56 research outputs found
Fiqh forensics: integration between sciences and Islamic law for autopsies and identification of deceased
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Tinjauan awal terhadap modul teras fiqh forensik bagi kegunaan pegawai-pegawai syariah di Malaysia
No full textDISASTER IN SYARIAH PERSPECTIVE: A STUDY ON CUSTOM AND LOCAL WISDOM CORRELATION .
No full textThe sources of Syariah (Islamic law) are classified into two categories; primary and secondary sources. In fiqh (Islamic jurisprudence), the classification is important for it will determine from which the ahkam (rules) of Allah are discovered, in which the dalil (guide) or source of Syariah will give weight. The majority of scholars agreed that there are four primary sources for Syariah; Quran, Sunnah, Qiyas (analogy). The other category is the secondary sources in which the scholars differ in utilising them as a basis in deriving the ahkam. Some scholars considered them as a source, whilst others decline to utilise them in deriving the rulings of Fiqh. or adat (custom) is one of the Syariah secondary sources defined as the matter on which a community of people agree in the course of their daily life, or it is a common usage to refer to specific actions repeatedly performed by individuals and communities. Majority of mazahib (schools of fiqh) consider a legal principle in respect of matters about which there is no definitive actions. They consider as a dalil when there is no specific nas (text) or it is contrary to any other dalil. Meanwhile, local wisdom (local knowledge) can be defined as a policy or noble values contained in the richness of the local culture in the form of traditions, manners and life mott
Halal Forensics Issues Involving Three-Dimensional (3D) Printing Technology of Cultured Meat
No full textINTERDISCIPLINARY INSIGHTS INTO SYARIAH AND LEGAL DISCOURSE: NAVIGATING CRITICAL DIMENSIONS, CONTEMPORARY CHALLENGES, AND GLOBAL IMPACT
Get PDFThe Malaysian Journal of Syariah and Law (MJSL) Volume 11, Issue 2 for 2023, presents a diverse collection of sixteen articles that explore various dimensions of Syariah and Law. This issue features sixteen diverse articles traversing critical dimensions within the domains of Syariah and Law. The illuminating scholarship inquiries into conflicts surrounding land development legislation in Malaysia as a case study, intersections between self-determination and terrorism under international law, innovative Islamic financing mechanisms, preventative health policies in religious institutions, issues impacting the elderly, variations in Shariah governance models, dynamics shaping traditional governance structures, legal and political considerations around foreign investments, extremism affecting the Islamic community and ethical foundations guiding the Islamic finance industry. The Commentaries section discusses specific issues within the focus towards leveraging Islamic finance principles for poverty alleviation, the constitutionality of Section 498 of the Penal Code at the intersection of Islamic teachings, personal law, and morality in Malaysia and emerging technologies to transform intellectual property security. Collectively, these articles underscore MJSL’s emergence as a leading platform for discourse surrounding Islamic jurisprudence, legislation, finance, ethics and contemporary challenges at the intersection of syariah and law. These articles collectively contribute to a global perspective on legal discourse, reflecting MJSL\u27s commitment to high editorial standards and impactful research dissemination. The inclusion of MJSL in Scopus beginning in July 2023, with content retrospective to 2019, signifies a significant milestone that emphasizes the journal\u27s worldwide significance and dedication to academic distinction
The integration of forensic science fundamentals and al-qarinah towards achieving maqasid al-shari'ah
Get PDFThe world is calling for forensic science in proving the truth for the justice of sophisticated cases. The impact of separation between religion and science and the negligence of viewing forensic science from the maqasidic perspective left a huge gap in shariah literatures thus resulting forensic science to become exclusive and alien to Islamic law. Failure in understanding fundamentals of forensic science worsens the situation by giving negative implications towards the incompetency of Islamic law. This study aims to identify forensic science elements in Muslim scholars’ view on the admissibility of al—qarz‘nah in Islam, to analyse the relationship of forensic science elements with maqc‘lsid al—shari‘ah from its transferability through reported forensic science cases, to analyse fundamental framework of forensics in Islam, and to propose for a fundamental recommendation of forensic science as