Jurnal Fiqh https://ejournal.um.edu.my/index.php/fiqh <div align="justify">Jurnal Fiqh (ISSN:1823-089X, E-ISSN: 2289-7518) merupakan jurnal yang diterbitkan setiap tahun oleh Jabatan Fiqh dan Usul, Akademi Pengajian Islam, Universiti Malaya. Walaubagaimanapun, mulai tahun 2020, Jurnal ini diterbitkan dua kali setahun. Objektif utamanya adalah untuk menyediakan satu forum akademik bagi membincangkan isu-isu fiqh, usul fiqh, fiqh kontemporari dan maqasid al-syariah.</div> <p><em>The Jurnal Fiqh (ISSN:1823-089X, E-ISSN: 2289-7518) is a refereed journal published annually by the Department of Fiqh and Usul, Academy of Islamic Studies, University of Malaya. However, since 2020, this journal publish twice a year. Its main objective is to provide an academic forum to discuss fiqh issues, usul fiqh, contemporary fiqh issues and maqasid -shariah.</em></p> <p> </p> <p> </p> en-US saadan@um.edu.my (Editor in Cheif) jurnalfiqh@um.edu.my (Raihana Abdul Wahab) Fri, 30 Jun 2023 00:00:00 +0800 OJS http://blogs.law.harvard.edu/tech/rss 60 ANALISIS KOMPUTASIONAL APLIKASI SUN COMPASS DALAM PENENTUAN ARAH KIBLAT MUSLIM https://ejournal.um.edu.my/index.php/fiqh/article/view/43106 <p style="font-weight: 400;">Sun Compass is a smartphone app that was developed to determine the Muslim qibla direction around the world. The invention of the Sun Compass is said to be a solution to the inaccuracy problem in Qibla app due to its susceptibility to magnetic interference. Based on the calibration technique of the sun’s shadow and true north reference, the Sun Compass showed a high accuracy of the Qibla direction angle. Therefore, this study was conducted to check the Sun Compass’s accuracy by comparing the Qibla direction display with the Qibla shadow. Data collection was carried out through field observation and the collected data were analysed computationally and comparatively. The results of the study found that the Sun Compass application has a deviation value of less than 0.5° with a 99%-confidence level of 0.1015 and it is still below the limit of deviation from the direction of the qibla <em>(had al-tahawwul ‘ani al-qiblah)</em> which, in Malaysia, is allowed for not more than 3°. This study concludes that the application of Sun Compass in assisting Muslims to determine the direction of Qibla is more accurate empirically than other Qibla apps.</p> <p style="font-weight: 400;"> </p> Mohamaddin Abdul Niri, Nurulhuda Ahmad Zaki, Mohamad Luqman Hakim Mohd Nor Copyright (c) 2023 Jurnal Fiqh https://ejournal.um.edu.my/index.php/fiqh/article/view/43106 Fri, 30 Jun 2023 00:00:00 +0800 ANALISIS HUKUM PENGLIBATAN WANITA SEBAGAI PENGEBOM BERANI MATI BAGI KUMPULAN EKSTREMISME AGAMA https://ejournal.um.edu.my/index.php/fiqh/article/view/43083 <p style="font-weight: 400;">Suicide bombing refers to someone who carries out a bomb attack with the intention of killing themselves as well as others. The destruction of human life, particularly involving women, without proper justification is considered contrary to religious and humanitarian values. However, there are extremist groups that use women to carry out suicide attacks that are oriented around religious arguments. Therefore, this study was conducted to analyze the fiqh perspectives on suicide attacks, particularly those carried out by women in the Islamic State (IS) group. This qualitative study used a selected informant interview approach in addition to document analysis of the IS group’s Dabiq magazine and other written materials. The results of the study show that suicide bombings, lone wolf attacks, and the like by women in the IS group against any infidels or those considered apostates are actions that are contrary to Islamic teachings. They are considered forbidden and sinful. However, scholars have differing views regarding suicide bombers that are specific only to the context of the Palestinian state and not other Islamic territories.</p> Muhd Imran Abd Razak, Mohd Anuar Ramli, Muhammad Yusri Yusof @Salleh Copyright (c) 2023 Jurnal Fiqh https://ejournal.um.edu.my/index.php/fiqh/article/view/43083 Fri, 30 Jun 2023 00:00:00 +0800 POLEMIK AMALAN KHITĀN WANITA DI MALAYSIA MENURUT PERSPEKTIF ISLAM: SUATU KAJIAN AWAL https://ejournal.um.edu.my/index.php/fiqh/article/view/43526 <p style="font-weight: 400;">The practice of female circumcision in Malaysia has been heavily criticized as being similar to Female Genital Mutilation (FGM) in Africa. This criticism followed a 2018 United Nations Human Rights (UNHR) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) recommendation, which called on Malaysia to stop the practice. Among the claims made were that female circumcision is just a tradition and not a religious requirement, and that the hadith used to justify the practice is not authoritative. This study aims to identify the polemics surrounding the practice of female circumcision in Malaysia. It is an initial qualitative study that uses content analysis to analyze data. The study found that there are five main reasons that have caused the polemics regarding female circumcision in Malaysia such as a disagreement regarding the practice of female circumcision in Malaysia, with some viewing it as a local custom. Furthermore, contemporary scholars are debating its legitimacy based on the authentication of relevant hadith sources. Meanwhile, the different methods employed raise concerns about the understanding and implementation of female circumcision among medical practitioners in Malaysia, further exacerbated by the absence of authoritative guidelines on female circumcision by regulatory authorities in Malaysia. In conclusion, this study suggests that the polemics surrounding female circumcision in Malaysia must be resolved by continuing research that can produce safe and Shariah-compliant guidelines.