16 research outputs found
Green roof system in Malaysia: the construction practitioners' perspectives / Muhammad Abdul Azim Azhar, Dr. Siti Nor Azniza Ahmad Sekak and Dr. Anis Rosniza Nizam Akhbar
No full textGreen roof system is one of the methods that can sustain the environment. It also a vegetated system where plants are planted on the roof using an engineered growing medium laid on certain layer of the system
Intellectual property laws and Islam in Malaysia.
No full textPhDThis study is undertaken on the premise that Islam and Islamic law is to be taken into
serious consideration in any future legislative reform of laws in Malaysia. Islam being
the religion of the country and the strong religious sentiment of the Muslims (who
form the majority in Malaysia) cannot be overlooked or dismissed lightly by the
legislators in Malaysia. Reformation of intellectual property laws is timely, as we are
now approaching to the dateline set by GATF-Trips agreement which aim is to
improve our standard of intellectual property protection. This study seeks to analyze
and evaluate the current legislation pertaining to intellectual property in Malaysia in
terms of the philosophy and rules governing the existence, ownership and exercise of
these rights and their consistency and inconsistency with Islam and Islamic law. The
main objective of this study is to prove that a coherent and logical conceptual
framework of ownership of intellectual property can be derived from an Islamic
perspective which not only offers the basis of rights but also defines the scope of
these rights. From the point of ownership of rights, support can be obtained from the
normative framework of property rights within the traditional classification of 'mal'
(property) and 'haqq al-milkiyyah' (ownership rights) under Islamic law. From the
point of exercise of rights, the exact scope can be defined from the analysis of
fundamental concepts which have been developed by Muslim jurists. It has been
established that Islam and Islamic law offers a sound and systematic paradigm, which
in deeper analysis, can satisfy both our current obligations under international
treatises, as well as our responsibility to practise our religion to the fullest
Intoxication and self-defence : a comparative study of principles of English law and Shari'ah
No full textThe study is based upon an analysis of the general principles of criminal liability in English law and Shari 'ah. It is hoped that it may provide a valid basis for discussion of the future development of criminal law.
The relationship between law and society is an organic one and this relationship in Shari'ah is based on revelatory text of precepts, law, and admonitions. Shari'ah is an
essential part of faith of every Muslim; a sound knowledge of its principles not only gives him a sense of inner fulfilment but enables him to order his life according to the dictates of his religion. On the other hand, in English law, religious beliefs and private morality might be viewed as not a matter for law. Religion is in that context generally conceived as a spiritual sphere of supra-human connotation distinct from law, which is basically a secular concern.
Both the systems of law under consideration are different in their sources and nature. English law, being a positive law, finds its source in legislation and other recognised
sources. Shari 'ah is a divine ordinance imposed upon people without having a freedom of choice and it has its roots in its primary sources, the Holy Qur'an, and the Sunnah.
However, the revelatory nature of Shari'ah does not render it entirely inflexible and immutable. The finality of authoritative legal texts is confined only to a limited number of injunctions in the primary sources. The secondary sources provide flexibility to meet the changing requirements of society. A legal system should strike a fair balance between flexibility and inflexibility of legal rules. A very flexible system of law may lead to inconsistencies, illogicalities and at the same time may be subject to abuse by judges while a rigid system, which leaves no room for judicial discretion is likely to
lead to injustice in certain cases. It is submitted that the very flexible nature of English law has left it full of inconsistencies and illogicalities, despite the appropriate use of judicial discretion.
The research offers a general view of modern thinking about the theoretical foundations and methodology of Shari'ah Shari 'ah recognises a variety of sources and methods from which a rule of law might be derived. Part-I of the thesis discusses the evolving principles of Islamic jurisprudence from their rudimentary sources. The specific relationship between socio-religious reality and the production of theoretical legal discourse is illustrated in Part-11 and III while dealing with the problem of intoxication
and private defence in society. It suggests that Shari'ah provides a framework in which the complex and sometimes competing needs of an individual and society can be fairly
apportioned.
