Journal of Shariah Law Research

THE CONCURRING HOLY WRITS ON ISLAMIC BANKING AND FINANCE (IBF): A COMPARATIVE LEGAL STUDY TOWARDS INTER-FAITH HARMONY ON COMMERCE

Muhammad Bashir Alkali — 2023-12-30

The Holy Qur’an, as the first primary source of the Sharia, determine the compatibility, or otherwise, of every product and transaction in the operations of the Islamic Banking and Finance (IBF) system. The same goes to all commercial transactions based on the laws of Christianity and Judaism; they must comply with the Bible and the Torah respectively. Hence, the objective of this article is to demonstrate the basic dos and don’ts of the system as enshrined in the said Holy Writs to enhance smooth operations of Islamic banking and interfaith harmony. The library, also called doctrinal, research was used in this article. The article advances the frontiers of comparative law research having found that the Holy Writs, being the Quran, the Bible and the Old Testament, have the same objective of assuring justice in all commercial dealings thus enhancing harmonious banking and other financial transactions nationally and internationally.

PENDERAAN DAN PENGABAIAN WARGA EMAS: KAJIAN MENURUT UNDANG-UNDANG DI MALAYSIA

Siti Aisyah Samudin — 2023-12-30

Golden-agers are often referred to as elderly or veterans who have reached old age. In Malaysia, the use of the term ‘elderly’ refers to a person who has lived long, is old, or is getting old. Cases of elder abuse and neglect are considered to be an increasing concern, with older adults being denied adequate food and care, neglected, or left in hospitals and care. Issues and news stories about abuse are frequently published in newspapers and on social media. The situation is further complicated when it turns out that the perpetrators of this immoral act are usually family members such as children, sons-in-law, or grandchildren. Unlike the issue of child abuse, which often receives immediate attention from the media and society, the issue of elder abuse is often an isolated problem and is rarely reported to the authorities, so older people should be treated appropriately with access to adequate protection and support. Therefore, this article focuses on the issue of elder abuse and neglect through an analysis of the effectiveness of protection for older people involved in cases of abuse and neglect. The data obtained by the documentation method was then analyzed using content analysis and descriptive analysis methods. The results of this study show that existing laws in Malaysia are still insufficient to adequately protect the elderly. As such, some proposals for improving the welfare system for older persons, including government, private sector and community efforts to address and adequately address the problem of elder abuse and neglect are proposed.

AMALAN PERJANJIAN PERKAHWINAN DAN PERCERAIAN DALAM KES TUNTUTAN PERCERAIAN: KAJIAN DI MAHKAMAH SYARIAH NEGERI SELANGOR

Rahmah Safinaz Ngspar — 2023-12-30

The rate of registered divorce application cases in the Shariah Court indicates a significantly concerning number and requires a proactive approach to ensure that these cases are resolved effectively. The current developments in handling divorce cases in the Shariah Court indicate that the court has adopted Alternative Dispute Resolution (ADR) as a method for resolving cases more efficiently in terms of time and cost for the parties involved. This study was conducted to identify the concept and legal status of Marital Agreements according to syarak and the laws and also its practice in divorce application cases in Selangor Shariah Court. The research data was collected through library research, case studies, and interview methods, and analyzed using a qualitative approach. This study found that the context of the implementation of Marital Agreements in the Shariah Court is broader than the concept of ta‘liq and allows parties to include any agreed-upon terms voluntarily in the agreement. Therefore, a comprehensive study of the implementation of Marital Agreements is found to have the potential to be an alternative for resolving any disputes in Shariah Court involving divorce application cases.

SOROTAN LITERATUR TERPILIH TENTANG PELAKSANAAN TADBIR URUS YANG BAIK DALAM PENGELUARAN AYAM HALAL DI MALAYSIA DAN ISU BERKAITAN

Muhamad Mazuan Razaly — 2023-12-30

Halal industry has become one of the agenda in the development of the nation’s economic growth. Several improvements have been implemented by JAKIM, JAIN or MAIN, as the main authority, to ensure that halal governance runs well including in the production of halal chicken meets the aspects of halalan toyyiban. There are also initiatives taken by other agencies as per their respective jurisdictions. However, issues related to halal chicken continuously arise, and it worries consumers. Thus, the study was conducted to analyse the effectiveness of the governance in the implementation of halal certification between the relevant agencies, and will further suggest the relevant halal governance framework. In order to ensure that the information collection process runs smoothly, this qualitative study uses two important instruments, namely document analysis and interviews involving those experts in the field. Research on these aspects would not complete without going through some reviews on the relevant literature. After making several search where literature sources were obtained, several themes have been formed and have been determined. The themes are: halal governance, issues and challenges of halal governance in Malaysia, legislation in halal governance in Malaysia and lastly good governance.