Jurnal Fiqh最新文献

{"title":"Analisis Pencapaian Ḥifz al-Nasab Terhadap Enakmen Kesalahan Jenayah Syariah Berdasarkan Kaedah Fuzzy Delphi","authors":"Wan Mohd Amjad Wan Halim, Rohani Desa","doi":"10.22452/fiqh.vol19no1.5","DOIUrl":"https://doi.org/10.22452/fiqh.vol19no1.5","url":null,"abstract":"Islam is a religion that upholds the values of security, well-being and prosperity. Similarly, punishment in syariah is stipulated to preserve human welfare. The Syariah Criminal Offenses Enactment has been provided to curb the problems and issues of syariah crime in Malaysia. The maximum punishment for adultery and crimes that can lead to adultery such as “muncikari” (pimp) and khalwat (close proximity) in the Syariah Criminal Offenses Enactment is generally three years imprisonment, six lashes and a fine of RM5,000. Looking at the cases involving syariah criminal offenses, especially crimes involving adultery, it is more worrying. The proof can be seen based on the statement by the then Minister of Women and Community Development, Datuk Seri Rohani Abdul Karim in 2017 that more than half a million illegitimate children are registered with the National Registration Department. Therefore, this paper aims to examine the consensus of expert groups on the achievement of maqāṣid al-sharī’ah, especially ḥifz al-nasab in the maximum punishment. The researcher adopted the Fuzzy Delphi analysis method by conducting a survey on 20 expert informants to get consensus from them. This study also contains one element consisting of six items to obtain consensus from study experts. The study concluded that 20 informants of the study experts agreed that the maximum sentence of 3 years imprisonment, 6 lashes and a fine of RM5,000 did not comply with maqāṣid al-sharī’ah, especially the maslahah of ḥifz al-nasab. This agreement involves punishment for the offenses of adultery, qazaf (false accusation of adultery), prostitution, pimp, khalwat, sodomy and musahaqah (sexual intercourse between two women). The group of study experts gave a consensus that the punishment is too low to curb the crime and therefore it does not achieve maqāṣid al-sharī’ah. Therefore, punishments that are more in line with the essence of maqāṣid al-sharī’ah should be implemented such as the enforcement of hudud or at least the implementation of bill 355 proposed amendments in 2021 (thirty years imprisonment, fine of RM100,000 and one hundred lashes).","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125854374","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}

{"title":"The Fiqhi Thought of Price Volatility in Crypto Asset","authors":"Mohd Shahid Bin Mohd Noh","doi":"10.22452/fiqh.vol19no1.2","DOIUrl":"https://doi.org/10.22452/fiqh.vol19no1.2","url":null,"abstract":"Cryptocurrency gains the popularity among digital investors almost in a decade. Starting with bitcoin or BTC as a pioneer coin in the crypto market, today there are more than five thousand different coins are being traded at every second worldwide. The acceptance among giant companies and countries had shown positive trend that this new asset class might have a bright future. Replacing fiat currency as main currency is a possible even there are too many hurdles and challenges to be solved but to be treated as an investment mode could be accepted in today’s situation. This paper aims to seek a clarification on how Shariah ruling in trading crypto asset, is it Shariah compliant? or at least Shariah-friendly especially when the digital asset always been criticized for being too volatile in their prices that deemed as gharar. As a result, cryptocurrency in general is a legal asset to be traded from Shariah view even it vulnerable to price volatility due to clarity of the transaction, market factors that create the prices and for security purposes. Besides, the trade does not contain any riba element, gharar and maysir also involve in prohibited business.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132459814","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}

