Jurnal Fiqh最新文献

{"title":"Penulisan Penghakiman Menurut Perspektif Fiqh Al-Qaḍā’dan Aplikasi Mahkamah Syariah Di Malaysia","authors":"Zulzaidi Mahmod, Ahmad Hidayat Buang","doi":"10.22452/fiqh.vol18no2.6","DOIUrl":"https://doi.org/10.22452/fiqh.vol18no2.6","url":null,"abstract":"Islamic management strongly emphasizes the method of writing such as the writing of wills, debts, agreements and judgments. Judgment writing is an important aspect of the justice process. The writing of judgments is emphasized by the majority of fuqaha’ to ensure transparency in judicial proceedings. The purpose of writing this article to view at the approach outlined by Fiqh al-Qaḍā regarding the writing of judgments and applications of Syariah Courts in Malaysia based on the provisions of laws and the application of Practice Direction in Syariah Courts. The writing of this manuscript has revealed that Islamic scholars have outlined the concepts of al-Sijjilāt, al-Maḥaḍar and Kitāb al-Qaḍī ilā al-Qaḍī as a process of judicial writing. Notes of proceedings and records of cases in respect of judgments are kept for the purpose of appeal and execution of judgments. This matter is also applied in the Syariah Courts in Malaysia through the approach outlined by the laws and the practice directions of the Syariah Courts. The implementation of judgment writing by Syariah Judges in Malaysia has been transformed through the e-Bicara application of the e-Syariah system and it is in line with the Fiqh al-Qaḍā ’approach.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"49 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":"128061448","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":"Kepimpinan Non Muslim di Malaysia Menurut Perspektif Maqāṣid Al-Sharī'ah","authors":"Khairul Azhar Meerangani, Muhammad Safwan Harun, Adam Badhrulhisham","doi":"10.22452/fiqh.vol18no2.3","DOIUrl":"https://doi.org/10.22452/fiqh.vol18no2.3","url":null,"abstract":"Islam has provided a guiding principle regarding the involvement of non-Muslims in aspects of governance and administration. In Malaysia, this right has been recognized since independence which saw the involvement of non-Muslims in the executive administration such as ministers and key administrators at the federal and state levels. The relationship between Muslims and non-Muslims is one of the main themes that are often discussed in the Quran. However, the interpretation some of the verses seem to be done out of context has created confusion and misunderstanding in the society. The voting and appointment of non -Muslim candidates in several important government positions such as the Chief Justice, Attorney General of Malaysia and Federal Minister has sparked controversy in Malaysia. Thus, this study aims to analyze the concept of non-Muslim leadership in Malaysia according to the perspective of maqāṣid al-sharī’ah. The study was conducted qualitatively using the library method by analyzing the texts of the Qur’an and Hadith as well as the debates of Muslim scholars on the concept of nonMuslim leadership in an Islamic country. In addition, content analysis method was also conducted towards the provisions of the Federal Constitution and the report of the Department of Statistics Malaysia to examine the current application of non-Muslim leadership in Malaysia. Although the Federal Constitution has provided basic guidelines on the administration of the country, but some important criteria outlined by Islam need to be emphasized to preserve the sensitivity and harmony of the plural society in Malaysia, especially the Muslim community as the majority in this country.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"59 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":"122067979","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 Role of History and Akhlāq in Reconciliation Between Jurisprudence And Modernity","authors":"Meysam Kohantorabi","doi":"10.22452/fiqh.vol18no2.1","DOIUrl":"https://doi.org/10.22452/fiqh.vol18no2.1","url":null,"abstract":"After the advent of modernity and its spread in Islamic societies, challenges arose for Muslims. At first glance, these challenges indicated the conflict between modernity and religion in general and jurisprudence in particular. For this reason, some Muslims have strongly rejected modernity, calling it the destruction of religion. Some also