INTERDISCIPLINARY INSIGHTS INTO SYARIAH AND LEGAL DISCOURSE: NAVIGATING CRITICAL DIMENSIONS, CONTEMPORARY CHALLENGES, AND GLOBAL IMPACT

The Malaysian Journal of Syariah and Law (MJSL) Volume 11, Issue 2 for 2023, presents a diverse collection of sixteen articles that explore various dimensions of Syariah and Law. This issue features sixteen diverse articles traversing critical dimensions within the domains of Syariah and Law. The illuminating scholarship inquiries into conflicts surrounding land development legislation in Malaysia as a case study, intersections between self-determination and terrorism under international law, innovative Islamic financing mechanisms, preventative health policies in religious institutions, issues impacting the elderly, variations in Shariah governance models, dynamics shaping traditional governance structures, legal and political considerations around foreign investments, extremism affecting the Islamic community and ethical foundations guiding the Islamic finance industry. The Commentaries section discusses specific issues within the focus towards leveraging Islamic finance principles for poverty alleviation, the constitutionality of Section 498 of the Penal Code at the intersection of Islamic teachings, personal law, and morality in Malaysia and emerging technologies to transform intellectual property security. Collectively, these articles underscore MJSL’s emergence as a leading platform for discourse surrounding Islamic jurisprudence, legislation, finance, ethics and contemporary challenges at the intersection of syariah and law. These articles collectively contribute to a global perspective on legal discourse, reflecting MJSL\u27s commitment to high editorial standards and impactful research dissemination. The inclusion of MJSL in Scopus beginning in July 2023, with content retrospective to 2019, signifies a significant milestone that emphasizes the journal\u27s worldwide significance and dedication to academic distinction

EXPANDING HORIZONS IN SYARIAH AND LAW SCHOLARSHIP: INSIGHTS FROM THE MALAYSIAN JOURNAL OF SYARIAH AND LAW

Volume 11, Issue 1 (2023) of the Malaysian Journal of Syariah and Law (MJSL) showcases a diverse collection of articles and case studies that make significant contributions to the international scholarly community. The articles delve into crucial topics such as the treatment of uncontrollable children, offering a comparative analysis of international and Malaysian legal frameworks. Another article examines cultured meat through the lenses of fiqh and Sufism, providing valuable insights into its compatibility with Islamic principles. The study on punitive labor in Oman analyzes its application within the Omani legal system, considering its alignment with international standards. Additionally, the volume addresses the challenges of controlling territorial borders during the COVID-19 pandemic, focusing on maritime areas. The use of gelatin in halal pharmaceutical products is explored, ensuring compliance with Islamic dietary regulations. The volume also includes studies on the application of non-ratified international treaties, offering new perspectives on their judicial implementation. Furthermore, the contextualization of Maqasid al-Shariah according to the objectives of the individual, family, society, and humanity is thoroughly examined. A comparative analysis of social solidarity in Islam and contemporary economic systems contributes to the discourse on economic justice. The case studies within this volume provide insights into the constitutional position of the continental shelf in Malaysia, shedding light on the legal provisions and implications surrounding its resources. Additionally, protocols for validating the status of illegitimate children in Syariah law are presented, offering valuable guidance in teaching and learning approaches for this area of study. Lastly, an intellectual dialogue with an esteemed professor in peace and conflict studies enriches the scholarly conversation. A book review on advancing the legal status of women in Islamic law provides critical insights into this significant subject. The contributions within this volume deepen our understanding of these topics, stimulate further scholarly exploration, and foster the advancement of knowledge in the field of Syariah and Law

The integration of forensic science fundamentals and al-qarinah towards achieving maqasid al-shari'ah

