scholarly journals PROFESSIONALISM OF SYARIAH JUDGES OF SYARIAH COURTS ACCORDING THE PERSPECTIVE OF ISLAMIC LAW

2021 ◽  
Vol 6 (26) ◽  
pp. 01-12
Author(s):  
Zulzaidi Mahmod ◽  
Ahmad Hidayat Buang
Keyword(s):  
Service Delivery ◽  
Islamic Law ◽  
Methodological Approach ◽  
Government Agency ◽  
Qualitative Approach ◽  
Government Service ◽  
Judicial Process ◽  
Islamic Jurisprudence ◽  
Justice Process ◽  
The Government

The professionalism of civil servants in the government in Malaysia is an important part of the government service delivery process. The Syariah Court is a government agency that has placed officers to perform judicial functions, including Syariah Judges. The post of Syariah Judges in the State Syariah Court was established to ensure that the justice process is being done by professional, competent, and qualify personnel. However, what is the approach outlined by Islamic law to ensure that the appointed judges have professionalism in the performance of judicial duties? This matter needs to be seen through the Shariah judicial appointment process in Malaysia. The purpose of this paper is to view the professionalism of Syariah Judges according to the perspective of Islamic law applied in Syariah Courts. The methodological approach of the study on which this paper is based is a qualitative approach. The results of the research found that Islamic jurisprudence has placed the value of Professionalism in the judging process of judges. The discussion of Fiqh al-Qada’ has laid the foundation for the appointment of al-Qadi. This matter is applied in the Syariah Courts in Malaysia through the appointment of Syariah Judges and the judicial process provided by law and the application of practice directions. The competence of Syariah Judges through an appointment and judicial knowledge is the basis of the value of professionalism for the purpose of transparency in the delivery of Syariah judicial services in Malaysia.

scholarly journals Constraints in animal health service delivery and sustainable improvement alternatives in North Gondar, Ethiopia

2014 ◽  
Vol 81 (1) ◽  
Author(s):  
Hassen Kebede ◽  
Achenef Melaku ◽  
Elias Kebede
Keyword(s):  
Health Service ◽  
Service Delivery ◽  
Animal Health ◽  
Clinical Signs ◽  
Health Service Delivery ◽  
Government Service ◽  
Private Practitioners ◽  
Private Service ◽  
Sustainable Improvement ◽  
The Government

Poor livestock health services remain one of the main constraints to livestock production in many developing countries, including Ethiopia. A study was carried out in 11 districts of North Gondar, from December 2011 to September 2012, with the objective of identifying the existing status and constraints of animal health service delivery, and thus recommending possible alternatives for its sustainable improvement. Data were collected by using pre-tested questionnaires and focus group discussion. Findings revealed that 46.34% of the responding farmers had taken their animals to government veterinary clinics after initially trying treatments with local medication. More than 90.00% of the clinical cases were diagnosed solely on clinical signs or even history alone. The antibacterial drugs found in veterinary clinics were procaine penicillin (with or without streptomycin), oxytetracycline and sulphonamides, whilst albendazole, tetramisole and ivermectin were the only anthelmintics. A thermometer was the only clinical aid available in all clinics, whilst only nine (45.00%) clinics had a refrigerator. In the private sector, almost 95.00% were retail veterinary pharmacies and only 41.20% fulfilled the requirement criteria set. Professionals working in the government indicated the following problems: lack of incentives (70.00%), poor management and lack of awareness (60.00%) and inadequate budget (40.00%). For farmers, the most frequent problems were failure of private practitioners to adhere to ethical procedures (74.00%) and lack of knowledge of animal diseases and physical distance from the service centre (50.00%). Of all responding farmers, 58.54% preferred the government service, 21.14% liked both services equally and 20.33% preferred the private service. Farmers’ indiscriminate use of drugs from the black market (23.00%) was also mentioned as a problem by private practitioners. Sustainable improvement of animal health service delivery needs increased awareness for all stakeholders and a well-regulated private service in order to mitigate the constraints apparent in the government service.

scholarly journals Adakah Ruang Ijtihad Untuk Isu Homoseks?

2003 ◽  
Vol 2 (1) ◽  
pp. 29
Author(s):  
Arif Maftuhin
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Islamic Jurisprudence ◽  
The Government

Thus far the views of experts of Islamic jurisprudence regarding homosexuality have been very clear in forbidding it. The Alqur'an, Hadith and Ijma' are the bases of the prohibition on marriages of this kind, although jurists differ in their views on the punishment for homosexual behaviour. Malik, ash-Shafi'i and Ahmad equate the punishment for homosexual acts with that for adultery, whereas Abu Hanifah views it as a ta'zir punishment (one determined by the government). Meanwhile, the· view of some that homosexuality is a natural and predetermined phenomenon presents its own challenges: how will Islamic law respond to the claim that homosexuality is a part of our basic human rights that must be protected?

