Necessity (darura) in Islamic Law: A study with special reference to the Harm Reduction Programme in Malaysia

This study serves two aims, to shed light on the rule of darura in Islamic law and to examine the justification for the Harm Reduction Programme in Malaysia using the said rule. In an attempt to fathom the real understanding of this rule, I have employed two methods: a critical approach to the darura theoretical discussions and an analysis of darura cases presented in fiqhi treatises. The study demonstrates that the usuliyun have formulated a narrow scope of darura theory although the applications of the rule in fiqhi treatises suggest other ways in which the principle can be applied. The jurists tend to apply the rule in a much wider sense in the various fiqhi works, either in true and factual cases or in hypothetical ones. This research also finds that the modern jurists have expanded the application not only to protect the necessity of an individual person but to protect the necessity of the public at large. It can also be suggested that the rule of darura has provided measures derogating obligations; however, this must only be to the extent required by the exigencies of the situation. A rigorous understanding of this rule is crucial for the field of Islamic law in order to avoid any possible abuse. Based on the above understanding of darura, this study finally investigates whether darura can justify the Harm Reduction Programme in Malaysia. This programme has been promulgated to reduce HIV/AIDS cases by providing drug users with methadone, syringes and needles. The programme was assessed thoroughly using the legal requirements and preconditions of darura. Having examined the philosophy, its modus operandi and jurists' attitude towards drugs, the study concludes that this programme is justified from a shari`a perspective on the basis of necessity. However, strict precautions and regulations need to be continuously employed throughout this controlled programme to avoid any abuse which might impair its legality. The research also aims to enhance the public's understanding of the rule of darura and to improve the collaboration between Malaysian government and religious groups in minimising HIV/AIDS and drug cases in Malaysia

KAJIAN URUF SEBAGAI JUSTIFIKASI PENERIMAAN DALAM TANAH ADAT- SATU ANALISA FIQH

Islam telah menetapkan kaedah tertentu dalam pembahagian harta warisan termasuklah tanah adat. Dalam pada itu, budaya setempat mempunyai kaedah tersendiri dalam isu pemberian tanah adat yang berbeza dengan kaedah faraid. Kajian ini akan mengkaji sejauh mana budaya setempat atau uruf ini boleh diterima pakai dalam isu pembahagian tanah adat khususnya di Negeri Sembilan. Dalam masa yang sama, kajian ini akan membincangkan syarat-syarat penerimaan uruf dalam pemberian harta pusaka berdasarkan nas al-Quran, Hadis dan pandangan ulama fikah serta dapatan temuramah. Kajian ini merupakan kajian kualitatif deskriptif yang menggunapakai kaedah analisa dokumen dan temubual berstruktur separa. Hasil kajian ini merumuskan bahawa perwarisan tanah adat adalah suatu praktis yang telah diamalkan sejak zaman berzaman di Negeri Sembilan mengikut adat Minangkabau tetapi perlu diselarikan dengan hukum syarak. Selain itu, pemberian tanah adat ini tidak bersifat mutlak, tetapi berdasarkan konsep pemegang amanah yang menyatakan bahawa wanita menjaga amanah tanah adat suku masing-masing. Kajian ini sangat signifikan dalam menyelesaikan isu pewarisan tanah adat untuk menentukan sama ada praktis pemberian tanah adat adalah bertepatan atau bersalahan dengan hukum syarak

The use of ceramic product derived from non-halal animal bone: is it permissible from the perspective of Islamic law?

A ceramic product derived from the bones of non-halal animal has become an issue for Muslims in terms of its status whether it is halal or haram. The status can be determined by scrutinizing the transformation process or namely as istiḥālah either a complete change (istiḥālah kāmilah) or an incomplete change (istiḥālah ghayr kāmilah). This research used the qualitative research method via the approach of document analysis to examine various opinions of classical and current Islamic jurists on the status of using ceramic products derived from the bones of non halal animal according to the Islamic law. The research discovers an alternative method of processing ceramic products from animal bones through istiḥālah. It is a transformation of filthy or haram materials into other materials which includes physical appearance and its properties such as odor, taste and color

The contribution of Yusuf Qaradawi to the development of Fiqh

This paper analyses the contribution of a preeminent Muslim scholar, Yusuf Qaradawi to the religion, especially in the area of fiqh. His active role in disseminating the knowledge of fiqh began when he was 17 years old. His major works include The Lawful and Prohibited in Islam, Fiqh al-Zakat and Fiqh of Minority have greatly contributed to the progress of contemporary fiqh, putting him as one of the most influential Muslims in the world. He received many critical reviews over the years. Therefore, this paper analyses some of his fiqh works vis-à-vis the analytical reviews he received. It can be concluded that Qaradawi has made a considerable effort to exercise ijtihad corresponding to the current problems that is beneficial to Muslims worldwide. At the same time, he has called for a renewal in ijtihad process and an abandonment of religious extremism, a religious neglect and blind imitation in legal rulings