The world is calling for forensic science in proving the truth for the justice of sophisticated cases. The impact of separation between religion and science and the negligence of viewing forensic science from the maqasidic perspective left a huge gap in shariah literatures thus resulting forensic science to become exclusive and alien to Islamic law. Failure in understanding fundamentals of forensic science worsens the situation by giving negative implications towards the incompetency of Islamic law. This study aims to identify forensic science elements in Muslim scholars’ view on the admissibility of al—qarz‘nah in Islam, to analyse the relationship of forensic science elements with maqc‘lsid al—shari‘ah from its transferability through reported forensic science cases, to analyse fundamental framework of forensics in Islam, and to propose for a fundamental recommendation of forensic science as integration with al—qarinah towards achieving maqc'zsid al-sharf‘ah. This qualitative research used Grounded Theory and content analysis method to obtain research objectives. Constant comparative approach on theoretical samples and descriptive, inductive, and deductive approaches on selected primary and secondary sources of data were used in the analysis process with the assist of Atlas.ti version 7 as a software analysis tool. A total of 117 forensic science elements were found which built four key fundamentals namely; ‘forensics jurisprudence’, ‘human capital’, ‘forensic analysis’, and ‘accreditation’. The transferability interpreted from the theory towards selected thematic forensic cases proved that all four key fundamentals do exist in preserving the five essential values of human life. In achieving maqc‘lsid al—shari‘ah, ‘forensics jurisprudence’ fundamental acquires a comprehensive understanding of forensics application towards accomplishing the ma ’c‘tlc‘lt that comprises historical reviews, the terminology of fiqh forensics, the reasoning of forensics through istidldl in usulfiqh and its relationship with maxims. As for the adaptation for shariah legal purposes, ‘human capital’ fundamental highlights a holistic approach in achieving maqc'lsid al- shari‘ah through forensic science education and training as well as fulfilling the competency of experts. The ‘forensic analysis’ fundamental incorporates level of doubt in analysis, ethics, presumptive and confirmatory test, instruments, crime laboratories epistemology, and analysis held by a shariah entity as salient features to minimise Shubhah. These features contribute to the suggestion of establishing forensics laboratory for shariah legal purposes. The ‘accreditation’ fundamental reviewed six standards in forensic science; ISO 9001, MS 1900, ISO 17025, MS 2300, SAMM, and ASCLD program. Among all, only ISO 9001 is not complied with shariah principles. The combination of these five standards ensures the quality assurance of forensics application to achieve maqc'zsid al—sharf‘ah. Thus, the integration of forensic science with al—qarinah through its fundamentals is proven possible to realise maqc‘tsid al—sharf‘ah. This study suggests that the four fundamentals should be given priority and evaluation in raising the bar of forensic science in Islam

Moderation in Fatwas and Ijtihad: An Analysis of Fatwas Issued by the MKI Malaysia Concerning the Covid-19 Pandemic

