Pengurusan Perkahwinan Masyarakat Rohingya di Malaysia Menurut Perspektif Undang-Undang dan Syariah

2020 ◽  
Vol 32 (2) ◽  
pp. 243-274
Author(s):  
Zulfaqar Mamat ◽  
◽  
Rodziana Mohamed Razali ◽  
Keyword(s):  
Qualitative Methodology ◽  
Legal Status ◽  
Islamic Law ◽  
Sampling Technique ◽  
Federal Agencies ◽  
Economic Conditions ◽  
Kuala Lumpur ◽  
Structured Interviews ◽  
Library Research ◽  
Regulatory Frameworks

A lack of policy and regulatory frameworks to administer and recognize marriage institutions especially among Rohingya refugees in Malaysia gives rise to various legal and social implications, non-compliance with Sharia law, as well as complications in the process of refugee resettlement to third countries. This research aims to discuss this issue including its repercussions from the legal and Sharia perspectives in Malaysia. It employs a qualitative methodology using library research and semi-structured interviews based on the purposive sampling technique with a number of respondents from the Islamic Religious Departments of Selangor, Federal Territory of Kuala Lumpur and Negeri Sembilan. These three states were selected taking into consideration their socio-economic conditions and employment opportunities, which serve as attractive destinations for migrants and refugees from various countries. This study reveals that the unrecognized legal status of refugees complicates the registration of Rohingya marriages in this country. Additionally, state autonomy in setting out the policies, laws and guidelines on the registration of marriages and divorces of Muslim refugees in Malaysia creates divergence in the management of their marriages. A streamlined and detailed set of guidelines should be finalized between the states and the relevant federal agencies so that marriages among Muslim refugees, including the Rohingya, can be better regulated, culminating in preservation of their rights and of Islamic law.

scholarly journals 'MAQASID AL-SHARIAH' IN ISLAMIC BANKS BEFORE VALUE-BASED INTERMEDIATION IMPLEMENTATION

2021 ◽  
Vol 18 (2) ◽  
pp. 173-189
Author(s):  
Sharifah Faigah Syed Alwi ◽  
◽  
Fateha Abd Halim ◽  
Tengku Dewi Ahdiyaty Tengku Ahmad Mazlin ◽  
Aizurra Haidah Abdul Kadir ◽  
...  
Keyword(s):  
Qualitative Methodology ◽  
Islamic Law ◽  
Human Life ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Structured Interviews ◽  
The Public ◽  
Library Research ◽  
Banking Institutions ◽  
Banking Operations

Bank Negara Malaysia (BNM) had introduced Value-Based Intermediation (VBI) initiatives to help Islamic banks implement a structuralised form of maqasid al-shariah (objectives of shariah (Islamic law)) in their banking operations. Thus, questions were raised by the public on whether or not Islamic banking institutions in Malaysia had been achieving maqasid al-shariah in their banking operations prior to VBI. This paper aims to discuss the real concept of maqasid al-shariah that should be realised in Islamic banks and investigate whether Islamic banks had truly been achieving maqasid al-shariah in their banking operations before the introduction of VBI. Library research is conducted to obtain information on maqasid al-shariah and the qualitative methodology is adopted to gain information from three bankers representing three Islamic banks in Malaysia via semi-structured interviews. The researchers found that the fundamental concept of maqasid al-shariah in Islamic banks includes the protection of religion, life, intellect, progeny and wealth in human life through the products and services offered by the banks. The Islamic banks were found to have developed their products and services to achieve maqasid al-shariah even before VBI was introduced by BNM. However, with VBI, a proper framework in achieving maqasid al-shariah has been developed.

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 Potential Causes and Outcomes of Communication Conflicts at the Workplace -A Qualitative Study in Pakistan

2016 ◽  
Vol 3 (3) ◽  
pp. 1-5 ◽  
Author(s):  
Sadia Deep ◽  
Hussain Othman ◽  
Berhanuddin Mohd Salleh
Keyword(s):  
Qualitative Study ◽  
Sampling Technique ◽  
Natural Phenomenon ◽  
Structured Interviews ◽  
Development Organizations ◽  
Library Research ◽  
Purposeful Sampling ◽  
Communication Conflict ◽  
Potential Factors ◽  
And Training

Occurring communication conflict among employees is a natural phenomenon at any workplace. However, for the effective resolution of these conflicts, it is indispensable to know the potential factors triggering these conflicts and making them destructive. This paper intends to investigate the causes, outcomes and the subsequent resolution of communication conflicts among employees at the workplace in the developing sector in Pakistan. The data for this qualitative study has gathered from library research and semi-structured interviews taken from the eighteen employees belonging to the three development organizations from the area of Peshawar and Islamabad in Pakistan. To derive sample for the study, a purposeful sampling technique has used. The analysis and transcription of the interview have made through following thematic techniques. The findings from this study reveal the poor communication, misunderstanding, and lack of other soft skills and traits as the significant causes of the communication conflicts while lacking of trust, stress, resignation and transferring are found to be potential outcomes. Some suggestions such as strong leadership and training of employees are also given for the effective resolution of these conflicts.

