Journal of Shariah Law Research

AMALAN PENGURUSAN SULH DI JABATAN KEHAKIMAN SYARIAH

Hadenan Towpek — 2023-07-05

Nowadays Sulh is one of the methods of Alternative Dispute Resolution (ADR) which is much appreciated in Malaysia, especially in the Shariah Court. Therefore, this article analyzes the Sulh administration’s practices at the Department of Sarawak Shariah Judiciary (DSSJ), Kuching Division, Sarawak. This study aims to three main objectives, which are analyzing the definition, theory, concept, and practices of Sulh in Islamic jurisprudence as well as at DSSJ Kuching Division; and analyzing the administration aspect of Sulh Unit at the same location. The study applies three categories of previous literature sources, namely 8 sources of open literature, 19 sources of special literature, and 12 official sources from agencies with jurisdiction in Shariah law in Malaysia. Furthermore, this article uses three main methods in the data collection process: library research, interview, and document analysis. While the data collected for this study is from 2014 to 2020, which is for 7 years only. While the data analysis method uses three main methods, namely the inductive method, deductive method, and comparative method. The results of this study provide a summary of the three key findings. Firstly, the method of sulh has been successfully developed based on sources from the Qur’an, al-Sunnah, and the treasures of Islamic jurisprudence. Secondly, the sulh method is enabled as one of the methods in the ADR. Finally, this article also confirms the importance of specialization in the field of work as a Sulh Officer, especially the strengthening of soft skills such as communication skills, psychology, and counseling.

PERCERAIAN BAGI PERKAHWINAN YANG BERUSIA KURANG DARI TEMPOH SATU TAHUN DI MAHKAMAH RENDAH SYARIAH PETALING

Solihah Mansor — 2023-07-05

This study examines divorce cases for marriages less than a year that were registered in the Petaling District Shariah Court. Divorce statistics generally continue to show an increasing trend, but it is more worrying when records show that divorces for marriages that are less than a year have also increased. Among the objectives of this study is to examine the concept of divorce according to the Islamic perspective and its practice according to Islamic Family Law in Malaysia. In addition, this study was also conducted to analyze cases of divorce for marriages that are less than a year in more detail from the aspects of the age range of the couple, their level of education, their level of financial and economic stability, the number of their current marriages and the method of the divorce as well as to identify the factors lead to the divorce for marriages that are less than a year. The data has been collected through library research, documentation and interviews while the data obtained were analyzed using thematic methods. Document sources are derived from the files in the Petaling District Shariah Court. The study found that the main factors that lead to this problem are economic and financial instability, neglect of responsibilities, attitude and moral problems, physically and mentally weak and third party intervention in the marriage.

RESOLUTION OF FAMILY DISPUTES IN ADMINISTRATION OF ESTATE BY AMANAH RAYA BERHAD

Muhammad Amrullah Drs Nasrul — 2023-07-05

Despite being under the same laws, the practical aspects on administration of estate of a deceased person is different subject to case by cases basis. For some families, there are disputes that exists relating to the inheritance that must be resolved. Such occurrence of disputes may be caused by several factors. This include instances such as family members who are not satisfied with their portion, disagreement with the appointed personal representative and cannot forget with past problem between the family members. The existence of such disputes can affect the flow of estate administration and eventually lead to adverse implication including rendering the assets frozen due to absence of management application or causing delays in the estate administration. Being one of the administrative bodies, these are among the situations encountered by Amanah Raya Berhad (ARB) in their management of the deceased asset. As a personal representative with experience over 90 years in handling estate administration cases, ARB have developed their own practice to address the arising disputes. The aim of this paper is to discuss on how ARB addresses the family disputes in estate administration. This paper also will determine the suitability of mediation to be implemented by ARB as part of ARB practice in managing estate administration cases. This paper undertakes a library-based study as a research method through the analysis of selected materials including journal articles, academic writings, statutes and cases. The results of this paper shows that ARB is emphasizes on the aspects of discussion and negotiation in handling family disputes in estate administration. There is however, a room to improve on the aspects of disputes resolution, particularly via the implementation of mediation as suggested in this paper.

AN ESCALATING TRANSITION TOWARDS HALAL VACCINE CERTIFICATION IN MALAYSIA

Johari Ab Latiff — 2023-07-05

In Malaysia, there is a need to provide halal certification for vaccine products. The Department of Islamic Development Malaysia (JAKIM) together with other relevant government agencies and the pharmaceutical industry have improved and expanded the scope and standards of Malaysian Standard MS 2424 Halal Pharmaceuticals-General Requirements (Malaysian Standard MS 2424) in 2019, which serves as general requirements references for the halal pharmaceutical including vaccine products. It is a positive movement. Currently, Malaysia only relies on vaccine products that are not halal or whose halal status is unknown. Although the development of this standard will be able to create a halal vaccine product certification system, however, the actual implementation of the standard by the Malaysian halal certification body (JAKIM) and the vaccine industry needs to be scrutinized, because it is a new standard revision. Therefore, the study on halal vaccines based on Malaysian Standard MS 2424 as a progressive transition towards halal vaccine products certification implementation in Malaysia is very important, especially to see how the implementation can be carried out. In general, the objective of this study is to analyze the regulations, provisions, applications, issues, and challenges of standards. To achieve these objectives, qualitative method approaches have been used in this research, data were collected through document analysis and semi-structured interviews conducted with relevant informants who are directly involved in the halal vaccines sector in Malaysia. The findings of this study show that, in implementing halal vaccine certification based on Malaysian Standard MS 2424, some several obstacles and challenges had to be faced by the stakeholders. At the end of the study, several recommendations were prepared to strengthen and facilitate the certification implementation of halal vaccine products.