Certain muftis reject the moderation method when giving fatwas. They are more prone to extremism or dereliction approaches. This rejection occurs due to various causes and, if left unaddressed, will have a detrimental impact on the fatwa institutions, muftis, and mustaftis. This research discussed the notion of moderation in Islam and how it is applied in the realm of a fatwa. Given that Malaysia is currently dealing with the COVID-19 pandemic and that the MKI (Majlis Kebangsaan Bagi Hal Ehwal Ugama Islam) has issued several fatwas on it, this research will look into the fatwas and the features of moderation inherent within it. Using Bowen's document analysis methodology, this study was performed qualitatively by gathering pertinent data from primary and secondary documents. The retrieved data from both documents were analyzed using content analysis methodology to get valuable information and rearrange it to produce meaning that could be understood and digested. The findings demonstrate that moderation is a symbol of Islam and that one of Islam's virtues is to conduct religious affairs and issue rulings with moderation. In fatwas, the notion of moderation centers on facilitating Muslims' religious experiences. In the context of the MKI fatwas, this study discovered that five fatwas were issued on Islamic affairs during the COVID-19 pandemic. According to the findings of this study, each fatwa has its features of moderation.   AbstrakBeberapa mufti tertentu menolak menerapkan moderasi saat memberikan fatwa. Mereka lebih rentan terhadap pendekatan ekstremisme atau kelalaian. Penolakan ini terjadi karena berbagai sebab. Hal itu jika dibiarkan akan berdampak merugikan bagi lembaga fatwa, mufti, dan para mustafti. Untuk itu, penelitian ini dilakukan dengan tujuan untuk membahas pengertian moderasi dalam Islam dan bagaimana penerapannya dalam konteks fatwa. Mengingat bahwa Malaysia saat ini sedang berurusan dengan pandemi COVID-19 dan bahwa MKI (Majlis Kebangsaan Bagi Hal Ehwal Ugama Islam Malaysia) telah mengeluarkan beberapa fatwa yang berkaitan hal tersebut. Penelitian ini akan melihat fatwa-fatwa tersebut dan bentuk moderasi yang melekat di dalamnya. Untuk menjelaskan rumusan masalah dan tujuannya, penelitian ini menggunakan pendekatan kualitatif dengan mengumpulkan data terkait dari dokumen primer dan sekunder menggunakan metodologi analisis dokumen Bowen. Data yang diperoleh dari kedua jenis dokumen tersebut dianalisis menggunakan metodologi analisis isi untuk mendapatkan informasi yang berharga dan disusun kembali untuk menghasilkan makna yang dapat dipahami dan dicerna. Temuan menunjukkan bahwa moderasi adalah simbol Islam, dan bahwa salah satu keutamaan Islam adalah moderasi saat menjalankan urusan agama dan mengeluarkan aturan. Dalam fatwa, gagasan moderasi berpusat pada prinsip memfasilitasi umat Islam dalam menjalankan urusan agamanya. Dalam konteks fatwa MKI saat ini, penelitian ini menemukan bahwa lima fatwa yang dikeluarkan berkaitan dengan urusan Islam dalam krisis pandemi COVID-19. Temuan penelitian ini menjelaskan bahwa setiap fatwa memiliki ciri moderasinya sendiri

Healthy lifestyle education from Halal nutraceutical concept

The world is witnessing a return to what is natural, both environmentally and back to fitrah, our innate nature. This does not apply to food, and cosmetic sector only, but also the health and nutraceutical sectors. One of the evidences is the fastest growing sectors in the global personal care market and nutraceutical market as dictated by consumer lifestyle and awareness. This article aims to explore on the healthy lifestyle education contained in nutraceutical concept based on Islamic perspectives. This study used document analysis on primary and secondary documents as methodological approach. This study found that Arab-Islamic medicine or Greco-Arab refers to medicine developed in the Golden Age of the Islamic Civilization. It is extended from Spain in the west to Central Asia and India in the East. ‘Prophetic Medicine’ although popular amongst the masses of Muslims because of its doctrinal and theological contents was considered by most Muslim historians and physicians as distinct from scientific and analytical Islamic Medicine. Medicine of the Prophet is a combination of religious and medical information, providing advice and guidance on the two aims of medicine. First the preservation of health and second the restoration of health based on the Qur’anic guidance and the Prophetic traditions

THREE-DIMENSIONAL (3D) PRINTED FOOD PRODUCTS FROM HALAL FORENSIC PERSPECTIVE: A PRELIMINARY REVIEW

The emergence of three-dimensional printed (3DP) technology in the food industry is one of the possibilities for a source of global halal food supply in the future. Producing individualized nutritional meals, food sustainability, and developing new solutions worldwide are just a few of the benefits of using 3DP. However, there are still issues with 3DP, especially regarding safety issues and all the risks to the consumer that needs to be overcome. Besides, it will safeguard each essential component of food production for commercial purposes and acceptance by the public. The objective of this study is to gather information regarding the potential of 3DP as well as its availability in the halal market. This study revolves around the five main pillars of halal forensics for halal-based products. This qualitative study employs library research as the data collection method. Data were analysed using content analysis method. Based on this study, a new regulatory framework for halal 3DP food products can be suggested through the halal forensics concept. This allows the authenticity of halal 3DP food products to be certified to safeguard consumers when consuming especially the Muslim community

