International Seminar on Syariah and Law (INSLA)
type: channel
description: International Seminar on Syariah and Law (INSLA) has been held by the Faculty of Syariah and Law (FSU), Universiti Sains Islam Malaysia (USIM) since 2010. To enhance its visibility and be globally recognised, INSLA E-Proceedings (compilation of the seminar papers) are now available online through this OJS publication system. INSLA E-Proceedings also publishes compilations of academic papers with special themes. يُعقد المؤتمر العالمي في الشريعة والقانون من قِبل كلية الشريعة والقانون، جامعة العلوم الإسلامية الماليزية منذ عام 2010 م لأجل تعزيز ظهورها والاعتراف بها عالميًا. ومجموعة مقالات المؤتمر متوفرة حاليا للمشاركين والقراء عبر الإنترنت من خلال نظام نشر المجلات المفتوحة. وسيتمّ نشر مجموعات الأوراق الأكاديمية ذات الموضوعات الخاصة كذلك في هذا الموقع Indexed by Google Scholar
language: en
publication name: International Seminar on Syariah and Law (INSLA)
items: THE MAPPING OF COVID-19 AS A NATIONAL SECURITY ISSUE
items: SYSTEMATIC LITERATURE REVIEW OF FORENSIC SCIENCE AND AL-QARINAHIN PROMINENT SHARIAH LITERATURE
items: AN ALTERNATIVE PATH TO PROSPERITY: A CRITICAL DISCOURSE ON ISLAMIC THOUGHT IN REFORMATION ERA
items: THE CONCEPT OF WHIPING PUNISHMENT ACCORDING TO SHARA’AND ISLAMIC LAW IN THE STATE OF JOHOR
items: DARJAH PEMBUKTIAN BAGI KESALAHAN HUDUD DI BAWAH ENAKMEN JENAYAH SYARIAH DI MALAYSIA:YAQINATAU ZAN AL-GHALIB?
items: صحة النكاح بالتقنيات المعاصرة عبر تيليكو فرانس في جائحة كوفيد-١٩
items: SHARED PARENTING VS SOLE CUSTODY IN MALAYSIAN SHARIAH COURTS: LESSONS FROM COVID-19
items: PERANAN MAJLIS AGAMA ISLAM NEGERI JOHOR SEMASA PERINTAH KAWALAN PERGERAKAN (PKP) AKIBAT PANDEMIK COVID-19
items: KEYNOTE SPEECH
items: OPENING SPEECH
items: WELCOMING REMARKS
items: REINTERPRETATION TO BALANCE IN INHERITANCE DISTRIBUTION ON BILATERAL KINSHIP IN ACEH
items: THE SIGNIFICANCE OF SECURE LAND TENURE IN THE PERSPECTIVE OF MAQASID AS-SHARIAH AND SUSTAINABLE DEVELOPMENT GOALS
items: KEPENTINGAN PENGURUSAN HARTA DAN URUS PUSAKA DI MALAYSIA DARI PERSPEKTIF PERUNDANGAN DAN MAQASID SYARIAH
items: HANDLING DOMESTIC VIOLENCE PERPETRATOR FROM LEGAL PERSPECTIVE
items: WHAT THE WORLD CAN TEACH MALAYSIA IN BUILDING BETTER CHILD CARE SETTINGS
items: THE NEW NORMS FOR HOUSEHOLD SOLID WASTE MANAGEMENT IN TIME OF COVID-19: MALAYSIAN LEGAL PERSPECTIVE
items: HALAL INDUSTRY AND ISLAMIC FINANCE INSTITUTION’S ROLE: ISSUES AND CHALLENGES
items: PENDAPATAN GARIS KEMISKINAN (PGK) 2019 DAN HAD KIFAYAH MAIWP: SATU TINJAUAN PERBANDINGAN
items: JURISDICTIONAL CONFLICTS IN FACING COVID-19 PANDEMIC: AN ANALYSIS OF HIBAH CASES IN NEGERI SEMBILAN SYARIAH COURTS
items: SOROTAN LITERATUR KAJIAN PENENTUAN LIABILITI PEMBEKAL DAN PESAKIT DALAM RAWATAN BEKAM DARI PERSPEKTIF SYARIAH DAN UNDANG-UNDANG
items: CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA: SAFEGUARDING CITIZENS' CONSTITUTIONAL RIGHTS IN THE MIDDLE OF A PANDEMIC
items: ISSUE OF THE APPLICATION MUZARA’AH CONTRACT IN INDONESIA: A COMPREHENSIVE ANALYSIS AND PROPOSED SOLUTION
items: BALANCING ECONOMIC GROWTH AND PRESERVATION OF HUMAN RIGHTS DURING MOVEMENT CONTROL ORDER: THE MALAYSIAN EXPERIENCE IN OVERCOMING THE IMPACTS OF COVID-19 PANDEMIC
items: COMPARISON BETWEEN DISPUTE RESOLUTION MECHANISMS IN INTERNATIONAL LAW AND ISLAMIC LAW: PROBLEMS AND CHALLENGES IN THE REALISATION OF THE INTERNATIONAL ISLAMIC COURT OF JUSTICE
items: MYSEJAHTERA APP AND THE PRIVACY RIGHTS IN TIMES OF COVID 19: THE LEGAL AND SYARIAH PERSPECTIVES
items: KONSEP DAN APLIKASI FIQH DARURAT DALAM MENYELESAIKAN ISU-ISU FIQH SEMASA MENGHADAPI PENULARAN PANDEMIK COVID-19
items: KERANGKA PERUNDANGAN SERTU DALAM INDUSTRI HALAL DI MALAYSIA
items: Coroner’s Preventive Role in Occupational and Industrial Calamities: A Fundamental Legal Review

