SOUTH AFRICAN NATIONAL DEFENCE FORCE (SANDF) DROPS CHARGES AGAINST HIJAB-WEARING OFFICER: CASE IN POINT SOUTH AFRICA

Over the last few decades, a piece of fabric has become a powerful and divisive symbol worldwide. Since the tragic events of 9/11, this piece of fabric has become a topic of great debate, at local, national, regional and international level. The veil as worn by some Muslim women has assumed iconic proportions around the globe. To some it symbolizes piety to others, oppression. To some it is a rejection of Western morality to others, a rejection of modernity. To some, it is a religious statement supporting Islam as a way of living; to others, a political statement supporting violent Islamists. These disparate attributions exemplify the power of nonverbal communication and support the maxim that words and objects contain no inherent meaning; only people assigned meaning. This article discusses the status of religious rights and freedoms under the South African Constitution. One aspect of this change is the change that has affected the various religions, cultures, and customs in South Africa. It is therefore, viewed by many as a constitution for the people of South Africa which includes a Bill of Rights. Historically speaking, for the very first time since colonialism, all religions were guaranteed the of religion. Furthermore, religions, cultures and languages are deep-rooted in the various constitutional provisions, namely, sections 9(3), 15(1) to (3), 30, 31, 185 and 234 respectively. These constitutional provisions are solidified by section 7 which obliges the state to respect, protect, promote and fulfil the provisions set forth in the Bill of Rights. The article concludes with an argument for the recognition of plurality of religions and religious legal systems in South Africa.

THE COMPARATIVE STUDY OF DOWRY REGULATIONS IN INDONESIA AND MOROCCO LEGISLATIONS

This article compares dowry regulations in Indonesia and Morocco. Bearing in mind that Indonesia and Morocco have different characteristics in dowry matter, the regulations are worth comparing for. As understood in Islamic marriages, dowry is an important obligation and must be fulfilled by the bridegroom for the bride. Normative Islamic teaching advocates for dowry that is simple and reasonable, but in practice, sometimes dowry becomes expensive and difficult to be given, and thus, causing unfavorable effects. In addition, dowry also has the potentials to be subjected to disputes between husband and wife if not regulated by legislation in details. The author uses a comparative study of law guided by a normative approach through library research. The main source is the statutes of two countries. Analysis technique used is content analysis. As a result, it is found that with different backgrounds of fiqh school in Indonesia and Morroco-one being strongly influenced by Shāfi‘ī school and the other is influenced by Mālikī school-have similar rules on dowry. The only significant difference is that the Mālikī School and its legislation in Morocco considers dowry as a marriage pillar. Meanwhile, the Shāfi‘ī school and its legislation in Indonesia, even though the dowry is regarded as compulsory, it does not become a condition or a marriage pillar. Other differences are the definition of dowry, regulation of wife’s luggage, lost dowry, defective dowry, introduction of mithil dowry, regulation of dowry disputes before entering the household, and regulation of furniture disputes other than the wife’s luggage.

A SYSTEMATIC REVIEW OF CONTEMPORARY AND INNOVATIVE WAQF SOURCES: CASH AND SERVICE WAQF

Waqf has been one of the major sources of public financing in Islamic tradition. Since early Islam, waqf serves the needs of the ummah in various realms, including education, social development and public needs. Traditionally, waqf has been in the form of fixed and tangible assets. Up until recently, cash waqf has been proposed as one of the sources of waqf. On the other hand, there has been also a suggestion to innovate the practices of waqf in order to assure that they meet the current challenging world. One of the new innovatives of funding waqf sources apart from cash waqf is Service Waqf. Giving this background, this paper endevour to do a systematic review analysis of the Service Waqf as well as well established cash waqf practices as innovatie way for diversifying waqf source in Malaysia. In reviewing the topics systematically, this paper gathered all related articles from Emerald Insight, Google Scholars, Jstor, and Scopus databases. Relevant journal articles were being searched via the internet in several database sources using advanced searching features available in those database based on specific keywords. The relevant journals were selected based on the latest findings which had been published between year 2010 until 2020. From the systematic review analysis, 20 journal articles regarding ethical issues in gamification were filtered and selected using PRISMA statement. Findings from this systematic analysis show that issues pertaining to the cash waqf were among the major discourse in the waqf innovation. Much have been emphasised on the waqf management and governance and also the reason waqf application in a institution. Less has been given into the service waqf and its benefits to communities.

