[Women's Inheritance Rights According to Syarak Law and The Division of Its Division According to The Local Cultur Dynamism] Hak Pusaka Wanita Menurut Hukum Syarak dan Keharusan Pembahagiannya Mengikut Dinamisme Budaya Tempatan

The issue of inheritance is constantly being debated especially pertaining to the 2:1 ratio of division between male and female. This article tends to focus on this inheritance polemic in the perspective of Islamic jurisprudence, either the 2:1 portion of man and woman is a rigid allocation, or there are another kind of apportionment that prioritise woman rather than man. It also discusses wether the inheritance rights might change according to the change of socio-cultural context to the equal division for man and woman as an alternative solution for the issue in Malaysian society. In order to achieve this objectives, the researcher had been pursuing a qualitative research which was focusing in library data collection. Result from the research shows that Shari`ah is just enough in handling this particular issue, in the meantime the Malay culture also manage to balance the portion of distribution 2:1 with an alternative solution called musalahah. The 2:1 division is also not a uniform in nature, even there are some other kind of divisions that prioritise woman over man in their inheritance.   Keywords: Inheritance, Female, Shariah, Gender Inequity, Islamic Law.   Isu hak pusaka wanita sering diperdebatkan terutamanya melibatkan pembahagian dua nisbah satu (2:1) antara lelaki dan wanita. Artikel ini akan memfokuskan kepada polemik pusaka wanita dari perspektif hukum Islam sama ada nisbah lelaki wanita 2:1 bersifat rigid, atau ada peruntukan lain yang melebihkan kaum wanita berbanding lelaki. Artikel ini turut membincangkan sama ada hak tersebut boleh berubah dengan perubahan sosio budaya masyarakat dan berubah menjadi hak yang sama rata antara lelaki dan wanita serta penyelesaian alternatif kepada isu tersebut dalam konteks masyarakat Islam di Malaysia. Bagi mencapai objektif tersebut, pengkaji telah menjalankan kajian berbentuk kualitatif melalui proses pengumpulan data yang lebih memfokuskan kepada metode kepustakaan dan dianalisis secara diskriptif. Hasil kajian mendapati syariat Islam bersifat adil, dan budaya masyarakat Melayu mampu mengimbangi kadar pembahagian 2:1 dengan penyelesaian alternatif melalui kaedah muafakat (musalahah) dan kadar 2:1 juga tidak bersifat menyeluruh, malah ada kadar yang melebihkan wanita berbanding lelaki.   Kata kunci: Harta Pusaka, Wanita, Syariat, Ketidakadilan Gender, Hukum Isla

Module development of halal consumerism education in Malaysia: a proposal

Halal consumer education is growing in Malaysian context. It is driven by greater awareness among the various parties. Various programmes are offered such as awareness courses, professional courses, diploma, and degree. These include the government and private sectors. This study focuses on the proposed development of the halal consumerism education short-term module. It encompasses three levels, i.e. preliminary, intermediate, and advanced. This course is targeted at consumer groups, industry, and the halal authority. Hence, with the offering of halal consumer education programmes, it can contribute to the understanding and awareness of halal to the halal industry players whether consumers, entrepreneurs of halal industry, or the authoritative party

Underlying the Dimension of Knowledge Factors in Purchasing Halal Product Among Muslim Consumers

This paper aims to investigate the dimension of knowledge factors of Muslim society’s purchase intention towards Halal products. Knowledge and religious belief are used as the independent variable while consumers’ factor intention is the dependent one. A quantitative study in this research utilizes a purposive sampling method that will generate answers from 400 respondents. These respondents are the Muslim consumers of the Micro Small Medium Enterprise (MSME) industry. The study is designed using a quantitative method which is Exploratory Factor Analysis (EFA). It is employed for data analysis to determine the number of knowledge factors or components of Muslim consumers in purchasing Halal product in Majalengka, Indonesia. From the exploratory factor analysis, the finding identifies three dimension  of knowledge factors of Muslim consumers in purchasing Halal product

