scholarly journals THE PROVISIONS OF WATER AND GARBAGE POLLUTION IN STREET, DRAINAGE AND BUILDING ACT, 1974: A VIEW IN ISLAMIC LAW

2020 ◽  
Author(s):  
Abdul Basir Mohamad
Keyword(s):  
Water Resources ◽  
Qualitative Method ◽  
Islamic Law ◽  
Paper Analysis ◽  
Environmental Conservation ◽  
Secondary Sources ◽  
Rights And Interests

The statute relating to environmental conservation plays an important role to protect water and garbage pollution. The establishment and enforcement of the Street, Drainage and Building Act 1974 is to protect the people’s rights and interests in order to safeguard the environment from being polluted. There are a few provisions in this Act relating to water and garbage pollution and protection of water resources from any pollution. Therefore, this article will examine the provisions in relation to water and garbage pollution in the Act and then identify similar discussions in Islamic law, which deal with the protection of water and garbage pollution. A qualitative method is used to obtain data for this paper. Analysis of documents from primary and secondary sources was executed inductively, deductively and comparatively using the Act and Islamic reference sources which was then documented in a descriptive report.

scholarly journals A Social Impact Bond (SIB) : A Shariah Appraisal

2019 ◽  
Vol 27 (1) ◽  
pp. 181-208
Author(s):  
Mahadi Umar Ahmad ◽  
Yahaya Yunusa Bambale ◽  
Mahamad Ibrahim Adam Zain
Keyword(s):  
Qualitative Method ◽  
Social Impact ◽  
Islamic Law ◽  
Point Of View ◽  
Secondary Sources ◽  
Funding Mechanism ◽  
The United Kingdom ◽  
Depth Analysis ◽  
Research Show ◽  
Outcome Metrics

Social Impact Bond (SIB) is a funding mechanism for social projects whereby the payment for the projects is anchored on meeting the outcome metrics, otherwise the investors risk losing their money. The mechanism emerged since 2010 in the United Kingdom and has quickly spread to other parts of the world. In the past, there has not been any popular fatwā on this mechanism from a Sharīʿah point of view.  Therefore, this article will examine the funding and payment arrangement and then conduct takyif fiqhi (jurisprudential adaptation) to ascertain the degree of Sharīʿah compliance and determine the most appropriate Islamic contract most suitable under the arrangement. The article adopts qualitative method of research by making in-depth analysis of Islamic contracts including the primary and secondary sources of Islamic law. It also relied on literature on SIB from conventional point of view and internet materials. Major findings of the research show that SIB, whilst its pay-for-success mechanism does not contain ribā, it contains excessive gharar. The excessive gharar, however, was found ineffective to void al-jaʿālah-based SIB and hibah li thawāb which is the second contract similar to SIB. This is because of hājah and element of gratuity respectively.

scholarly journals The Role of Islam in the Management and Administration of Brunei Darussalam

2020 ◽  
Vol 3 (2) ◽  
pp. 45-49
Author(s):  
Fatin Rabia'tul Adawiyah Md Fareed
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Religious Institutions ◽  
Islamic State ◽  
Secondary Sources ◽  
Islamic Country ◽  
Brunei Darussalam ◽  
History Of ◽  
Islamic Values

Islam plays an essential role in forming and shaping an Islamic country. Similarly, Brunei Darussalam, an Islamic country, has made every effort to inculcate Islamic values ​​in various aspects of the country's management and administration. This concept paper aims to provide exposure regarding the role of Islam in the management and administration of Brunei Darussalam by describing the history of the arrival of Islam in Brunei Darussalam and the role of Islam in the management and administration of the country. This concept paper uses a qualitative method in the form of a library concerning secondary sources only. The results of the study found that the leadership of the Sultan is a major factor that contributes to the strong application of Islamic teachings in the management and administration of the country, and among the five main aspects that receive the influence of Islamic teachings are aspects of government and administration, administration of Islamic law, religious institutions, Islamic education, and economy. The effect of the application of Islamic teachings has strengthened the country's identity to become an Islamic state.

scholarly journals CONCEPT OF WALI MUJBIR IN MARRIAGE (LEGAL CRITICISM OF COUNTER LEGAL DRAFT COMPILATION OF ISLAMIC LAW)