have abandoned religion and solely followed modernity. The purpose of this article is to provide a way to resolve differences and reconciliation between jurisprudence and modernity so that Muslims can benefit from the achievements of modernity while maintaining the basic principles of religion. To achieve this goal, jurisprudential sources were examined and jurisprudential fatwas that conflicted with modern laws were extracted. The research method in this article is based on library resources and has been criticized descriptively and analytically. To clarify the issue, examples of jurisprudential fatwas have been proposed. It should be noted that these are not all fatwas and are just examples because the purpose of this article is to provide a solution to resolve the conflict or reduce the difference between jurisprudence and modernity. In some cases, the communities that have implemented the fatwa have also been mentioned. After examining the origin of these fatwas, it became clear that some of them were related to specific circumstances and specific times, and others conflicted with the basic principles of ethics. Therefore, the finding of this article is that there are two basic strategies to resolve or reduce this conflict; firstly, the jurisprudential fatwa should be adapted to the principles of Islamic ethics; and secondly, the historical context of the issuance of the fatwa should be considered. This leads us to the conclusion that some fatwas can only be implemented in certain circumstances and can be revised today due to the change in those circumstances. By applying these two strategies, it is possible to reconcile to a large extent between jurisprudence and that part of the achievements of modernity that are compatible with human rights and dignity.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"42 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":"131762932","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":"Tarikh Miladi Sepadan bagi Kenampakan Hilal Ramadan Dalam Hadis Kurayb RA Berkaitan Matla’","authors":"Muhamad Zakuwa Rodzali, S. Man","doi":"10.22452/fiqh.vol18no1.2","DOIUrl":"https://doi.org/10.22452/fiqh.vol18no1.2","url":null,"abstract":"Ḥadīth Kurayb RA about him being sent by Umm al-Fadl from Madīnah to Sham, is one of the main chronicles of the Shāfi‘i School regarding the outcomes of rukyah hilal which is applicable to the same maṭla’ only. This ḥadīth is narrated in most ḥadīth books including Ṣaḥīḥ Muslim, Sunan alTirmidhī, Abū Dāwud, al-Nasā’ī, al-Bayhaqī, alDaruqutnī, Musnad Ahmad bin Ḥanbāl and Ṣaḥīḥ Ibn Khuzaymah, the isnads are authentic and the narrators are thiqah. The reality today is that the appreciation of the ḥadīth is difficult to fulfil; although the distance from Madinah to Sham is only around 1055 kilometers it is considered ineffectual to employ the outcomes of rukyah in Sham. However, it is important to have a matching Gregorian date on the appearance of the Ramadan hilal so that the date stated in the ḥadīth could be confirmed. Thus, an analysis from the historical and astronomical perspective was conducted to determine the relevant Gregorian dates. The results of the historical analysis revealed that Kurayb’s proclamation could not have occurred earlier than 19H/640M in view of the presence of Muawiyah in Sham and could not be later than 36H/657M as the last event involving Umm al-Fadl recorded by some historians occurred in that year. The results of the data analysis revealed that the Gregorian date in the ḥadīth that corresponded to the appearance of the crescent moon, April 4, 653M (Thursday) was used to determine the beginning of Ramadan 32H/653M based on the parameters of the position of the moon including age, altitude, elongation, arc of vision (ARCV) and width (W) all of which were larger at Sham than at Madīnah during the rukyah evening, hence it could have been sighted in Sham and not Madīnah. It is hoped that this study could provide a clearer understanding to the community on the background of events in the ḥadīth, hence, the proposal for the potential implementation of a more global hijri calendar can be accepted.