Malaysian Journal of Syariah and Law (MJSL)
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THREE-DIMENSIONAL (3D) PRINTED FOOD PRODUCTS FROM HALAL FORENSIC PERSPECTIVE: A PRELIMINARY REVIEW
Get PDFThe emergence of three-dimensional printed (3DP) technology in the food industry is one of the possibilities for a source of global halal food supply in the future. Producing individualized nutritional meals, food sustainability, and developing new solutions worldwide are just a few of the benefits of using 3DP. However, there are still issues with 3DP, especially regarding safety issues and all the risks to the consumer that needs to be overcome. Besides, it will safeguard each essential component of food production for commercial purposes and acceptance by the public. The objective of this study is to gather information regarding the potential of 3DP as well as its availability in the halal market. This study revolves around the five main pillars of halal forensics for halal-based products. This qualitative study employs library research as the data collection method. Data were analysed using content analysis method. Based on this study, a new regulatory framework for halal 3DP food products can be suggested through the halal forensics concept. This allows the authenticity of halal 3DP food products to be certified to safeguard consumers when consuming especially the Muslim community
INSTALLMENT SALE: ITS CONTEMPORARY APPLICATION IN ISLAMIC BANKING FINANCE (CASE STUDY BRUNEI DARUSSALAM)
Get PDFOne of the most important sales operations that have spread among members of society today is the installment sale, and among the reasons for its spread are intense competition between producers and the weak purchasing power of consumers. More people need goods and have no money to buy them with cash, and many markets have suffered from the recession, so companies and institutions have devised new marketing methods to provide the advantages of goods that aim to acquire the largest possible number of consumers for these goods. This study aims to investigate the installment sale process and to review the potential of Islamic banks in developing financing products with the installment sale concept. The research method in this study uses a normative judicial method, aiming to concern one of the applications of installment sales in Islamic bank finance based on the existing law and regulation. This study concluded that the contemporary applications of installment sale concept in Islamic banks of Brunei Darussalam, in form of financing with Tawarruq contracts, Islamic hire purchase Ijarah Thumma al Bai’ (AITAB), and Musarakah Mutanaqisah (MMQ). With the concept of installment sale applied by Islamic bank-based Islamic law and regulation, so that we can all avoid doubts and become more confident in dealing with a transaction that is under sharia principles
التّدابير الشّرعيّة والطّبّيّة للوقاية من كورونا المستجدّ (كوفيد-19): دراسة تحليليّة : SHARIAH AND MEDICAL MEASURES TO PREVENT THE EMERGING COVID-19: AN ANALYTICAL STUDY
No full textThe affliction of worshippers is a fixed Sunnah that has been passed by Allah in all of His creation. Allah has in his Noble Book, reported many types of calamities that plague His servants, and from this affliction: epidemics such as plague. People have known epidemics and plagues since ancient times, and it still applies to people to this day, all people witnessed Covid-19. Allah would not send down a disease to His servants except that He sent down a cure for it, Therefore, it is imperative for the Islamic nation to follow the instructions and measures urged by the Islamic religion, especially since medical practitioners have not found any effective treatment to prevent the infection. Even though it has reached the level of vaccines, but the transmission of infection has not been prevented. Therefore, these measures and instructions remain the mainstay of prevention and protection from it. This research aims to clarify the Shariah and medical preventive measures (Covid-19), and study them as an analytical study. To achieve this goal; the researcher followed the inductive and analytical approach, The researcher concluded that among the Shariah measures to prevent epidemics are: quarantine, fleeing from lepers, avoiding handshakes, purification, placing a hand or a garment over the mouth when sneezing, fermentation of vessels and potting of pots, abstinence from immorality and disobedience, enjoining good and forbidding evil, and adherence to supplications and remembrances. Similarly, among the medical measures to prevent the corona epidemic are the following: taking care of hygiene, washing hands, using disinfectants, wearing masks and gloves, social distancing, and applying home quarantine for those infected with colds, avoid direct contact with them.
