Fakulti Syariah dan Undang-Undang

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Fakulti Syariah dan Undang-Undang

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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.
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    تعليم الصلاة في المدارس الحكومية في منطقة أمبانج : دراسة في المرحلة الابتدائية
    (Kolej Universiti Islam Malaysia, 2003) Nur Suriyati Bt Abdul Rahman ; نور سورياتي بنت عبد الرحمن
    The author : Nor Suriyati Bt Abdul Rahman. Title of the research : Teaching Solat in School at District of Ampang, Selangor : Research irr Primary School. The year of Submission : 2003. In this research, every ten students and one of their teachers who taught the Pendidikan Islam subject from the schools were chosen as respondents for this research. In this research, the questionnaire and interview methodologies were used. It was to know how the effective from the methodology and syllabus of teaching solat in Primary School. Teaching solat especially to the Primary Schools' students contributes the big effect for their good attitude and appearances as the real Muslims. Regarding the solat practices, it gives the important roles Muslim and society. So, Islam makes it at the top ranking compared to the other practices. Nevertheless, most of societies disregard the important role of teaching solat for the good attitude of real Muslim. From that, they regard solat as the less important matter and we do not see the good appearance from their attitudes. According to this research, we know that the secrets of solat cannot be traced without its actual concept. Lack of understanding the teaching is the reason why most of the person loses in the life until they are trapped in evils conducts. Feebleness of piety and passion stronghold gives access of bad influence to them. Consequently, Muslim students also defeated and surrendered to that influence. The lack of awareness in solat practice can be seen from the student's attitudes phenomenon nowadays.
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    Islamic Banking; The Challenges and Reality in Malaysia: A Case Study on Bank Islam Malaysia Berhad
    (Universiti Sains Islam Malaysia, 2003) Bazliahi Ahmad Mahmud
    The main issue discussed in this academic project paper is regarding to the Islamic banking especially Bank Islam Malaysia Berhad (BIMB) which is the first Islamic banking in Malaysia. The study sought to determine the challenges faced by BIMB and its reality in Malaysia. The data gathering method has been used in order to get the data for this academic project. This method comprises of the library and documentary research. From the study, there are three possible challenges which BIMB has to face. There are from the economy, law and technology point of view. Finally, this study also shows that Islamic banking especially BIMB can dominate the financial system in Malaysia.
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    نفقة الأولاد بعد الطلاق: دراسة في المحكمة الشرعية بولاية كلنتان
    (Kolej Universiti Islam Malaysia, 2003) Yusniza Bt Abd Manah ; يوسنيذا بنت عبد المناه
    The writer, Yusniza Binti Abdul Manah, is a student from Faculty of Syariah and Judiciary in Islamic College of Malaysia the writer choose Nafkah Anak Selepas Perceraian Dan Kajian Kes di Mahkamah Syariah Negeri Kelantan as the title of the research. This research will discuss about child maintainance after parents separation. It contains matters related to its by-laws and conditions opined by the four (mazhab), The opinions of Jurists in setting out the rules through the Ijtihad and Ijma' of the Jurists. Including the types and rates of child maintainance in Islam. Besides that, the writer, in her research includes the aspects of law referring to one that is being practiced by the Kelantan Syariah Court to determine child maintainance after divorce. It happens when the appellant either from the ex- wife or the children them self claim for the maintainance in court. The respondent who is the father will have to bear. To know more about the ruling in child maintainance, the writer refer to several cases from the court relating to the matter.
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    مركز الزكاة بقدح : دراسة حول أنشطته
    (Universiti Sains Islam Malaysia, 2003) Fitriah Bt Ali ; فطرية بنت علي
    This study is based on the research of Zakah Center in Kedah Darulaman. The study sought to understand and comprehend about the history of foundation of Zakah Center it management and administration and activities in collecting and distributing zakah. The library research, reviewing relevant documents and interviews were the tools employed for data gathering purposes. The finding indicates that the Zakah Center in Kedah Darulaman is playing its important role in collecting and distributing zakah in Kedah Darulaman.
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    A Study on the Possibility of the Implementation of Hudud Laws in Malaysia
    (Kolej Universiti Islam Malaysia, 2003) Rafidah Bt Abdul Aziz
    Ethnography has, as its central principle, belief that the implementation of hudud in Malaysia is difficult. This that may be many factors which became the barrier for the implementation of hudud law in Malaysia. The writer will talk about most important issue which has to be carried forward to solve the dispute and problem of society today. The latest development shows that the enforcement issue of hudud law attract the attention of many parties regardless of their races and religions. Therefore, the writer is more incline to study about the enforcement of hudud law Malaysia as to find the answer to the most hottest issue in order to satisfy and accept by all parties. For getting the data, a few tactic to use that collecting the data and informal interview with society.
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    الأستاذ أبو بكر الباقر ودوره في الفقه الإسلامي في ولاية فيراق
    (Kolej Universiti Islam Malaysia, 2003) Rushida Bt Ismail ; روشيدا بنت إسماعيل
    History of Malaysia, we know that ulama' have given a major contributions in various fields to the society. History proved that they were also involved in educations and Islamic law besides the Islamic propagation. Despite it is wrong to say that the ulama' are capable in Islamic propagate activities solely. This research on the role of Ustaz Abu Bakar Al-Baqir in fiqh islami is about the role of a great man who used the education to spread the fiqh islami and apply the economy in the society, which focused in economic problems. Through this research, he is known as a strong man physically and mentally. His story of life faced the challenges, tests and hard works. This kind of life had turned him to become someone who sacrifices for the commons in order to change their fate. He was the man who spreads the seeds on Islamic knowledge without getting tired or bored. These seeds grow and turn into a worldwide graduates. He applied the economy among the peoples to improve the level of their life. He brought an economic revolution to his people. Undoubtedly, Ustaz Abu Bakar Al-baqir deserved the title as today's ulama' as what he had done of his duty in amazing successful. He should be the role model for today generation of Islamic thinkers.
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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.