The research will demonstrate that there is a well developed system of criminal law in Shari'ah that can be compared with the most developed and civilised criminal law of the contemporary world, for example, English criminal law. In order to compare the compatibility of both the legal systems, the approaches of both towards the problems of intoxication and self-defence have been taken as a parameter. Though Shari 'ah provisions seem to be predominantly prescriptive as compared to English criminal law, the comparison will show that it can provide practical solutions to problems faced by human society of any age. Shari 'ah being a revealed law is proactive in its nature. It takes action to cause changes and not only react to a change when it happens. This particular feature can be felt while dealing with the problem of intoxication. English
criminal law, on the other hand, being a positive law bears the characteristics of a reactive law. It reacts to events or changes rather than acting first to cause change or
prevent something. Another major difference between the two legal systems might be that English criminal law has passed through many evolutionary phases and reached at the present stage through the efforts of the political power and the state; whereas, Muslim states and governments throughout the centuries neither had a hand in the development of Islamic jurisprudence nor in the training and certification of jurists or jurisconsults whose task it was to formulate the law.
History suggests that using the combined forces of religion, morality and law Shari'ah has effectively eradicated social evils and created a peaceful environment for human coexistence, where every one can enjoy his rights without a fear of infringement by the others. In cases of infringement of such rights, the offender shall be liable to severe punishments. The principles of criminal liability are on a par with the corresponding principles of the English criminal law. While protecting the rights of the victim of the crime, Shari'ah does not ignore the rights of the offender for fair trail, impartial justice and liability for punishment proportional to the offence committed by him. At the same time it recognises excuse and justification defences under appropriate circumstances, as
it will be evident while comparing the defences of intoxication and self-defence with the same in English criminal law.
The study reveals that there are similarities and differences between English law and Shari'ah when considering the issue of crime and criminal liability. However, this may be considered as normal phenomenon of comparing any two different legal systems. The differences can be attributed to their sources, origin, history and nature of the social values to be protected. Similarities can be ascribed to zeal for social justice and stability.
The study of differences and similarities will provide an opportunity to illuminate our understanding of law and the process of its development. As both the systems have their
own methodology to tackle legal issues, a different approach to the similar problem will provide a fresh insight leading to revitalised solutions. It will also be helpful to understand the methodology and the legal reasoning of both the systems leading towards a better understanding of law in general and at the same time providing efficient means for improvement
Economic Thought of Muhammad Abduh: An omitted aspect of his biography
No full textMufti Muhammad Abduh (1849-1905), a graduate of Jāmiʿ al-Azhar, was harbinger and precursor of Islamic modernism. He attracted attention of maximum number of researchers on modernism in the Muslim world. His contributions to fiqh, tafsīr, tawḥīd, literature, educational reform and politics are well known. He also thought and wrote on economic problem. He is one of the pioneer ʿulamā in the modern period who paid attention to this aspect of human life. He had deep concern for the poor; he opposed bonded labor and stressed upon the obligations of the rich towards the poor. He pointed out that the concentration of wealth caused the lack of effective demand. He gave wide meaning to the term fi sabīl-Allāh and al-afwā. He permitted insurance on the basis of muḍārabah. However, this aspect of his biography remained neglected. Ironically, the only thing reported about his economic views is ‘his permission of interest earned from the deposits in post offices’ for which no evidence is available in his writings. The present paper discusses all these points
PEMIKIRAN AQIDAH AHLUSSUNNAH WAL JAMA’AH SYEKH MUHAMMAD AZHARI AL-FALIMBANI DALAM NASKAH PALEMBANG 1842