2021 ◽  
Vol 8 (2) ◽  
pp. 189
Author(s):  
Musda Asmara
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Law Reform ◽  
Legal Certainty ◽  
Secondary Sources ◽  
Pros And Cons ◽  
The Common ◽  
Descriptive Approach ◽  
And Gender ◽  
Common Understanding

 Responding to demands from a group of parties to formalize Islamic law, the Counter Legal Draft Compilation of Islamic Law (CLD KHI) team has compiled a pluralist, democratic, humanist, and gender fair Islamic law text.This manuscript reaps pros and cons during society because it is considered not in line with the values contained in the Qur’an and hadith.Because of the discrepancy between the opinions of most jurists in general with the contents of the CLD-KHI, of course, it will result in the absence of legal certainty in the future. The object of this research is only focused on the concept of walimujbir. The method used in this research is a qualitative method with a descriptive approach, data is collected openly according to what is obtained from primary and secondary sources. The results of this study indicate that the presence of a guardian in a marriage is positioned as a pillar of Marriage. In contrast, in the CLD-KHI formulation, a guardian is not required in a marriage. The formulation of Islamic family law reform offered by CLD-KHI is based solely on public logic, local wisdom, and on several perspectives such as democracy, pluralism, human rights, justice, gender equality, and western ideology. In matters of marriage, especially regarding guardians of mujbir, the ideas of CLD-KHI are different and even contradict the common understanding of principles of Islamic teachings and practices.

The Contradictions of “Party Supremacy”: Lessons from Nigeria’s Eighth National Assembly

Politeia ◽  
2019 ◽  
Vol 38 (1) ◽  
Author(s):  
'Tola Odubajo ◽  
Derin Ologbenla
Keyword(s):  
Qualitative Method ◽  
Political Process ◽  
Critical Dimension ◽  
National Assembly ◽  
Secondary Sources ◽  
Critical Elements ◽  
Fourth Republic ◽  
Democratic Experience ◽  
Political Office ◽  
Party Members

As one of the critical elements of democracy, a functional political party plays major roles in the political process of a state. One such role is the provision of a platform by which its members emerge as elected officials in government. A critical dimension of Nigeria’s democratic experience in the Fourth Republic is the issue of conflict of interests among party oligarchies and party members elected to political office. This article attempts to interrogate the causal factors of this development by analysing the triggers of divergences within political parties whose members supposedly share similar ideological leanings. Specifically, the article considers the causes and effects of the issues thrown up in the aftermath of the emergence processes of the principal officers in the two chambers of parliament of the eighth National Assembly. This it does in the context of the normative interpretation of “party supremacy”.  As samples, we isolate three cases, after which the qualitative method is employed to elaborate on the data gathered from secondary sources.

scholarly journals An Exploratory Study of the Political Abuse of Women in Afghanistan

2021 ◽  
Vol 4 (2) ◽  
pp. 381-391
Author(s):  
Isra Sarwar ◽  
Shabnam Gul ◽  
Muhammad Faizan Asghar
Keyword(s):  
Exploratory Study ◽  
Qualitative Method ◽  
Qualitative Data ◽  
The Political ◽  
Secondary Sources ◽  
Political Interests ◽  
The World ◽  
Political Dimensions ◽  
Abuse Of Women ◽  
Status Of Women

Women, the 48.45% of total Afghan population usually termed and referred as the most victimized clan of Afghanistan. It is engendered notion and perceived as reality around the world. Undoubtedly, Mujahidin and later the Taliban have made the situation miserable for women. But, comparatively, women in Afghanistan did not face as many cruelties earlier during Taliban regime as they suffering today. They were secured, honored and allowed to participate equally in all spheres of life ranging from socio-economic to religio-political during the reign of Taliban. Majority of the religious elite among the Muslims interprets the religious teachings according to its own requirements to assure legitimacy particularly in the context of women. Same is the case with Afghanistan, which, being the buffer state, had been remained epicenter for political interests of world powers and who used its soil to expand or legitimize their authority, violate human rights specifically women as wartime strategy to achieve the goals. This intricate study with reference to the manipulated status of women is based on qualitative method and will explore the political dimensions where women have been used as wartime strategy to legitimize the power. It is based on explanatory and exploratory goals of the study. The thematic and observational approach will be used to analyze the available qualitative data by using secondary sources.