Assessing e-Government Services

2010 ◽  
pp. 317-333
Author(s):  
Maniam Kaliannan ◽  
Murali Raman ◽  
Magiswary Dorasamy
Keyword(s):  
Service Delivery ◽  
Public Service ◽  
Government Service ◽  
Application Form ◽  
Filing System ◽  
Efficiency And Effectiveness ◽  
Working Together ◽  
The Government ◽  
Government Initiative ◽  
Tax Payers

Introduction of Electronic Government (e-Government) is seen as a tool to improve government service delivery to external and internal clients for the benefit of the government and the citizens and businesses that it serves. E-Government holds tremendous promise for improvements in the public service delivery as well to overcome many of the persistent public service problems. Successful delivery of online services has rapidly become an important measure of effective public sector management. The e-Government initiative in Malaysia was launched with the aim to improve the efficiency and effectiveness of government service delivery to its stakeholders, namely, citizens and businesses. The vision of e-Government is a vision for people in government, business and citizenry working together for the benefit of Malaysia and all of its citizens. The dual objectives of e-Government are to reinvent the government of Malaysia in terms of service delivery through the use of information technology and to catalyze the successful development of the Multimedia Super Corridor with IT as one of the leading sectors of the economy. One of the services that was launched as part of e-Government Flagship is on line tax filling or known as e-Filing by the Inland Revenue Board. Via this system, the taxpayers are able to complete an electronic application form and the necessary payment details within few keystrokes and hence complete their revenue declaration within minutes. The purpose of e-Filing service is to encourage every taxpayer to submit their income tax return through an online system, thus reducing the manual paper-based submission method. This system has received good response from the taxpayers. However, there is still a sizeable number who have yet to adopt e-Filing. An empirical assessment of adoption of e-Filing system involving 200 tax payers was carried out. The study aims to assess the extent of e-filling acceptance among the tax payers who have filed their tax forms online. Beyond this, the chapter also analyses the factors that contribute towards adoption of such system in Malaysia. The findings revealed that taxpayers have positive attitude in using the e-Filing system as they perceive that tax submission method via internet is more convenient than submission by post or by hand and that perceived readiness towards using this technology is paramount to their belief for using e-Filing system.

scholarly journals A Polemical Discourse over the Legitimation of Illegitimate Children under Islamic Law

2019 ◽  
Vol 27 (1) ◽  
pp. 151-179
Author(s):  
Isa Abdur-Razaq Sarumi ◽  
Azizah bt Mohd ◽  
Norliah bt Ibrahim
Keyword(s):  
Islamic Law ◽  
Feasible Solution ◽  
Fundamental Principle ◽  
Qualitative Approach ◽  
Legal Research ◽  
Islamic Jurisprudence ◽  
Putative Father ◽  
The Subject ◽  
Illegitimate Children ◽  
Muslim Scholars

Muslim jurists unanimously agree that any woman that gives birth to a child, the child is to be attributed to her husband and legitimacy of that child is to be established except in circumstances where the child is disclaimed by the husband through imprecation (li’an). However, dissension over the legitimation of children born out of wedlock has long been recorded in the classical books of Islamic Jurisprudence, although the majority of jurists’ opinion secured an overwhelming preponderance over others. The argument over the legitimation has recently been advanced in order to find a feasible solution to the alarming condition of children born out of wedlock. Interestingly, both opponents and proponents of the legitimation of illegitimate children among Muslim scholars buttress their arguments with the famously narrated hadith “al-walad lil firash” (“The child is traced to the owner of the bed i.e. the legitimate husband).” on the subject matter. Therefore, this article seeks to explore juristic interpretations of the hadith and the rationale behind the scholars’ dissention. This article is a result of a research that has been done through the adoption of a qualitative approach of research, which includes doctrinal and non-doctrinal legal research methodologies. It has been found that attributing a child to his putative father after the acknowledgement does not contravene the fundamental principle of Shariah; it is rather an opinion held by the majority of classical Muslim scholars.

scholarly journals ULIL AMRI AUTHORITY ON LIMITATION OF CONGREGATIONAL WORSHIPS IN THE PANDEMIC OF COVID-19 IN PERSPECTIVE OF FIQH SIYASAH

2020 ◽  
Vol 3 (2) ◽  
pp. 123-135
Author(s):  
Mustafa MH.
Keyword(s):  
Subject Matter ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Literature Study ◽  
The Subject ◽  
The Government ◽  
Muslim Communities

ABSTRACTThis article discusses the issue of limiting worship of Muslims in Indonesia, during the COVID-19 pandemic, which is regulated by Ulil Amri in Indonesia, namely the Government and Majelis Ulama Indonesia. In the regulation of restrictions on worship, it is not implemented as it should. There is a group of Muslim communities, which do not comply with the policy. This article is a literature study with a qualitative approach. The data in this study were produced from literature processing from various views of fuqaha, which is viewed from the perspective of fiqh siyasah. The results of the study concluded that Ulil Amri has full authority on social and ijtihadi (furu) issues, but not on the subject matter (ushul) of religion because it is the authority of Allah SWT as al-Shari '(maker of the Shari'a). Included in the Ulil Amri authority is issuing policies in preventing and overcoming the spread of the coronavirus in Indonesia, by implementing a policy of limiting worship, based on the fatwa from Majelis Ulama Indonesia, and with regulations issued officially by the Government.Keywords: COVID-19; Ulil Amri Authority; Worship Restrictions, Islamic Law