THE MAPPING OF COVID-19 AS A NATIONAL SECURITY ISSUE
type: item
description: COVID-19 triggered different countries national plans of actions worldwide whilst these measures affecting their citizens and residents presumably within the boundaries of rule of law. The ruling governments respectively responded by implementing diverse health and legal measures with the aims of curbing the spread of the COVID-19 pandemic. This ranges from the closures of identified public places, wearing of marks and hand sanitisers, quarantine, social distancing, banning overseas travel, banning interstate travel, allowing work from home and a mixed of miscellaneous measures. Malaysia legalised its prevention and enforcement measuresmainly by virtue of the Prevention and Control of Infectious Diseases Act 1988 (Act 342) togetherwith its newly imposed COVID-19 regulations and the Police Act 1967 (Act 344). Thesocial distancing measures and movement control order have emerged the be powerful measures in flattening the COVID-19 curve. The study attempts to unveil the understanding of COVID-19 as a nationalsecurity matter with the projection and trajectory for the benefit of public health and national security simultaneously within the scope and limits of Malaysia’s public health measures and prevention of diseases, in maintaining security and public order.This paper then suggesting a projection of COVID-19 and other future health crisis or pandemic as national security issues thus legalising the health, security,or emergency measures, either improvement on the existing laws or moving towards a more dynamic form of law in line with future unforeseeable threat and intervention. The Australia and Italy COVID-19 related laws are scrutinised with the hope that this study will provide a deeper understanding and provide legal solutions enabling countries facing future emergency or crisis issues regarding health, political, social, economic type of threat that could in turn affect national security.
subject: Articles
  topic: section
subject: COVID-19
  topic: keywords
subject: biosecurity
  topic: keywords
subject: law
  topic: keywords
subject: rule
  topic: keywords
subject: security
  topic: keywords
creator: Noor Dzuhaidah Osman
creator: Fareed Mohd Hassan
creator: Amalina Ahmad Tajuddin
creator: Muhammad Nizam Awang
creator: Norman Zakiyy
rights: Copyright (c) 2021 International Seminar on Syariah and Law (INSLA)
date: 2022-07-29
publication date: 2022-07-29
starting page: 74
ending page: 81

SYSTEMATIC LITERATURE REVIEW OF FORENSIC SCIENCE AND AL-QARINAHIN PROMINENT SHARIAH LITERATURE
type: item
description: Islamic law truly recognizes and appreciates the existence of science. This article explored the existence of forensic science elements in prominent shariah literature. The elements were existed to be integrated with the principles of evidence in Islam. Based on the reviews, prominent scholars views in al-qarīnahcan best be organised under the three themes namely; the admissibility of al-qarīnahon civil, ta‘zīr, and ḥudūdcases. In fact, that there are several literatures found to highlight the forensic science elements, but the discussion was very limited and unorganised. It is evident that the assimilation between science and Islam existed through the integration of forensic science and al-qarinah. These findings can become the foundation of further theory of forensic science admissibility in Islamic law. This study suggests more research to be conducted within a wider scope to explore more in this field.
subject: Articles
  topic: section
subject: Fiqh Forensics
  topic: keywords
subject: Islamic law of evidence
  topic: keywords
subject: grounded theory
  topic: keywords
subject: systematic literature review
  topic: keywords
subject: al-qarinah
  topic: keywords
creator: Ahmad Syukran Baharuddin
creator: Lukman Abdul Mutalib
creator: Wan Abdul Fattah Wan Ismail
creator: Muhammad Hazim Ahmad
creator: Lutfullah Saqib
rights: Copyright (c) 2021 International Seminar on Syariah and Law (INSLA)
date: 2021-01-31
publication date: 2021-01-31
starting page: 67
ending page: 73

AN ALTERNATIVE PATH TO PROSPERITY: A CRITICAL DISCOURSE ON ISLAMIC THOUGHT IN REFORMATION ERA
type: item
description: This study is mainly based on concerns on the division in Islamic studies, especially the progress of Islamic thought in one side and the process of political democracy on the other side. In addition, there are limited sources which discuss the roles and contributions of Islam. Statesmanship by far is narrowly discussed in formulating typologies and dominantly conducted from cultural and security approaches. These approaches create ambiguous indicator on Islamic thoughts, and they lead to creating terminologies, like, moderate Islam or radical Islam. Studies conducted under these approaches tend to reduce and simplify thoughts’ complexity and dynamics in Islam. In order to understand the dynamics of Islamic thoughts and statesmanship in post-New Order era, an analysis needs to be administered in nationwide and worldwide contexts according to problem complexities. This study tries to explain the logical processes on Islamic thoughts among FPI, MMI, and HTI in responding political and process of democracy in Reformation era. Furthermore, the study aims to explain the underlying reasons among FPI, MMI, and HTI in offering Islamic thoughts which mainly rely on formal-legal sharia. Framework used in this study aims to integrate internal-cultural-theological and political viewpoints to socio- historical perspective with economic-politics analysis. In this sense, state fully realizes that its citizens deserve their roles and rights in contemporary way. Idea on implementing Islamic state is a discursive strategy, response, and resistance movement to state’s authoritarian system and manipulative conducts in politics, social, and economic. The results indicate that FPI, MMI, and HTI find it essential that state and day-to-day life are in Islamic teachings’ corridor. Furthermore, the thought is one of the few options available in preparing for a prospective change. In the context of changing relation between citizens and state in post New Order era, responses appeared along th…
subject: Articles
  topic: section
subject: citizen
  topic: keywords
subject: democracy
  topic: keywords
subject: Islamic state
  topic: keywords
subject: prosperity
  topic: keywords
creator: Yusdani
creator: Januariansyah Arfaizar
creator: Muh Rizki
rights: Copyright (c) 2021 International Seminar on Syariah and Law (INSLA)
date: 2021-06-19
publication date: 2021-06-19
starting page: 57
ending page: 66

