International Islamic University Malaysia (IIUM) Law Journal
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PRINCIPLES TO BE FOLLOWED IN PARTIAL HARMONIZATION BETWEEN ISLAMIC FIQH AND MAN-MADE LAW
Get PDFNowadays all over the Muslim world, with exceptions, Man-made law, inherited from the civil or common law of the colonial power, such as Britain, France, etc., is widely being used. According to some scholars, present Man-made law of the Muslim world has been also partially influenced by the Islamic fiqh. Therefore, there are sporadic similarities between them. Additionally, many rulings that are found in Man-made law of any Muslim country do not exist in Islamic fiqh books because these rulings are related to the issues, which did not exist in the past. Hence, if an Islamic government were established today, it would not be able to abandon all of them. On the other hand, many contemporary Muslim jurists maintain that all that belongs to Man-made law are considered to be kufr (unbelief), whereas majority of the scholars of Man-made law consider that Islamic fiqh is not suitable for the contemporarylife of Muslims.1 In this situation there should be some bridge between these two opposite views, so that Islamic fiqh would get some benefits from the Man made law and vice versa. The basic objective of this is to suggest some principles for partial harmonization between Islamic fiqh and Man-made law. In order to achieve this objective, the researcher will try to explore principles of Islamic jurisprudence (Uṣūl al-Fiqh) and select some of these principles that suit this partial harmonization process. Likewise, he will investigate the opinions of contemporary Muslim jurists regarding this issue
PROSECUTION OF RAPE IN ISLAMIC LAW: A REVIEW OF PAKISTAN HUDOOD ORDINANCE 1979
Get PDFThere has been some confusion over prosecuting rape in modern Islamic legal studies. A question has arisen: should the Islamic court treat the case of rape, in regard of convicting and proving rape, by imposing the same jurisprudential provisions, requirements and legal proceedings as in the case of zinÉ on the ground that rape involves elements of illegal intercourse similar to zinÉ? As such, should the rape victim who complains about rape be charged with qadhf if there is insufficient evidence? This article examines the notions of the prosecution and the required evidence for both rapist and rape victim in Islamic criminal law with special analytical analysis on the Pakistan Enforcement of Hudood Ordinance 1979
THE ACCESSIBILITY OF BUILDINGS AND HOUSES FOR DISABLED PERSONS: THE LAW AND PRACTICE IN MALAYSIA
Get PDFMalaysia is one of the signatories to the proclamations of Asia & Pacific Decade of Disabled Persons (1993-2002), yet Malaysia is still lacking of comprehensive laws as regards to rights of persons with disabilities. The only law available is the Uniform Building (Amendment) By Laws, 1991(UBBL Amendment 1991) that provides for building requirements for disabled persons. This by law may be regarded as an initial step taken by Malaysia to ensure a disabled person’s right to full participation in social development. Despite the existence of this by law, most buildings in Malaysia do not have proper facilities or provide easy access for persons with disabilities. Similarly as far as housing is concerned there is no statutory requirement stipulating that housing (in particular public housing) should be designed to accommodate the needs of persons with disabilities. It is the aim of this article to look into some legal provisions related to barrier free buildings including housing in Malaysia
SOCIO-ECONOMIC AND RELIGIO-LEGAL IMPORTANCE OF ESTATE DISTRIBUTION IN ISLAMIC LAW
Get PDFThe institution of inheritance is as old as the world itself. It occupies a vintage position in any given society whether such society is primitive, developed or developing. Therefore, because of the status of this institution, no society or legal system can afford to close its eyes to the importance of estate distribution generally and in Islamic Law in particular because it constitutes a major method of acquisition of wealth and property. This paper therefore examines the importance of estate distribution in Islamic Law upon the demise of a Muslim from economic, social, religious and legal perspectives
MUSLIM WOMEN’S RIGHTS TO MUTʿAH AFTER DISSOLUTION OF MARRIAGE UNDER ISLAMIC LAW: AN ABSOLUTE OR LIMITED RIGHT
Get PDFA Muslim divorced woman is entitled to several rights after dissolution of her marriage. Those rights include maintenance during ʿiddah, right to accommodation during ʿiddah, right to the custody of children, right to any deferred mahr, right to a share in jointly acquired property and right to mutʿah or consolatory gift. These rights are meant particularly to protect the interests and welfare of the divorced wife after dissolution of her marriage. Mutʿah is a property which is a replacement or an addition to the dower given to the divorced wife, to console and to assist her in facing life after divorce especially if she is divorced without just cause. This paper seeks to examine whether this right is absolute for all divorced wives or whether it is only limited to a particular situation where for example the wife is divorced without just cause or where the divorce is not initiated by the wife. For that purpose, the principle on mutʿah under the Sharīʿah and provisions of Islamic law in Malaysia will be examined, to determine the extent of its application to the Muslim community in Malaysia.
