Malaysian Journal of Syariah and Law (MJSL)
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HALAL WITHOUT LABEL: IMPLEMENTATION OF MAQASID AL-SHARIAH IN COMMUNITY-BASED TOURISM IN KERINCI, INDONESIA
Full text linkThis study aimed to investigate the feasibility of tourism management that upholds halal values and meets maqāṣid al-sharī’ah indicators, without necessarily using a halal label. Specifically, it aimed to understand the community\u27s social, economic, and religious dynamics where a tourist destination grows and is managed. Using an ethnographic approach, the study was conducted in 2022. Data were collected through semi-structured interviews with twenty informants, document analysis and observation. The Spradley model was employed to analyze the data. The findings of this study indicate that the management of Pantai Indah destination in Kerinci Regency emerged in a social context where religion and culture were closely intertwined through acculturation processes. Therefore, tourism in this area is a religious-cultural expression, rather than solely an economic pursuit. This background has allowed tourism to meet the elements of halal without requiring a halal label or special assistance, while still being able to initiate community-based tourism. Moreover, tourism can be measured using maqāṣid al-sharī’ah indicators. However, the study has certain limitations, such as the concentration of data in one community and the lack of comparison with other communities using different typologies, approaches, and characteristics. Nevertheless, this study recommends that the halal tourism program advocated by the government cannot be implemented in a top-down and uniform manner for all regions. This is because, in several areas, the local community has rejected such a program. In fact, halal tourism can be successfully implemented by ensuring its substance without the need for a halal label
THE CONCEPTUAL NEXUS BETWEEN ISLAMIC FORESIGHT, ISLAMIC THOUGHT AND THE SHARIAH
Full text linkThe current global Muslim community is facing new challenges amidst the remnants of historical colonisation, sectarianism, and current geopolitical, economic and social realities. Despite these challenges, Muslim communities in general have been consistent in preserving the religious precepts derived from the primary sources of Al-Quran and Al-Sunnah, which form the foundation of the Islamic identity. Although widely underemphasised, futures thinking is deeply ingrained in the precepts of Islamic thought since the time of Prophet Muhammad (pbuh), which unbeknownst to many, has indubitably shaped the transformation not only in Muslim communities, but has also influenced global shifts in civilisation from multifarious aspects, for example, science and technology, arts, governance and social justice. This paper seeks to illustrate the significance of Islamic futures thinking as a foundation for progress in Muslim communities, by applying the qualitative methods of content analysis and engagements in focus group discussions. To this end, the study analyses data obtained from the exploration of Islamic texts, traditions and literatures on the Islamic perspectives of futures thinking. This paper advances the proposition that futures thinking has a profound basis in Islam due to the universal nature of the Islamic concepts of knowledge, the methods of addressing gradual and imminent change, its constant inspirations towards excellence and a justly balanced society, as well as Islamic ethics in foresight. Findings of this study highlight the importance of futures thinking as a capacity that must be developed in the Muslim world as part of the process towards long term social transformation
THEORETICAL CONSIDERATIONS OF OWNERSHIP THEORY WITHIN MUAMALAT FRAMEWORK
No full textThis article discusses the definition, types and categories of ownership within muamalat framework according to the different perspectives of Muslim jurists as found in the literature. This will enable Muslims to make better-informed decisions while undertaking current muamalat transactions. The applications of ownership theory in relation to current muamalat practices will also be addressed. This article concludes that the ownership theory within muamalat framework has solid ground. However, due to the changing global landscape, fresh ijtihads and innovative approaches in dealing with contemporary muamalat practices are needed
HAK TERHADAP PENDIDIKAN BAGI PESALAH KANAK-KANAK: KAJIAN DI SEKOLAH HENRY GURNEY, MELAKA: THE RIGHT TO EDUCATION FOR JUVENILE OFFENDERS: A STUDY AT HENRY GURNEY SCHOOL MELAKA
Full text linkSekolah Henry Gurney (SHG) Telok Mas, Melaka is an institution established under the Child Act 2001 as a rehabilitation school for children in legal conflict. The aim of the establishment of this institution is to improve the behaviour of child offenders and to protect their rights. Therefore, this study aims to determine the effectiveness of the Child Act 2001 in safeguarding the rights of child offenders to education during the punishment period at SHG Telok Mas, Melaka. The study is based on a qualitative research design and was conducted in SHG Telok Mas, Melaka. Observations, documentations and interviews were used for this study. This study found that children\u27s right to education is upheld and that underage offenders are offered four educational courses that suit their interests and level, namely academic, craft, sports and religious and cultural courses. However, SHG Telok Mas Melaka does not have information on the number of repeat offenders to determine the cause of re-offending. It is recommended that SHG Telok Mas Melaka liaise with the Department of Prisons Malaysia to ascertain the number of repeat offenders in order to strengthen the right to education in SHG Telok Mas, Melaka.