UNDERSTANDING OF SYARIAH PRACTITIONERS IN MALAYSIA ON DOCUMENT FORGERY

Purpose of the study: This article focuses on a few issues namely the most common form of forgery that occurred especially in Syariah Court Islamic judicial institutions (or better known as Syariah courts) in Malaysia and the extent of respondents’ knowledge on the method used in verifying the authenticity of document that meets the Syariah requirement. Methodology: Research information has been obtained through the quantitative method and from respondents consists of 78 lecturers of Syariah law and 103 practitioners who involve directly in the legislation of Syariah Court in Federal Territories (Putrajaya, Kuala Lumpur and Labuan), Selangor and Negeri Sembilan. Main Findings: The result shows that the forms of forgery are changing in accordance with time and facilities. Based on the respondents’ perception, the most common form of document falsification is a forgery of a medical certificate and the least is a forgery of the grant of ownership (property/transportation). Besides, the knowledge of Syariah law practitioners on fraud in a document is at a moderate level. Applications of this study: This study is significant to understand the issue of fraud in documents and eventually suggests the relevant ways to counter the matters in the future. The ability of Islamic judicial institutions to be adaptive for such challenges is essential to reduce the disorderly pile of cases involving fraud, especially in the Syariah courts. Novelty/Originality of this study: The research found that it is crucial for the Syariah law practitioners to raise and upgrade their ability to deal with fraud cases in the document to increase the public confidence towards the Syariah judiciary

REJUVENATING HUMAN CAPITAL IN SYARIAH LEGAL INSTITUTIONS THROUGH FIQH FORENSICS FUNDAMENTAL MODULE: A PRELIMINARY REVIEW

The development of science and technology today has contributed to the advancement of evidence law in the Civil Courts as well as Syariah Courts. The said application of science and technology refers to the scientific evidence produced from the results of analysis done by the expertise in forensic science. Numbers of reported Syariah cases has applied forensic science analysis and test to produce scientific evidence. These cases have portrayed the admission of scientific evidence in Syariah Courts and indicate the readiness of human capital in the Syariah Legal Institutions to apply the scientific evidence. Therefore, this study carry three purposes, to examine the main issues in handling the scientific evidence, to provide suggestion to rejuvenate human capital in Syariah Legal Institutions, and to suggest solution for the issues pointed out throughout the discussion. The result of this study elucidates two main issues that play integral part in handling the scientific evidence, which are the lack of knowledge and adequate experience. In order to overcome these particular issues, rejuvenation on the existing human capital in Syariah Legal Institutions must be done. This study focused on the rejuvenation in the aspect of knowledge and skills of human capital. The said module should contain two mains aspect, theoretical and practical aspect of forensic science. The target of this module is to serve the Syariah officers in the Syariah Legal Institutions as comprehensive guideline and instruction to lead the fundamentals of the forensic science in Syariah Courts into an appropriate platform. In conclusion, this study suggests the development of Fiqh Forensics Fundamental Module to curb the issues of lack of sufficient knowledge and adequate skills in handling scientific evidence