No full textAbstract: Palembang has been known as a center of maritime Malay - Javanese kingdom since the mid- 17th century AD which has the legislation " Simbur cahaya " breath of Islamic law , has grown even Palembang Darussalam Sultanate and established as a center of Islamic studies and Malay literature ( 1750-1820 ) after the decline of Aceh. At the time of Sultan Mahmud Badaruddin I (1724-1757) , Sheikh appeared Syihabuddin bin Abdillah, as a translator and pensyarah book " Jawahir al-tawhid ", and the period of Sultan Ahmad Najamuddin I (1757-1774), Fakhruddin Pack arose as a writer and translator book " treatise fi al - tawhid " , while Sultan Mahmud Bahauddin period (1774-1804) was born Shaykh al-Falimbany Abdusshomad as the author, and no more. Conditions such as supported by a wealth of natural and human resources . Palembang as a center of Islamic studies in the archipelago which bears some leading scholars until the early 19th century AD, has been attacked, occupied and colonized by the British since the year 1227/1812 to 1816. Subsequently moved into the hands of the Dutch . Resistance to foreign imperialism continued through the war berkobarnya sabil until 1821. Penjajahan can destroy potential Muslims. As a result, many al- ulama and santri Falimbani fall as Martyrs \u27 hereafter. Some scholars al- Falimbani appear later generations, diantaranta Shaykh Muhammad Azhari ( SMA ) al-Falimbani ( 1811-1874 ). Year 1255/1839 SMA al - falimbani back to Palembang from the land of Hijaz. Then back to Makkah and make up the book of monotheism titled " Athiyaturrahman fi Aqo idyll of Faith " in 1842 . Year 1261/1844 he married Miss Zaliha binti Demat Wirolaksana. After being in-law Jaya Demat Lieu. He returned to Makkah. In this paper the author will reveal patterns of thought Aswaja contained in the manuscript. The methodology used to approach literary study; This method is similar to qualitative research methods , because it prioritizes explanation , description and analysis of an event or process activity. The method also includes documentation; Explores all types of data. The techique in collecting the data by using; observations, interviews, and documentary studies. Then analyzed through three strands: a) flow reduction activities, b ) the presentation of the data flo , c ) verification flow. Keywords : Palembang, Sheikh Alfalimbani, Manuscript, Tawhee
PEMIKIRAN AQIDAH AHLUSSUNNAH WAL JAMA’AH SYEKH MUHAMMAD AZHARI AL-FALIMBANI DALAM NASKAH PALEMBANG 1842
No full textAbstract: Palembang has been known as a center of maritime Malay - Javanese kingdom since the mid- 17th century AD which has the legislation " Simbur cahaya " breath of Islamic law , has grown even Palembang Darussalam Sultanate and established as a center of Islamic studies and Malay literature ( 1750-1820 ) after the decline of Aceh. At the time of Sultan Mahmud Badaruddin I (1724-1757) , Sheikh appeared Syihabuddin bin Abdillah, as a translator and pensyarah book " Jawahir al-tawhid ", and the period of Sultan Ahmad Najamuddin I (1757-1774), Fakhruddin Pack arose as a writer and translator book " treatise fi al - tawhid " , while Sultan Mahmud Bahauddin period (1774-1804) was born Shaykh al-Falimbany Abdusshomad as the author, and no more. Conditions such as supported by a wealth of natural and human resources . Palembang as a center of Islamic studies in the archipelago which bears some leading scholars until the early 19th century AD, has been attacked, occupied and colonized by the British since the year 1227/1812 to 1816. Subsequently moved into the hands of the Dutch . Resistance to foreign imperialism continued through the war berkobarnya sabil until 1821. Penjajahan can destroy potential Muslims. As a result, many al- ulama and santri Falimbani fall as Martyrs \u27 hereafter. Some scholars al- Falimbani appear later generations, diantaranta Shaykh Muhammad Azhari ( SMA ) al-Falimbani ( 1811-1874 ). Year 1255/1839 SMA al - falimbani back to Palembang from the land of Hijaz. Then back to Makkah and make up the book of monotheism titled " Athiyaturrahman fi Aqo idyll of Faith " in 1842 . Year 1261/1844 he married Miss Zaliha binti Demat Wirolaksana. After being in-law Jaya Demat Lieu. He returned to Makkah. In this paper the author will reveal patterns of thought Aswaja contained in the manuscript. The methodology used to approach literary study; This method is similar to qualitative research methods , because it prioritizes explanation , description and analysis of an event or process activity. The method also includes documentation; Explores all types of data. The techique in collecting the data by using; observations, interviews, and documentary studies. Then analyzed through three strands: a) flow reduction activities, b ) the presentation of the data flo , c ) verification flow. Keywords : Palembang, Sheikh Alfalimbani, Manuscript, Tawhee
Conflict of law and the methodology of Tarjīẖ : a study in Islamic legal theory
No full textIslamic law never achieved unity but expressed itself in, at least, four surviving schools. More interestingly, contemporary Muslim communities are still divided among themselves on a number of issues related to their laws. This work describes how problem of legal conflicts have been tackled by Muslim jurists. It is an attempt to examine closely the phenomenon of conflict in Islamic law from the standpoint of usūl-al-fiqh or Islamic legal theory. In fact, much is heard nowadays of the contradiction in the body of Islamic law. Whilst in contrast, little is presented in terms of the methodology of removing this conflict. The present work therefore, attempts to redress this balance. The emphasis of the work will be concerned primarily with tarjīh methodology ; how to give preference to one piece of evidence or argument over the other when they conflict. Nevertheless, considerable concern is given to investigating the background to the conflict of law in the Shari'ah.