scholarly journals Musik Indie Sebagai Praktik Perlawanan Terhadap Rencana Reklamasi Teluk Benoa, Bali

2020 ◽  
Vol 3 (1) ◽  
pp. 20-30
Author(s):  
I Dewa Gede Kusuma
Keyword(s):  
Qualitative Method ◽  
Environmental Conservation ◽  
The People ◽  
Reclamation Plan ◽  
Indie Music

This study aimed at analyzing indie music movement as an anti-reclamationmovement at Benoa Bay, Badung Regency, in 2013 – 2018. There were three problems analyzedin this study; the representation of indie music as a resistance practice towards Benoa Bayreclamation plan, the ideology behind the music as a resistance practice towards Benoa Bayreclamation plan, and the significance of the resistance practice towards Benoa Bay reclamationplan. This study applied qualitative method with interviews, document studies and observation astechniques of collecting data. The obtained data were analyzed by using the theories ofKnowledge Power, Practice and Semiotics.There were three conclusions drawn from the analysis. Firstly, in its movement ofrefusing reclamation plan at Benoa Bay, the indie music made efforts to represent people’saspirations through the lyrics of the songs performed in the anti-reclamation demonstrations.Through the articulation of the anti-reclamation message in music, the people felt that theiraspirations were represented in the music. Secondly, the ideology behind the anti-reclamation movement was environmental conservation ideology and culture. The lyrics of the songsarticulated that the reclamation would damage the environment and disrespectful to the Balineseculture. Thirdly, the significance of the indie music’s resistance practice was seen from theintense aspirations from the people to cancel Presidential Regulation 51 in 2014, so thatreclamation plan could be cancelled.

scholarly journals LEGALITY OF “BORROW ME CREDIT” SERVICES OFFERED BY TELECOMMUNICATION COMPANIES: A SHARI’AH PERSPECTIVE

2021 ◽  
Vol 28 (2) ◽  
pp. 621-640
Author(s):  
Isa Abdur-Razaq Sarumi ◽  
Abdulraheem Abdulwahid Yusuph ◽  
Mu’az Yusuf Ahmed
Keyword(s):  
Islamic Law ◽  
Service Providers ◽  
Telecommunication Service ◽  
Legal Research ◽  
Extra Time ◽  
Secondary Sources ◽  
Telecommunication Companies ◽  
Ab Inito

Telecommunication service providers are known to provide various benefits for airtime packages. Different packages have been introduced in order to satisfy consumer needs. The nexus between service providers and consumers are guided by terms and conditions. Under Islamic law, any condition stipulated by the parties, which involves riba is rejected ab inito and renders the transaction voidable. Therefore, this article seeks to examine the Airtime Credit Service by service providers such as extra time package known as ‘borrow me credit’ in order to determine whether it is a Shariah-compliant transaction or otherwise. The study adopts doctrinal legal research by using primary and secondary sources of Islamic law such as Qur’an, Sunnah. The study also relies on textbook, journals, and service providers’ websites. The study reveals that the use of the word ‘borrow’ in the package has triggered polemical discourse among the Islamic financial jurists. The study reveals that, although the word ‘borrow’ is used, the intention of service providers is to sell the airtime on credit sale. The article clarifies the juristic discourse of the sale based on Islamic law of contract. It  recommends some clarifications on the form and structure of the sale and concludes that it is allowed for Muslims to buy airtime through the package.

scholarly journals Pengelolaan Wakaf Ditinjau Dari Hukum Islam dan Hukum Positif; Studi Kasus Yayasan Taman Mandiri Syari’ah Tangerang Banten

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Heru Birowo
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Empirical Approach ◽  
Poor People ◽  
Community Groups ◽  
Positive Law ◽  
The Social