THE CONCEPT OF WHIPING PUNISHMENT ACCORDING TO SHARA’AND ISLAMIC LAW IN THE STATE OF JOHOR
type: item
description: Whipping is a form of punishment that has its own meaning. Provisions of Islamic law related towhipping have been stated in the Syariah Criminal Offenses Enactment 1997 and the Syariah Criminal Procedure (State of Johor) Enactment 2003. This paper aims to discuss the definition of whipping according to Islamic and legal perspectives. This discussion focuses on whipping based on the Quran, al-Hadith and the views of the fuqaha 'as well as sharia criminal law in the State of Johor. The methodology used in this study is a literature review that is the analysis of documents such as the Quran, al-Hadith,books and articles, journals and related laws. The results of the study found that there is the concept of whipping in Islamic law and the views of the fuhaqa as well as Islamic criminal law in Islamic courts in the state of Johor. Abstrak Hukuman sebat adalah salah satu bentuk hukuman yang mempunyai pengertian yang tersendiri. Peruntukan perundangan Islam berkaitan hukuman sebat telah dinyatakan di dalam Enakmen Kesalahan Jenayah Syariah 1997 dan Enakmen Tatacara Jenayah Syariah (Negeri Johor) 2003. Kertas kerja ini bertujuan membincangkan definisi sebat menurut perspektif Islam dan undang-undang. Perbincangan ini memfokuskan kepada hukuman sebat berdasarkan al-Quran, al-Hadith dan pandangan para fuqaha’ serta undang-undang jenayah syariah di Negeri Johor. Metodologi yang digunakan dalam kajian ini ialah kajian kepustakaan iaitu analisis dokumen seperti al-Quran, al-Hadith, kitab-kitab dan artikel-artikel, jurnal-jurnal serta undang-undang yang berkaitan. Hasil kajian mendapati bahawa terdapat konsep sebat dalam hukum syarak dan pandangan para fuhaqa serta undang-undang jenayah syariah di mahkamah syariah di negeri Johor.
subject: Articles
  topic: section
subject: Whipping Punishment
  topic: keywords
subject: Islamic Law
  topic: keywords
subject: Hukuman Sebat
  topic: keywords
subject: Hukum Syarak
  topic: keywords
subject: Undang-Undang Syariah
  topic: keywords
creator: Mohd Rafi Mohd Sanusi
creator: Nasrul Hisyam Nor Muhamad
rights: Copyright (c) 2021 International Seminar on Syariah and Law (INSLA)
date: 2021-06-19
publication date: 2021-06-19
starting page: 42
ending page: 56

DARJAH PEMBUKTIAN BAGI KESALAHAN HUDUD DI BAWAH ENAKMEN JENAYAH SYARIAH DI MALAYSIA:YAQINATAU ZAN AL-GHALIB?
type: item
description: Fair sentence calls for credible evidence and proof. Discussion on evidence always revolves on burden and standard of proof. Standard of proof is important in every Syariah criminal trial because the accurate adoption of standard of proof guarantees dispensation ultimate justice. Failure to adopt the correct standard of proof will cause injustice to the parties involved. This article is intended to examine the standard of proof aspect in relation to hudud offences under syariah law and analyse that aspect under the syariah criminal jurisdiction in this country. This research also intends to propose few identified solutions to the issue at hand. This research stands on qualitative legal research methodology. The data and information are obtained through interviews and documentations of reported and unreported cases. Subsequently all data are analysed through the critical content analysis methodology. The research outcome indicates that there are loopholes in the law relating to standard of proof applicable to criminal syariah offences in this country. Hence there are two approaches adopted, either yaqinor zan al-Ghalib. The different approaches are results of incoherent treatment towards the status of hudud offence under the present law, whether it shall remain as hudud offences or be treated as takzir. The differing view crystalizes a presence of inconsistent thoughts and practices. Therefore, this research proposes to adopt zan al-Ghalibas the standard of proof for hudud offences under the Syariah Criminal Enactments in this country to ensure integrated thoughts and uniform practice. Abstrak Hukuman yang adil memerlukan kepada pembuktian dan keterangan yang kukuh.Perbincangan berhubung pembuktian adalah tidak lari daripada menyentuh aspek beban dan darjah pembuktian. Darjah pembuktian amat penting dalam sesuatu perbicaraan kes jenayah syariah kerana pemakaian terhadap darjah pembuktian yang tepat menjamin keadilanyang sebenar. Kegagalan menggunapakai darjah pembukt…
subject: Articles
  topic: section
subject: burden of proof
  topic: keywords
subject: syariah criminal offence
  topic: keywords
subject: hudud
  topic: keywords
subject: yaqin
  topic: keywords
subject: zan al-Ghalib
  topic: keywords
subject: darjah pembuktian
  topic: keywords
subject: jenayah syariah
  topic: keywords
creator: Suhaizad Saifuddin
rights: Copyright (c) 2021 International Seminar on Syariah and Law (INSLA)
date: 2021-06-02
publication date: 2021-06-02
starting page: 32
ending page: 41

صحة النكاح بالتقنيات المعاصرة عبر تيليكو فرانس في جائحة كوفيد-١٩
type: item
description: The COVID-19 pandemic has spread across the world. The pandemic causes humans to reduce their direct interaction. People during this pandemic use the internet connected to contemporary electronic devices to fulfill their basic needs with greater intensity. This technology serves to solve problems of time, distance, and geographic boundaries. This technology also contributes to the development of interaction mechanisms or models that previously could only be done by meeting two people directly to carry out aqad. One of them is a marriage contract using teleconferencing or video calls made by some people during the COVID-19 pandemic.This paper aims to determine the validity of the marriage contract which is carried out using teleconferencing technology. The method used is literature study by linking this issue with the facts that occur and how technology is applied in the context of this discussion. The effort in this study was carried out to make conclusions based on deepening the facts of the technology used by linking the opinions of the scholars regarding this issue.Basically the marriage contract occurs according to our understanding so far, namely the presence of both parties who carry out the contract, or who represent both or one of the two. Then the consent and qabul were carried out by the presence of two witnesses and being able to identify with certainty the two parties who made the contract in one council. Whereas if the contract occurs through teleconference which does not collect the contract actors and witnesses, then basically the contract is prohibited which results in the invalidity of the marriage contract that occurs. This is because this case is built on the basis of dhan (mere allegation) and is not a sure thing, because a process like this can be entered into by falsification and fraudthrough applications that can change sounds and images, as well as sometimes it is sometimes difficult to detect the perpetrators of the contract.Whereas if one o…
subject: Articles
  topic: section
subject: Validity
  topic: keywords
subject: Islamic Marriage
  topic: keywords
subject: Teleconferencing
  topic: keywords
subject: Video Call
  topic: keywords
subject: Media
  topic: keywords
subject: صحة
  topic: keywords
subject: النكاح
  topic: keywords
subject: فيديو كول
  topic: keywords
subject: وسيلة
  topic: keywords
creator: Muhammad Azwar Kamaruddin
creator: Arman
creator: Harry Budi Santoso
rights: Copyright (c) 2021 International Seminar on Syariah and Law (INSLA)
date: 2021-05-29
publication date: 2021-05-29
starting page: 24
ending page: 31

