Jurnal Fiqh最新文献

POLEMIK AMALAN KHITĀN WANITA DI MALAYSIA MENURUT PERSPEKTIF ISLAM: SUATU KAJIAN AWAL

Jurnal Fiqh Pub Date : 2023-06-30 DOI: 10.22452/fiqh.vol20no1.3

Norazam Khair Mohd Ithnin, I. Suliaman, Abdul Halim Ibrahim

{"title":"POLEMIK AMALAN KHITĀN WANITA DI MALAYSIA MENURUT PERSPEKTIF ISLAM: SUATU KAJIAN AWAL","authors":"Norazam Khair Mohd Ithnin, I. Suliaman, Abdul Halim Ibrahim","doi":"10.22452/fiqh.vol20no1.3","DOIUrl":"https://doi.org/10.22452/fiqh.vol20no1.3","url":null,"abstract":"The practice of female circumcision in Malaysia has been heavily criticized as being similar to Female Genital Mutilation (FGM) in Africa. This criticism followed a 2018 United Nations Human Rights (UNHR) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) recommendation, which called on Malaysia to stop the practice. Among the claims made were that female circumcision is just a tradition and not a religious requirement, and that the hadith used to justify the practice is not authoritative. This study aims to identify the polemics surrounding the practice of female circumcision in Malaysia. It is an initial qualitative study that uses content analysis to analyze data. The study found that there are five main reasons that have caused the polemics regarding female circumcision in Malaysia such as a disagreement regarding the practice of female circumcision in Malaysia, with some viewing it as a local custom. Furthermore, contemporary scholars are debating its legitimacy based on the authentication of relevant hadith sources. Meanwhile, the different methods employed raise concerns about the understanding and implementation of female circumcision among medical practitioners in Malaysia, further exacerbated by the absence of authoritative guidelines on female circumcision by regulatory authorities in Malaysia. In conclusion, this study suggests that the polemics surrounding female circumcision in Malaysia must be resolved by continuing research that can produce safe and Shariah-compliant guidelines.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127831173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

ANALISIS KOMPUTASIONAL APLIKASI SUN COMPASS DALAM PENENTUAN ARAH KIBLAT MUSLIM 计算机分析太阳罗盘应用程序确定穆斯林麦加的方向

Jurnal Fiqh Pub Date : 2023-06-30 DOI: 10.22452/fiqh.vol20no1.1

Mohamaddin Abdul Niri, Nurulhuda Ahmad Zaki, Mohamad Luqman Hakim Mohd Nor

{"title":"ANALISIS KOMPUTASIONAL APLIKASI SUN COMPASS DALAM PENENTUAN ARAH KIBLAT MUSLIM","authors":"Mohamaddin Abdul Niri, Nurulhuda Ahmad Zaki, Mohamad Luqman Hakim Mohd Nor","doi":"10.22452/fiqh.vol20no1.1","DOIUrl":"https://doi.org/10.22452/fiqh.vol20no1.1","url":null,"abstract":"Sun Compass is a smartphone app that was developed to determine the Muslim qibla direction around the world. The invention of the Sun Compass is said to be a solution to the inaccuracy problem in Qibla app due to its susceptibility to magnetic interference. Based on the calibration technique of the sun’s shadow and true north reference, the Sun Compass showed a high accuracy of the Qibla direction angle. Therefore, this study was conducted to check the Sun Compass’s accuracy by comparing the Qibla direction display with the Qibla shadow. Data collection was carried out through field observation and the collected data were analysed computationally and comparatively. The results of the study found that the Sun Compass application has a deviation value of less than 0.5° with a 99%-confidence level of 0.1015 and it is still below the limit of deviation from the direction of the qibla (had al-tahawwul ‘ani al-qiblah) which, in Malaysia, is allowed for not more than 3°. This study concludes that the application of Sun Compass in assisting Muslims to determine the direction of Qibla is more accurate empirically than other Qibla apps.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122260189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

التكييف الفقهي لجريمة الابتزاز عبر الوسائل الالكتروني وعقوباتها في الشريعة الإسلامية 伊斯兰教法对电子勒索罪及其刑罚的法律定性

