Fakulti Syariah dan Undang-Undang

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Fakulti Syariah dan Undang-Undang

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    The Position of Illicit Sexual Relation in Islamic and Malaysian Laws
    (Kolej Universiti Islam Malaysia, 2003) Syaiful Hizat Bin Ab Rahman
    This academic project attempts to examine the nature of the illicit sexual intercourse and the basis of the illicit sexual prohibition Then, this academic project also will show whether the offender of illicit sex should be punished, and to identify the differences and similarities between the Islamic and Malaysian laws with regard to the illicit sex. Today, even though there are some laws legislated by the government, illicit sexual relation is still becoming one of the most critical problems in our country. This paper consists of three chapters. In the first chapter, it talks about the position of illicit sex in Islamic law, which includes the meaning of illicit sexual relation, the prohibition of illicit sexual activities, and also the punishment of illicit sexual offenses. The second chapter discusses about the position of illicit sexual relation in Malaysian Law, which also includes the meaning of illicit sexual relation, the prohibition of illicit sexual activities, the related offenses and the punishment of illicit sexual offenses. The third chapter compares the Islamic with the Malaysian laws regarding to the illicit sexual offenses, which includes the similarities and the differences, focusing on the meaning of illicit sexual problem, the sources of prohibition, the related offenses in illicit sexual problem and also the punishment for the illicit sexual offenses. In order to finish the research, the process of documentation and research methodology in the form of library research and literature review have been adapted. Through this research the writer found that the Malaysian law is not sufficient to solve an illicit sexual problem because the provided punishment for illicit sexual offenses is too light compared with the prescribed punishment in Islamic law.
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    دور الشئون الدينية الإسلامية بماليزيا ( JAKIM ) في معالجة قضية الردة ومدى نجاحها
    (Universiti Sains Islam Malaysia, 2003) Azima bt Dzukifli ; عزيما بنت ذالكفل
    Murtad is a criminal that is blamed by Allah S.W.T because it is an insults action to Islam. This research explained the definitions and rules of the murtad, which is referred to Feqah books and Islamic Scholars view. Although the murtad cases in Malaysia are not exposed to the public but after observation at JPN there are recorded that numbers of Muslims applied to change their religions. This research also explained the roles of JAKIM to solve the cases particularly in Malaysia. Lastly, this research enclosed with the examples of the murtad cases and the jurisdiction of the Syariah Court to hear this cases.
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    المعاملات الإسلامية في البنوك الربوية دراسة في ماى بنك
    (Universiti Sains Islam Malaysia, 2003) Haryati Che Mat ; حرياتي جيء مت
    This research is about " Muamalat Islamiah di bank ribawiah satu kajian di Maybank." The writer divided the research into three main chapters its includes " Pengenalan sistem perbankan islam di Maybank." Actually, this research fully based on the library research and interview. The motive of this research is to understand clearly about " Sistem Perbankan Islam satu pendekatan baru di Maybank." The scope about Islamic financing system many kind of Islam. The main principles of Islamic accordance with '' akidah, syarak and akhlak." This research the emergence of interest- free financial institutions especially in "wadiah, mudharabah, murabahah and bai' bithamin a'jil."
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    زكاة النقدين والعروض التجارية:دراسة مقارنة بين المذاهب الأربعة
    (Kolej Universiti Islam Malaysia, 2003) Siti 'Aishah Bt Mamat ; سيتي عيشه بنت مامت
    Through this project paper, exactly explained about Religious Pay Tax (Zakat) Concept, according to al- Quran and Hadith and also the View of Muslim Scholars in the past. As we know, the Zakat is the Fourth level of Islamic Divine (Rukun Islam) after covert al-Shalradah, pray five times a day and Fasting during Ramadhan, it was an obligatory to the past Unznzah until now. It also explained about the contrary between Ulama' such as Ulama' Syafi'e, Hanafi, Maliki and Harlbali about two kinds of Zakat, Zakat Gold and Silver (Zakat an-Naqdaini) and also Zakat Business Good in the way of the conditions, the obligatory, the commensurate and so on. This research also investigates about, is it important to pay this tax.
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    أحكم الطهاره الخاصة بالمرأة مع الدراسة الميدانية في المدارس الابتداءية في منطقة أمفغ
    (Kolej Universiti Islam Malaysia, 2003) Sharifah Bt Fadzil @ Abdul Hadi ; شريفة بنت فاضل @ عبد الهادي
    This research introduced to the Faculty of Syariah and Judiciary for the purpose of graduation according to the regulation of Islamic University College of Malaysia (KUIM). This research consist of two parts, the first is theoretical which based on information acquired meanly from the library. Around to topic. The second part is practical which based on field study such as questionnaires and interviews within primary schools in the area of Ampang. The most results of the study: a) There is a lack of information regard the topic among the student. b) The facilities used to convey the information are not sufficient. c) The parents should play more efficient role in regards to education of they children in terms of this subject. d) The outlined introduce by the Ministry is almost sufficient meanwhile the time and way of teaching should be revised.