SHARED PARENTING VS SOLE CUSTODY IN MALAYSIAN SHARIAH COURTS: LESSONS FROM COVID-19
type: item
description: When it comes to child custody, the predominant standard practised by Malaysian Shariah Courts has always been the best interest of the child. Aside from specific conditions, the custodianship is often granted to the mother. The non-custodial parent, often being the father, is generally given visitation and overnight rights by the court while carrying the duty for child maintenance despite his limited rights. With the global outbreak of Covid-19, family institutions are greatly affected physically, mentally, and financially. The untimely separation of children from their parents under child custody cases raises the question of whether these children's rights are rightfully attended to or not. According to UNICEF, among the children who are profoundly affected by Covid-19 are single-parent children and female-headed households. The situation becomes dire as the consequences of Covid-19 continue to influence the care and child maintenance of a divorcee's child. Hence, this article aims to propose shared parenting as an alternative to ensure child's rights are cared for considering Shariah Courts have no explicit jurisdiction to order for joint custody. Through a doctrinal approach and library research, this article examines the concepts of shared parenting as an 'evolution' to joint custody. The article also discusses prospective benefits and challenges of implementing the idea of shared parenting in Shariah Courts. In conclusion, emphasis on the significance of shared parenting is highlighted as the best and fair solution to attain the best interests of a child at the same time promoting amicable relationships and understanding between divorced couples.
subject: Articles
  topic: section
subject: shared parenting
  topic: keywords
subject: sole custody
  topic: keywords
subject: amicable settlement
  topic: keywords
subject: family law
  topic: keywords
subject: COVID-19
  topic: keywords
creator: Faiz Aiman Fadhil Adzim
creator: Ainan Husnaa Muhammad Saifullah
creator: Azizah Mohd
rights: Copyright (c) 2021 International Seminar on Syariah and Law (INSLA)
date: 2021-02-16
publication date: 2021-02-16
starting page: 11
ending page: 23

PERANAN MAJLIS AGAMA ISLAM NEGERI JOHOR SEMASA PERINTAH KAWALAN PERGERAKAN (PKP) AKIBAT PANDEMIK COVID-19
type: item
description: The Johor State Islamic Religious Council (MAIJ) was established on 1925 under the authority of Part IV, Chapter XV, Board of Regulations for the Rule of the King. There are initial functions and main functions for MAIJ. MAIJ's initial function was to manage religious affairs, provide advice on the King's customs, provide lessons / education to the King's relatives and manage the welfare of the Muslim community. Meanwhile, its main function is to manage and administer the Group of Zakat & Fitrah Fund (Kumpulan Wang Zakat & Fitrah) and distribute the fund according to asnaf, manage and administer the Fund / Baitulmal Property and the Wakaf Fund as a Wakaf Trustee. This article aims to analyze the types of assistance and contributions due to Covid-19 pandemic during the Movement Control Order (MCO) on 18 March 2020 to 31 March 2020 organized by the Johor Islamic Religious Council. This study is a qualitative study with content analysis design. The results show that the Johor Islamic Religious Council provides assistance to people in need with a set amount along with the number of recipients to be in line with the budget. This study lists the types of donations along with the amount of aid money as a reference for recipients during the period of the Movement Control Order (MCO) Abstrak Majlis Agama Islam Negeri Johor (MAIJ) telah ditubuhkan pada tahun 1925 di bawah kuatkuasa Bahagian IV, Bab XV, Lembaga Aturan Bagi Pemerintahan Raja. Terdapat fungsi awal dan fungsi utama bagi MAIJ. Fungsi awal MAIJ ialah menguruskan hal ehwal agama, memberi khidmat nasihat mengenai adat istiadat Raja, memberi pelajaran / pendidikan kepada kerabat Di Raja dan menguruskan kebajikan masyarakat Islam. Manakala, fungsi utamanya ialah menguruskan dan mentadbir Kumpulan Wang Zakat & Fitrah dan mengagihkan mengikut asnaf, mengurus dan mentadbir Kumpulan Wang / Harta Baitulmal dan Kumpulan Wang Wakaf sebagai Pemegang Amanah Wakaf. Artikel ini bertujuan untuk menganalisis jenis-jenis bantuan dan…
subject: Articles
  topic: section
subject: MAINJ
  topic: keywords
subject: function
  topic: keywords
subject: donation
  topic: keywords
subject: help
  topic: keywords
subject: pandemic
  topic: keywords
subject: majlis
  topic: keywords
subject: fungsi
  topic: keywords
subject: sumbangan
  topic: keywords
subject: bantuan
  topic: keywords
subject: pandemik
  topic: keywords
creator: Nur Zainatul Nadra Zainol
creator: Mustapahayuddin Abd Khalim
creator: Wan Ainaa Mardhiah Wan Zahari
creator: Azlan Kuangit@Abdullah
rights: Copyright (c) 2021 International Seminar on Syariah and Law (INSLA)
date: 2021-02-16
publication date: 2021-02-16
starting page: 4
ending page: 10

KEYNOTE SPEECH
type: item
subject: EXORDIUM
  topic: section
creator: Mohd Na’im Mokhtar
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 18
ending page: 22

