Al-Shajarah Journal of the International Institute of Islamic Thought and Civilization (ISTAC)
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NOTES ON CONTRIBUTORS - VOL. 23, NO. 1 (2018)
No full textNotes on Contributors - Vol. 23, No. 1 (2018
SOCIO-LEGAL IMPLICATIONS OF CROSS-BORDER MARRIAGE AMONG MUSLIMS IN MALAYSIA: AN EMPIRICAL STUDY
No full textMarriage is a sacred bond between a man and a woman. Such a relationship is blessed by Allah as is mentioned in the Qur’an and the traditions (Sunnah) of the Prophet (PBUH). The laws created by man are meant to streamline the conduct of marriage, apart from thealready provided ḥukm laid down in Islam. There are peoplehowever who violate these laws due to their own ignorance and thisviolation affects the future of the marriage as well the people who areinvolved in it. A cross-border marriage is a marriage conductedwithout permission from the registrar of marriage in each State andits solemnisation can be contracted in Malaysia or outside Malaysia.The purpose of this study is to examine and analyse the differences inthe demographic information respondents have with regard to theimplications of cross-border marriage among Muslims in Malaysia.The sample consists of four hundred respondents from four regionsin Malaysia. A survey using a questionnaire was the main method ofcollecting data. To support the empirical evidence, a semi-structuredinterview was also conducted in the study. The research reveals thateven though the respondents were aware of the implications ofcross-border marriage, a new mechanism is still required to controlthe occurrence of this type of marriage as it affects the people whoare involved, especially the women and children
THE IMPACT OF ZAKĀT DISTRIBUTION ON SOCIAL WELFARE: A CASE STUDY OF SELANGOR ZAKĀT AGENCIES, MALAYSIA
No full textThis study empirically examines the effectiveness of yearly zakāt distribution as an instrument for social welfare in the state of Selangor, Malaysia. The study applied the autoregressive distributed lag (ARDL) approach to examine these relationships over the period from 2010 to 2018. Overall, the study found that the zakāt distribution contributes significantly to social welfare through education at a significance level of 5% and contributes inadequately through income level at 10% level of significance. This indicates that the current zakāt distribution system in Selangor provides only a marginal influence on increasing the income of the poor. Furthermore, the zakāt distribution was statistically insignificant to social welfare through healthcare. These findings suggest that the current distribution channels of health are insufficient to improve social welfare and should be improved by offering social health insurance policy for zakāt beneficiaries. This can be done via ratification insurance plan between zakāt agencies and insurance companies to cover the basic health needs for zakāt recipients
MINIMUM AGE OF MARRIAGE UNDER ISLAMIC LAW AND THE ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984: A PRELIMINARY STUDY ON THE IDEAL AGE OF MARRIAGE IN MALAYSIA
No full textMarriage is a sacred institution, a union entered into in the pursuit of mutual partnership and happiness between a couple. As a religious covenant, the marriage contract is based on several essential requirements and conditions. Under Islamic law, the age factor is not one of the requirements for a valid marriage because neither the Qur’ān nor the Sunnah indicates a specific age of marriage that may affect its validity. This has led to an assumption that there is no specific age of marriage under the Islamic law. Nevertheless, Muslim jurists agreed that a person is recommended to marry at an age when he or she understands the nature of the marriage contract so that the marriage goals can be achieved. The issue then arises as to what is the minimum age of marriage when a person is able to comprehend such marriage relationship. This paper seeks to primarily study the issue of minimum age of marriage in Malaysia and the most suitable age of marriage under Islamic law that governs Muslims in Malaysia. The study includes a juristic discourse on the matter, the incorporation of the Hanafi view and its significance on the minimum age of marriage as recognised by Malaysian law. The research adopts a qualitative research methodology which includes an examination of the primary and secondary sources relating to the subject matter. The research provides suggestions for improvement of the law on the minimum age of marriage in Malaysia where relevant and necessary
JURISDICTIONAL CONFLICT IN INTERFAITH CHILD CUSTODY DISPUTES: A LEGAL DISCOURSE IN MALAYSIAN COURTS
No full textConflict of jurisdiction between the Civil and Syari’ah court is not a new issue in a dual legal system such as in Malaysia. Intense debatescalates when deciding on custodial rights after divorce in an interfaith marriage. The unilateral conversion to Islam by one party in a non-Muslim marriage has an impact on the status of the marriage and it is a legally recognised ground for divorce. Asignificant development is when the custody of a child is an issuesince both parties are no longer subject to the same set of laws andcourts for the purpose of adjudication. The current practice suggeststhat the converted parent is given preference in custodial rights bythe Syari’ah court, which is consistent with the view of the Shafi’ischool of law. The approach has caused dissatisfaction particularlyamong non-Muslim spouses who question whether the decision hasserved the best interest of the child especially in cases where thechild is very young. This paper seeks to examine the extent of thejurisdictional conflict in interfaith custody disputes in Malaysia andthe principle applied in the determination of each case. The researchmethod employed in this study is mainly a textual analysis of relevantmaterials and resolved cases relating to interfaith custody disputes.The study also adopts qualitative analysis in examining the strengthand weaknesses of the existing law in resolving the conflicts. Judicial interpretation and the judgments of the court are also analysed inidentifying relevant principles adopted by both Civil and Syari’ahcourts. The study concludes that of paramount importance is the bestinterest of the child which must be the guiding principle in decidingcustodial rights in interfaith custody disputes, besides other disputeresolution mechanisms
THE UNDESIRABLE ISSUES IN THE INSURANCE PRACTICES CAN BE RESOLVED BY INTRODUCING TAKĀFUL IN INDIA: THE VIEWS OF ISLAMIC FINANCE EXPERTS