PRINSIP PERHUBUNGAN AWAM MENURUT PERSPEKTIF ISLAM: PENELITIAN KONSEPTUAL

Public relations are one of the essential elements for most of the organisations today. It is a center of focus in the organisations for channeling and disseminating the information both internally and internationally. Usually, public relations unit is the entity that responsible and directly involved in the public relations process. However, in the absence of a dedicated public relations unit, other people or units play a role in carrying out public relations responsibilities. In fact, most of the organisations use public relations to handle current issues or difficulties. Besides, it is used as one of the channels to publicize the achievements and successes achieved by the organisations. While conducting public relations, it might cause several issues such as non-transparency, interruption and inconsistencies. These should be avoided because they are not only destroying the social norms but also religious norms. Thus, this article will explain the fundamentals of Islamic public relations. Data are gathered through library study, as well as research on the Qur’an, Sunnah, and history. Next, it will be analysed using content analysis. Based on the findings, there are five elements of Islamic public relations: (1) create understanding, (2) protect the truth, (3) honor the promises, (4) use acceptable language and (5) take appropriate approach. The outcomes of this research will contribute to the development of knowledge in the field of public relations in general and Islamic public relations in particular.

HARMONIZATION IS THE ONLY “GAME” IN TOWN; ACTUALIZING THE FUNCTIONALITY OF VITAL ISLAMIC FINANCIAL INSTITUTIONS: A CASE OF WAQFS IN NIGERIA

While it is true that more often than not, constitutional democracies might enshrine freedom of religion and thus provide for equal treatment of all religions within a given state, the Islamic characterization of the waqf institution transcends the subsisting limits allowed for in the not-for profit legal infrastructure including their taxation exemption provisions in the Nigerian state. According to modest statistics, Nigeria is home to about 100 million Muslims but her governing laws are at best described as secular. The objective of this research is therefore to harmonize the Islamic law of waqf institution and the extant not-for-profit laws in Nigeria such that the institution can function within the Nigerian state without infringing on the Islamic Shariah whilst at the same time complying with the constitutional dictates of the country. The merits of such an exercise are numerous. It could readily be replicated in other non-Muslim jurisdiction across the world. Nigeria being the largest economy in Africa, the dividends of such an exercise would cascade across the continent consisting mainly so called developing countries.

CONCEPTS AND BASIS OF INTERNATIONAL RELATIONS IN ISLAMIC GOVERNMENT PERSPECTIVE

After the Muslims spread Islam throughout the universe, the contact of the Muslims with the a‘jam nations had entered a new chapter in international relations. Territorial boundaries displayed in plain sight do not make Muslims limit themselves in interactions between countries. The relationship between Muslims and other nations is inspired by the teachings of Islam itself, which requires Muslims always to maintain peace between Muslims and internal and external Muslims. Islam has laid the foundation of peace in international relations with one main stipulation that Muslims are not allowed even to interfere in the internal affairs of other nations. The methodology used in this research is to use a literature review approach, namely reviewing the literature related to this research. The purpose of this study is to reveal how Islam regulates relations with non-Muslims, both in the territory of Islam and with the region of non-Muslims, as exemplified by the Prophet Muhammad how he established links with the Quraish infidels through the Hudaybiyah agreement and with the other unbelievers such as the agreement contained in the Medina Charter. The results of this study revealed that since the time of the Prophet Muhammad, SAW had taught to have good relations with other nations, and it was passed on by the companions of the Prophet, even regarding today how each country should maintain good relations with other countries and of course it can be profitable for both countries.

ANALISIS TADBIR URUS MAJLIS PERBANDARAN JASIN: IMPLIKASINYA TERHADAP KUALITI HIDUP PENDUDUK DARI PERSPEKTIF MAQĀṢID AL-SHARĪ‘AH

Governance is an important thing for Local Authority to ensure resident’s life in good condition at their administration area. In this study, the Researcher used the quality measure of life from the Malaysian Quality of Life Index 2011 such as housing, environment, health, safety and transportation & communication to explore the impact of local government’s administration on quality of life. The objective of this study is to detect the existence of elements of Maqāṣid al-Sharī‘ah in the quality of life governance of Jasin Municipal Council, to study how the Jasin Municipal Council manage the quality of life of residents under its jurisdiction and to know the extent of Jasin Municipal Council on the issue of quality of life. this study uses a fully qualitative method through the analysis of interviews, documents and observations. Overall, this study shows that the quality and performance of Jasin Municipal Council’s services can affect the quality of life population in its administrative area. Beside that, this study also shows Maqāṣid al-Sharī‘ah should be given a priority on each of their action because Maqāṣid al-Sharī‘ah is an objective to better of life.