KEYNOTE SPEECH
type: item
subject: EXORDIUM
  topic: section
creator: Tun Zaki Azmi
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 7
ending page: 17

OPENING SPEECH
type: item
subject: EXORDIUM
  topic: section
creator: Norfadhilah Mohamad Ali
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 4
ending page: 6

WELCOMING REMARKS
type: item
subject: EXORDIUM
  topic: section
creator: Wan Abdul Fattah Wan Ismail
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 1
ending page: 3

REINTERPRETATION TO BALANCE IN INHERITANCE DISTRIBUTION ON BILATERAL KINSHIP IN ACEH
type: item
description: The study aims at describing inheritance distribution among Acehnese, balance in inheritance distribution, and reinterpretation to balance in inheritance distribution in a society with bilateral kinship system. This research is a normative research with a juridical approach, with a focus on studies in three locations; Pidie, North Aceh and South Aceh, with primary and secondary data sources, then analyzed descriptive analytic. The results indicate that inheritance law among Acehnese is mainly based on faraid (inheritance distribution) law. Nevertheless, in its development and implementation, there are cases in which the distribution is a result of familial agreement. In general, both male and female heirs have the same rights in inheritance distribution—a common character in bilateral kinship. In the distribution of assets, it was found that Hareuta Peunulang's assets were found, these assets could later be counted as an inheritance. In Acehnese perspective especially in South Aceh, local tradition can decide the position of inheritance and the role of ninik mamak (respected elders), similar to Minangkabau’s tradition which adheres to matrilineal kinship. It indicates a tendency among Acehnese to adopt matrilineal system, even though it mainly relies on bilateral system. In maqasid sharia’s viewpoint, waqf aims at preserving the wellbeing of waqif’s offspring. Acehnese inheritance law is actually in-line with Aristotle's Theory of Justice, in which fairness is a situation where people should apply rules the same and treat similar cases alike.
subject: Articles
  topic: section
subject: Inheritance Law
  topic: keywords
subject: Aceh Custom
  topic: keywords
subject: Bilateral Kinship
  topic: keywords
subject: Reinterpretation of Justice
  topic: keywords
creator: M. Roem Syibly
creator: Sidik Tono
creator: Amir Mu’allim
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 706
ending page: 716

THE SIGNIFICANCE OF SECURE LAND TENURE IN THE PERSPECTIVE OF MAQASID AS-SHARIAH AND SUSTAINABLE DEVELOPMENT GOALS
type: item
description: Land represents one of the key resources of wealth for a country with economic, social and environmental dimension. Inevitably, security of land tenure and dealings is vital in managing land resources as a trust from the Almighty to humankind. In view of this, Islam considers protection of property and wealth as one of the five fundamentals of shariah or the maqasid as-shariah. Similarly, the significance of secure land tenure for sustainable development has been acknowledged by the United Nations. This paper seeks to examine the advantages of safeguarding land tenure to the economic and social well-being as well as repercussions from failure to uphold the same particularly in facing the pandemic of covid-19. The research employs doctrinal approach. The findings of this paper suggest that the government has to play proactive role in ensuring land tenure and dealings are guaranteed and protected by enhancing the legislative framework of land administration system in Malaysia.
subject: Articles
  topic: section
subject: Secure land tenure
  topic: keywords
subject: maqasid as-shariah
  topic: keywords
subject: sustainable development
  topic: keywords
subject: food security
  topic: keywords
subject: Malaysia
  topic: keywords
creator: Kamilah Wati Mohd
creator: Sharifah Zubaidah Syed Abdul Kader
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 700
ending page: 706

KEPENTINGAN PENGURUSAN HARTA DAN URUS PUSAKA DI MALAYSIA DARI PERSPEKTIF PERUNDANGAN DAN MAQASID SYARIAH
type: item
description: This article discusses the importance of administration of estates from legal and Maqasid Syariah perspectives. The current facts show high numbers of deceased estates worth millions of ringgit that are not properly managed, and this scenario could lead to inefficacy in helping the economic growth of the country. Fraud cases involving estates that are also frequently highlighted in the mass media indicates low level of public awareness in understanding the importance of estates administration. The research methodology involves literature studies, relevant articles, library research, expert’s opinion from related government and non-governmental agencies. All the inputs are gathered in outlining practical solutions to the highlighted issues that are in line with the requirements of Maqasid Syariah in preserving property. Abstrak Artikel ini membincangkan kepentingan mengurus harta dan urus pusaka dari perspektif perundangan dan Maqasid Syariah. Fakta menunjukkan bahawa terdapat sejumlah harta peninggalan si mati yang bernilai jutaan ringgit terabai dan tidak diuruskan secara baik. Hal ini turut menyumbang kepada lambakan harta pusaka yang tidak bernilai dan bermanfaat kepada ahli keluarga atau waris. Harta pusaka yang tidak diuruskan secara baik ini turut dilihat sebagai tidak mampu menyumbang kepada pembangunan ekonomi negara. Di samping itu, terdapat isu-isu penipuan harta pusaka yang sering dibangkitkan di media massa yang merupakan indikasi tahap kesedaran yang rendah dalam memahami akan kepentingan pengurusan harta termasuk harta pusaka. Selain daripada kajian literatur, penulisan ahli akademik berkaitan, kajian kepustakaan, kajian melalui pengalaman agensi kerajaan dan bukan kerajaan yang menguruskan harta pusaka telah dilaksanakan dalam menggariskan beberapa solusi yang praktikal dan cadangan pengurusan harta pusaka yang bertepatan dengan kehendak Maqasid Syariah dalam memelihara harta.
subject: Articles
  topic: section
subject: pengurusan harta
  topic: keywords
subject: urus pusaka
  topic: keywords
subject: harta pusaka
  topic: keywords
subject: Maqasid Syariah
  topic: keywords
subject: waris
  topic: keywords
creator: Adzidah Yaakob
creator: Kamilah Wati Mohd
creator: Hasnizam Hashim
creator: Abidah Abdul Ghafar
creator: Muhammad Nazmi Khamis
creator: Kamarul Azman Mustapha Kamal
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 689
ending page: 699