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131390230","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":"Cabaran Kalendar Islam Global di Era Revolusi Industri 4.0","authors":"Susiknan Azhari","doi":"10.22452/fiqh.vol18no1.4","DOIUrl":"https://doi.org/10.22452/fiqh.vol18no1.4","url":null,"abstract":"Muslims’ aspiration to have an international or global Islamic calendar has long been discoursed through various meetings nationally and internationally. In this context, Malaysia has played an imperative role through the “World Conference on International Islamic Calendar” on 29 Rabiul Awal-2 Rabiul Akhir 1412 H/8-10 October 1991 at Science University of Malaysia (USM) Penang. This meeting instigated programs and steps towards the unification of the International Islamic Calendar and also known as the “Penang Declaration of 1991. In 2016/1437, Conference on the Unification of the Islamic Calendar which had been held in Turkey has established the concept of global Islamic calendar. The Principle of the Global Islamic Calendar has an epistemological basis that allows the realization of “One Day One Date for the Whole World”. However, not entire Muslim recognized the Turkey’s 2016/1437 results positively. The tendency of rejection is more influenced by the fiqh aspect. Some Muslim assume that the Turkey’s 2016/1437 decision ignores the “fiqh” the concept of matla’ so which has been applied all this while. Therefore, tahawwul al-fikr of Islamic calender from locality to global base is vital by reviving the understanding of hadiths regarding ru’yah and matla’.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"304 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115220756","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":"الحلول الفقهية والتجديد الفقهي لمعالجة تحديات وآثار الثورة الصناعية الرابعة في ضوء مقاصد الشريعة:منهاجا وبيانا","authors":"Alī Muḥi al-Dīn al-Qarrahdāghī","doi":"10.22452/fiqh.vol18no1.1","DOIUrl":"https://doi.org/10.22452/fiqh.vol18no1.1","url":null,"abstract":"The emergence of the Fourth Industrial Revolution is distinguished by the utilization of new technologies and inventions such as the artificial intelligence, Internet of Things (IoT), automated machine, and so on. The use of these technologies alleviates many aspects of human life and brings massive changes to the human lifestyle. It has both positive and negative effects which then leads to new issues and challenges requiring evaluation from Shariah’s perspectivesThis paper aims to discuss Shariah’s perspective on the fourth industrial revolution and solutions to the arising issues from the maqāṣid al-sharī‘ah approach. The researcher adopts descriptive methodology to discuss the phenomenon and inductive methodology to resolve the issues in the light of Shariah. The paper concludes that Islam encourages knowledge development and invention as the term ‘ilm and related words, mentioned in the Qur’ān numerously as compared to other holy scriptures. However, any inventions must be consistent and in harmony with the objectives of Shariah and not conflicting with them. With the observation of conditions and guidelines as outlined in this paper, utilization of the inventions in the Fourth Industrial Revolution may serve as a mean to realize the objectives of Shariah and will greatly benefit humankind. In the event of any issues, solutions must be derived by exercising legal reasoning (ijtihād) with consideration of the modern sciences and contemporary context. The effort in renewing the legal reasoning (tajdīd) may be exercised in collective form by the experts in Islamic jurisprudence (fiqh) and other sciences collaboratively.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129758673","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":"Peranan Wakaf dalam Pembangunan Ekonomi di Negeri Perak","authors":"Amelia Nur Natasha Abdul Nazeri, Asma Abdul Rahman","doi":"10.22452/fiqh.vol18no1.6","DOIUrl":"https://doi.org/10.22452/fiqh.vol18no1.6","url":null,"abstract":"The role of waqf in economic development is evident in how waqf instruments enable various economic activities. In Perak, Majlis Agama Islam dan Adat Melayu Perak (MAIPk) manages the development of waqf assets by acting as sole trustee in the development of waqf property in that state. This study analyzes the role of waqf in the economic development of Perak. The primary method used to obtain data was through interviews with MAIPk about the management and development of waqf projects. Secondary data was collected through various references such as books, theses