A COMPARATIVE STUDY OF THE ILLEGITIMATE CHILD TERM FROM SHARIAH AND MALAYSIA LEGAL PERSPECTIVE

Purpose of the study: This article focuses on the definition of ‘illegitimate children’ in Muslim society in Malaysia based on its perspective of Shariah law, Islamic family law, civil law in Malaysia, and the existing perception of the Muslim society in Malaysia. This study also aims to compare the legal terms of ' illegitimate children' from various perspectives with the layman definition of illegitimate children. Methodology: Research information has been obtained through the documentary data collection based on report and annual data from the Malaysian government, non-government agencies and relevant turath scriptures to obtain the best definition of “illegitimate child”. Once data have been collected, the data have been analysed using a content analysis method through deductive or inductive reasoning. Main Findings: The result shows that the term ‘illegitimate children’ is based on the opinions of the Muslim Scholars which is the child conceived from adultery act without a legal marriage. However, the definition of illegitimate children is broad and varies among the existing authoritative bodies in Malaysia, which include a child conceived from an adultery act, unregistered because of lack of proper documentation for registration. Applications of this study: The results of this study are expected to assist the authorities especially Malaysian Islamic Development Office - Jabatan Kemajuan Islam Malaysia (JAKIM), National Registration Department (JPN), Ministry of Health Malaysia (MOH), Islamic State Department of Malaysia, Shariah Courts in Malaysia and other agencies and NGOs in formulating strategies and taking follow-up actions. In addition, this study will become a reference to individuals, researchers, academicians, students, and the public in Malaysia. Novelty/Originality of this study: The misunderstanding about the definition of an illegitimate child according to JPN, added by the fact that JPN does not have the jurisdiction at all to determine the validity of the child that is supposed to be placed under the Shariah Court, has triggered an ongoing polemic in the Muslim community in Malaysia, concerning this child status issue

PRODUK MAKANAN UBAH SUAI GENETIK (GMF) DALAM PERSPEKTIF KONSEP HALALAN TOYYIBAN BERDASARKAN PENILAIAN MAQASID HIFZ AN NAFS: GENETICALLY MODIFIED FOOD PRODUCTS (GMF) IN THE CONCEPT OF HALALAN TOYYIBAN PERSPECTIVE BASED ON THE MAQASID HIFZ AN NAFS EVALUATION

Abstract in English: Nowadays, research and production of new food products based on genetic engineering technology are carried out to give benefit to the community. However, the production of food products through this technology has raised concerns in the determination of the legal status and the safety of the food products to be eaten by the consumer. Therefore, this article discusses genetically modified food (GMF) in the concept of halalan toyyiban based on the evaluation of maqasid hifz an nafs. This article uses qualitative design through the documentation study method by comparing and analyzing important information from selected sources such as al-Quran, fiqh books, scientific articles, fatwas, and journals from previous research. The results obtained showed that the GMF products are considered to meet the halalan toyyiban concept if the products follow the six principles in the concept which are halal, healthy, accepted by fitrah, safe, clean, and free from syubhah. This study also found that GMF products can be evaluated through three main maslahah (benefit) in maqasid syariah which is dharuriyyat (necessity), hajiyyat (will), and tahsiniyyat (perfection).   Abstract in Bahasa Malaysia: Pada masa kini, penyelidikan serta penghasilan produk makanan baru yang berasaskan teknologi kejuruteraan genetik dilaksanakan bagi memberi manfaat kepada masyarakat. Namun, penghasilan makanan melalui teknologi ini secara tidak langsung telah menimbulkan kemusykilan dalam penentuan status hukum dan keselamatan produk makanan yang akan dimakan oleh pengguna. Oleh itu, artikel ini membincangkan mengenai produk makanan ubah suai genetik (GMF) dalam konsep halalan toyyiban berlandaskan penilaian maqasid hifz an nafs. Artikel ini menggunakan reka bentuk kualitatif iaitu melalui kaedah kajian dokumentasi dengan membandingkan serta menganalisis maklumat penting daripada sumber yang dipilih seperti kitab suci al-Quran, kitab-kitab fiqh, artikel-artikel ilmiah, fatwa-fatwa serta jurnal dari penyelidikan terdahulu. Hasil kajian yang diperolehi menunjukkan produk GMF dianggap menepati konsep halalan toyyiban sekiranya ia mengikut keenam-enam prinsip konsep tersebut iaitu prinsip halal, berkhasiat, diterima fitrah jiwa sejahtera, selamat, bersih dan bebas syubhah. Kajian ini juga mendapati bahawa produk GMF dapat dinilai melalui tiga maslahah utama dalam maqasid syariah iaitu dharuriyyat (keperluan), hajiyyat(kehendak) dan tahsiniyyat (kesempurnaan)