Keywords: Shariah, medica, measures, protection, (Covid-19).All people witnessed the new epidemic of Corona (COVID-19), which spread in the world, and infected millions of people. It is well known that Almighty Allah would not send down a disease to His servants except that He sent down a cure for it. Therefore, the Islamic nations should follow the instructions and measures urged by the Islamic religion, or instructions issued by the competent health authorities to prevent this epidemic, especially since medical practitioners have not found any effective treatment to prevent the infection. Even though it has reached the level of vaccines, the transmission of infection has not been prevented. Therefore, these measures and instructions remain the mainstay of prevention and protection from it. This research aims to clarify the Shariah and medical preventive measures against the emerging coronavirus and study them as an analytical study from the perspective of Maqasid al-Shariah. To achieve this goal; the researcher followed the inductive and analytical approach, which consists in extrapolating and following the Shariah preventive measures from epidemics in general, and the Corona epidemic in particular, then analyzing and studying them in the light of Maqasid al-Shariah. The researcher concluded that among the Shariah measures to prevent epidemics and diseases are the following: quarantine, fleeing from lepers, avoiding handshakes, purification, placing a hand or a garment over the mouth when sneezing, fermentation of vessels and potting of pots, abstinence from immorality and disobedience, enjoining good and forbidding evil, and adherence to supplications and remembrances. Similarly, among the medical measures to prevent the corona epidemic are the following: taking care of hygiene, washing hands, using disinfectants, wearing masks and gloves, social distancing, and applying home quarantine for those infected with colds, avoiding direct contact with them, Sharia preceded modern medicine in devising physical and moral precautions to prevent epidemics and diseases.
ملخّص البحث
ابتلاء العباد سنّة ثابتة ماضية من الله -تعالى- في جميع خلقه، وقد أخبر جلّ وعلا في كتابه الكريم بتعدّد أنواع البلاء الّذي يبتلي به عباده، ومن هذا البلاء: الأوبئة كالطّاعون وغيره، وقد عرف النّاس الأوبئة والطّواعين منذ القدم، ومات بسببها جمع من الصّحابة الكرام، وذكرها المؤرّخون في كتبهم، وتحدّث الفقهاء عن أحكامها الشّرعيّة، ولا تزال تقع في النّاس إلى يومنا هذا؛ فقد شهد البشر أجمع منذ أكثر من عام ونصف وباء كورونا المستجدّ (كوفيد-19)، الّذي استشرى في العالم، وأصاب ملايين البشر. ومعلوم أنّ الله -تعالى- ما أنزل على عباده داء إلّا أنزل له شفاء، وبيّن أسباب دفعه ورفعه. لذا لزامًا على الأمّة الإسلاميّة، ضرورة اتّباع الإرشادات والتّدابير الّتي حثّ عليها ديننا الإسلاميّ، أو أمرت بها الجهات الصّحّيّة المختصّة؛ للوقاية من هذا الوباء الفتّاك، لا سيّما وأنّ الطّبّ لم يتوصّل إلى علاج فعّال لمنع العدوى منه، وإن كان توصّل إلى لقاحات، لكنّها لم تمنع من انتقال العدوى، لذا تبقى هذه التّدابير والإرشادات هي الدّعامة الأساسيّة للوقاية والاحتراز منه. يهدف هذا البحث إلى بيان التّدابير الوقائيّة الشّرعيّة والطّبّيّة من كورونا المستجدّ، ودراستها دراسة تحليليّة. ولتحقيق هذا الهدف؛ اتّبع الباحث المنهج الاستقرائيّ والتّحليليّ، اللّذين يتمثّلان في استقراء وتتبّع التّدابير الوقائيّة الشّرعيّة والطّبّيّة من الأوبئة عامّة، ومن وباء كورونا خاصّة، ثمّ تحليلها. وتوصّل الباحث إلى أنّ من التّدابير الشّرعيّة للوقاية من الأوبئة والأمراض ما يأتي: الحَجْرُ الصّحّيّ، والفرار من المجذوم، واجتناب المصافحة، والطّهارة، ووضع اليد أو الثّوب على الفم عند العطاس، وتخمير الآنية وإيكاء الأسقية، والابتعاد عن الفواحش والمعاصي، والأمر بالمعروف والنّهي عن المنكر، وملازمة الدّعاء والأذكار. وأنّ من التّدابير الطّبّيّة للوقاية من وباء كورونا ما يأتي: العناية بالنّظافة وغسل الأيدي، واستعمال المطهّرات، ولبس الكمّامات والقفّازات، والتّباعد الاجتماعيّ، وتطبيـق الحـجر الـمنزليّ لـلـمـصـابـيـــن بـنـــزلات الـبـــرد وتجنّــب مخالطتهــم المباشــرة. كان للإسلام قصب السّبق في وضع التّدابير الوقائيّة المادّيّة والمعنويّة من الأوبئة والأمراض
التأصيل الشرعي في معالجة كوفيد- 19 باللقاحات: THE ISLAMIC LEGAL BASIS FOR TREATING COVID-19 WITH VACCINES