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    The Position of Illegitimate Child under Islamic Law and Civil Law
    (Universiti Sains Islam Malaysia, 2003) Hanisah Binti Md. Shofi
    This academic project will focus on the position of the illegitimate child under Islamic Law and Civil Law. Subsequently, this research will be strengthening and supporting by the Holy Quran, Hadith, the opinion of the different School of thought and legal sources. The library research, reviewing relevant document, interview and internet were the tools employed for data gathering purposes. The finding indicate that the illegitimate child has a certain positions in Islamic Law and Civil Law such as the position in the parenting, maintenance and custody, marriage and position in the inheritance of the illegitimate child. Other legal positions that also will be viewed in this research are leading the prayer, giving testimony and funeral prayer of the illegitimate child.
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    نظام الرهن في بنك رعية
    (Kolej Universiti Islam Malaysia, 2003) Nur Haslina @ Salwati Bt Muhammad @ 'Abd al-Wahab ; نور حسلينا @ سلواتي بنت محمد @ عبد الوهاب
    This research about Ar-Rahnu system at Bank Rakyat. It is divided three main chapters. In the first chapter about concept of Ar-Rahnu that includes definition of Ar-Rahnu, commanded of Ar-Rahnu, conditions of Ar-Rahnu, sentence of Ar-Rahnu, knowledge of Ar-Rahnu and issues of Ar-Rahnu that involve of pawn. In second chapter also, story about history of Bank Rakyat, background of Bank Rakyat and motive that why constructive of Bank Rakyat. While in third chapter discuss about Ar-Rahnu system at Bank Rakyat, the objective, the problems, time of pawn and matters about this system. At last writing is conclusion; the writer gives one of reason as a conclusion of this research or project paper and provides a suggestion and an idea for advance the pawn of Islamic in Malaysia especially at Bank Rakyat.
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    The Study of Challenges Faced by Women in Malaysia
    (Kolej Universiti Islam Malaysia, 2003) Zuzilah Bt Aleakhber
    The title of the research is Challenges Faced By Women In Malaysia. In doing this research the writer used several methods namely literature review, Internet surfing and from the sources of al-Quran and al-Hadith. For this purpose, the writer flipped pages of books and magazines in the libraries of Islamic College University of Malaysia, National University of Malaysia, University of Malaya and also National Library of Kuala Lumpur. In doing so, the subject of challenges of women today is given focus. The various challenges that women are facing are identified such as the problems that women face in their endeavor between raising her family and office duties. The writer also touches on the roles that woman play in the development of the nation and society especially in the era of globalization.
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    A Study The Concept of Punishment in Islam and Enforcement in Kelantan
    ( 2003) Asma' Binti Che Hassin
    Reference to the real concept of punishment in the Islamic Law , the author clarifies about the understanding of the punishment in Islam according to a1 Quran or sunnah and how far we concern in our society. In this research she used the literal review approach, which every punishment is influence by the implementation of that punishment . This research is literal review research that takes 5 months by using all material reading in bahasa melayu, Arabic and English languages . The objective of this research is to explain the right meaning and understanding about punishment in Islam according to the scholars and members of jurisprudence and all matter that including in Quran and hadith. The author uses several technique in his research such as observation(non-particular), interview and document reference that related to this topic in order to get the information. The result of his research show that the punishment in Islam is base on the basic foundation in the a1 Quran and Hadith. In this Islamic Law is rejected by certain groups because they do not know the benefit and goodness in the world view.
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    حكم نقل الأعضاء في الشريعة الإسلامية
    (Kolej Universiti Islam Malaysia, 2003) Nur Khairiah Bt Abdul Razak ; نور الخيرية بنت عبد الرزاق
    This research discusses the rule of the Organ Transplantation in Islamic perspective. This research contains the rules and specified condition on this topic. Besides that, it also discusses organ transplantation between Muslim and non-Muslim. Generally, most references are the books, magazines from the libraries and Internet. The objective of this research is to clearly understand the opinion of Muslim scholars regarding this problem and its effects to human being. It also underlines the conditions that must be fulfilled by the parties in organ transplantation. It also discusses the contribution of Islam in this field. Suggestion and solution are made to settle the problem. This problem have attracted opinion of scholar because, it is closely related to life of people. Furthermore this issue discussed by Muslim scholars from the very beginning of its existence until now. This rule is based on the principle of darurah in Islam.