and journals. The data thus collected was analyzed using thematic analysis according to the focus of the study. The study found that waqf played a role in the economic development of Perak’s health, education, and the improvement of income and its community’s standard of living. The outstanding development in the health sector was the construction of a waqf hemodialysis center. In the educational sector, waqf funds and instruments, contributed to the construction of the Islamic University Sultan Azlan Shah Dormitory (UISAS) and Maahad Tahfiz. Waqf also contributed to improving the income and living standards of the community in Perak through various projects such as the Wakaf Business Centre (WBC) project, waqf housing, and waqf boats to develop the economy of the community in Perak.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129870993","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 Maslahah di Sisi Wahbah Al- Zuhayli (1932-2015): Satu Penilaian","authors":"Izal Mustafa Kamar","doi":"10.22452/fiqh.vol18no1.7","DOIUrl":"https://doi.org/10.22452/fiqh.vol18no1.7","url":null,"abstract":"Over the past few years, there have been renewed interests from scholars and researchers to study on maqāṣid and maṣlaḥah from various aspects and perspectives. Such interests have opened up previously unexplored avenues of research on maqāṣid. Notwithstanding these benefits, there arec onsiderable confusions-whether intentional or otherwise-in some of these writings in understanding and implementing key principles of maqāṣid and maṣlaḥah. One of the main reasons of the confusion is the inability to comprehend a key principle in which the nuṣūṣ is in total harmony with the higher objectives of the law. Failure to understand this fundamental principle has resulted in confusion, as proponents of such ideas would propose either disregarding/discrediting the nuṣūṣ or reinterpreting it and only considering the objectives behind the text, as a solution to mitigate “contradictions” which they assume occurred. Hence, this article aims to identify and explain the maṣlaḥah framewor according to the ‘Ahl Sunnah wa al-Jamāʿah through the writings of Wahbah al-Zuḥaylī. It analyzes the relationship between maṣlaḥah and nuṣūṣ, as well as how, according to the ‘Ahl Sunnah, nuṣūṣ should be used as a yardstick (miʿyār) when making religious decisions. One of the key findings in this study is that that there are no contradictions between maṣlaḥah and nuṣūṣ. This study employs a qualitative method to understand key concepts of maqāṣid and maṣlaḥah according to the ‘Ahl Sunnah by collecting data from various data points. It utilizes both the inductive and deductive methods to comprehend key concept of maqāṣid and maṣlaḥah, as well as to identify the maṣlaḥah framework through the writings of Wahbah al-Zuḥaylī.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121992099","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":"Ulasan Buku: Fiqh of Contemporary Financial And Banking Transactions","authors":"A. Buang","doi":"10.22452/FIQH.VOL17NO2.4","DOIUrl":"https://doi.org/10.22452/FIQH.VOL17NO2.4","url":null,"abstract":"Buku ini merupakan himpunan kertas kerja penulis yang dibentangkan di pelbagai seminar antarabangsa berkaitan perbankan dan kewangan Islam. Terdapat 12 tajuk yang pilih khusus oleh penulis untuk dijadikan bab-bab perbincangan di dalam buku ini. Kesemua tajuk ini merupakan kemaskini dengan tambahan editing dari segi perbincangan dan bahan-bahan rujukan yang digunakan. Daripada 12 tajuk yang dibincangkan, terdapat satu tajuk perbincangan berkenaan persoalan riba yang menjadi asas perbezaan utama antara perbankan Islam dan perbankan konvesional. Manakala satu tajuk menyentuh ciri-ciri dan peranan Jawatakuasa Syariah Perbankan Islam.","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122888487","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":"Peranan Ulama Silam Memperkenalkan Pemikiran Maqāṣid Al-Sharī‘Ah Dalam Kemahiran Berfikir Aras Tinggi: Satu Analisis","authors":"R. Ahmad, Mohd Nizam Mokhtar, Raihana Abdul Wahab","doi":"10.22452/FIQH.VOL17NO2.1","DOIUrl":"https://doi.org/10.22452/FIQH.VOL17NO2.1","url":null,"abstract":"","PeriodicalId":145468,"journal":{"name":"Jurnal Fiqh","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134488348","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}