Rape in Islamic Law: problems of classification and adjudication

This research investigates rape as a crime according to Islamic criminal law. There have been many controversial issues pertaining to the notion of rape, its penal classification, punishment, adjudication and remedies for the victim. Rape in classical Islamic law has been seen as a crime correlated with zina and as such to be treated in the same way as zina in terms of collecting evidence for prosecution, as well as the punishment for it. However, some modern scholars have suggested that rape is actually closer to hiraba on the basis that there are concepts of hiraba, such as physical assault, in rape. These different classifications of rape result it different procedures for prosecution, proof and punishment. This research examines the appropriate punishment for the rape as well as modern developments regarding the prosecution of rape, legal procedures, the rights of the accused and the rights of the victim, based on the opinions and arguments of classical and modern Muslim jurisprudents from various schools of la

The Adequacy of Data Protection Laws in Protecting Personal Data in Malaysia

With the burgeoning technology, Malaysia has seen a staggering number of data breaches and data leaks within this past decade alone, with no signs of the trend decreasing. This has raised questions on whether the Personal Data Protection Act 2010 (PDPA) adequately protects the personal data of Malaysians. With the recent COVID-19 pandemic, data has been collected on a larger scale than before, with more frequent data leaks occurring. Hence, this study aims to analyse the adequacy of the PDPA by benchmarking it to the United Kingdom’s (UK) Data Protection Act 2018, which have seen a decrease in data breaches since the implementation of the new legislation. In this context, personal data refers to information processed or recorded that relates directly or indirectly to a data subject, who may be identified from the information and may include sensitive personal data. The study uses a doctrinal analysis methodology to best explore the ideas and concepts within the literature available regarding the protection of personal data. The study also employs a comparative analysis methodology by comparing the scope and application of Malaysian and UK legislation for benchmarking. The findings suggest that there are improvements to be made for the PDPA to be adequate

The prevalence of obesity and the knowledge, attitude and practice of healthy lifestyle among the adult population in Kampung Banyuk, Kampung Kerto and Kampung Langup

Background Obesity has become a great public health concern and prevent!ive measures need to be done. Objective The objective of this research is to determine the prevalence ofobesity and their knowledge, attitude and practices (KAP) towards a healthy lifestyle among the residents in Kampung Banyok, Kampung Kerto and Kampung Langup. Methods A cross-sectional study was done among 126 randomly selected villagers aged 18 years and above from the three selected villages. They were interviewed based on a questionnaire and their body mass index (BMI) was calculated. Results It was found that more than half of the respondents are obese. Among the respondents, for the healthy lifestyle component, the level of good KAP is 69.2%, 46.8% and 60.3% respectively. As for obesity component, the level of good KAP is 60.3%, 54% and 54.8% respectively. Among the obese respondents, the level of knowledge and attitude on healthy lifestyle and obesity is better. Obese respondents have better obesity preventive practice while the non-obese respondents have better practice on healthy lifestyle. The only significant correlation noted was between knowledge and practice on obesity albeit a negative one. Conclusion The level of knowledge and attitude and practice on healthy lifestyle among the obese respondents are encouraged but more effort in the preventive practice ofobesity shou1d be done to reduce the prevalence.

An Assessment of Customer’s Preferences on The Selection of Takaful Over Conventional: A Case of Saudi Arabia

This paper aims at assessing the motivational factors that influence the customer’s preferences of Takaful over conventional insurance. The customers’ information about the Takaful products and services based on sharia are identified in order to enable them differentiate Takaful and conventional insurance. The research uses mixed method of data collection. This comprises of questionnaires and in-depth interviews with the respondents from four selected Takaful industries in Saudi Arabia. The questionnaires were analysed using simple percentages and for the interviews, thematic analyses were used. Based on the findings of the study, the customer’s preferences on the selection of Takaful over conventional insurance include protection of Takaful product by sharia, support from the government. Similarly, the absence of risk incurred or transferred to participants, funds contributed in the spirit of brotherhood for all members. Moreover, another customer’s preferences is that contributions (tabarru’) are invested in non-interest based capitalization by the Takaful agents and profits are shared according to individual contributions. Based on Takaful, donations are established at the pooling system in line with sharia and they are formed on the bases of sympathy, consciousness of the idea of tabarru’ as well as abstaining from gharar, maysir and riba.</em

Permissibility of Charging Fees against Guarantee Fundamental and Analytical Study of Resolutions of (SAC-BNM)