scholarly journals Health, Ageing Migrants and Care Strategies

2015 ◽  
Vol 8 (2) ◽  
pp. 75-86
Author(s):  
B. Bäckström
Keyword(s):  
Qualitative Methodology ◽  
Health Conditions ◽  
Economic Conditions ◽  
Active Ageing ◽  
Health Issues ◽  
Cape Verdean ◽  
Structured Interviews ◽  
Group Status ◽  
Thematic Content Analysis ◽  
The Relationship

This article is the result of a study that seeks to understand the relationship between socio-economic conditions, health and active ageing. We identified the activities related to active ageing in relation to health, the strategies used in active ageing and their determinants. We chose a qualitative methodology using semi-structured interviews and data processing that consisted of thematic content analysis in interviews. We carried out this analysis in two socio-economic groups of elderly Cape Verdean men and women in both groups making up a total of 22 cases. The socio-economic group interferes directly in the affairs of active ageing rather than health issues. In the higher socio-economic group, status determines active ageing rather than health issues. It is evident that in the group with lower socio-economic conditions, the latter act in parallel with health conditions and both determine activities developed by older people.

scholarly journals Migration and maternal health: experiences of brazilian women in Portugal

2013 ◽  
Vol 13 (4) ◽  
pp. 309-316 ◽  
Author(s):  
Ligia Moreira Almeida ◽  
Jose Peixoto Caldas
Keyword(s):  
Qualitative Methodology ◽  
Legal Status ◽  
Legal Rights ◽  
Qualitative Information ◽  
Structured Interviews ◽  
Medical Specialties ◽  
Holistic Perspective ◽  
Appropriateness Of Care ◽  
Women’S Perceptions

OBJECTIVES: to characterize maternal and neonatal healthcare provided to Brazilian population, assessing key factors: access, use and quality of care received during this period. The goal was to assess possible differences regarding women's perceptions regarding the quality and appropriateness of care received, providing qualitative information, as part of a holistic perspective. METHODS: the present study adopted a qualitative methodology (semi-structured interviews) for collecting and analyzing data. Possible differences in women's perceptions regarding the quality and appropriateness of care received were assessed, providing qualitative information, as part of a holistic perspective. The present study was based on privileged information obtained from Brazilian women, residing in the metropolitan area of Porto, regardless of their legal status. RESULTS: a certain dissatisfaction emerged among Brazilian women regarding the quality of information provided by health professionals, the communications skills of these professionals, in addition to a perception of reduced access to medical specialties, especially in primary care. Misinformation about legal rights and inappropriate clarification during medical appointments were frequently reported and interacted with social determinants to result in poorer medical care. CONCLUSIONS: special attention should be given to the specific needs and understanding of immigrants during pregnancy and motherhood in order to improve healthcare. New challenges tend to lie not only in ensuring access, but mostly in promoting equity, as away of providing high-quality care for all.

scholarly journals The role of Sukuk in achieving sustainable development: Evidence from the Islamic Development Bank

2020 ◽  
Vol 15 (4) ◽  
pp. 36-48
Author(s):  
Hanan Al Madani ◽  
Khaled O. Alotaibi ◽  
Salah Alhammadi
Keyword(s):  
Sustainable Development ◽  
Qualitative Methodology ◽  
Islamic Law ◽  
Secondary Data ◽  
Well Being ◽  
Annual Reports ◽  
Primary Data ◽  
Development Bank ◽  
Structured Interviews

The purpose of this study is to examine the compliance of Islamic Development Bank (IDB) Sukuk with Maqasid Al-Shari’ah (objectives of Islamic law) in relation to human development and well-being. The paper provides a theoretical model explaining how Sukuk can achieve Maqasid Al-Shari’ah by assessing the role of Sukuk in the circulation, development, and preservation of wealth to attain social justice. This study employs a qualitative methodology using an empirical case study. The primary data are collected through elite semi-structured interviews. The secondary data are obtained using a content analysis method from Sukuk’s Principle Terms and Conditions, Information Memorandum and IDB’s annual reports for the period 2007–2017 to explain the structures and features of the Sukuk and examine their compliance with the developed model. The findings indicate that the Medium Term Note (MTN) Sukuk program positively serves the elements of hifth al-mal (safeguarding wealth), showing a direct relationship between the shift of wealth among parties and the compliance of Maqasid Al-Shari’ah. This implies that the investments made by Sukuk would benefit everyone, including individuals, institutions, societies, and the whole country, to achieve human well-being and sustainable development. Nonetheless, the analysis suggests that Shari’ah supervisory boards need to focus more on the substance when structuring Sukuk to help Islamic finance benefit in terms of moving towards the achievement of Maqasid Al-Shari’ah.