Jurnal Fiqh Pub Date : 2023-06-30 DOI: 10.22452/fiqh.vol20no1.6

Sultan Sabil Alanazi, A. K. Ali, Shahidra Abdul Khalil

{"title":"التكييف الفقهي لجريمة الابتزاز عبر الوسائل الالكتروني وعقوباتها في الشريعة الإسلامية","authors":"Sultan Sabil Alanazi, A. K. Ali, Shahidra Abdul Khalil","doi":"10.22452/fiqh.vol20no1.6","DOIUrl":"https://doi.org/10.22452/fiqh.vol20no1.6","url":null,"abstract":"The development in the technical field was accompanied by the emergence of new forms of crimes, including the crime of extortion, which moved from the traditional reality to the virtual world, and the technical means of communication became a lush ground for it. The forms and methods of committing it also varied, and accordingly this research seeks to define this crime and explain its characteristics and international legislation to reduce it. The study also seeks to clarify the jurisprudential adaptation of this emerging incident and tries to liberate the jurisprudential principle on which it is built. The researcher used the analytical descriptive approach due to its suitability for the variables of the study. The research concludes several results, the most prominent of which are: (i) the importance and necessity of al-takyif al-fiqhi to demonstrate the comprehensiveness of Islam for all facts and calamities, (ii) the crime of electronic extortion changes its form and accelerates with digital growth, the importance of holding developmental courses in the technical aspects of workers in the judicial sector, and (iii) to understand the characteristics of this milieu, so that the judge and the mufti are fully aware of the cases or fatwas referred to them that enable them to clarify the estimated punishment and prevent these crimes.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124800452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

القواعد الثلاثة في فكر عبد المقسط غزالي: دراسة تحليلية نقدية 阿卜杜勒·加扎利思想中的三项规则:批判性分析

Jurnal Fiqh Pub Date : 2023-06-30 DOI: 10.22452/fiqh.vol20no1.5

Rizky Ardiansyah, Mustafa Mat Jubri Shamsuddin

引用次数: 0

ANALISIS HUKUM PENGLIBATAN WANITA SEBAGAI PENGEBOM BERANI MATI BAGI KUMPULAN EKSTREMISME AGAMA

Jurnal Fiqh Pub Date : 2023-06-30 DOI: 10.22452/fiqh.vol20no1.2

Muhd Imran Abd Razak, Mohd Anuar Ramli, Muhammad Yusri Yusof @Salleh

{"title":"ANALISIS HUKUM PENGLIBATAN WANITA SEBAGAI PENGEBOM BERANI MATI BAGI KUMPULAN EKSTREMISME AGAMA","authors":"Muhd Imran Abd Razak, Mohd Anuar Ramli, Muhammad Yusri Yusof @Salleh","doi":"10.22452/fiqh.vol20no1.2","DOIUrl":"https://doi.org/10.22452/fiqh.vol20no1.2","url":null,"abstract":"Suicide bombing refers to someone who carries out a bomb attack with the intention of killing themselves as well as others. The destruction of human life, particularly involving women, without proper justification is considered contrary to religious and humanitarian values. However, there are extremist groups that use women to carry out suicide attacks that are oriented around religious arguments. Therefore, this study was conducted to analyze the fiqh perspectives on suicide attacks, particularly those carried out by women in the Islamic State (IS) group. This qualitative study used a selected informant interview approach in addition to document analysis of the IS group’s Dabiq magazine and other written materials. The results of the study show that suicide bombings, lone wolf attacks, and the like by women in the IS group against any infidels or those considered apostates are actions that are contrary to Islamic teachings. They are considered forbidden and sinful. However, scholars have differing views regarding suicide bombers that are specific only to the context of the Palestinian state and not other Islamic territories.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122209316","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

SEX MORALITY AS THE ESSENCE OF KAFA’AH IN MARRIAGE ACCORDING TO KITABUN NIKAH AL-BANJARY AND THE COMMUNITY OF BANJAR 性道德作为婚姻中kafa 'ah的本质，根据kitabun nikah al-banjary和banjar社区

Jurnal Fiqh Pub Date : 2023-06-30 DOI: 10.22452/fiqh.vol20no1.4

A. Hafidzi, A. Hasan, Gusti Muzainah, Fahmi al-Amruzi

引用次数: 0

Pengaruh Budaya Popular Rave Dalam Kelompok Remaja Bandaran: Analisis Dari Perspektif Hukum Islam

Jurnal Fiqh Pub Date : 2022-12-30 DOI: 10.22452/fiqh.vol19no2.1

Muhammad Hafiz, Syed Mohd Jeffri Syed Jaafar, Mohd Anuar Mohd Ramli

{"title":"Pengaruh Budaya Popular Rave Dalam Kelompok Remaja Bandaran: Analisis Dari Perspektif Hukum Islam","authors":"Muhammad Hafiz, Syed Mohd Jeffri Syed Jaafar, Mohd Anuar Mohd Ramli","doi":"10.22452/fiqh.vol19no2.1","DOIUrl":"https://doi.org/10.22452/fiqh.vol19no2.1","url":null,"abstract":"Rave culture’s emergence is similar to the Rock, Punk, Black Metal, Skinhead, and Gothic subcultures that once created a phenomenon in this country. The spread of this culture fulfils the desire for enjoyment among some social groupings. Rave is a new subculture of dance activities performed by groups of urban teenagers, particularly in Kuala Lumpur. It embodies the character of the youth group, as evidenced by its symbolism and mode of operation. Therefore, the focus of this qualitative study is an evaluation of Rave popular culture through the lens of Islamic law. To achieve its goal, this study employs a full library approach to data collection from documentation materials, either in print or visually in the form of Youtube videos. The data is then inductively analysed to formulate an Islamic law perspective. This study discovered that Rave activities carried out by urban youth groups in this country have undergone changes that distinguish them from Rave activities originating in pubs and clubs. The difference is in carrying concept, manner of activities, type of song, and location of activity. However, the difference does not justify the practice of this culture because it has no discernible positive impact on the local community’s social system. According to Islamic law, it falls under the category of haram acts due to the presence of neglectful entertainment and unlawful aspects, such as the imitation of immoral culture. In fact, it has the potential to erode the value of Malay politeness among teenagers. So that, to ensure the sustainability of the value system that is their identity, groups of teenagers should be guided so that they do not randomly imitate foreign popular cultures.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"14 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131302737","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Pendekatan Siyāsah Syar‘Iyyah Dalam Menangani Isu Perundangan Jenayah Semasa Di Malaysia