Marketing Strategies for E-Government and E-Agriculture Services in South Africa

2012 ◽  
pp. 76-89
Author(s):  
Blessing Maumbe ◽  
V. Owei
Keyword(s):  
South Africa ◽  
Service Delivery ◽  
Provincial Government ◽  
Communication Strategy ◽  
Call Centre ◽  
Western Cape ◽  
Government Information ◽  
Government Service ◽  
Market Communication ◽  
The Government

The government of South Africa (GSA) has embarked on a major program for e-service delivery. The Batho Pele Gateway Project is the access portal to government information and a key driver of the e-government transformation in South Africa. Although the GSA is determined to make e-government service delivery successful, the average citizen does not fully comprehend the key transformations driving government engagement with civil society and businesses. Therefore, the Cape Gateway Project (CGP) is confronted with the immense task to develop and implement a strategic marketing program for e-government by the Provincial Government of the Western Cape (PGWC) which is not only a portal, but also a call centre and walk-in centre. Various marketing tactics have been deployed, but their efficacy in elevating awareness levels and converting that to actual sustained use of e-government service delivery remains unknown. This chapter proposes an e-government marketing framework and uses CGP experience to examine communication and branding strategies for e-government in a South African context. Key challenges facing e-government market communication strategy are highlighted.

scholarly journals Konstruksi Filosofis Fatwa DSN-MUI

2018 ◽  
pp. 155
Author(s):  
Mohammad Fateh
Keyword(s):  
Islamic Law ◽  
Qualitative Approach ◽  
Public Interests ◽  
Legal Origins ◽  
Islamic Jurisprudence ◽  
Different Types ◽  
Muslim Scholars

This article aims to examine the method of ijtihad (independent reasoning) that is applied in constructing the fatwas issued by the National Sharia Council (DSN) under the Indonesian Ulema Council (MUI) as well as its philosophical values ​​by deeming the use of fiqh (Islamic jurisprudence) rules in terms of maslahah (benefits). A qualitative approach was employed in the study by exploring the DSN-MUI fatwas enacted ranging from 2000 to 2017. This present study highlights that the DSN-MUI used three approaches in establishing its fatwas, namely: naṣ qaṭ’i (definitive Islamic law in the Qur’an and Hadith), qauli (Muslim scholars’ perspectives), and manhaj (methodological interpretation). Additionally, the DSN-MUI completely concerned maṣālih ‘āmmah (public interests) and the objectives of Islamic law (maqāsid ash-shari’ah). Another finding promotes that 37 different types of fiqh rules were applied in the DSN-MUI fatwas, which were repeated 242 times. The Islamic jurisprudence rule that was widely implemented covered “the legal origins of muamalat (transactions) are permissible as there are no Islamic sources (dalil) that forbid them”. The quantity of use was 78 times with a percentage of 32.2. Furthermore, it can be noticed that 11 fiqh rules internalizing philosophical values were repeated 112 times. This study also offers that it is noteworthy to provide more norms of maqāsid ash-shari’a since there are lots of current issues in muamalat that have no legal considerations in the naṣ qaṭ’i.

scholarly journals Penyelesaian Kasus Jarimah Ikhtilat Di Gayo Menurut Hukum Islam

2020 ◽  
Vol 5 (2) ◽  
pp. 54
Author(s):  
Jamhir Jamhir
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Qualitative Approach ◽  
Customary Law ◽  
Legal Sanctions ◽  
The Government ◽  
The Village ◽  
Objective Research

This research discusses "The settlement of the Jarimah Ikhtilat case in Gayo according to Islamic law". The formulation of the problem put forward is (1). How is the settlement of Jarimah ikhtilath according to Gayo customary law? (2) How is the settlement of Jarimah ikhtilath in Gayo according to Islamic law? This research is descriptive analysis. Using a qualitative approach, namely research describing the results of objective research on situations encountered in the field and analyzed according to Islamic law. The conclusion of this study shows that the customary legal sanctions given to ikhtilath actors in Gayo are a fine of one complete goat or a fine on the agreement of the village sarak opat. If viewed according to Islamic law, that customary law sanctions do not contradict the concept of Islamic law. Because, in Islam it is stipulated that the perpetrator of ikhtilath is part of the finger of ta'zir, where the imposition of the sentence is fully handed over by the government, both in type and size, starting from the lightest punishment such as giving advice to the perpetrator, fines, lashing or exile up to the highest punishment, namely the perpetrator must be killed. The customary law sanctions regarding the ikhtilath case in Gayo include ta'zir sanctions, which type and size are determined by Sarak Opat, namely in the form of a fine of one goat.

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