No full textاختلف بعض المسلمين في هذه الأيام في أخذ اللقاحات المضادة للفيروس كورونا ( كوفيد-19) على أساس أن منشأ هذه اللقاحات بلاد غير إسلامية وكذلك عدم توافر المعلومات الكافيىة لمكونات هذه اللقاحات. ونظرًا لأهمّيّة الوقاية من هذا الوباء، جاء هذا البحث ليبيّن حكم الشّرع في أخذ هذه اللقاحات والاستفادة منها لعلاج المرضى المصابين بهذا الوباء، ولسلامة الأصحاء من الإصابة، وسيسلك الباحث المنهج الاستقرائي والمنهج التّحليلي، اللّذين يتمثّلان في استقراء وتتبّع أيات القرآن وأحاديث الرسول وأقوال الفقهاء والأصوليّين وأدلّتهم في هذا الشأن، وتحليلها ومناقشتها، ثمّ استنباط الحكم الشّرعي لها، بما يتوافق مع روح الشّريعة الإسلاميّة ومقاصدها.كما سيعرّج إلى أقوال وآراء الأطبّاء المتخصّصين في هذا المجال من مراجعهم أو المواقع المعتمدة في الطّبّ. وقد خلّص البحث إلى نتائج عديدة، من أهمّها أن التداوي سنّة نبوية مؤكدة، لا تناقض بينها وبين مبدأ التوكل على الله والإيمان بالقضاء والقدر، كما أن الإسلام لا يحرم الاستفادة من الأدوية أو اللقاحات على أساس أنها مصطنعة في غير بلاد المسلمين إذا لم تكن هناك أدلة قاطعة على مكوّنات محرمّة أو نجسة، كما أن الإسلام يجيز الأدوية التي تحتوي على مكونات محرّمة أو نجسة عند الضرورة بقدر الضرورة.Some Muslims these days differed about taking the anti-Coronavirus (Covid-19) vaccines based on that the origin of these vaccines is non-Muslim countries, as well as the lack of sufficient information for the components of these vaccines. Given the importance of preventing this epidemic, this research came to show the rule of Islam on taking these vaccines and benefiting from them to treat patients infected with this epidemic, and for the safety of healthy people from infection. The researchers used the inductive and analytical approaches in this study, which consists of extrapolating and following verses of Qur’an and hadith, as well as jurists’ opinions in this regard. Based on that, the researchers analyzed the data gathered and discussed them, as well as deduced the legal ruling for related issues in accordance with the spirit and purposes of Islamic law. Besides, this study referred to opinions of doctors specialized in this field from their references or approved medical resources. The study has concluded several results, the most important result is that medication is a prophetic Sunnah, there is no contradiction between it and the principle of trust in Allah and belief in divine decree. Islam also does not forbid the use of medicines or vaccines even though they are produced by non-Muslim countries as long as there is no conclusive evidence of prohibited or impure ingredients. Similarly, Islam also permits medicines that contain prohibited or impure ingredients, when there is necessity and in time of emergency
SHARIAH-BASED SUFISM IN THE MODERN ERA: A LOOK AT THE WORK OF SHAYKH ABDULLAH BIN BAYYAH
No full textThis article examines the legal (sharʿī) validity and practical relevance of Sufism in the modern era through exploring the life and works of the contemporary Mālikī scholar, Shaykh ʿAbdullāh Bin Bayyah. Famous for his works in Mālikī Fiqh, Uṣūl al-Fiqh and global work with Muslim minorities (especially Fiqh al-ʿAqalliyāt), Shaykh bin Bayyah is less well-known for his Sufism. And yet, the life and works of the religious figurehead of a network that extends from West and North Africa, and the Gulf countries, to the United Kingdom and the west coast of the United States of America, provide an illuminating window on some forms of contemporary Sufism. Drawing upon official biographies, secondary literature, a personal interview, and a key, as yet unpublished, text, Al-Mākhidh ʿalā al-Taṣawwuf (The Criticisms of Sufism), the author argues Bin Bayyah has a distinctive (though not necessarily unique) practical approach to Sufism that is most relevant to our times. Not only does it help provide a balanced, tolerant, and learned antidote to religious extremism, which is firmly rooted in the Syariah, his practical Sufism also lays the foundations of a path towards civic contribution of Ṣūfī communities in fields as diverse as education, prison reform and peace-making
IMPLEMENTATION OF THE ISLAMIC LAW TRANSFORMATION’S RULE (TAGHAYYUR AHKĀM) DURING COVID-19 PANDEMIC IN THE PERSPECTIVE OF MAJELIS TARJIH MUHAMMADIYAH IN INDONESIA