FIQH AL-AQALLIYYAH AND MUSLIM MINORITIES IN A NON-MUSLIM COMMUNITY

This study researches into the legal theory of fiqh al-aqaliyyah and Muslim minorities in a contemporary non-Muslim community. In order to achieve this objective, the paper examines the fiqh al-aqalliyyah, its legal position in Islamic jurisprudence, its legal instruments and its applicability to lessen the physical, social, financial and emotional hardships or difficulties encountered by Muslim minorities who find themselves in an unfamiliar non-Muslim environment. Research method used in this study is expository, descriptive and analytical in order to showcase the applicability of fiqh al-aqalliyyah in the modern legal theory within the context-specific and needs-based neo-ijtihād legal rulings for Muslim minorities. Conclusively, the paper makes findings that context-specific and needs-based neo-ijtihād legal rulings of fiqh al-aqalliyyah is still viable in this contemporary period to arrest new jurisprudential challenges facing the Muslim minorities in non-Muslim communities. Also neo-ijtihād exercise of fiqh al-aqalliyyah from a competent Islamic jurists and legal theorists of a particular society is meant for that society only and should not be given general or universal application so as not to cause confusion in the context-specific and needs-based jurisprudential response. Finally, the study recommends that Muslim minorities should make use of the Islamic jurists and legal theorists’ neo-Ijtihād exercise of fiqh al-aqaliyyah which are peculiar to their environment in procuring solutions to some of the contemporary Islamic jurisprudential challenges facing them in the non-Muslim community.

NUSHŪZ AS A CAUSE OF DOMESTIC VIOLENCE IN NIGERIA: THE QUR’ANIC PROVISION FOR PEACEFUL FAMILY LIFE AND THE ROLE OF MUSLIM WOMAN IN THE PROCESS

One of the common social problems in Nigerian society nowadays is the increasing of violence against women and children, mostly by male members of a family. Unfortunately, the problem has assumed a new dimension in recent times as husbands become victims of their wives leading violence against them. Throughout the history of human existence on earth. The Qur’ān identifies nushūz as a factor that leads to family crises in marriage contracts and steps have been recommended for peaceful resolution of such disputes in the Qur’ān. However, in spite of this provision, violence against family members is on increase among Muslim families in Nigeria. Some of the questions that many will ask are whether Muslim couples are aware of the Qur’anic guidance in resolving family crises or not? To what extent do the Muslims follow the Islamic teachings in matters related to family life before, during and after disputes? How can such increasing violence be controlled following the teachings of the Qur’ān and Sunnah of the Prophet SAW? What shall be the role of Muslim women in promoting peaceful life within the family? The paper is an attempt to answer the above questions and recommend the best ways to improve family life among Muslims. This will be through analytical studies of relevant texts of the Qur’ān and Sunnah and the current realities in Nigerian Muslim families with a particular reference to Gombe metropolitan city of Gombe State, Nigeria. The paper recommends that Islamic values should be emphasized and upheld at all levels of family life by all and sundry.

LIABILITI BAGI PENIPUAN TORT DALAM FORENSIK

Deceit is one branch of the offense under tort law. Deceit can be said to be a fraud act committed by someone who caused the other party to suffer loss or injury. The party suffering a loss or an injury can bring a claim in court on the basis of the tort law. Besides, the claimant must proof several important things before the court can decide the liability. This proof or evidence requires scientific verification by forensic experts. The testimony of the forensic expert can be used to convict deception and also can be used to dismiss the case in court. However, some forensic evidence is wrongly given in the trial. This has a significant effect on both the claimant and the defendant. As a result, the question arises as to what is the liability for tort of deceit in forensic according to tort and Islamic law. The purpose of this study is to define the meaning of deceit in tort and Islamic law as well as the liability for tort of deceit in forensic. This is a case study which gathered materials based on literature reviews, including cases published in Malaysian legal journals as well as cases addressed by fuqaha. The study was analyzed using thematic and descriptive methods. The study found that deceit is an offense according to tort and Islamic law. The liability for tort of deceit by a forensic expert must be determined on the grounds of which the deceit was knowingly committed while testifying to the evidence before the court. This study has implications to the judiciary; legal practitioners in Malaysia and to the forensic experts who were called to adduce evidence in court.