{"title":"Beribadah di Tengah Wabak Covid-19: Analisis Terhadap Fatwa Majelis Ulama Indonesia No 14 Tahun 2020 Berasaskan Teori Maqāṣid al-Sharī‘ah al-Shāṭibī","authors":"Edi Kurniawan, Alhusni ., Syed Arif Asyraf Bin Syed Zaiful Hamzah","doi":"10.22452/fiqh.vol19no1.4","DOIUrl":"https://doi.org/10.22452/fiqh.vol19no1.4","url":null,"abstract":"The Indonesian Ulama Council (MUI) has issued fatwa number 14 of the year 2020 on the Maintenance of Prayer in the Situation of the COVID-19 Outbreak. Issues that were fatwaed such as not holding Friday prayers and replacing with noon prayers, not congregating in mosques, the ban on holding religious activities in public areas with high COVID-19 contagion and so on. Therefore, this article will analyze the fatwa based on the theory of maqāṣid al-sharī‘ah al-Shāṭibī. Using the literature review method, this article concludes that the MUI fatwa has resulted in a response to the COVID-19 pandemic declaration that spread to Indonesia as well as provide guidance to the community regarding permission to worship in the COVID-19 epidemic situation. Studies show that the members of the MUI Fatwa Commission take into account the aspect of maslahah in the determination of fatwas. The maslahah refers to the theory of maqāṣid al-sharī‘ah al-Shāṭibī, and covers all levels whether the levels of ḍarūriyyah, ḥājiyyah and taḥsīniyyah.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130856161","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}

{"title":"Qada Zakat: Suatu Perbincangan Menurut Hukum Syarak","authors":"Syed Muhammad Syed Fadil, Mohd Zaidi Daud, Mohd Hafiz Jamaludin","doi":"10.22452/fiqh.vol19no1.3","DOIUrl":"https://doi.org/10.22452/fiqh.vol19no1.3","url":null,"abstract":"According to Islamic law, Muslims who have complete the full period of an Islamic year (hawl) must pay zakah. It can, however, be found among Muslims who negligently fail to pay zakah within the stipulated period. Every obligatory practise must be performed within the time determined by Allah SWT in the discourse of fiqh. Hence, this article will look at the aspect of qada’ zakah in view of the shara‘ discussion. Thematic content analysis of themes based on the schools of thought will be used to thoroughly discuss this topic. In conclusion, Shariah allows and provides exemption to zakah payers in unavoidable situations. As a result, zakah should be paid even if it is not within the timescale provided if there is justification allowed by shara‘.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"64 51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130883899","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}

{"title":"Konsep Kontrak Pintar Dan Potensinya Terhadap Transaksi Pembiayaan Berasaskan Tawarruq","authors":"Muhammad Izzul Syahmi Zulkepli, Mohammad Taqiuddin Bin Mohamad, Saaidal Razalli Azzuhri","doi":"10.22452/fiqh.vol18no2.5","DOIUrl":"https://doi.org/10.22452/fiqh.vol18no2.5","url":null,"abstract":"A contract is an important concept to enable a transaction without jeopardizing the rights and security of the transaction’s parties. Its implementation varies either through traditional or modern methods. To date, the smart contract gains attention among industry players and academicians. It is a modern technological innovation that can execute a contract by utilizing a blockchain network. In particular, the researchers view that smart contracts can be adapted in products offering based on various Shariah contracts in Islamic banking institutions, such as financing products based on the tawarruq contract. Nevertheless, it requires detailed research in terms of concept and structure to measure its potential to integrate with Islamic banking operations. Therefore, this study will examine the smart contract concept as well as identify its advantages for Islamic banking institutions’ operations, particularly in tawarruqbased financing products. A qualitative approach based on library studies concerning relevant documents and literature are implemented to achieve these objectives. The collected data were then analyzed using descriptive content analysis methods. The results found that the smart contract is a contract innovation based on blockchain technology that can implement tawarruq-based financing products terms automatically, decentralized, and distributed manner. Thus, its thorough implementation can reduce the risk of faults in transactions and potentially ensure the transparency of transactions’ is well-preserved. However, further research on the risks associated with this technology, especially Shariah risks, needs to be clarified before being fully integrated into Islamic banking operations.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128402656","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}