GELATIN IN HALAL PHARMACEUTICAL PRODUCTS

Concomitantly, with the increase of the Muslim population in the world, halal awareness has been on the rise. A lot of halalindustries have emerged nowadays, and among them are halal pharmaceuticals. However, with the advancement of technology, gelatin-based products have been widely developed and are being used in the pharmaceutical industry. Its halal status can thus be questionable (mashbooh). This paper aims to study the Islamic perspective on gelatin-based products in pharmaceuticals. The study uses a qualitative method which involves literature review from al-Quran, as-Sunnah, articles in journals, and other references from the internet that can be trusted as credible data sources. In addition, the methodology of this study includes researching the istihalah method and fatwa in Malaysia to determine the halal status of gelatin in pharmaceutical products. This paper also focuses on the Malaysian Standard of Halal Pharmaceuticals-General Requirements (MS 2424:2019) and the Malaysian Halal Certification Procedure Manual- Domestic 2020 (MPPHM 2020). The findings of this study show that gelatin mostly originate from animal sources. Therefore, its halal status can be questionable even if it comes from permitted animals such as cows or chickens. This is because the animals are only considered halal if they are slaughtered according to the precepts of Islamic law. In order to address such religious concerns, there have been a lot of research on the alternatives to animal gelatin such as from marine sources and plant-based sources. From the Islamic perspective, the use of gelatin from marine sources and animals that have been slaughtered according to Islamic rules is halal. However, gelatin which are sourced from pork and its derivatives are still haram after going the process of istihalah because its chemical substances remain the same and unchanged even after istihalah. Nevertheless, during an emergency, it may be permissible to consume medication containing pork gelatin if there is no replacement or alternative for pork gelatin even if it is from haram sources

MANAGING THE HALAL FOOD RELATED ISSUES IN THE HALAL FOOD CERTIFICATION PROCESS BASED ON THE CONCEPT OF SADD AL-DHARAI'

Background and Purpose: Sadd al-dharai' is a secondary source in Islamic law where it means blocking the means. Sadd al-dharai' is essential for Muslim jurists to deal with the Shariah issues particularly in the halal food industry. This is because the area of the halal food industry has expanded and industrialized to accommodate the demand of the Muslim society that keeps increasing year on year. In this regard, the halal-related issues are getting complex and need Shariah clarification since many new food processing involving critical ingredients, equipment, and multi-process which require meticulous Shariah observation on this matter. Therefore, this study aims to investigate the extent to which the employment of the sadd al-dharai' as a credible tool adopted by Muslim jurist in dealing with the halal-related issues triggered in the halal food supply chain stage based on the halal certification process.   Methodology: This reviewed paper is a qualitative research study in nature where document analysis employed in this study to collect the data.  The Malaysian fatwas, books, articles either in the form of physical or online were gathered to answer the objective of the study. The data collected mostly from the years of 2010 until 2020 unless the related fatwas where the fatwas are subject to its issuance year and suitability. The  researchers  used  several keywords  alternatively like  ‘sadd al-dharai' in halal industry’, ‘fatwa and halal certification’, ‘food industry and Islamic law’ to find out relevant articles related to this discussion on the needs to investigate the employment of sadd al-dharai' in  dealing with the halal-related issues triggered in the halal food supply chain stage based on the halal certification process.  This study further simultaneously adopted the content analysis technique where the data was manually analysed and divided into four major themes based on the objective of the study.     Findings: The study has indicated that sadd al-dharai' has its peculiar function in many aspects of the Malaysia halal certification process in Malaysia, and it could be viewed based on the two approaches, namely the establishment of the halal regulatory framework and the fatwa issuance. The principle of preventing the negative aspects must take precedence, in accordance with the rule “dar’u al mafasid muqaddam ‘ala jalb al-mashalih”  by adopting several preventive actions is very significant in ensuring the halal food products reach the consumers are halalan tayyibban.   Contributions:  This study suggests that the Muslim jurists need to take into consideration the sadd al-dharai‘ as one of the sources of Shariah in ensuring the management of the halal certification process is efficient and in line with maqasid al-Shariah. Besides, Muslim consumers could also access halal food products that are free from harmful elements.   Keywords: Halal certification, halal food, sadd al-dharai', food safety, food ingredients.   Cite as: Ruzulan, Z., Mana, B., Tumiran, M. A., & Jamaludin, M. A. (2023). Managing the halal food related issues in the halal food certification process based on the concept of sadd al-dharai'. Journal of Nusantara Studies, 8(1), 429-445. http://dx.doi.org/10.24200/jonus.vol8iss1pp429-44

Fiqh istihalah: integration of science and Islamic law

Modern developments in information technology have helped the expansion of knowledge, and shaped various aspects of contemporary life, including art, architecture, engineering, agriculture and the food industry. This paper discusses the role of modern technology in the food industry, with emphasis on the activities of enhancing, redesigning and upgrading the quality of the food. It analyses the use of technology in determining the permissibility of certain foods in compliance with the Islamic concept of halal; and it examines the concept of fiqh istihalah and its applications in the food industry, focusing on issues relating to the use of alcohol and gelatine ingredients in food products