</p> Norazam Khair Mohd Ithnin, Ishak Suliaman, Abdul Halim Ibrahim Copyright (c) 2023 Jurnal Fiqh https://ejournal.um.edu.my/index.php/fiqh/article/view/43526 Fri, 30 Jun 2023 00:00:00 +0800 SEX MORALITY AS THE ESSENCE OF KAFA’AH IN MARRIAGE ACCORDING TO KITABUN NIKAH AL-BANJARY AND THE COMMUNITY OF BANJAR https://ejournal.um.edu.my/index.php/fiqh/article/view/37888 <p style="font-weight: 400;">The purpose of this study is to ascertain the opinions of <em>Shaykh Arsyad al-Banjar</em>y regarding the significance of sexual morality as the foundation of kafa’ah, both before and after marriage, the trend inclination of sexual orientation of household residents in Banjar, South Kalimantan. The al-Banjari Kitabun Nikah chapter on domestic sex morals, which was composed in the 17th century in Malay-Jawi was studied. Complementary information from three married participants was used in determining the ethical restrictions on sex in marriage as part of <em>kafa’ah </em>(eligibility at marriage). Having healthy children is one of the objectives of a marriage. The husband and wife must engage in sexual activity for this to happen. This study shows that having sexual ability is a key component of marriage, and that if one wants to get married, one should find out about one’s sexual ability from a medical professional. Many people, however, believe that sex is always about having fun. To ensure that neither partner feels disadvantaged, sexual encounters must be carried out on the basis of mutual needs and liking.</p> Anwar Hafidzi, Ahmadi Hasan, Gusti Muzainah, Fahmi al-Amruzi Copyright (c) 2023 Jurnal Fiqh https://ejournal.um.edu.my/index.php/fiqh/article/view/37888 Fri, 30 Jun 2023 00:00:00 +0800 القواعد الثلاثة في فكر عبد المقسط غزالي: دراسة تحليلية نقدية https://ejournal.um.edu.my/index.php/fiqh/article/view/39303 <p style="font-weight: 400;">This article analyzes the three principles of Abdul Moqsith Ghozali discourse, namely “substance over form”, “the texts can be abrogated by <em>“Maṣlaḥah”</em>, and “the texts can be revised by the intellect of society”. In order to clarify this article, the researcher relied on the inductive approach to gather information related to the subject. The study employs a critical and analytical approach in analyzing the views adopted by Abdul Moqsith and discusses his opinions in the light of the recognized principles. The researcher has reached several results, including Abdul Moqsith avoiding the methods of the <em>Uṣūliyīn</em> in devising terms by disassembling them. He has three principles that have no controls and limits in their uses and applications. It appeared that the three principles are not new principles but are taken from weighted principles, and then derive and develop them.</p> Rizky Ardiansyah, Mustafa Mat Jubri Shamsuddin Copyright (c) 2023 Jurnal Fiqh https://ejournal.um.edu.my/index.php/fiqh/article/view/39303 Fri, 30 Jun 2023 00:00:00 +0800 التكييف الفقهي لجريمة الابتزاز عبر الوسائل الالكتروني وعقوباتها في الشريعة الإسلامية https://ejournal.um.edu.my/index.php/fiqh/article/view/42228 <p style="font-weight: 400;">The development in the technical field was accompanied by the emergence of new forms of crimes, including the crime of extortion, which moved from the traditional reality to the virtual world, and the technical means of communication became a lush ground for it. The forms and methods of committing it also varied, and accordingly this research seeks to define this crime and explain its characteristics and international legislation to reduce it. The study also seeks to clarify the jurisprudential adaptation of this emerging incident and tries to liberate the jurisprudential principle on which it is built. The researcher used the analytical descriptive approach due to its suitability for the variables of the study. The research concludes several results, the most prominent of which are: (i) the importance and necessity of al-takyif al-fiqhi to demonstrate the comprehensiveness of Islam for all facts and calamities, (ii) the crime of electronic extortion changes its form and accelerates with digital growth, the importance of holding developmental courses in the technical aspects of workers in the judicial sector, and (iii) to understand the characteristics of this milieu, so that the judge and the mufti are fully aware of the cases or fatwas referred to them that enable them to clarify the estimated punishment and prevent these crimes.</p> Sultan Sabil Alanazi, Abdul Karim Ali, Shahidra Abdul Khalil Copyright (c) 2023 Jurnal Fiqh https://ejournal.um.edu.my/index.php/fiqh/article/view/42228 Fri, 30 Jun 2023 00:00:00 +0800