the implementation, the concept of siasah syar’iyyah, which is an effective mechanism in safeguarding the public interest or common good as required in Islam, must be taken into consideration. Therefore, qualitative methodology was duly adopted to explore the jurisprudential approach of prior Muslim governments, by analyzing highly regarded principal references that addressed similar cases. The basic principles of Islam, as contained in the Quran and ḥadīth of Rasulullah PBUH, applied in the decision making process and the rationality of actions taken in addressing any pandemic of disease would also be observed through data analysis methodology (content analysis). The approach of Islamic jurispru-dence methodology that is relevant and its application to this issue is also very important to be elaborated to understand that the process used before arriving at each decision by the authorities should adhere to the concept of maqāṣid and main principles of sharī‘ah. The result of the study found that the preventive measures to control the pandemic outbreak currently implemented by Malaysian government as well as the policies being enforced in dealing with the life-threatening pandemic is consistent with the injunctions of Islamic law that should be obeyed by all parties. Abstrak Pada akhir Disember 2019, pandemik penyakit yang mengancam nyawa manusia dikenali sebagai COVID-19, sejenis virus yang mudah dijangkiti, mampu merosakkan sistem respiratori tubuh manusia seterusnya menyebabkan kematian dalam jangka masa pendek telah dilaporkan berlaku di Wuhan, China. Virus ini telah merebak ke ratusan buah negara dengan  ratusan ribu kes positif COVID-19 beserta ribuan kematian telah dicatatkan sehingga April 2020. Malaysia turut  berdepan dengan wabak COVID-19 dan merekodkan peningkatan kes positif dengan lebih 50 kematian setakat  hari ini. Pelbagai langkah dan kaedah kawalan drastik telah dilaksanakan oleh badan berautoriti di Malaysia untuk mengawal penularan wabak COVID-19. Justeru kajian ini dibuat  untuk mengenalpasti kaedah-kaedah pengawalan yang dilaksanakan di peringkat global dengan melihat kajian-kajian literatur terkini dengan penumpuan kepada penguatkuasaan kaedah Perintah Kawalan Pergerakan (PKP) di Malaysia. Dalam menilai kesahan pelaksanaan, konsep siasah syar’iyyah yang merupakan satu mekanisme efektif dalam menjaga kemaslahatan awam seperti yang dituntut oleh Islam harus diambilkira. Oleh yang demikian, metod kualitatif digunapakai untuk meneroka pendekatan ijtihad kerajaan Islam terdahulu dengan menganalisis kitab-kitab muktabar dalam menangani beberapa kes yang sama. Prinsip-prinsip asas Islam yang terkandung dalam al-Quran dan sunah Rasululullah SAW dalam proses membuat keputusan dan kewajaran tindakan yang perlu diambil dalam menangani suatu wabak penyakit akan turut diteliti melalui kaedah analisis data (content analysis). Pendekatan kaedah-kaedah memastikan yang relevan serta pengaplikasiannya dalam isu ini juga sangat penting untuk diperhalusi bagi memahami bahawa proses setiap keputusan yang diambil tindakan oleh badan berautoriti perlu menepati konsep maqasid dan prinsip utama syariah. Hasil kajian mendapati, kaedah kawalan penularan wabak yang sedang dijalankan oleh kerajaan Malaysia berserta dasar dan polisi yang dikuat kuasakan dalam menangani pandemik yang mengancam nyawa masyarakat adalah bertepatan dengan perintah syarak yang wajib dipatuhi oleh semua pihak.


2020 ◽  
Vol 16 (1) ◽  
pp. 15-34
Author(s):  
Mohd Nor Adzhar Ibrahim ◽  
Roshimah Shamsudin

The hadith mawdu’i (thematic hadith) terminology is widely used in contemporary hadith discourse. However, there are confusions in understanding its true concept since several other terms are associated with it namely dirasah al-mawdhu‘iyyah min al-hadith (thematic analysis based on hadith) and sharh al-mawdhu‘i li al-hadith (thematic explanation based on hadith). As such, the purpose of this paper is to study difference opinions amongst the contemporary hadith scholars in comprehending the concept of thematic hadith that gives rise to various definition and concepts. Literature review method based on qualitative research through content analysis design were fully engaged in the data collection as well as data analysis processes. All the definitions and concept of thematic hadith presented by the contemporary hadith scholars in their academic writings were gathered and analyzed to produce a comprehensive depiction.  Based on the existing definitions, the findings of this study illustrate that the present-day thematic hadith researchers’ conceptions are split into two camps. The first is the group that deduces thematic hadith as a study upon collection of hadith or upon one particular hadith with a specific theme while the second group infers thematic hadith as thematic lectures. The findings also demonstrate that the difference in understanding thematic hadith between the two groups are from the guidelines and steps in conducting a research. This is the reason why dirasah al-mawdhu‘iyyah min al-hadith is focused on the technical aspect of the initial hadith research such as takhrij (retrieval of hadith) or identifying mukhtalif (contradictions) and so on. While sharh al-mawdhu‘i li al-hadith concentrates on constructive research in depicting a clear picture of the themes that contained in the hadith. Accordingly, the integration between dirasah al-mawdhu‘iyyah min al-hadith and sharh al-mawdhu‘i li al-hadith would produce a holistic research on thematic hadith.


2020 ◽  
Vol 3 (1) ◽  
pp. 69-81
Author(s):  
Nindi Aliska Nasution

This article aims to determine the implementation of property inheritance to daughters in Tanjung Mompang Panyabungan Utara Mandailing Natal and the factors that cause people to choose the way in the distribution of inheritance. This article uses a juridical-empirical approach. The results of this research shows that the distribution of inheritance done traditionally due to the lack of public awareness about Islamic civil law particularly about inheritance. It becomes the most fundamental factors causing disputes and injustice among family members because the inheritance were distributed not in accordance with Islamic law. Religious and education factors are two common factors that determine the distribution of inheritance. Low understanding of Islamic law and inheritance knowledge are the cause of this case.


2020 ◽  
Vol 7 (2) ◽  
pp. 162
Author(s):  
Yelfiza Yelfiza ◽  
Siska Siska

This research aimed to investigate the relevance between the literature reviews and the research questions of the theses written by the students who graduated in 2019 from seven study programs in STKIP PGRI Sumatera Barat. The research design was qualitative research which focused on describing, explaining, and exploring the students’ thesis writings, whether the literature reviews described were relevant to their research questions. Purposive sampling was the technique used to select the data that consisted of 13 students’ theses. This research focused on those 13 theses because they were written in a qualitative method, which showed the relevance between research questions and the literature review. Here, content analysis was used to analyze the data to show whether the literature review of each thesis discusses the relevant theories to answer the research questions. The result showed that among 13 students’ theses, 6 theses were relevant, and 7 were irrelevant. It means that more students had written with irrelevant theories. It can be suggested to the thesis advisors to give more attention to the quality of students’ theses because the irrelevance can interfere with the qualities of their theses.  


Author(s):  
Haerunnisa Yunus ◽  
Rusli Rusli ◽  
Abidin Abidin

The aim of this paper is to discusse the concept of a marriage agreement in the Compilation of Islamic Law. This study is literature review research with a qualitative methods. The  data was gathered through content analysis and written material. Data analysis was analyzed using grounded theory approach and thematic building. The result of research shows basically, there is no difference between the Marriage Law and the Islamic Law Compilation regarding the marriage agreement. Second, the legal consequences of the marriage agreement made by each party—husband and wife, are binding. Therefore, if a violation occurs, each party can take legal action.


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