No full textTakāful (Islamic insurance) has been introduced as an alternative to conventional insurance in order to avoid interest, uncertainty, gambling and investment in Sharīʽah non-complaint elements. These elements are prohibited in Sharīʽah (Islamic law) based on their unethicality. Takāful, on the other hand, is based on the concepts of solidarity, brotherhood, and mutual cooperation. It is an ethical product not meant for any religious group or community. Participating in takāful means helping oneself and other fellow human beings in case of financial loss due to misfortune. Participation in takāful can promote a caring and sharing community. The objective of this research is to explore the perceptions of Islamic finance experts towards the issues of unethicality inherent to insurance in India. A combination of convenient sampling and purposive sampling method is employed for choosing the Islamic finance experts as the interviewees. Interview method is used to assemble the major findings for this research. The total of eighteen interviews have been coordinated and all of them are male. The interview results from the Islamic finance experts reveal that the current insurance practices involve Sharīʽah non-compliant activities and unethical business practices, mainly due to interest, uncertainty, gambling and investment in Sharīʽah non-complaint business activities. Based on their opinion, the undesirable issues can be resolved if takāful is offered and the operators abide by the Sharīʽah requirements. By cause of its great advantages, Takāful is not solely for the Muslims. In addition to offering the guarantee and security that conventional insurance does, takāful contains an added feature particularly the fact that takāful is free from uncertainty, usury, and gambling. This research focuses on how unethical issues in insurance can be resolved by introducing takāful in India. Thus, the findings of this research contribute to the existing literature, insurance operators and regulators
THE IMPACT OF ZAKĀT CONTRIBUTION ON THE FINANCIAL PERFORMANCE OF ISLAMIC BANKS IN MALAYSIA
No full textIslamic banks in Malaysia are beginning to response to calls for financial services that are responsible in providing social development impacts to the nation. Malaysia’s value-based intermediation strategy, initiated by the Bank Negara Malaysia is expected to move the Islamic finance industry to the next level of sustainable and long term economic development. Islamic banks are expected to not only focus on profit but also on contribution to societies through Islamic social finance. The traditional methods of Islamic social finance especially on the contribution of zakāt, waqf and ṣadaqah have been used to provide for the basic means of livelihood for the poor. Not only that, this shows that Islamic banks do not only concern on making profits but making contribution to the societies by involving in Islamic social finance through corporate social responsibility. Specifically, this study examines the impact of corporate social responsibilities particularly on the application of Islamic social finance which is zakāt contribution by Islamic banks on their financial performances namely return on assets, return on equity and operating profit. This study focuses on Islamic banks in Malaysia from 2011 to 2018. The financial information is extracted from Fitch Connect and annual reports of the respective Islamic banks which include 15 Islamic banks in Malaysia. The panel regression method was adopted to explain the three models and examine the impact of Islamic social finance on the financial performances of Islamic banks. The findings show that zakāt contribution has positive significant impact on Islamic banks’ financial performance namely operating profit. Hence, the findings of this study offer policy implications by providing empirical evidence on the importance of Islamic social finance on the financial performance of Islamic banks
THE HARMONIOUS RELATIONSHIP BETWEEN MINANGKABAU CUSTOM AND ISLAM IN THE DISTRIBUTION OF INHERITANCE
No full textThis paper explores the relationship between Minangkabau custom and Islam in the distribution of inheritance. Minangkabau, one of the major tribes in Indonesia that embraces Islam, has unique and distinctive customs, one of which is the distribution of inheritance in its matrilineal family system. Islam adheres to a bilateral-parental system. The researchers conducted an in-depth study on the harmonious relationship between Minangkabau custom and Islam, with a focus on the distribution of inheritance. The study uses the normative approach with a qualitative analysis. The findings indicate that in the beginning, Minangkabau customs and Islamic teachings had a striking paradoxical relationship. However, a harmonious path was found in which the distribution of inheritance in the matrilineal family system could be preserved without violating Islamic inheritance law. The path adopted divides family property into higher inheritance and lower inheritance, where customary law applies to the former, and Islamic law (farā’iḍ) applies to the latter which is known as subsistence inheritance. Higher inheritance is called waqf or mussābalah assets, based on the principle of al-‘ādat al-muhākkamah wa al-‘urfu qaḍin” in Islamic law which means customs are both law and judge. This research contributes to a comprehensive study of the inheritance system adopted by the Minangkabau ethnic group and provides an understanding of the Minangkabau people. More importantly it shows how Islamic inheritance law can be adapted to accommodate the influence of customary law in resolving inheritance
MODERN APPLICATIONS OF PROFIT-SALE (BAYʿ MURĀBAḤAH) FROM A MAQĀṢID SHARĪʿAH PERSPECTIVE
No full textThis paper looks into profit-sale (murābaḥah), a nominal sale contract in Islam, in search for Sharīʿah objectives embedded in the corpus according to the terms and conditions of the contract. In light of these objectives, applications of the profit-sale contract as afinancing tool by Islamic Finance Institutions (IFIs) are examined.The study discovers that some modern applications bypass theprimary Sharīʿah objectives of a sale contract, such as the sellertaking liability for possible risks and having real possession of theitems on sale. Contrary to this, the seller transfers his liability to thecustomer and takes possession (qabḍ) of the goods on paper onlyinstead of possession in the real sense. Such applications distort themode of trading real goods into a mere disguise for an increase incredit or riba