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    A Study the Bai al-Inah as Practised by the Bank Rakyat from the Syariah Perspective
    (Kolej Universiti Islam Malaysia, 2003) Siti Zainab Bt Rosdi @ Rosli
    The writer's research on the "Bai al-Inah a banking system introduced by Bank Rakyat "2003. Bai al-inah means a method of selling a property for the purpose of reselling the same property in cash terms to the buyer at an agreed higher price between the bank and the purchaser of the property. Muslim Scholars have been in disagreement on the pros and cons on this banking system. This research will look into the effectiveness on the implementation of this banking system and other matters relation to its implementation. In order to obtain the data, the writer held interview sessions with the relevant bank officers at Bank Rakyat and went through the related documents and brochures on Bai al-inah banking system.
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    A Comparative Study of Age of Majority and Tamyiz in Islamic and Civil Laws in Malaysia
    (Kolej Universiti Islam Malaysia, 2003) Syed Mohd Najib Syed Omar
    This research is relating to the comparative study of two different laws that have been practiced in Malaysia i.e Islamic and Civil laws. Since these two sets of law are merely a vast field, the research emphasizes more on the age that, make someone liable under the laws, which is termed as bulugh and tamyiz under Islamic law and age of majority under Civil law of Malaysia. The main objective of the research is to find the similarity and identifying the inconsistency of these two laws. In achieving the goal, various references have been used, for instance Mughni Muhtaj, Syarhu az- Zarqani and al-Majmu' li an-Nawawi for Islamic law and statutes such as Age of Majority Act 1971, Evidence Act 1950, Family Reform Act 1969 for civil law of Malaysia. Hopefully, the research would provide a knowledge that Syariah is a dynamic law to be used throughout the centuries as strengthen by some similarities with the Civil law that have just been applied in this century.
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    انحراف الشباب وطرق علاجة : دراسة في ولاية سلانجور
    ( 2003) Arifa Suriati Awang ; اريفاسورياتي أواغ
    This research is a project for the partial fulfillment of the requirements for the Bachelor Degree of Syariah and Judiciary from The Islamic University College of Malaysia (KUIM), Session 2002 1 2003. It discusses "the Deviation of Behavior among teenagers in the state of Selangor and the Methods of Resolving it" through the analysis of the causes and factors of this deviation using the statistics available. 'I?le researcher, in order to achieve the objectives of this research, has adopted a methodology which combines between the library research, the inductive method, and the analytical method. It applied also the techniques of observation, interview and the analysis. The researcher has specified the legal rule for this issue and the ways which help in tackling it educationally and according to Islamic worldview. Finally, the researcher- based on the findings - calls for the continuation of research in this issue because of the spread of deviation of behavior among teenagers and its danger on Muslim teenagers.
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    The Study of Islamic Criminal Law Enactment in Selangor
    (Universiti Sains Islam Malaysia, 2003) Fanizan Bin Salimin
    This academic project is study about the Islamic criminal law enactment in Selangor. The study is to identify the enactment of Islamic criminal law and its provision that enforceable for Muslims in Selangor. Many of information are from fieldwork which more focusing to Syariah Court of Shah Alam and Prosecutor Unit of Islamic Religious Department of Selangor (JAIS). The methods are from collecting data and made interviews to some official in its organization. Information also gets from library research which more focusing to Academic of Islamic Studies Library in Malaya University and National Library. As a result for this research, the Syariah Criminal Law Enactment of Selangor No. 9 1395 is as the main law related to Islamic criminal that used in Selangor. And finally, the study concludes that the existing enactment still cannot deter a Muslim to make a crimes especially khalwat, indecent act and gambling had showed the high total compare with other crimes happened in Selangor.
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    The Rights of Foetus from Islamic Perspective
    (Universiti Sains Islam Malaysia, 2003) Halilah Binti Abdullah
    This academic project will look into all the rights of a foetus generally and specifically with reference to the Holy Quran, Tradition (Hadith), and the opinions of the different Schools of thought. Subsequently, the most important among these rights will be viewed. The library research, reviewing relevant document, and interview were the tools employed for data gathering purposes. The finding indicate that Islam has granted the certain rights to the foetus such as right to live, right to paternity (nasab), right to maintenance, right to protection and health care, right to inherit, and right to be buried. Although the foetus is not yet living its full life, certain rights have been granted to him or her and these rights will be carried out when the foetus is ready to be born.