This study of a neglected area in Islamic legal scholarship will be an important source of reference to students, both practising and theoretical jurists or to anyone who merely wishes to increase his knowledge of legal themes, particularly legal conflict. The very aim of the work is to argue that conflict is a natural and unavoidable consequence of legal study because legal conflict is only conflicting principles and arguments adduced by both the classical and modern jurists to reach what is actually intended by God in the target case. Therefore, conflicts are inevitable in most of the cases in fiqh owing to the variety of principles set out to deal with one piece of legal evidence, let alone with all the pieces of legal evidence in question.
Tarjīh is therefore, an important and workable instrument in the re-examination of these conflicts and in arriving at the most accurate principle for establishing the law for as long as this is possible. It is hoped that the discovery of new facts and the increase of knowledge which results from the broadening and deepening of the research will positively contribute to the process of unification of Islamic law
From Rabi'a to Ibn al-Farid : towards some paradigms of the Sufi conception of love
No full textThis thesis aims to investigate the significance of Divine Love in the Islamic tradition with reference to Sufis who used the medium of Arabic to communicate their ideas. Divine Love means the mutual love between God and man. It is
commonly accepted that the Sufis were the forerunners in writing about Divine Love. However, there is a relative paucity of literature regarding the details of their conceptions of Love. Therefore, this attempt can be considered as one of the first of its kind in this field.
The first chapter will attempt to define the nature of love from various perspectives, such as, psychology, Islamic philosophy and theology. The roots of Divine Love in relation to human love will be explored in the context of the ideas that were prevalent amongst the Sufi authors regarded as authorities; for example, al-Qushayri, al-Hujwiri and al-Kalabadhi.
The second chapter investigates the origins Of Sufism with a view to establishing the role that Divine Love played in this. The etymological derivations of the term Sufi will be referred to as well as some early Sufi writings.
It is an undeniable fact that the Qur'an and tladith are the bedrocks of the Islamic religion, and all Muslims seek to justify their ideas with reference to them. This
was especially true for the Sufis. The third and fourth chapters will, therefore, focus on the concept of Divine Love in the textual sources of Islam in order to
determine the role that these played in the development of the Sufi conceptions of love in general.
Having highlighted the origins and general context of Divine Love, the following five chapters will focus on selected Sufis whose contributions can be regarded
as significant, original and representative of the Sufi tradition. The exclusive characteristics of each Sufi's concept of love will be analysed and an attempt will be made to present them as a paradigm of Sufi love. The paradigms of love of the following Sufis will be presented: Rabi`a, al-I-Jallaj, al-Ghazäli, Ibn 'Arabi and Ibn al-F5ricl. The concluding chapter will provide a synthesis of these paradigms of love by putting forward a framework which identifies the key stages in the development of the Sufi paradigm of love.
Regarding the scope and limitations of this study, it should not be seen as a historical or biographical research. The historical analysis and information are
presented merely to give some insight into the social and historical context of the Sufi's time. The primary aim of this research is to establish the different paradigms of love of the Sufis referred to above, by analysing the exclusive motives specific to each paradigm.
Finally, this research is by no means a comprehensive account of the Sufi paradigms of love. The development of the thesis showed that this research can be approached from many different angles. For example, the concept of love is
closely associated with the concept of ma`rifia, and the concept of God. The relationship of the two with the concept of love is a possible area of further research. In addition, the historical information available on each individual Sufi provides ample material for a detailed study of the concept of love in that particular Sufis paradigm. This work provides a general framework for further
studies
A reappraisal of attitudes to the 'People of the Book' in the Qur'an and hadith, with particular reference to Muslim fiscal policy and the covenant of 'Umar
No full textEThOS - Electronic Theses Online ServiceGBUnited Kingdo