ABSTRAK
Sekolah Henry Gurney (SHG) Telok Mas Melaka adalah sebuah institusi yang ditubuhkan di bawah Akta Kanak-Kanak 2001. Ia adalah sebuah Sekolah Pemulihan bagi kanak-kanak yang berhadapan dengan konflik undang-undang. Objektif penubuhan sekolah ini adalah untuk memperbaiki akhlak dan dalam masa yang sama melindungi hak pesalah kanak-kanak. Kajian ini dilakukan bagi mengenal pasti keberkesanan Akta Kanak-Kanak 2001 dalam aspek pemulihan serta perlindungan pesalah kanak-kanak yang menjalani hukuman di SHG Telok Mas, Melaka. Melalui kajian kualitatif yang dilakukan di SHG Telok Mas, Melaka, adalah didapati bahawa hak kanak-kanak dari sudut pendidikan adalah terpelihara di mana pesalah kanak-kanak disediakan empat pengkhususan pendidikan yang bersesuaian dengan minat dan tahap pesalah kanak-kanak iaitu kelas akademik, kelas kemahiran, kelas sukan, kelas agama dan kelas kebudayaan. Namun, SHG Telok Mas Melaka tidak mempunyai maklumat berkaitan jumlah pesalah berulang dan mekanisme bagi mengenal pasti punca permasalahan pesalah berulang ini. Justeru, kajian mencadangkan agar SHG Telok Mas Melaka bekerjasama dengan Jabatan Penjara Malaysia bagi mendapatkan jumlah pesalah berulang dan dapat meningkatkan sistem pendidikan di peringkat sekolah ini.SHG Telok Mas Melaka is an institution established under the Children Act 2001 as a Rehabilitation School for children who are facing legal conflict. The objective of the establishment of this institution aimed to educate the behavior and protect the rights of child offenders. Therefore, this study aims to identify the effectiveness of the Children Act 2001 in preserving the rights of the child offender from the point of view of education during the period of sentence at SHG Telok Mas, Melaka. Through qualitative method conducted at the SHG Telok Mas, Melaka, the study found that children\u27s rights from the educational point of view are preserved when the child offenders are provided with four educational courses that are appropriate to their interests and level namely academic, skills, sports, religious and cultural. However, SHG Telok Mas Melaka does not have information on the number of repeat offenders to identify the cause that leads to the offenders repeating the offenses. It is recommended o SHG Telok Mas Melaka to cooperate with the Department of Prisons Malaysia to obtain the number of repeat offenders to enhance the education system at SHG Telok Mas, Melak
THE PRESENCE OF SYUBHAH IN THE PROCUREMENT PROCESS AND PROVISIONS OF CONSTRUCTION CONTRACTS
Full text linkIn the procurement of Islamic philanthropic-funded religious and socio-economic infrastructures and facilities perhaps there exist elements of Syubhah or “uncertain” or “doubtful” matters. Consequently, a qualitative study – combining desk research and discussions with Shariah and construction industry experts – was carried out. The study critically examines whether the construction procurement processes, and contract provisions used therein are consistent with the requirements of the Shariah or otherwise. The outcome of the study suggests the majority of the procurement processes and contract provisions are consistent with the principles of the Shariah, but some are not outright non-compliance hence, suggesting the presence of syubhah. The study and its findings are considered significant in the following ways: (i) a breakthrough for the construction industry’s effort to practice Shariah compliance in its dealings, (ii) a reference for the authorities responsible for the procurement of Islamic philanthropic-funded religious infrastructures and facilities to be more aware of the requirements of the Shariah and (iii) acts as a prelude in the effort to establish Shariah-compliant standards and guidelines on the procurement of Islamic philanthropic-funded religious and socio-economic infrastructures and facilities
BIG DATA AND THE DETERIORATION OF CONSENT PRINCIPLE TO PROTECT HEALTH DATA PRIVACY IN MALAYSIA
Full text linkIt is part of the legal requirement for an individual to be conferred the right to consent when it involves the processing of their health data. However, with the advent of big data in healthcare, consent principle as a lawful basis for data processing and as a tool for data privacy in healthcare is being challenged. In this article, big data refers to the processing and analysis of large data sets to find new correlations—for example, for decision-making purposes and improving health delivery of health bodies. While big data may be beneficial, it also imposes certain legal complications regarding the sufficiency of the Malaysian Personal Data Protection Act 2010 in implementing consent. This article aims to analyse consent principle under the PDPA 2010 as a tool for health data privacy and its sufficiency in big data. We adopt a doctrinal qualitative analysis as the methodology in this paper. It is found that the consent principle under the Act must be revisited because it is lacking in its suitability and functions in dealing with big data and the practical demonstration of explicit consent in protecting privacy. Therefore, it is suggested that Malaysia could look to the European’s Union General Data Protection Regulation as a potential model for enhancing its consent standards, with careful consideration of the existing constraints under the PDPA
BESEANG (CUSTOMARY DIVORCE) IN SASAK SOCIETY FROM THE PERSPECTIVE OF MAQASID AL-SHARIAH
Full text linkThis study is primarily focused on "adat beseang" (customary divorce) as it is known among the Sasak people. The study highlights the intricacy of Sasak divorce customs, which are deeply ingrained in inherited customs and deeply held regional beliefs. This study examines the compatibility of Islamic principles and customary law practices using maqasid al-shariah as an evaluation framework. Findings indicate conflicts between maqasid al-shariah principles and customary law, despite the fact that customary law is crucial to divorce agreements. An incisive viewpoint for assessing customary law practices is provided by a critical grasp of justice, social welfare, and the defense of individual rights in maqasid al-shariah. Analysis of customary law viewpoints with maqasid al-shariah review confirms the necessity of balancing local customs and universal Islamic values in resolving conflicts, especially divorce, within the Sasak tribe and provides insights into the dynamics of divorce in this context. This article contributes to the ongoing discourse on the intersection of Islamic law and customary legal practises, particularly in regions where traditional customs remain influential. It provides a critical analysis of the need for reform in customary law to bring it in line with the principles of justice and equality enshrined in Islamic teachings. Furthermore, it emphasises the importance of examining the role of gender in these customs and calls for a more inclusive and equitable approach to marriage dissolution practises.
