Jurnal Syariah https://ejournal.um.edu.my/index.php/JS <div style="text-align: justify;">Jurnal Syariah is a multidisciplinary academic journal published semiannually by the Academy of Islamic Studies, University of Malaya since 1993. The Jurnal Syariah provides a significant platform for scholars to publish writings on Shariah Studies in its classical and contemporary perspectives. This includes the discussion on fiqh and its jurisprudence, economics, law, political sciences, public administrations and social Sciences. The journal welcomes submission of articles, research papers, report on Shariah court cases and book reviews in the field of Shariah studies. Since 2008, Jurnal Syariah has increased its publication to thrice a year.</div> <div style="text-align: justify;"><img src="/public/site/images/jurnal_syariah/indekss22.jpg" alt=""></div> <div style="text-align: justify;">&nbsp;</div> <div style="text-align: justify;">&nbsp;</div> en-US <p>COPYRIGHT: All rights reserved. Not allowed to be reproduced any part of articles and contents of this journal in any form or by any way, whether electronic, mechanical, photocopying, recording or otherwise without permission in writing from the Chief Editor, Jurnal Syariah.</p> asmak@um.edu.my (Dr Asmak Ab Rahman) afiq.afandi@gmail.com (Mr Mohamed Afiq Afandi Mohamed Azahari) Fri, 30 Apr 2021 16:47:28 +0800 OJS 3.3.0.6 http://blogs.law.harvard.edu/tech/rss 60 FIQH AL-AQALLIYYAH AND MUSLIM MINORITIES IN A NON-MUSLIM COMMUNITY https://ejournal.um.edu.my/index.php/JS/article/view/29795 <p>This study researches into the legal theory of fiqh al-aqaliyyah and Muslim minorities in a contemporary non-Muslim community. In order to achieve this objective, the paper examines the fiqh al-aqalliyyah, its legal position in Islamic jurisprudence, its legal instruments and its applicability to lessen the physical, social, financial and emotional hardships or difficulties encountered by Muslim minorities who find themselves in an unfamiliar non-Muslim environment. Research method used in this study is expository, descriptive and analytical in order to showcase the applicability of fiqh al-aqalliyyah in the modern legal theory within the context-specific and needs-based neo-ijtihād legal rulings for Muslim minorities. Conclusively, the paper makes findings that context-specific and needs-based neo-ijtihād legal rulings of fiqh al-aqalliyyah is still viable in this contemporary period to arrest new jurisprudential challenges facing the Muslim minorities in non-Muslim communities. Also neo-ijtihād exercise of fiqh al-aqalliyyah from a competent Islamic jurists and legal theorists of a particular society is meant for that society only and should not be given general or universal application so as not to cause confusion in the context-specific and needs-based jurisprudential response. Finally, the study recommends that Muslim minorities should make use of the Islamic jurists and legal theorists’ neo-Ijtihād exercise of fiqh al-aqaliyyah which are peculiar to their environment in procuring solutions to some of the contemporary Islamic jurisprudential challenges facing them in the non-Muslim community.</p> Kazeem Adekunle Adegoke Copyright (c) 0 https://ejournal.um.edu.my/index.php/JS/article/view/29795 Fri, 30 Apr 2021 00:00:00 +0800 LEGAL AND SOCIAL COMPLEXITIES RELATING TO PRACTICE OF ARRANGED AND FORCED MARRIAGES https://ejournal.um.edu.my/index.php/JS/article/view/29796 <p>The practice of forced and/or arranged marriages are reported to be taking place globally. These types of marriages have become gender neutral and can no longer be described only as an issue relating to women. However, what is portrayed is that women normally suffer as reported cases are evidence of that. First world countries where there is a large immigrant community, frown on the practice of forced marriages and arranged marriages. This is a complex issue, because on the one hand, one’s religious, cultural diversity is attacked and on the other hand forced and arranged marriages may violate various provisions of international, regional national human rights instruments. From an international law perspective, one could argue that there is a clear violation of international law. On the other hand, and argument relating to one’s cultural and religious beliefs could also be advanced. Concepts such as culture, religion and gender are deeply embedded in most known religions and communities, therefore, the practice of forced and arranged marriages may not be perceived as violation of any law/s whether international or national. Furthermore, forced and arranged marriages are at times so interrelated that it may be difficult to draw a clear distinction between the two. How do we protect women’s rights while at the same time respecting the cultural diversity of society? This article attempts to add to the existing debate surrounding the social and legal complexities of forced and arranged marriages.</p> Ashraf Booley Copyright (c) 0 https://ejournal.um.edu.my/index.php/JS/article/view/29796 Fri, 30 Apr 2021 00:00:00 +0800 NUSHŪZ AS A CAUSE OF DOMESTIC VIOLENCE IN NIGERIA: THE QUR’ANIC PROVISION FOR PEACEFUL FAMILY LIFE AND THE ROLE OF MUSLIM WOMAN IN THE PROCESS https://ejournal.um.edu.my/index.php/JS/article/view/29797 <p>One of the common social problems in Nigerian society nowadays is the increasing of violence against women and children, mostly by male members of a family. Unfortunately, the problem has assumed a new dimension in recent times as husbands become victims of their wives leading violence against them. Throughout the history of human existence on earth. The Qur’ān identifies nushūz as a factor that leads to family crises in marriage contracts and steps have been recommended for peaceful resolution of such disputes in the Qur’ān. However, in spite of this provision, violence against family members is on increase among Muslim families in Nigeria. Some of the questions that many will ask are whether Muslim couples are aware of the Qur’anic guidance in resolving family crises or not? To what extent do the Muslims follow the Islamic teachings in matters related to family life before, during and after disputes? How can such increasing violence be controlled following the teachings of the Qur’ān and Sunnah of the Prophet SAW? What shall be the role of Muslim women in promoting peaceful life within the family? The paper is an attempt to answer the above questions and recommend the best ways to improve family life among Muslims. This will be through analytical studies of relevant texts of the Qur’ān and Sunnah and the current realities in Nigerian Muslim families with a particular reference to Gombe metropolitan city of Gombe State, Nigeria. The paper recommends that Islamic values should be emphasized and upheld at all levels of family life by all and sundry.