This research studies the permissibility of guarantee with fees (kafalah bi al-ujrah) and analyzes it from the perspective of Fiqh and Usul Al-Fiqh, as it is considered one of the important issues in the field of Islamic finance. The issue has been studied in light of the resolutions adopted by the Shari’ah Advisory Council, Bank Negara Malaysia (SAC-BNM) in this regard. The researcher used the descriptive research method on descriptive related studies to describe the issue, while the analytical method was used in analyzing the issue, critically discussing it, and providing solutions to it. Among the findings of this research are: The absence of Qur’anic verses and Prophetic hadiths that forbid the issue does not mean the ability to rely on the two resources i.e., interest and analogy (qiyas, Maṣlaḥah) in the permissibility of charging fees without restrictions. The guarantee corporations should only demand the amount of the debt they have paid on behalf of the borrowers. The guarantee corporations are not allowed to charge any additional amount more than their actual expenses.</jats:p

Permissibility of Third-Party Guarantee for Capital in Mudhārabah based on Maslahah; A Study In light of the resolution of (SAC-BNM)

This research studies public interest (Maslahah) and its consideration in Shari’ah. its classifications and regulations and the significant role it plays in establishing evidence on the contemporary juristic issues. More especially. in the field of Islamic finance and banking sector which issues are increasingly growing and expanding in recent times. The research studies one of these issues. which is the of permissibility of a third-party guarantee of capital in Mudhārabah transaction based on the notion Maslahah. The study was conducted on basis of the resolution adopted by the Shari’ah Advisory Council. Bank Negara Malaysia. (SAC-BNM) on the issue. The researcher used descriptive research method on descriptive related studies to describe the issue. while analytical method was used in analyzing the issue. critically discussing it and providing solution over it. Of the findings arrived at by the researcher are the third-party guarantee is permissible. if he is independent of Mudarib and Rabbul mal. benefactor and there is misconduct or negligence by him. The guarantee is not permissible if it is proven that the capital has been damaged without misconduct by Mudarib. and when the capital is damaged in the normal circumstances. if Mudarib establishes evidence that the damage occurred without misconduct or negligence on his part. it is not guaranteed in order to preserve his interest. and if he is unable to provide evidence that he has not violated the capital. it is guaranteed. in order to preserve the interest of Rabbul mal. and this is the interest consideration.</jats:p

Effect of Applying Total Quality Management in Improving the Performance of Al-Waqf of Albr Societies in Saudi Arabia: A theoretical framework for "Deming's Model"

This study aims to examine the effect of applying Total Quality Management (TQM) on the performance of Al-Waqf of Albr societies in the Kingdom of Saudi Arabia. Such charitable organizations lack transparency and are requested to provide adequate financial disclosure. The lack of internal control and scrutiny negatively affects their performance. The study relies on Deming's 14-Point to assess Waqf quality control and effective management and leadership styles. The analysis is qualitative. Interviews and case studies were used to achieve the research objectives. The study fills the research gap and weighs the impact of TQM application for charitable organizations in Saudi Arabia.  </jats:p

The Relationship between Self-efficacy, Resilience and Social Support with Relapse Tendency in Substance Use Disorder in Indonesia

Background: Substance use disorder (SUD) remains a major public health concern, with high relapse rates following detoxification treatment. Psychosocial factors such as self-efficacy, resilience, and social support may influence relapse outcomes, yet their roles remain underexplored in Indonesia. Objective: This study aimed to examine the relationship between self-efficacy, resilience, social support, and relapse tendency among Indonesians with SUD. Methods: A cross-sectional study was conducted at a rehabilitation center in Jakarta, Indonesia. Participants (n = 200; mean age = 37.56 ± 5.89 years) were adults (≥18 years) diagnosed with SUD by a psychiatrist. Standardized questionnaires assessed social support, self-efficacy, resilience, and relapse tendency. Correlation and mediation analyses were performed using bootstrapping with 5,000 samples (95% CI). Results: Social support was negatively correlated with relapse tendency (r = –0.42, p &lt; 0.01), while self-efficacy and resilience were significant mediators in this relationship. The direct effect of social support accounted for 58% of the total effect, and the indirect effect through self-efficacy and resilience accounted for 37.34%. Conclusions: Higher social support reduces relapse risk, partly by enhancing self-efficacy and resilience. Strengthening these factors could be a key strategy in relapse prevention programs for Indonesians with SUD

The Importance of the Accounting Disclosure as a Mediator Factor between the Shareholders of the Cash Waqf in the Kingdom of Saudi Arabia: The Theory of Planned Behavior

The study aimed to clarify the importance of accounting disclosure on the behavior of Cash Waqf (endowments) contributors through the theoretical approach and literature review. In addition, the study tests whether obligatory annual financial statements may facilitate communication between organizations and their shareholders, as the research problem lies in lack of commitment or availability of financial reports. The study uses the qualitative approach through the theoretical method and literature review. The study found that the there are deficient studies in this field, especially in the Kingdom of Saudi Arabia, that is through reviewing previous literature, which prompted the researchers to continue this study in order to answer research questions and achieve the research objectives.</jats:p