scholarly journals Epistemologi dan Falsafah berkaitan Terapi Muzik dari Perspektif Cendekiawan Muslim

2021 ◽  
Vol 19 (1) ◽  
pp. 110-119
Author(s):  
ROZIAH SIDIK@MAT SIDEK ◽  
AZMUL FAHIMI KAMARUZAMAN ◽  
MOHD JAILANI ABDULAH
Keyword(s):  
Qualitative Methodology ◽  
Legal Status ◽  
Well Being ◽  
Spiritual Values ◽  
Philosophy Of Music ◽  
Ibn Sina ◽  
Secondary Sources ◽  
Library Research ◽  
Islamic Civilization ◽  
Islamic Psychotherapy

This article studies the comparative analysis of epistemology and philosophy of music in the Islamic civilization according to the viewpoints of medieval scholars in the Islamic civilization. The scholars selected are al-Kindi, Ikhwan al-Safa, al-Farabi and Ibn Sina. The basis of this research begins from the polemic among scholars concerning the legal status of using music, whether permissible or forbidden, due to the absence of authenticated textual proof (nas qat’i) from al-Quran and protracted debate over the authenticity of hadith on the prohibition of music. Behind the debate is that music was applied as an Islamic psychotherapy method of treatment in hospitals of the medieval Islamic civilization such as Fez Hospital in Morocco, cAdudi Hospital in Baghdad, al-Mansuri Hospital in Cairo, Nuri Hospital in Damascus, al-Arghuni Hospital in Allepo, Gevher Nesibe Hospital and Giyaseddin Keyhusrev Medical Hospital in Kayseri, Keykavus Hospital in Sivas, Turan Malik Hospital in Divrighi, Pervane Bey Hospital in Tokat, Atabey Ferruh Hospital in Cankiri, Ali bin Pervane Hospital in Kastamonu, Amasya Hospital in Amasya, Fatih Hospital in Istanbul, Edirne Sultan Bayezid II Hospital in Edirne and Suleymaniye Hospital in Istanbul. This research uses qualitative methodology and library research method by analyzing various primary and secondary sources. Research results show that there is a slight discrepancy of views between supporters of neo-Pythagorean (al-Kindi and Ikhwan al-Safa) and Aristotelian (al-Farabi and Ibn Sina) schools of thought from the epistemological viewpoint. However, in terms of philosophy, there seems to be points of similarity in the matter of enhancement of moral and spiritual values for the sake of human well-being, whether physical or spiritual.

scholarly journals PROBLEMATIKA IDDAH WANITA HAMIL DI LUAR NIKAH

Mahakim ◽  
2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Moh. Nafik
Keyword(s):  
Pregnant Women ◽  
Legal Status ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Library Research ◽  
Marriage Contract ◽  
The Status ◽  
The Subject ◽  
Written Materials ◽  
Legal Consequences

There are many aspects that need to be studied to see and understand in detail, including the study of the opinions of ulama ‘and KHI in addressing the problematic marriage of pregnant women out of wedlock. In this study, researchers sought to examine these two perspectives by looking at the underlying factors of the contovercial marriage of pregnant women out of wedlock in Indonesia. This is very urgent because the differences in legal consequences contained in KHI and perceptions of ulama ‘, which are actually manifestations of Islamic law are very visible. As in Article 53 KHI which tends to open wide the possibility for people who are not responsible for adultery, coupled with the legal consequences contained in KHI for adulterers is very light compared to the had law applied in some Islamic countries. To simplify this research, the compilers use a type of library research (library rescarch), whose data sources are extracted from written materials in the form of legal texts, both in the form of verses of the Qur’an, the books of hadith, rules of Islamic law and other written sources that are relevant to the subject matter of the marriage of pregnant women out of wedlock. The nature of this research is descriptive-analysis-comparative research. Because this study besides describing the marriage of pregnant women in the study of fiqh science descriptively, also compared the opinions of ulama ‘and KHI regarding the status of iddah for pregnant women out of wedlock. From the perceptions of ulama ‘and KHI, then the conclusion arises that there are differences of opinion between the two. For the Mālikī the marriage of pregnant women out of wedlock is divided into the marriage of pregnant women due to adultery with men who impregnate (biologically) and / or with other men (non-biological). Whereas KHI is more general and does not differentiate with whom the woman will marry. Apart from that, the child is pregnant. Pregnant women out of wedlock may be married by someone who impregnates her or by someone else who is not impregnating her, because there is no real prohibition from the Koran or Hadith. And the legal status of a legal marriage contract while fulfilling the pillars and the marriage conditions that have been determined by Islamic law, in addition there is also an element of benefit. Keywords: Iddah, Pregnant Outside of Marriage, Hamil Di Luar Nikah

scholarly journals Status Hukum Wali Nikah bagi Ayah Pelaku Incest terhadap Anak Kandung: Tinjauan Empat Mazhab dan Kompilasi Hukum Islam