No full textThe study entitled " Implementation Of The Islamic Law Transformation’s Rule (Taghayyur Ahkām) During Covid-19 Pandemic In The Perspective Of Majelis Tarjih Muhammadiyah In Indonesia" aims to uncover and analyze one of the methods and rules of law-making (istinbāth ahkām) carried out by the Muhammadiyah fatwa institution, the Majelis Tarjih dan Tajdid, or known as "Manhaj Tarjih Muhammadiyah." One of the many methods used by Majelis Tarjih in issuing legal decisions and fatwas is the Rules of Islamic Law Transformation (taghayyur ahkām). The research also attempts to contextualize the rules of Islamic law transformation with the decisions or guidelines for the implementation of worship (Ibadah) that have been issued by the Muhammadiyah Central Leadership through the Majelis Tarjih, especially during the current Covid-19 pandemic. The results of this study are beneficial both practically and theoretically. The practical benefit of this research is that it may provide guidelines for the implementation of worship during the Covid-19 pandemic based on argumentative arguments and the principles and objectives of Islamic law, one of which is guarding religion (Hifz ad-Dīn) and guarding human lives (Hifz an-Nafs). Meanwhile, the theoretical benefits from this research are to expand the knowledge and discourse of Islamic scholarship, especially in the field of Islamic law. Thus, Islam can manifest in the midst of mankind to provide real solutions to existing problems. This research uses qualitative research focusing on library research with descriptive analysis. Consequently, the researchers applied the Ijtihād of Majelis Tarjih’s Method known as "Manhaj Tarjih Muhammadiyah" written by Syamsul Anwar as well as based on the results of the Tarjih National Assembly (Munas) XXX in Makassar in 2018, also the decision of the Muhammadiyah Central Leadership No. 02/EDR/1.0/E/2020 regarding Guidelines for Worship in Covid-19 Emergency conditions and several other Tarjih fatwas related to guidelines for carrying out worship during the Covid-19 pandemic as primary data. In addition, the secondary data are from various sources, such as fiqh books, ushul fiqh, and maqaṣid as-syarī\u27ah. Besides, the study uses a content analysis approach to bring up the messages objectively and systematically
English
No full textTropical rainforest in Peninsular Malaysia is home to a highly diverse flora and fauna. The biodiversity and sustainability of the forest are highly potential to mitigate climate change and its adverse consequences. Although Malaysia is committed to preserve the forest in recognition of the important services, the threat against the forest of degradation and even deforestation for demand of other prevailing interests remain. Bio banking scheme has been one of market-oriented mechanisms which have been suggested to fund towards ensuring the sustainability of the biodiversity in Malaysia. By examining the experience of biobank for forest or environmental conservation, this paper considers issues and challenges in the creation of such biobank in Peninsular Malaysia as proposed in a study. For this, it considers two existing schemes of biobanking, one is implemented in the New South Wales, Australia, and the other is in Sabah, Malaysia, the Malua Biobank. The main features of these two schemes are examined and the issues faced are considered in the context of the Peninsular Malaysia. Creation of such biobank is significant to promote for further efforts in finding alternatives in forest conservation
MUSLIM CONSUMERS’ PERCEPTIONS ON COUNTERFEIT COSMETICS