Jurnal Fiqh Pub Date : 2022-12-30 DOI: 10.22452/fiqh.vol19no2.2

Shahidra Abdul Khalil

{"title":"Pendekatan Siyāsah Syar‘Iyyah Dalam Menangani Isu Perundangan Jenayah Semasa Di Malaysia","authors":"Shahidra Abdul Khalil","doi":"10.22452/fiqh.vol19no2.2","DOIUrl":"https://doi.org/10.22452/fiqh.vol19no2.2","url":null,"abstract":"International legal developments may have an impact on the formulation of laws and policies in a country. In terms of crime, for example, there are international calls for some municipal laws to be revised. Among them is a call to repeal the law prohibiting attempted suicide and the death penalty. This abolition step is said to be required to ensure modern society's welfare. However, the government must carefully study this issue while keeping the context of the country in mind. Furthermore, some international laws may be incompatible with Shariah. In dealing with this issue, the government may apply the siyasah syar'iyyah approach in making decisions and considering appropriate actions. The aim of this paper is to discuss the concept and elements of siyasah syar'iyyah, particularly in the context of criminal law implementation. Then, its application in dealing with issues pertaining to attempted suicide and death penalty legislation in Malaysia is discussed. Thematic and comparative analysis methods were used in the study. The study finds that the government has extensive powers in enforcing policies and laws that are appropriate to current needs, particularly when it comes to the crime of takzir. However, there are certain guidelines to ensure that the actions taken by the government is fair (siyasah 'adilah) and coincide with shariah. In Malaysian context, it was found that the process of reviewing the related laws has taken into account the current reality (fiqh al-waqi'), makes considerations of the public interest (maslahah) and harm (mafasadah) (fiqh al-muwazanat) and deliberate the priorities (fiqh al-awlawiyyat) which are among the elements of siyasah syar'iyyah. Thus, it is hoped that further government’s actions in future will benefit the people.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122438474","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Isu Pengkategorian Hadis Sebagai Ẓan Menurut Perspektif Qiyās Al-Shabah

Jurnal Fiqh Pub Date : 2022-12-30 DOI: 10.22452/fiqh.vol19no2.3

NIk Mohd Sofa'Urrahman Nik Mohd Rosdi, Abdul Karim Ali, Syed Mohd Jeffri Syed Jaafar

引用次数: 0

حكم التصويت للأصلح في الانتخابات 选举中的改革者投票裁决

Jurnal Fiqh Pub Date : 2022-12-30 DOI: 10.22452/fiqh.vol19no2.4

Nasir AbdolQassim, Sharifah Hayaati Syed Ismail, Amer Abdulwahab Mahyoub Murshed

{"title":"حكم التصويت للأصلح في الانتخابات","authors":"Nasir AbdolQassim, Sharifah Hayaati Syed Ismail, Amer Abdulwahab Mahyoub Murshed","doi":"10.22452/fiqh.vol19no2.4","DOIUrl":"https://doi.org/10.22452/fiqh.vol19no2.4","url":null,"abstract":"This study addresses the issue of ruling on voting for the most qualified candidate in elections which is one of the important issues in the present time and requires deliberation from Muslim scholars. This issue has led to different opinions and divisions among people in a single country. Hence, the major question in this study; what is the position of Islamic jurisprudence in terms of voting for a highly qualified candidate? It is an important question as it relates to governance and seigniory which also concerns all people who take part in elections as the consequences may affect the community. Hence, this study aims to clarify the issue of voting for a highly qualified candidate in elections by gathering and analyzing contemporary researchers’ views and arguments to reach a superior jurisprudent summary. This study also aims to obtain the most appropriate opinion that fits the purposes of Islamic law and the current situation. To achieve the objective, this study employed analytical, deductive, and inductive methodologies. This study concludes that voting for the fittest character is considerable for necessity since it relies on significant sharia evidence and rules such as: Necessities permit prohibitions. And the researcher recommends those people who are working in the field of religious calling to participate actively in elections and not boycotting due to the Muslims afflictions in the last few decades. If they know that there is a qualified person who can serve Islam and Muslims and decrease evil or corruption, they should vote for him, otherwise it is better to step down.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115002267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0