{"title":"Pentadbiran Undang-Undang Harta Pusaka Mualaf Di Malaysia: Satu Sorotan Literatur","authors":"Mohd Zainudin Wan Yusoff, Nurulhuda Ahmad Zaki, L. Abdullah","doi":"10.22452/fiqh.vol18no2.4","DOIUrl":"https://doi.org/10.22452/fiqh.vol18no2.4","url":null,"abstract":"Inheritance is something that has material value left by a person after his death which is obtained during his life truly and becomes the perfect property during his life and is eternally owned by simati until he dies. In Malaysia, the distribution of Islamic inheritance is subject to faraid law, in which non-Muslims cannot inherit Muslim property. However, for the property of non-Muslims, there is a law that protects it, namely the Distribution (Amendment) Act 1997, Act 1004. This Act does not state that Muslims cannot inherit the inheritance of non-Muslims. The distribution is made to the heirs based on the kinship relationship and marriage regardless of religion. This means that Muslims also inherit the property of non-Muslims. The two main methods of distributing inheritance that is practiced in Malaysia are the distribution method according to Islamic law for the death of a Muslim and the distribution method according to civil law which affects the Act of Dispensing 1958 (Act 300) for the death of non-Muslims. Both mechanisms involve converts, either converts as the dead or as heirs. Those with the title of convert to Islam have their uniqueness in the distribution of inheritance which is different from the usual inheritance distribution mechanism. Due to these differences in distribution, this study was carried out to highlight the administration of inheritance laws involving converts to Islam in Malaysia. This study was conducted using a qualitative method by taking a literature review approach, also continuing the content analysis design. The results of the study highlights that have been carried out show that there have been many writings, ideas, and discussions regarding this case made by the reviewers. The results of the study found that there are procedures and provisions for laws in the settlement of inheritance involving heirs of converts if they are not Muslim, as well as if converts are heirs to the property of the dead who are not Muslim. Therefore, with an explanation of the administration of the law in this study, it can resolve errors to the public regarding the issue of inheritance and property inheritance involving converts in Malaysia.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116424060","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}

{"title":"Pandangan Fuqaha Mutaqaddimīn dan Muta’akhkhirīn Mengenai Isu Akad Nikah Secara Atas Talian","authors":"Raihanah Azhari, Ahmad Uzair Izzuddin Ismail, Zakiul Fuady Muhammad Daud","doi":"10.22452/fiqh.vol18no2.7","DOIUrl":"https://doi.org/10.22452/fiqh.vol18no2.7","url":null,"abstract":"Marriage is considered a sacred contract that justify the relationship between a man and a woman. For that reason, the practice of it must abide by the predefined terms and regulations to ensure it is legal according to the Islamic law. Under normal circumstances, solemnization is done based on the defined procedures that obey the pillars of marriage, namely formal exchange of ījāb and qabūl, presence of two witnesses, the woman’s guardian, and both the groom and bride. However, along with the convenient technological advances, there are a few mechanisms used to tie the marriage knot online. The practice of tying the knot online has been used widely, specifically during the time of Covid-19 pandemic. Following this, the validity of online solemnization has become a topic discussed among the scholars. This article discusses the viewpoints of Islamic jurists (fuqaha’) including the mutaqaddimīn and muta’akhkhirīn regarding the validity of online solemnization. This qualitative research uses literature review and documentation as the method to collect all the data needed. The research found that some of the muta’akhkhirīn jurists necessitate online solemnization, given that the practice of it obey the defined terms, and some do not. While majority of mutaqaddimīn jurists, except for Ḥanafi jurists, show tendency in not allowing online solemnization.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125480177","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}