Get PDFIn conjunction with the rise of the Muslim population and beauty awareness, the halal cosmetic industry is expected to grow significantly. This growth serves as an opportunity for the cosmetic industry in Malaysia to bring out a lot of new cosmetic products into the industry. However, it can lead to strengthen the market competition which then resulting in the emergence of counterfeit and unlicensed cosmetic and beauty products into the local market. Despite the growing potential of halal cosmetic industry, consumers are not being exposed sufficiently to the importance of halalan tayyiban in a cosmetic product. This study will analyze the influence of religiosity, brand consciousness and demographic background towards perception of Muslim consumers on counterfeit cosmetic products. Data for this study are extracted from existing literatures in the research area of Halal cosmetic industry in local and outside Malaysia. This study will give the opportunity for future researchers to expand the area of research of halal cosmetics and will be essential for future developments in the halal cosmetics industry itself
AN OVERVIEW OF BUDU PRODUCTION IN KELANTAN FROM HALAL AND POLICY ASPECTS
Get PDFBudu or fish sauce is a traditional food of the East Coast communities in Peninsular Malaysia that is produced through a fermentation process between 6 to 12 months in the covered containers known as unprocessed budu. Meanwhile, the processed budu is prepared by grounding coarsely unprocessed budu before mixing with tamarind paste, palm sugar, sugar, monosodium glutamate (MSG), food colouring, and then boiled. Once the mixture is filtered, processed budu is cooled, bottled and marketed all over Malaysia. Most of the manufacturers (23) are located in Kelantan and Terengganu. However, based on the recent data, only one brand of budu is halal-certified as compared to other Malaysian fermented fish products, i.e., belacan (243), pekasam (14), and cencaluk (13). The study offers some important insights into the issues that arise in budu production from the halal and policy aspects that may hinder the manufacturers from applying halal certification. The use of qualitative studies is a well-established approach in this study. Five broad themes emerged from the analysis, the low quality of raw materials (anchovies) and lack of awareness and knowledge base in food safety and hygiene practices among the manufacturers and workers are identified as the main factors contributing to scare-mongering against halal certification. In addition, we found shortage of raw materials (anchovies), lack of incentive and specification standards for the quality of budu were the bottleneck of halal application among the budu entrepreneur. Therefore, more outstanding efforts are needed to ensure the involvement and cooperation from the government agencies and regulators and budu manufacturers to help them penetrate the international market. Indeed, a desire is needed to boost the exportation of budu globally following the market demand and opportunities.  
THE LEGAL PROOF OF MACAU SCAM IN MALAYSIA
Get PDFAlthough there are 5218 Macau scam cases reported since January to October 2020, from the total of the cases, 1420 cases were charged and 2676 were arrested by the Royal Malaysian Police (RMP). This fact can be considered as strong evidence to proof that Macau scam is getting increasingly serious and has the potential to become even worse in the future. Therefore, this study is conducted to investigate the legal meaning of Macau scam, the relevant provision in Malaysian Statute, the methods of proving and the standard of proof applicable in convicting Macau scam crime. Empirical methods of investigation based on available reported cases about Macau scam or fraud are developed herein. Application of such methods will analyse each of the issues highlighted in this study. This study found that Macau\u27s scam means that the fraudulent act deliberately cheats someone to get fast money by making them suffer a loss of money. Besides that, there are provisions that may be applicable to Macau scam; as one of the forms of fraud contained in the Penal Code (Act 574), Section 24, Section 25, Section 415, Section 170 and Section 420. Reviewing cases of fraud as the basis for the Macau scam, it was explicitly stated in most cases that the burden of proof rests with the prosecutor or the group who wished to allege the Macau scam. The standard of proof in civil trials is in the balance of probabilities. The impact of the study is on phone users; victims of Macau scams and legal practitioners in Malaysia. Future studies may be conducted in the field of legal remedies for a Macau scam crime