A MEMBER’S RIGHT TO SUE ON BEHALF OF A COMPANY: STATUTORY DERIVATIVE ACTION UNDER SECTION 181A COMPANIES ACT 1965: MOHD SHUAIB ISHAK V CELCOM (M) BHD
Get PDFEFFECTS OF THE LEGAL MAXIM: “NO HARMING AND NO COUNTER-HARMING” ON THE ENFORCEMENT OF ENVIRONMENTAL PROTECTION
Get PDFLegal maxims are legal instruments that give a bird’s eye view of the content of the law. Reflective of a consolidated reading of fiqh by great jurists over many centuries, legal maxims are a handy tool for researchers, lawyers, judges and legislators who need it to expand the grasp and understanding of the content and objective of the law. They also reflect settled principles of law to which jurists appeal when confronting new legal cases. This paper explores the Prophetic hadith turned-maxim, to reveal the dynamism of Islamic law towards prevention of environmental excesses and enforcement of legal protection by individuals or organisations. The maxim “No Harming and No Counter-harming” and its auxiliary maxims are appropriate legal instruments for legislations related to environmental protections. The subject has been discussed based on the provisions of Qur’an, Prophetic traditions and their interpretation by scholars as relating to the general provisions of the Maxim. Limiting itself to one universal maxim, the study aims to extend the regulations expounded in the above sources to contemporary environmental issues detailing legal injunctions against environmental harm and the removal of the existing ones
Ahmad Ibrahim Memorial Lecture; FIFTY YEARS OF CONSTITUTIONAL GOVERNMENT IN MALAYSIA
No full textIt is has been a long time since I stood in front of academics and an illustrious audience. Today I consider it a great honour for me to deliver the 9th Memorial Lecture in honour of a great man, the late Professor Emeritus Tan Sri Ahmad Ibrahim who spent all his energy and learning towards spreading Islamic law. However I feel somewhat diffident and inadequate to the task having regards to the fact that the last twenty years of my life were spent away from active public service.
 
MAREVA INJUNCTION AS A PREVENTIVE RELIEF: THE MALAYSIAN EXPERIENCE
Get PDFMareva injunction generally results from a successful application to freeze the assets of the defendant prior to trial. In Malaysia, the application for the Mareva injunction did not get a good start, on the ground that the Malaysian court had no jurisdiction to grant such relief. The legal remedy under the Debtors Act 1957, by way of attachment of property before judgment was also an obstacle to the introduction of the Mareva injunction. It was only in 1984, in the case of Zainal Abidin v. Century Hotel Sdn Bhd,1 that such an application was granted when Raja Azlan CJ held that Mareva injunction should be available in Malaysia to fulfill modern commercial need. This paper examines the development of the Mareva injunction and its implementation in Malaysia. The research methodology which is adopted in this paper is mainly case law analysis. There will also be a brief appraisal of the application of Mareva injunction from the Shariah perspective.
THE RIGHTS OF A RAPE VICTIM IN ISLAMIC LAW
Get PDFRape victims undergo double jeopardy as they experience unwanted aggression against their freewill which make them suffer physically and mentally, and at the same time they have to fight to be treated fairly and respectfully within the legal environment. There has been a controversial issue regarding rape prosecution in Islamic legal system as the rape victim would be either charged with zinā (illegal sexual intercourse) because of her confession or qadhf (false accusation) as a result of her failure to bring four male eyewitnesses. This paper aims at investigating the fundamental rights of rape victims provided in Islamic law. This will include legal rights to be defended fairly, exemption of punishment, adequate compensation, and other essential rights. This study will explore opinions and arguments of classical Muslim jurisprudents from various schools of law.