2018 ◽  
Vol 12 (1) ◽  
pp. 161
Author(s):  
Ahmad Fatah ◽  
Sri Utami
Keyword(s):  
Subject Matter ◽  
Legal Status ◽  
Islamic Law ◽  
Legal Basis ◽  
Biological Child ◽  
Library Research ◽  
The Subject ◽  
The Guardian

<p>The purpose of this study was to describe the legal status of the guardian of marriage for the father of the incest against the biological child. This study is limited to a review of four schools and the Compilation of Islamic Law (KHI). This study is a library research, which is to examine several basic and secondary references to discuss the subject matter of the study. The results of this study state that guardian marriage is one of the pillars of marriage and there is no marriage if there is no guardian. A marriage is considered invalid if there is no guardian who allows the bride to leave the bridegroom. Thus the presence of guardians in marriage can play a role in protecting women from possible disadvantages in their marital life. As for the marriage guardian, it is regulated in Article 19 to Article 23 Compilation of Islamic Law. Imam Maliki, Shafi'i, and Hambali argue that guardians are a legitimate condition of a marriage, while Imam Abu Hanifah argues that a woman may marry herself without a guardian. The legal basis of the opinions of Imam Maliki, Shafi'i, and Hambali are several hadiths. The opinion of Imam Abu Hanifah based on the hadith of the Prophet narrated by Bukhari and Muslim from Ibn Abbas r.a.</p>

scholarly journals Hubungan antara Francaisor dan Francaisi dalam Pelaksanaan Perniagaan Francais Menurut Al-Qur'an Al-Karim

2020 ◽  
Vol 22 (1) ◽  
pp. 96-109
Author(s):  
Mohd Huefiros Efizi Husain ◽  
Noor Naemah Abdul Rahman ◽  
Nor Fahimah Mohd Razif
Keyword(s):  
Research Method ◽  
Qualitative Methodology ◽  
Islamic Law ◽  
Business Owners ◽  
Relevant Evidence ◽  
Library Research ◽  
The Relationship

Artikel ini bertujuan mengenalpasti dalil berkaitan yang ditemui dalam Al-Qur'an al-Karim terhadap hubungan di antara francaisor dan francaisi di atas pelaksanaan perniagaan francais. Ia berperanan sebagai panduan secara menyeluruh sepanjang perjanjian berlangsung bagi membatasi berlakunya konflik yang boleh menyimpangi daripada matlamat francais dicapai. Manakala francais pula merupakan model industri yang dilengkapi dengan pakej sedia ada mengikut akta francais persekutuan seperti pendaftaran, latihan dan pemasaran bergantung kepada kehendak syarikat francais masing-masing. Oleh itu, kajian ini mengkelaskan dalil daripada al-Qur'an al-Karim yang berkaitan dengan hubungan francaisor dan francaisi bagi memudahkan rujukan dilakukan mengikut sudut tertentu. Metodologi analisis kualitatif diaplikasikan dalam kajian ini supaya objektif kajian berjaya dipenuhi melibatkan kaedah kepustakaan terhadap pembacaan daripada pelbagai sumber. Hasil kajian mendapati hubungan kedua-duanya dapat ditemui dalam al-Qur'an melibatkan di antaranya sudut pengetahuan, pematuhan dan pertolongan. Kajian ini mencadangkan agar kepentingan memelihara hubungan di kalangan pengusaha perniagaan francais dapat disedari dengan baik berpandukan dalil daripada sumber pertama perundangan syara' dan berupaya memenuhi setiap hak pihak yang terlibat. Abstract This article seeks to identify the relevant evidence found in the Quran on the relationship between franchisors and franchisees in the conduct of franchise business. It serves as a comprehensive guide throughout the agreement to limit conflicts that may deviate from achieving the goals of franchising While franchise is an industry model that comes with existing packages under the federal franchise act such as registration, training and marketing depending on the needs of their respective franchise companies. Therefore, this study describes the evidence in the Quran in relation to franchisors and franchisees relationship to make reference easier for certain angles. The qualitative methodology was applied in this study so that the objectives of the study were successfully fulfilled involving library research method by reading from various sources. The results show that the relationship between the two can be found in the Quran involving knowledge, obedience and help. This study suggests that the importance of maintaining relationships among franchise business owners is well understood based on the evidence from the first source of Islamic law and strive to fulfill every right of the parties involved.

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