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    A study on the applications and usage of Matriarchal Law (Adat Perpatih) in Jelebu, Negeri Sembilan
    (Universiti Sains Islam Malaysia, 2003) Hakimi Md Said
    Based on writer's own observation, the main reason that brings to the negative view by the society towards Adat Perpatih is lack of precise and comprehensive knowledge which can convince them about the reality behind the application of this adat. The purpose of this study is to see and do research on how far does the society in Jelebu district applies and uses this system and way of life as underlie by Adat Perpatih. This study focused on Jelebu district because it is the biggest district in Negeri Sembilan. At the same time, the writer himself comes from Jelebu and intends to know as much as he can the knowledge about the adat which is gradually forgotten from time to time. The study includes history, development and potential of this adat to compete with other laws and ways of life of today's society. Besides that, this study tries to search about the study area which is Jelebu district including history, administration and political structure, and the way of life of Jelebu society has, whether it was influenced by Adat Perpatih or not. This study produced in guidance by several approaches such as through observations to previous paper works, interviews, writing by western researchers, also by local works. There also some writings produced by Indonesian intellectuals and adat's leader in Negeri Sembilan. The findings from all these sources indicated that if the Adat Perpatih is comprehensively learned and understood in depth by the society, the negative view by the society to this adat can be corrected. Besides, this study also explained about several basic matters which led to the negative view towards this adat.
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    Material Rights of a Women in a Muslim Marriage
    (Universiti Sains Islam Malaysia, 2003) Khairiah Bt Ibrahim
    The purpose of this research to know in details on the material rights of the women in a Muslim marriage. In this research, the writer also discuss about the material rights of women after dissolution of marriage. It is clear that women have their own right, which must be provide by the husband to due his ability. In this situation, if a husband is not able to give all the needs to his wife, so that the wife can take legal action to claim upon the husband. This research is also to upgrade the prestigious of a woman, who has become a wife, and a husband should respect his wife. Besides, the writer used a library research and the same time to observe the case among society. The finding of this research shows that a married woman and divorced woman should get their own rights to ensure that they are valuable and honorable person.
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    تطبيق نظام المضاربة : دراسة في بنك معاملات بماليزيا
    (Universiti Sains Islam Malaysia, 2003) Khalidah bt Che' Ismail ; خالدة بنت جيئ إسماعيل
    The concept of Al-Mudharabah is a Islamic Muamalat system which its was recognized since on the period of Rasulullah SAW. It is the concept to separate of the profit between parties, which they were committed, the contract of investment. This research has been discuss about "The Implementation of Al-Mudharabah System: Study in Bank Muamalat Kuala Lumpur". The study sought to understand and to recognize how far the impression of the Mudharabah system to the society and also for the economic of countries. A writer was research related about this topic which the concept, proof from Al- Quran, Hadith, A1 Ijma', Hukm, condition al-Rukn and the opinion of Ulama'. Beside that's, the writer was research of the implementation Mudharabah system in Bank Muamalat, which include about the operation, objective, advantage, problem, and the impression to the society. From the result that, indicate the Islamic investment system was developed contemporary with develop economic of countries and must be improve and extend for the future.
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    Matrimonial Property: It's Provisions, Practice and Aplication in Federal Territory of Kuala Lumpur
    (Universiti Sains Islam Malaysia, 2003) Azma Binti Mamat
    The development of Islamic Family Law also encompasses the matrimonial property division in case of divorce. In the Islamic Family Law Act, any property acquired during and within their marriage duration is considered a shared property. Hence, in case of divorce, the property split into equal division and proportion. This Law is similarly adhered to in the Asian Region, namely Indonesia, Singapore, Brunei and Malaysia. This academic project looks into the provision, application and practice of the law as has been practiced in the Syariah Court in the Federal Territory of Kuala Lumpur based on the provision in the Islamic Family Law (Federal Territories) Act 1984 (Act 303) under section 58. Observation, referring books, literature review, research, interviews and reviewing relevant documents were the tools employed for data gathering purpose. The finding indicates that in matrimonial property division cases, which have been decided by Syariah Court, were consistent with the section 58, just sometimes it seen that the Judge has used his discretion power in deciding that cases. Hopefully, this project will be of some help and guidance to whomever it may concern in shedding more insights on this particular section of the Islamic Family Law.
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    Freedom of Movement in the Federal Constitution From Islamic Perspective
    ( 2003) Asif Pahmi Bin Mokhtar
    This is a comparative study between the Federal Constitution (Article 9) and Islamic perspective. The main purpose of the research is to find the similarities and identifying the inconsistencies from Islamic aspects. The writer identified some rights of freedom of movement that is provided by the Federal Constitution and also in Islamic Constitution. However the writer has the tendency to support Islamic Constitution. Relating to this issue, freedom of movement is granted to the human beings. Furthermore, the writer also recognized the restrictions on movement laid down by the Federal Constitution and Islamic Constitution. The main issue of the research; Is the freedom of movement absolutely given without limits in the both Federal Constitution and in Islamic Constitution? The findings have showed that some interpretations of Islamic law is in the Federal Constitution. Although in certain aspect the inconsistency with the Islamic law still exist, but it can be solved. Hopefully, the research would provide knowledge to the society that Islamic law is the best and eternally applicable. It is appropriate if the writer states that, the Islamic Law is the supreme Law of the Federation and any law, which is inconsistent with the Islamic Law shall, to extent of the inconsistent. be void.