Kontrak e-dagang: perbandingan aqad (kontrak) dalam muamalah Islam

Secara umumnya aktiviti jual beli secara e-dagang merupakan suatu instrumen jual beli yang sangat diperlukan oleh masyarakat zaman globalisasi kini. Ini kerana jual beli edagang lebih kepada menginterpretasikan jual beli dalam bentuk yang lebih moden dan kompleks. Pengiktirafan undang-undang di Malaysia tentang keesahan mesej elektonik dalam urusan perdagangan dan keusahawanan bagi memenuhi tuntutan undang-undang dan untuk memudahkan urusniaga perdagangan melalui penggunaan media elektronik telah diperuntukkan di bawah seksyen 6 Akta Perdagangan Elektronik 2006. Justeru itu, artikel ini akan membincangkan teori caqad (kontrak) dalam muamalah Islam dan konvensional. Perbincangan akan difokuskan kepada konsep kontrak yang diamalkan dalam transaksi jual beli e-dagang dan caqad jual beli dalam transaksi muamalah Islam dengan membuat kajian perbandingan antara kedua-duanya. Penilaian secara kritis terhadap keseluruhan elemen dalam kontrak e-dagang akan dilakukan bagi memastikan sama ada ia bertepatan atau tidak dengan kontrak yang dikehendaki oleh syarak. Justeru itu diharapkan artikel ini akan memberi keyakinan kepada umat Islam tentang kepentingan jual beli transaksi muamalah semasa melalui kontrak e-dagang dalam usaha mempertingkatkan lagi perkembangan muamalah Islam di Malaysia

An analysis on the wasiyyah muslim property in Malaysia

When a person dies, all assets under his name will be frozen and cannot be transacted. The consequences are that, from legal perspective, the deceased assets can only be transacted when his personal representative applies to a letter of representation from the Civil High Court. In Malaysia, a person may die testate or intestate. The former means that the person who died leaving a will and the latter means that the person who died without leaving any testamentary document resulted to the operation of law of intestacy to Non-Muslim and law of Faraid to the Muslim. This article will deliberate on the current law Muslim testate succession in Malaysia. This article adopts the doctrinal analysis by examining the existing primary and secondary materials gathered from multiple sources including statutory, and case law. This article concludes that there is still lacuna in the law regarding Muslim testate estate. This article acknowledges that the law relating to inheritance in Malaysia is divided into two namely substantive law according to the religion of deceased and procedural law which under the purview of federal statutes. If the Syariah High Court is serious to regulate the Muslim testate matters, each and every state legislature in West Malaysia must legislate a written law on Muslim testate succession

The detrimental crime of abortion: A comparative study between Malaysian law and common law

Although procreation is considered as the most important function of marriage, millions of women use some means of contraception and even resort to abortion. Medical reasons constitute only a small proportion of the actual number of cases and the rest being for social and other reasons. Islam places great value on human life. Any attempt to take it away in any stages is a heinous crime. This research will discuss the different viewpoints of Islamic jurists regarding the legal position of abortion and its punishment under Islamic criminal law. Besides that, this research will also make a comparison with Malaysian and common laws. As a result, the writer found out that abortion should be prohibited as it is a crime against human being and it can only be allowed where the fully trained medical doctor view that the continuance of the pregnancy will endanger the life of the mother

The detrimental crime of abortion: A comparative study between Malaysian law and common law

Although procreation is considered as the most important function of marriage, millions of women use some means of contraception and even resort to abortion. Medical reasons constitute only a small proportion of the actual number of cases and the rest being for social and other reasons. Islam places great value on human life. Any attempt to take it away in any stages is a heinous crime. This research will discuss the different viewpoints of Islamic jurists regarding the legal position of abortion and its punishment under Islamic criminal law. Besides that, this research will also make a comparison with Malaysian and common laws. As a result, the writer found out that abortion should be prohibited as it is a crime against human being and it can only be allowed where the fully trained medical doctor view that the continuance of the pregnancy will endanger the life of the mother

