Perkembangan undang-undang Islam di Kedah

Undang-undang adalah suatu yang hidup sejajar dengan perkembangan hidup manusia. Tulisan ini menelusuri perkembangan undang-undang Islam di negeri Kedah. Ia bermula sejak kemasukan Islam, zaman penjajahan dan seterusnya menjelang abad ke 21

Cabaran Ulama Borneo dalam penyebaran agama Islam di Sarawak (Challenges faced by Bornean Muslim missionaries in preaching Islam in Sarawak)

Islam is a preaching religion. With this awareness, many Muslims compete in conveying this good news to their friends, particularly to those who are not Muslims yet. Ulamas or Islamic scholars, as preachers and consultants on religious matters, play an important role in spreading Islam. Since the arrival of Islam in Sarawak, the function and role of Ulamas as conveyers of religion are still important. Sarawak is a state where most of its inhabitants are from various ethnic groups and religions. Until now, Islam is not the official religion of the state. A relatively large part of the state’s population is Christians and other religion other than Islam. In the spread of Islam in Sarawak, the Ulamas face various problems. Some of these problems will be discussed in this article

An analysis on the issues of the rights of spouses in the Islamic family law in Malaysia

This paper intends to analyze problems regarding mutual rights of Muslims married couple in Malaysia.It has drawn the attention of many researchers to carry out studies on this issue since there have been accusations and complaints on the implementation of the Islamic Family Law (IFL) by the Syariah Court, which is said to have discriminated the wife/women of their rights.The qualitative approach research employed interviews and content analysis as method of study on the Islamic Family Law as well as on the documented cases.The results of the research showed that among the most disputable cases were matters related to polygamy, fasakh, jointly acquired property and children custodian.Conversely, all data were analyzed by using the qualitative data analysis, concluded that the Islamic Family Law in Malaysia has infact implemented the concept of equality

Hak suami isteri dalam perkahwinan Islam: Analisis menurut fiqh

Rights is an issue commonly surfaced in family relationships.It happens all the way through a marriage or after a divorce.This arises because a marriage is a contract(akad) between the husband and wife.Rights and responsibilities would arise through this marriage contract.A neglect for these rights and responsibilities would result in marriage crisis which often lead to divorce.Hence, this article aims at discussing the rights as stated in the Islamic marriage.Lenghty discussions on the rights of husband-wife are available in Islamic books on fiqh.The husband-wife rights is divided into two parts; first, rights in monetary forms, and second, rights in non-monetary forms.Islam has clearly prescribed the husband-wife rights and responsibilities in its attempt to preserve the household serenity

Konsep dan amalan hukum nasab di Malaysia

Artikel ini membincangkan tentang amalan nasab di dalam perundangan Islam serta aplikasinya di Malaysia. Nasab adalah suatu syariat lslam untuk memuliakan umatnya terutamanya dalam penentuan dan kesahihan asal keturunan seseorang. Persoalan untuk penentuan nasab adalah mudah jika perkahwinan dilakukan mengikut lunas-lunas syariat. Sebaliknya,menjadi suatu yang rumit jika kelahiran seseorang anak itu melalui perkahwinan yang fasid, syubhah atau kelahiran tanpa melalui pernikahan yang sah disisi syarak. Antaranya kelahiran zuriat hasil perzinaan, khalwat, rogol, sumbang mahram, pergaulan bebas dan sebagainya. Justeru itu, artikel ini cuba menjelaskan kenapa soal nasab dititikberatkan oleh Islam. Ini kerana pertalian darah akan menentukan hukum syariat lain antaranya ialah mahram, aurat, wali, harta pusaka dan sebagainya. Sehubungan itu, artikel ini cuba mendedahkan bahawa selain keperluan fizikal seperti makan, minum, pakaian dan tempat tinggal mahupun keperluan spiritual seperti ilmu, agama, kasih sayang dan sebagainya. Keperluan nasab bagi seseorang anak itu juga adalah menjadi kawajipan dan keperluan untuknya bagi menjalani kehidupan yang sempurna di dunia ini dan di akhirat

Adolescent pregnancy: Factors and solution in Islamic perspective

Adolescent pregnancy and abortion are among the social problems faced by adolescents nowadays. Illegal abortion is a grievous sin and Islam has the wisdom to overcome the complexity of the issue.This study explores the problems of adolescent pregnancy and the solutions provided by the Islamic law.Six female adolescent and two senior officials from the Mufti Department and the National Registration Department (JPN) were interviewed respectively.Respondents were chosen based on purposive and chain/snowball technique. The results showed that family problems, poverty, divorce and excessive freedom are factors contributing to adolescent pregnancy and abortion. The study also found that there are rules in Malaysia that governs the matters of illegitimate child.This shows that Islam has ways to address the issues of teenage pregnancy, abortion and illegitimate child

Illegitimate child in Malaysia

Until now little is known about the exact number of illegitimate child in Malaysia.Following the growing number of illegitimate child in Malaysia in recent years, research on illegitimate child has become the focus of extensive concern, and the discussion of illegitimate child has been considered necessary.Illegitimate child is related to problems such as inheritance, guardianship in marriage, the question of incest, and many others related to Islamic family law. The National Fatwa Council holds the opinion that only a child born after six months from the date of marriage can be considered legitimate.This paper discusses the main categories of illegitimate child according to Islamic law.Two informants related to lineage law in Malaysia have been interviewed.Data for this study are gathered through unstructured interviews.Results show that there are three categories of illegitimate child according to the Islamic law in Malaysia, namely a child born as a result of rape, a child born from pregnancy did not reach 6 months, as well as a child born from a pregnancy before marriage

The law of nasab in Islam

Nasab (lineage) is emphasized heavily in the Islamic Law since it determines the purity of genealogy.Preserving the sanctity of family lineage is one of the objectives of the Islamic Law. Children that are brought into this world and the formation of family must follow the rules ascribed by the Syariah.This paper intends to explore the discussions of Islamic fiqh (jurisprudence) and the recent views on the law of lineage that are adhered to by the Muslims community in Malaysia.In order to achieve the objectives, two principal informants were interviewed. Data was gathered using unstructured interviews and was analyzed quantitatively.The results showed that even though there are specific fatwas and several views from eminent scholars regarding the law of nasab, Muslim Malays strongly adhere to National Fatwa Council which stated that every child that is born after six months from the date of a marriage can be line aged (nasab) to his or her mother’s husband.Other fatwas and views which allow the nasab on the biological father of a child that is born after six month after it was conceived are rejected by the majority of Malays Muslim Scholars.Next, this paper will then focus on the status of illegitimate child according to the provisions under the law of nasab.The writings of this paper also will be based on the reference of several writings of the Islamic fiqh which eventually concluded the selected views adhered by the Muslim community in Malaysia