Necessity (darura) in Islamic law : a study with special reference to the Harm Reduction Programme in Malaysia

This study serves two aims, to shed light on the rule of darura in Islamic law and to examine the justification for the Harm Reduction Programme in Malaysia using the said rule. In an attempt to fathom the real understanding of this rule, I have employed two methods: a critical approach to the darura theoretical discussions and an analysis of darura cases presented in fiqhi treatises. The study demonstrates that the usuliyun have formulated a narrow scope of darura theory although the applications of the rule in fiqhi treatises suggest other ways in which the principle can be applied. The jurists tend to apply the rule in a much wider sense in the various fiqhi works, either in true and factual cases or in hypothetical ones. This research also finds that the modern jurists have expanded the application not only to protect the necessity of an individual person but to protect the necessity of the public at large. It can also be suggested that the rule of darura has provided measures derogating obligations; however, this must only be to the extent required by the exigencies of the situation. A rigorous understanding of this rule is crucial for the field of Islamic law in order to avoid any possible abuse. Based on the above understanding of darura, this study finally investigates whether darura can justify the Harm Reduction Programme in Malaysia. This programme has been promulgated to reduce HIV/AIDS cases by providing drug users with methadone, syringes and needles. The programme was assessed thoroughly using the legal requirements and preconditions of darura. Having examined the philosophy, its modus operandi and jurists' attitude towards drugs, the study concludes that this programme is justified from a shari`a perspective on the basis of necessity. However, strict precautions and regulations need to be continuously employed throughout this controlled programme to avoid any abuse which might impair its legality. The research also aims to enhance the public's understanding of the rule of darura and to improve the collaboration between Malaysian government and religious groups in minimising HIV/AIDS and drug cases in Malaysia.EThOS - Electronic Theses Online ServiceGBUnited Kingdo

Maqasid Shariah-based governance framework for halal industry in Malaysia

Shariah governance is an important component in Halal industry. Appropriate mechanism should be established to ensure Halal certified company complies with Shariah principles. Unlike Islamic finance, Halal industry is less regulated and there is no dedicated control body to regulate Halal industry. Halal certification is not compulsory and even Halal certificate holding company sometimes does not have a clear Shariah governance. The establishment of a robust Shariah governance framework for Halal industry is important to gain public and shareholders’ confidence and trust. Thus, this study investigates the structure of Halal governance in the current JAKIM’s requirement and will propose a Maqasid Shariah based governance framework for Halal industry in Malaysia. Related documents and experts’ views were analysed in this study

Towards solving baby dumping in Malaysia by using an alternative: baby hatch

Baby dumping has become a serious phenomenon in Malaysia. The fact that newborn babies are dumped at the most inappropriate places such as toilets and junkyards is such a heinous crime. Despite various steps taken by the government and the society at large, the statistics of baby dumping is escalating. This should not happen in a country which upholds an image of a Muslim nation. This research will not only discuss the literature review with regards to the issue of baby dumping in Malaysia, but shall also provide an overview of an alternative solution to curb this problem which is known as the baby hatch. Opinions from the NGO (such as OrphanCARE Foundation) and the judiciary are referred to in order to find the best possible method to overcome baby dumping in Malaysia. This is an alternative to the legal procedure which falls under the Penal Code and other related Acts. Comparisons are needed to seek the best possible way for a solution of baby dumping and to understand the perceptions of the particularly well-informed segment of society on this alternative solution to baby dumping - baby hatch

Towards solving baby dumping issue in Malaysia by using the alternative way: baby hatch

Baby dumping issue has become a serious phenomenon in Malaysia. The fact that newborn babies being dump to die at the most inappropriate places such as toilet or junkyard is such a heinous crime. Despite various steps taken by governments and societies, the statistic of baby dumping is escalating in Malaysia. This should not be happening in our country to uphold our image as a Muslim nation. This research, not only will discuss the literature review with regards to the issue of baby dumping in Malaysia, but also shedding some overview of the alternative way of curbing this problem which is known as baby hatch. Opinions from the NGO (such as OrphanCare Foundation) and judiciary are referred to, in order to find the best possible method to overcome this baby dumping issue in Malaysia. This is as an alternative to the legal procedure which falls under Penal Code and other related Acts. The comparisons are needed in order to seek the best possible way of the solution of the baby dumping in Malaysia and to find the perception of the public on the alternative way of the solution of baby dumping, i.e. baby hatch

The non-governmental organisation and financial institution: the Malaysian law perspective

The function of non-governmental organisation (NGO) could be beneficial to the societies especially when it involved the needy. To operate actively and meeting their establishment objectives, monetary supports from financial institutions is very much needed. The financial assistance given especially in forms of cash donations is commonly protected under the laws. The paper explored the roles played by the laws in order to motivate the financial institution (FI) to provide monetary support to NGO. In specific the paper focus on the Malaysian legislative point of view only which includes the definitions and its relevant acts. The findings would list the associated acts and reveals the term "societies" to be linked with NGO