Portable mud remover

Basically, the only way to remove mud is by using shovel. The process of removing mud usually need us to shovel out the mud, put it into buckets and carry it outside and by using a garden sprayer or hose to wash away mud from hard surfaces [1]. This is because there are no specific tools or products to remove the mud in our industries. In that case, our group had come up with an idea to design a “Portable Mud Remover” which is inspired from a lawnmower and vacuum as shown in Figure 10.1. The idea of using concept of lawnmower is because to make is the product is portable and easy to handling. The smallest types of lawnmower are pushed by a human user and are suitable for small space. The problem occurs for the pool vacuum is that the product is not suitable to suck the mud because it is not designed for a heavy duty work

Boundary layer flow near a stagnation point on a permeable vertical surface immersed in a nanofluid

A steady mixed convection boundary layer flow near a stagnation point on a permeable vertical surface immersed in a nanofluid is investigated. The velocity of the external flow is assumed to vary linearly with the distance from the stagnation-point. The governing partial differential equations are first transformed into ordinary differential equations, before being solved numerically using the Keller box method with the help of MATLAB software. The effects of physical parameters such as the suction/injection parameter, Brownian motion parameter, thermophoresis parameter and Lewis number on the heat and mass transfer rate at the surface as well as the temperature and concentration profiles are analyzed and discussed. Both assisting and opposing flows are considered. It is found that, increasing the thermophoresis parameter, Brownian motion parameter and Lewis number are to decrease the heat transfer rate at the surface, but on the other hand increase the mass transfer rate at the surface for both assisting and opposing flows. In addition, increasing suction parameter tends to increase the heat transfer rate at the surface. However, the opposite behavior occurs for the effect of mass transfer rate at the surface

Customers’ Satisfaction Towards 99Speedmart based on Product Quality and Service Quality in Bangsar, Kuala Lumpur

Convenience stores have been providing basic needs for their customers and have become one of the customer’s pleasure to come to shop the essential needs for the household. This study focuses on the customer’s satisfaction towards 99Speedmart by looking into two variables, which are Service Quality (SERVQUAL) and product quality. These two variables are vital to any business as it would affect its loyal customers if any of these did not meet their expectations. A survey was conducted by distributing the adapted questionnaire to 238 respondents that comprise three sections. The data was analysed quantitatively by using SPSS SPSS. It was found that many respondents showed positive results towards 99Speedmart which they are partly agreed that 99Speedmart provides good quality products and services

Estimate of Small Stiffness and Damping Ratio in Residual Soil Using Spectral Analysis of Surface Wave Method

Research in the important parameters for modeling the dynamic behavior of soils has led to rapid development of the small strain stiffness and damping ratio for use in the seismic method. It is because, the experimental determination of the damping ratio is problematic, especially for hard soils sample. Many researchers have proved that the surface wave method is a reliable tool to determine shear wave velocity and damping ratio profiles at a site with very small strains level. Surface wave methods based on Rayleigh waves propagation and the resulting attenuation curve can become erroneous when higher modes contribute to the soil’s response. In this study, two approaches has been used to determine the shear strain amplitude and damping ratio of residual soils at small strain level using Spectral Analysis of Surface Wave (SASW) method. One is to derive shear strain amplitude from the frequency-response curve and the other is to derive damping ratio from travel-time data. Then, the results are compared to the conventional method

Estimate of Small Stiffness and Damping Ratio in Residual Soil Using Spectral Analysis of Surface Wave Method

Research in the important parameters for modeling the dynamic behavior of soils has led to rapid development of the small strain stiffness and damping ratio for use in the seismic method. It is because, the experimental determination of the damping ratio is problematic, especially for hard soils sample. Many researchers have proved that the surface wave method is a reliable tool to determine shear wave velocity and damping ratio profiles at a site with very small strains level. Surface wave methods based on Rayleigh waves propagation and the resulting attenuation curve can become erroneous when higher modes contribute to the soil’s response. In this study, two approaches has been used to determine the shear strain amplitude and damping ratio of residual soils at small strain level using Spectral Analysis of Surface Wave (SASW) method. One is to derive shear strain amplitude from the frequency-response curve and the other is to derive damping ratio from travel-time data. Then, the results are compared to the conventional method