HANDLING DOMESTIC VIOLENCE PERPETRATOR FROM LEGAL PERSPECTIVE
type: item
description: In Malaysia, Domestic Violence Act 1984 is a piece of legislation that can provide civil protection in a domestic setting. When a case of abuse is committed by a perpetrator to one of the family members, this law may apply. This paper discusses the extent to which the Domestic Violence Act can provide protection to the victim as well as prevent the perpetrator from further harassing or abusing the victim. It also elaborates on the insight relating to the law on handling the perpetrator of domestic violence. It discusses the protection orders available for victims in order to safeguard themselves from further abuse and violence of the perpetrator. The recently developed Domestic Violence (Amendment) Act 2017 is referred for this purpose.
subject: Articles
  topic: section
subject: domestic violence
  topic: keywords
subject: perpetrator
  topic: keywords
subject: vulnerable
  topic: keywords
subject: protection
  topic: keywords
creator: Abidah Abdul Ghafar
creator: Nurfadhilah Che Amani
creator: Siti Nurleli Rusmiyati
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 680
ending page: 688

WHAT THE WORLD CAN TEACH MALAYSIA IN BUILDING BETTER CHILD CARE SETTINGS
type: item
description: This paper analyses the international experiences of various jurisdictions that may be taken as lessons for Malaysia. The discussion touches on the feasibility of making international comparisons in child care settings, in order to enhance the quality of child care settings in terms of laws and regulations. Experiences from other countries are scrutinised here in order to take lessons from these countries. Looking into child care in the prisms of international perspectives will assist Malaysia in improving and developing the Malaysian child care, specifically on laws and regulations. The paper aims to present experiences from other countries, which can be a valuable reference for Malaysia to work on improving the Malaysian child care legislative framework.
subject: Articles
  topic: section
subject: child care
  topic: keywords
subject: quality
  topic: keywords
subject: legislative
  topic: keywords
subject: Malaysia
  topic: keywords
creator: Mashitah Abdul Mutalib
creator: Nik Salida Suhaila Nik Saleh
creator: Norfadhilah Mohamad Ali
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 669
ending page: 679

THE NEW NORMS FOR HOUSEHOLD SOLID WASTE MANAGEMENT IN TIME OF COVID-19: MALAYSIAN LEGAL PERSPECTIVE
type: item
description: Many countries, including Malaysia, have been affected by the Covid-19 pandemic which was newly discovered at the end of 2019. Malaysia is taking steps to enforce Movement Control Order starting March 2020 and, the latest is the enforcement of the Recovery Movement Control Order until the end of this year. Covid-19 poses new challenges to waste management whereby a failure in managing wastes in the time of facing this pandemic will cause adverse effects on public safety and health as well as the environment. Hence, the relevant authorities and the public should manage waste carefully and effectively. The households may generate household hazardous solid waste such as contaminated face masks or other household solid wastes during the pandemic which must be properly disposed of. By employing a library research method and interview, this paper discusses from the legal perspective, the new norms for household solid waste management in the time of Covid-19. The findings seem to suggest that the new norms in respect of the household are seen in terms of the increased practice of 3R and separation of waste and the implementation of Standard Operating Procedures in managing household solid waste by the relevant authorities. It is recommended that households should be provided with a comprehensive guideline on household solid waste management during the pandemic of Covid-19.
subject: Articles
  topic: section
subject: Household Solid Waste Management
  topic: keywords
subject: Covid-19
  topic: keywords
subject: process of legal intervention
  topic: keywords
subject: New Norms
  topic: keywords
creator: Intan Nadia Ghulam Khan
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 660
ending page: 668

HALAL INDUSTRY AND ISLAMIC FINANCE INSTITUTION’S ROLE: ISSUES AND CHALLENGES
type: item
description: Halal industry can be defined as goods and services that follow the Shariah rules or Islamic-law guidelines from the start until the end of the process include pharmaceuticals, cosmetics, services like transportation and logistics, banking and finance. Therefore, the main purpose of this paper is to provide suggestions and opinion on dealing with issues and challenges in halal industry as well as to determine the issues and challenges in halal industry and to know the role of Islamic finance institution to enhance halal industry. This study utilised qualitative method by using document analysis and interview instruments to gain related information. The results of this study show that Islamic finance institution brings big responsibility in the development of halal industry because there are many products of Islamic finance institution that can be used in the halal industry like mudharabah,musharakah, salam,and tawarruq. Thus, with the combination of both of this sector will help the growth of economy mostly for Muslim. This paper determine the issues and challenges facing by halal industry as well as its suggestions on dealing with the issues and identifying the role of Islamic finance institution in the growth of halal industry, like tawarruq which will open the door for investor from Muslim and non-Muslim to invest in the halal industry, which the financial system is complying with Shariah and halal ecosystem will be created.
subject: Articles
  topic: section
subject: Islamic finance institution
  topic: keywords
subject: halal industry
  topic: keywords
subject: tawarruq
  topic: keywords
subject: halal industry issues
  topic: keywords
subject: halal industry challenges
  topic: keywords
subject: halal ecosystem
  topic: keywords
creator: Muhammad Aunurrochim Mas’ad
creator: Najwa Alyaa Abd Wakil
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 643
ending page: 659