Yayasan Taman Mandiri Syari’ah merupakan lembaga yang bergerak di bidang sosial, kemanusiaan dan keagamaan. Yayasan ini dibangun dengan tujuan mengangkat harkat sosial kemanusiaan kaum yatim dan dhuafa dengan dana zakat, infak, shodaqoh serta wakaf dan dana-dana yang dihalalkan oleh syariat dan legal, baik dari perorangan, perusahaan, kelompok masyarakat, atau sumber lembaga lainnya. Penelitian ini menggunakan metode penelitian Kualitatif, dengan pendekatan literatur dan empiris. Hasil penelitian ini menyatakan bahwa Pengelolaan wakaf di Yayasan Taman Mandiri Syari’ah, berdasarkan tinjauan Hukum Islam dan Hukum Positif, proses perwakafan di Yayasan Taman Mandiri Syari’ah, ketentuan wakafnya sudah memenuhi rukun dan syarat. Namun dalam kelengkapan surat wakaf, YTS sebagai Nadzir atas wakaf tanah di Depok, belum melengkapi surat wakaf yang seharusnya didaftarkan ke Badan Pertanahan Nasional (BPN). Pengelolaan wakaf yang sudah berjalan di Yayasan Taman Mandiri Syari’ah berupa wakaf tanah dan wakaf tunai.Kata Kunci: Pengelolaan, Wakaf, Hukum AbstractTaman Mandiri Syari'ah Foundation is an organization in the social, humanitarian and religious. The foundation aims to raise the social dignity of orphans and poor people with zakat, infaq, shodaqoh, and waqf that are permitted by the Shari'a and legal funds from individuals, companies, community groups, or other institutions. The study uses Qualitative method with literary and empirical approach. The findings of this study are state waqf management of Taman Mandiri Syari'ah Foundation, based on the perspective of Islamic Law and Positive Law, the waqf process of Taman Mandiri Syari'ah Foundation, the provisions of the waqf have required the pillars and conditions. Yet the waqf letter, YTS as Nadzir for land waqf in Depok, has not completed the waqf document by register to National Land Agency. The waqf management has doing are land waqf and cash waqf.Keywords: Waqf, Management, Law.

scholarly journals AN APPRAISAL OF THE APPLICATION OF FIQH AL-HANAFI UNDER ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984

2019 ◽  
Vol 27 (2) ◽  
pp. 317-336
Author(s):  
Azizah binti Mohd
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Family Law ◽  
The State ◽  
Muslim Country ◽  
Kuala Lumpur ◽  
Library Research ◽  
Identification Card ◽  
Islamic Family Law

Malaysia is a Muslim country consisting of thirteen States and Federal Territories (Kuala Lumpur, Labuan and Putrajaya). In principal, the official madhhab that is practised  in Malaysia is Shafi’i Madhhab and this becomes common to all Malaysians even though it is not officially registered in the identification card of a Malaysian. Accordingly, in many religious affairs and practices, the society is based upon the principles or fiqh al-Shafi’i. Nevertheless, views of other Sunni madhhab is freely practiced by all Malaysians. Furthermore, the codification on Islamic law in the State Enactments in all States in Malaysia is based upon four Sunni schools of law. It follows that the Islamic law in Malaysia is not purely based on the Shafi’i madhhab and in many occasions adopted the view of Hanafi school depending on the adaptability of the opinion to the society. This article deals with the application of fiqh al-Hanafi under the Islamic Family Law (Federal Territories) Act 1984. Analysis will extend to the practices in the Malaysian Syariah Court when dealing with cases involving Muslims and the most appropriate view of the madhhab that is to be adopted by the Syariah Court in order to solve a particular issue. The study employs the qualitative method of study where it only involves library research. It is believed that this research will be beneficial to all who seek knowledge and useful to all researchers, academicians, legal practitioners, students and scholars.

scholarly journals HUKUM ISTRI MENCARI NAFKAH DALAM TINJAUAN MAQASHID SYARIAH

2018 ◽  
Vol 2 (2) ◽  
pp. 193
Author(s):  
Elimartati Elimartati
Keyword(s):  
Content Analysis ◽  
Qualitative Method ◽  
Islamic Law ◽  
Science And Technology ◽  
Analysis Approach ◽  
Main Task ◽  
Gender Analysis ◽  
Family Needs ◽  
Library Research ◽  
The Law

<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>

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