integration with al—qarinah towards achieving maqc'zsid al-sharf‘ah. This qualitative research used Grounded Theory and content analysis method to obtain research objectives. Constant comparative approach on theoretical samples and descriptive, inductive, and deductive approaches on selected primary and secondary sources of data were used in the analysis process with the assist of Atlas.ti version 7 as a software analysis tool. A total of 117 forensic science elements were found which built four key fundamentals namely; ‘forensics jurisprudence’, ‘human capital’, ‘forensic analysis’, and ‘accreditation’. The transferability interpreted from the theory towards selected thematic forensic cases proved that all four key fundamentals do exist in preserving the five essential values of human life. In achieving maqc‘lsid al—shari‘ah, ‘forensics jurisprudence’ fundamental acquires a comprehensive understanding of forensics application towards accomplishing the ma ’c‘tlc‘lt that comprises historical reviews, the terminology of fiqh forensics, the reasoning of forensics through istidldl in usulfiqh and its relationship with maxims. As for the adaptation for shariah legal purposes, ‘human capital’ fundamental highlights a holistic approach in achieving maqc'lsid al- shari‘ah through forensic science education and training as well as fulfilling the competency of experts. The ‘forensic analysis’ fundamental incorporates level of doubt in analysis, ethics, presumptive and confirmatory test, instruments, crime laboratories epistemology, and analysis held by a shariah entity as salient features to minimise Shubhah. These features contribute to the suggestion of establishing forensics laboratory for shariah legal purposes. The ‘accreditation’ fundamental reviewed six standards in forensic science; ISO 9001, MS 1900, ISO 17025, MS 2300, SAMM, and ASCLD program. Among all, only ISO 9001 is not complied with shariah principles. The combination of these five standards ensures the quality assurance of forensics application to achieve maqc'zsid al—sharf‘ah. Thus, the integration of forensic science with al—qarinah through its fundamentals is proven possible to realise maqc‘tsid al—sharf‘ah. This study suggests that the four fundamentals should be given priority and evaluation in raising the bar of forensic science in Islam
EXPANDING HORIZONS IN SYARIAH AND LAW SCHOLARSHIP: INSIGHTS FROM THE MALAYSIAN JOURNAL OF SYARIAH AND LAW
Get PDFVolume 11, Issue 1 (2023) of the Malaysian Journal of Syariah and Law (MJSL) showcases a diverse collection of articles and case studies that make significant contributions to the international scholarly community. The articles delve into crucial topics such as the treatment of uncontrollable children, offering a comparative analysis of international and Malaysian legal frameworks. Another article examines cultured meat through the lenses of fiqh and Sufism, providing valuable insights into its compatibility with Islamic principles. The study on punitive labor in Oman analyzes its application within the Omani legal system, considering its alignment with international standards. Additionally, the volume addresses the challenges of controlling territorial borders during the COVID-19 pandemic, focusing on maritime areas. The use of gelatin in halal pharmaceutical products is explored, ensuring compliance with Islamic dietary regulations. The volume also includes studies on the application of non-ratified international treaties, offering new perspectives on their judicial implementation. Furthermore, the contextualization of Maqasid al-Shariah according to the objectives of the individual, family, society, and humanity is thoroughly examined. A comparative analysis of social solidarity in Islam and contemporary economic systems contributes to the discourse on economic justice. The case studies within this volume provide insights into the constitutional position of the continental shelf in Malaysia, shedding light on the legal provisions and implications surrounding its resources. Additionally, protocols for validating the status of illegitimate children in Syariah law are presented, offering valuable guidance in teaching and learning approaches for this area of study. Lastly, an intellectual dialogue with an esteemed professor in peace and conflict studies enriches the scholarly conversation. A book review on advancing the legal status of women in Islamic law provides critical insights into this significant subject. The contributions within this volume deepen our understanding of these topics, stimulate further scholarly exploration, and foster the advancement of knowledge in the field of Syariah and Law
THE DEVELOPMENT AND LITERATURE PATTERN OF MAQĀṢID AL-SHARI’AH IN MALAYSIA: SYSTEMATIC ANALYSIS
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