</p> Hamza Abubakar Hussaini, Fatima Babayo Copyright (c) 0 https://ejournal.um.edu.my/index.php/JS/article/view/29797 Fri, 30 Apr 2021 00:00:00 +0800 PROBABILITY OF DEFAULT MEASUREMENT MODELS OF MERTON ON SHARIAH BANKS AND CONVENTIONAL BANKS IN INDONESIA FOR 2011-2017 PERIOD https://ejournal.um.edu.my/index.php/JS/article/view/29798 <p>This paper provides empirical evidence of the comparison default risk in Islamic banks and conventional banks in Indonesia over the 2011 to 2017 period. The calculation of bank default risk using a Merton Model has allowed the measure of the Distance-to-Default (DD) and Default probability (DP). This study was extended to investigate the differences of bank default risk between Islamic banks and conventional banks with the employ of T-test. The evidence shows Islamic banks as banks that are far from the Possibility of Default Risk rather than conventional banks. The T-test indicates that there are significant differences in the Probability of Default values between Islamic banks and conventional banks. These findings could be relevance to regulators in Indonesia to support the growth of Islamic, which helps in maintaining financial system stability and avoiding systemic risk.</p> Okta Silvira, Lina Nugraha Rani Copyright (c) 0 https://ejournal.um.edu.my/index.php/JS/article/view/29798 Fri, 30 Apr 2021 00:00:00 +0800 LEADERSHIP CHARACTERS IN MALAYSIAN RELIGIOUS-NGOs: AN INTRODUCTORY OVERVIEW https://ejournal.um.edu.my/index.php/JS/article/view/29799 <p>Leadership is a key function and process to unlock the effectiveness and enhancement of any organization’s development, including Religious-NGOs (RNGOs). This can be attained via three main characteristics, which are charismatic, transformational and servant leadership. Previous research has proved that these characteristics are relevant for NGOs, but little was found for RNGOs. RNGO is a form of NGO that is well-known for its active role in contributing to a harmonious and religious society. This paper focused on the concept of leadership in RNGOs and an introductory to the identity of Malaysian Islamic RNGOs that are diverse by ethnic identities. This study was qualitative in nature and depended heavily on existing literature and official reports. The study found that all three selected Islamic RNGOs that represent the Malay Muslims, Chinese Muslims and Indian Muslims adopt and practice charismatic, transformational and servant leadership in executing their organizations’ objectives, which could possibly be a yardstick to effective RNGO leadership development in the future.</p> Mohd Faridh Hafez Mhd Omar, Sharifah Hayaati Syed Ismail, Ishomuddin Sulaiman Ilyas Copyright (c) 0 https://ejournal.um.edu.my/index.php/JS/article/view/29799 Fri, 30 Apr 2021 00:00:00 +0800 ENDOWMENT AND WAQF FUNDS IN MALAYSIAN HIGHER EDUCATION: A CONCEPTUAL STUDY https://ejournal.um.edu.my/index.php/JS/article/view/29800 <p>Higher Education Institutions (HEIs) require sustainable sources of income to fund operating costs. The role of endowment funds has always been significant in providing financial sources to these institutions. In Islam, an endowment is known as waqf. As the differences in these two types of funds are found to be indistinctive, this study explores and highlights the atypical concepts. The method of library research has been used to acquire relevant reference materials to discuss the concepts. This paper has identified several aspects that distinguished these two funds, which include the element of perpetuity element, rights of ownership, and governance (law, structure, trustee, need permission, and income sharing).</p> Nurul Adilah Hasbullah, Asmak Ab Rahman Copyright (c) 0 https://ejournal.um.edu.my/index.php/JS/article/view/29800 Fri, 30 Apr 2021 00:00:00 +0800 LIABILITI BAGI PENIPUAN TORT DALAM FORENSIK https://ejournal.um.edu.my/index.php/JS/article/view/29801 <p>Deceit is one branch of the offense under tort law. Deceit can be said to be a fraud act committed by someone who caused the other party to suffer loss or injury. The party suffering a loss or an injury can bring a claim in court on the basis of the tort law. Besides, the claimant must proof several important things before the court can decide the liability. This proof or evidence requires scientific verification by forensic experts. The testimony of the forensic expert can be used to convict deception and also can be used to dismiss the case in court. However, some forensic evidence is wrongly given in the trial. This has a significant effect on both the claimant and the defendant. As a result, the question arises as to what is the liability for tort of deceit in forensic according to tort and Islamic law. The purpose of this study is to define the meaning of deceit in tort and Islamic law as well as the liability for tort of deceit in forensic. This is a case study which gathered materials based on literature reviews, including cases published in Malaysian legal journals as well as cases addressed by fuqaha. The study was analyzed using thematic and descriptive methods. The study found that deceit is an offense according to tort and Islamic law. The liability for tort of deceit by a forensic expert must be determined on the grounds of which the deceit was knowingly committed while testifying to the evidence before the court. This study has implications to the judiciary; legal practitioners in Malaysia and to the forensic experts who were called to adduce evidence in court.</p> Nurbazla Ismail, Abdul Basir Mohamad Copyright (c) 0 https://ejournal.um.edu.my/index.php/JS/article/view/29801 Fri, 30 Apr 2021 00:00:00 +0800