{"title":"مستخلص الخنزير لصناعة الأدوية الكبسولة: الاستحالة في ضوء مقاصد الشريعة","authors":"Saheed Busari, Ahmad Muhamad Husni","doi":"10.22452/fiqh.vol18no2.9","DOIUrl":"https://doi.org/10.22452/fiqh.vol18no2.9","url":null,"abstract":"Bringing benefit and repelling harm is one of the main objectives embedded in the divine law of Shariah. The law of Shariah came in its entirety for the preservation of fundamental principles of Allah on the creation such as the five maqāsid al-shari‘ah principles. Since the dawn of the scientific revolution, genetic engineering has triggered several debates at different levels among the stakeholders. Clearly, there are opinions between the process of transformation and mere transmutation of the substance, some of which are subject to consensus and some differs. This study aims to analyze the juristic implication of the permissibility of using gelatin extracted from pig parts in the pharmaceutical industry. The study adopted the inductive approach to collect the information recorded in contemporary literature in this regard and then followed by a comparative analytical study to highlight the agreed and disagreed facts between Shariah sources and other sciences. The most important note is that in the event of a choice, consuming foods and drinks containing pork gelatin is not permissible. By the same analogy, the capsulated medicines cannot be taken, and this study is purely for the case when it is necessary and there is no alternative.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117221397","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}

{"title":"بين مفهومي الجهاد والإرهاب: دراسة في المفهوم والأهداف لحركة القاعدة وتنظيم داعش أنموذجا","authors":"Muhamad Sayuti Mansor, Mohamad Azwan Kamarudin","doi":"10.22452/fiqh.vol18no2.2","DOIUrl":"https://doi.org/10.22452/fiqh.vol18no2.2","url":null,"abstract":"In the aftermath of the September 11 attacks, Islam has fell victim to the allegation that relates it to terrorism. This is due to the rise of terrorist movements such as al-Qaeda and ISIS that claim to be representing Islam and pursuing the holy war (jihād) to establish an Islamic caliphate (al-khilāfah al-Islāmiyyah). These terrorist movements also used the same terms and concepts that can be found in the traditional Muslim scholarship, such as the abode of Islam and the abode of war (dār al-Islām wa dār alḥarb), loyalty and disavowal (al-walā’ wa al-barā’), and excommunicating Muslims (takfīr). Thus, this study seeks to analyse these two concepts of jihād and terrorism (irhāb) to locate both their similarities and differences. Comparison is made from several aspects such as etymology and history and lastly its application in our contemporary reality in relation to other relevant terms and concepts as mentioned above. This study finds that there are substantial differences between jihād and irhāb, and it is the failure to grasp the ever evolving and developing nature of Islamic law (fiqh) and the contemporary reality that led to this confusion.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"388 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124178258","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}

{"title":"Analisis Perbandingan Konsep Imkān Al-Ru’yah Antara Kitab Fatāwā Al-Subkī Oleh Taqī Al-Dīn Al-Subkī Dan Al-Fatāwā Al-Kubrā Oleh Ibn Taymiyyah","authors":"Nurul Syakirah Rahiman, Mohd Saiful Anwar Mohd Nawawi, Raihana Abdul Wahab","doi":"10.22452/fiqh.vol18no2.8","DOIUrl":"https://doi.org/10.22452/fiqh.vol18no2.8","url":null,"abstract":"Taqī al-Dīn al-Subkī was a scholar proficient in the field of fiqh and usul al-fiqh while Ibn Taymiyyah was a leading Hanbali thinker. Among their works are Kitab Fatāwā al-Subkī and Kitab Fatawa al-Kubra. This study analyzes the comparison between the thoughts of Taqī al-Dīn al-Subkī and Ibn Taymiyyah on the concept of imkan al-ru’yah in determining the beginning of the month of hijrah. This is due to al-Subkī who accepted the concept of imkānalru’yah in the context of hisab as another method for the determination of the crescent moon, but which was rejected by Ibn Taymiyyah.This study adopts a qualitative approach and gathering of information is based on a content analysis of the two main books, namely Kitab Fatāwā al-Subkī and Kitab al-Fatāwā al-Kubrā. It is concluded that imkan al-rukyah had been discussed by both figures in their respective writings. Indeed, there is a clear difference in the acceptance of the concept of imkan al-rukyah.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126321682","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}