THE APPLICATION OF TORT LAW IN ADDRESSING ISSUES IN HALAL PHARMACEUTICAL PRODUCTS: SAFEGUARDING CONSUMER RIGHTS
Full text linkThe demand for Halal pharmaceutical products in Malaysia has been on the rise, but this positive trend is accompanied by concerning issues such as the use of fake Halal logos and the inclusion of non-Halal ingredients in pharmaceutical products, which present risks to consumers and undermine trust in the industry. Accordingly, tort law emerges as one of the legal mechanisms for consumers seeking redress in cases involving fake Halal logos and non-Halal ingredients. With the application of a doctrinal method based on qualitative legal research methodology, this article analyses the remedies under tort law. The study investigates the effectiveness of remedies provided by tort law in dealing with these issues. Findings reveal that the existing remedies under tort law do not entirely safeguard consumers’ apprehensions related to fake Halal logos and non-Halal ingredients. Therefore, there is a need for a comprehensive review of existing laws to ensure that they provide complete protection for consumers and help to promote the continuous growth of the Halal pharmaceutical industry in Malaysia
HALAL INDUSTRY IN KYRGYZSTAN: CURRENT STATE AND DEVELOPMENT PROSPECTS
Full text linkThe halal industry in the Kyrgyz Republic faces a low level of development despite its great potential for economic growth and international market integration. The lack of adequate infrastructure, inefficiencies in the value chain, a lack of coordination among market participants (private sector, government authorities and foreign investors) and an inadequate legal framework are hindering the industry\u27s progress. This study aims to identify these obstacles and propose solutions to promote the development of the halal industry through innovative investments and the adoption of global best practises in the Kyrgyz Republic. This study employs qualitative methodology through documentary method to collect the data and content analysis method to analyse the data. In the course of this study, factors and conditions for the low level of development of the halal industry in the Kyrgyz Republic were identified and standard regulatory frameworks were proposed. It was examined whether it is necessary to create an appropriate infrastructure, increase the efficiency of the value chain, integrate the participants of the halal market: the private sector, government agencies and foreign investors, improve the qualifications and skill of workers, introduce an automated traceability system for halal products, introduce rules for trading halal products in retail establishments and implement a control system. The subject of the study are the organisational and economic mechanisms of the halal industry in the Kyrgyz Republic where the development of the halal industry relies on the basis of innovative investments by orienting themselves on international standards. The use of theoretical and practical recommendations. The essence and content of the halal industry were determined, after studying the markets of the countries of Europe and the United Stats of America (USA), problems were identified and necessary mechanisms for solving problems in the release of halal products were recommended. In addition, the appropriate application of the recommendations will create the necessary conditions for a large-scale analysis of the halal industry in the Kyrgyz Republic, which in turn will solve the existing problems in this industry
MAQASID SHARIAH-BASED DIGITAL ECONOMY MODEL: INTEGRATION, SUSTAINABILITY AND TRANSFORMATION
Full text linkThis research examines the integration of digital economic models within pesantren (Islamic traditional educational institutions) in East Java, Indonesia, with a particular focus on institutions such as Sidogiri, Al-Yasini, and Sintesa. The research examines how these pesantren reconcile digital progress with Maqāsid Shariah principles, balancing the modernization of economic and educational practices with the preservation of Islamic values. Qualitative methods, such as interviews and focus group discussions, are used to capture the transformative journey of these pesantren toward a digital economy. The study highlights how digital technology is being strategically implemented to improve educational outcomes, operational efficiency, and economic growth while adhering to the core aspects of Maqāsid Shariah the protection of faith, life, intellect, offspring, and property. The research highlights the strategic implementation of digital technologies in pesantren, addressing challenges like technical proficiency and cultural integration. The study underscores the strategic importance of digital integration in Islamic educational institutions for socio-economic and cultural advancement in the digital era. This paper provides important insights into the sustainable adaptation of digital models in pesantren by highlighting the importance of Maqāsid Shariah in guiding these institutions through technological change. This research is essential for policymakers, educators, and stakeholders by providing a nuanced understanding of the intersection between Islamic values and digital innovation in the pesantren sector