PENDAPATAN GARIS KEMISKINAN (PGK) 2019 DAN HAD KIFAYAH MAIWP: SATU TINJAUAN PERBANDINGAN
type: item
description: On July 2020, Malaysia announced the new level of Poverty Line Income (PLI) 2019 to RM2208 as compared to RM980 a month which has been used since 2005. This newly revised PLI is expected to increase the national level of poverty rate and cause changes in threshold value of aid agencies including zakat institutions.This paper generally look into the comparison of the elements within PLI 2019 and MAIWP’s Had Kifayah by using the library research method. It is found that, eventhough the number of dimensions or components in both PLI and Had Kifayah are different, both share the main goal which is to enable households to achieve a minimum standard of living or a decent life. The threshold level set by PLI and the MAIWP’s Had Kifayah also does not prevent households from getting any aids from relevant agencies if they eligible for that. Based on discussion of this paper, MAIWP is recommended to also review its threshold of Had Kifayah so that it will in line with PGK 2019 on the basis of current living cost. Abstrak Pada Julai 2020, Malaysia telah mengumumkan semakan semula Pendapatan Garis Kemiskian (PGK) 2019 kepada para RM2208 sebulan berbanding RM980 yang telah digunakan sejak 2005. Paras terbaharu ini dijangka memberi impak dari segi peningkatan kadar kemiskinan nasionaldan perubahan kepada nilai ambang agensi-agensi pemberi bantuan termasuklah institusizakat. Makalah ini secara umumnya bertujuan untuk melihat perbandingan elemen-elemen yang dikirakan dalam PGK 2019 dan Had Kifayah MAIWP dalam menangani kemiskinan. Perbandingan ini dikajimelalui kaedah kajian kepustakaan. Didapati bahawa, biarpun bilangan dimensi atau komponen dalam kedua-kedua PGK dan had kifayah berbeza, namun kedua-duanya berkongsi matlamatsatuutama iaitu untuk membolehkan isirumah mencapai satu taraf hidup minimum yang dapat diterima oleh masyarakat setempat atau satu kehidupan wajar.Paras yang ditetapkan oleh PGK dan HadKifayah MAIWPjugatidak menghalang sesebuah isirumah untuk mendapatkan bantu…
subject: Articles
  topic: section
subject: Poverty Line Income (PLI)
  topic: keywords
subject: poverty
  topic: keywords
subject: had kifayah
  topic: keywords
subject: zakat institution
  topic: keywords
subject: decent life
  topic: keywords
subject: Pendapatan Garis Kemiskinan (PGK)
  topic: keywords
subject: kemiskinan
  topic: keywords
subject: institusi zakat
  topic: keywords
subject: kehidupan wajar
  topic: keywords
creator: Nur Syahidah Abdul Jalil
creator: Muhammad Hisyam Mohamad
creator: Wan Roslili Majid
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 629
ending page: 642

JURISDICTIONAL CONFLICTS IN FACING COVID-19 PANDEMIC: AN ANALYSIS OF HIBAH CASES IN NEGERI SEMBILAN SYARIAH COURTS
type: item
description: In 2020, statistic reveals that a total number of 30 hibah cases have been registered in the Negeri Sembilan Syariah Courts. Interestingly, the total number of cases registered this year has decreased as compared to 51 cases for the previous year. This study analyses on the jurisdictions of the Syariah Courts in deciding hibah cases in Negeri Sembilan by taking into a consideration the recent outbreak of Covid-19. This study investigates the impacts of the Covid-19 pandemic on the number of hibah cases brought before the Syariah Courts in the state of Negeri Sembilan. For this purpose, this study applies a doctrinal legal approach where the data collection is based on a library-based research and the statistical data collected from Negeri Sembilan Syariah Courts. Analysis was done on several important cases concerning the jurisdiction of the courts. This study discovers that the Covid-19 pandemic has an effect on the number of registered and resolved cases pertaining to hibah in Negeri Sembilan Syariah Courts. This study recommends that electronic method such as e-proceeding to be fully implemented so as to enable the public to access the court easily. It is hoped that findings of this study will shed light on the issue of jurisdictions concerning hibah and beneficial in providing clear and precise information on the jurisdiction of the Syariah Courts in deciding hibah matters.
subject: Articles
  topic: section
subject: hibah
  topic: keywords
subject: jurisdiction
  topic: keywords
subject: online
  topic: keywords
subject: pandemic
  topic: keywords
subject: Syariah Courts
  topic: keywords
creator: Amylia Fuziana Azmi
creator: Nik Salida Suhaila Nik Saleh
creator: Mohamad Zaharuddin Zakaria
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 622
ending page: 628

SOROTAN LITERATUR KAJIAN PENENTUAN LIABILITI PEMBEKAL DAN PESAKIT DALAM RAWATAN BEKAM DARI PERSPEKTIF SYARIAH DAN UNDANG-UNDANG
type: item
description: The practice of traditional medicine has been in existence since time memorial and also one of the practices which had been practiced by our Prophet (p.b.u.h.). Various writings have been done related to cupping from the religious point of view. Meanwhile, there are various writings on the legal aspects of the treatment of traditional medicine in developed countries such as The United States of America, United Kingdom, and Australia. Still, there is no extensive study on the legal aspects of traditional medicine treatment in Malaysia,especially on cupping from the Syariah and legal perspective. This literature review analyses the critical literature related to the study of determining the provider’s liability in cupping treatment. This article used the library method and textual documents. This study found a gap in the determination of liability and the existence of such guidelines will protect the service providers of cupping if any negligence or incidents happen during the cupping treatment. This paper suggests that further research will be done to refine this matter. It is essential to all practitioners and patients receiving cupping therapy, whether in Syariah and legal perspective. Abstrak Amalan perubatan telah wujud sejak zaman-berzaman termasuklah bekam merupakan salah satu amalan yang telah diamalkan oleh Rasulullah (s.a.w.). Pelbagai penulisan yang telah dijalankan berkaitan bekam dari sudut pandangan agama Islam. Negara-negara maju seperti Amerika Syarikat, United Kingdom dan Australia telah mempunyai pelbagai panduan dari segi aspek perundangan perubatan tradisional. Namun, masih belum ada lagi kajian yang menyeluruh mengenai aspek perundangan Syariah dan sivil bagi rawatan bekam. Sorotan keperpustakaan ini merujuk kepada aspek perundangan mengenai amalan bekam dari perspektif Syariah dan undang-undang. Sorotan ini menganalisis literatur-literatur penting berkaitan kajian penentuan liabiliti pembekam dalam rawatan bekam. Sorotan ini telah menggunakan kae…
subject: Articles
  topic: section
subject: Cupping
  topic: keywords
subject: traditional treatment
  topic: keywords
subject: Syariah
  topic: keywords
subject: law
  topic: keywords
subject: liability
  topic: keywords
subject: bekam
  topic: keywords
subject: rawatan tradisional
  topic: keywords
subject: Undang-undang
  topic: keywords
creator: Nurul Izzah Syafiqah Osman
creator: Abd Hamid Abd Murad
creator: Ahmad Syukran Baharuddin
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 616
ending page: 621

CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA: SAFEGUARDING CITIZENS' CONSTITUTIONAL RIGHTS IN THE MIDDLE OF A PANDEMIC
type: item
description: Since the coronavirus's announcementthat COVID-19 is a pandemic, there are concerns that this coronavirus pandemic will hurtall human life sectors. The health and economic sectors are the most vital, causing many countries worldwideto experience outbreaks,andit is difficult to avoid them. Many countries are not ready to face this pandemic, resultingin more casualties and an economic recession. However, amid the outbreak, it turns out that there is still a country that can survive,and one of the factors that cause this country to survive is law enforcement.The process is carried out optimally and is supported by law enforcement officials who are also professional, independent and with integrity. In this study, the author will discuss the extent to which the Indonesian Constitutional Court's roleas the guardian of the constitution in safeguarding the constitutional rights of Indonesian citizens and providing legal certainty amid a pandemic.
subject: Articles
  topic: section
subject: Constitutional Court
  topic: keywords
subject: Constitutional Right
  topic: keywords
subject: Covid-19
  topic: keywords
subject: Pandemic
  topic: keywords
subject: Constitution
  topic: keywords
creator: Hani Adhani
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 609
ending page: 615

ISSUE OF THE APPLICATION MUZARA’AH CONTRACT IN INDONESIA: A COMPREHENSIVE ANALYSIS AND PROPOSED SOLUTION
type: item
description: Indonesia is an archipelago country known for its richness of natural resources. Plants, animals, and a vital commodity in Indonesian soil. The Equator across the zone of Indonesia makes it prolific. Its fertile land along with a stable climate makes much Indonesian use it for farming. According to the Central Bureau of Statistics, the number of Indonesian populations within 34 provinces work as a farmer in 2016 is 35.088.823. That is to say, the prosperity of more than 35 million population of Indonesia is in the agricultural sector. This number is a great amount that has exclusive attention from the government. The agricultural sector is highly influential to food commodity and becomes the main resource of income in a developing country. Agriculture problem that is faced nowadays is various from field quantity reduction, limited access to business service especially in funding, unproper harvest distribution, and unpredictable environment condition like weather nor climate. Muzara’ah becomes an alternative source of sharia-based financing and has an advantage in fund payment liberation, employment (cultivator), maximizing unmaintained field, incorporate potential within each side intended to prosper according to the deal. Muzara’ah in the agricultural sector is crucial to be applied considering Indonesian and the majority of the Asian community in Southeast Asia is land worker or cultivator.
subject: Articles
  topic: section
subject: Muzara’ah contract
  topic: keywords
subject: farming
  topic: keywords
subject: agricultural sector
  topic: keywords
subject: muzara’ah issues
  topic: keywords
subject: sharia-based financing
  topic: keywords
creator: Asep Maulana
creator: Abdul Manab
creator: Nabila Amanda Sabania
creator: Irham Zaki
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 596
ending page: 608

BALANCING ECONOMIC GROWTH AND PRESERVATION OF HUMAN RIGHTS DURING MOVEMENT CONTROL ORDER: THE MALAYSIAN EXPERIENCE IN OVERCOMING THE IMPACTS OF COVID-19 PANDEMIC
type: item
description: The spread of Covid-19 pandemic across the globe has triggered many countries to implement lockdown to break the chain of infection. Malaysia, like many other countries in the world, has implemented movement control order (MCO) in various stages starting on 18th March 2020 to overcome the pandemic. During this MCO period, almost every day-to-day activity has been restricted. Employees were forced to work from home, schools and universities were closed and most business activities have also been shut down. The MCO was implemented as a reflection to the government’s role to preserve public health and the right to life of its citizen. Nevertheless, the implementation of MCO has also affected the growth of Malaysian economy. This paper aims at exploring the efforts by Malaysian authorities in balancing the country’s economic growth and preserving the public health and human rights of its citizen. For this purpose, qualitative method has been used in which various primary and secondary sources have been examined. This will explore the actions taken by the government in overcoming Covid-19 pandemic as well as to overcome the economic downturn due to this pandemic. The preliminary finding from this paper indicates that, the Government of Malaysia has played its role and discharged its duty to respect, protect, and fulfil human rights of its people while addressing the Covid-19 impact. The government has used its discretion to restrict certain rights to maintain public health. At the same time, a number of stimulus packages targeted to certain affected groups have also been introduced to help reduce the burden of economic impact due to this pandemic as well as to sustain the economic growth of the country.
subject: Articles
  topic: section
subject: MCO
  topic: keywords
subject: Covid-19
  topic: keywords
subject: Human Rights
  topic: keywords
subject: Economic Growth
  topic: keywords
creator: Nisar Mohammad Ahmad
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 589
ending page: 595

COMPARISON BETWEEN DISPUTE RESOLUTION MECHANISMS IN INTERNATIONAL LAW AND ISLAMIC LAW: PROBLEMS AND CHALLENGES IN THE REALISATION OF THE INTERNATIONAL ISLAMIC COURT OF JUSTICE
type: item
description: At present, there are several dispute resolution mechanisms that are available to resolve disputes between states. International law regards all states to be standing at an equal footing that makes state consent to be required in the dispute resolution process. Meanwhile, Islamic law presents dispute resolution as one tenet to achieve justice which is in line with the Shariah and the Prophet Muhammad (pbuh) traditions. This article will describe and analyse the dispute resolution mechanisms in international law and Islamic law by focusing on the distinctive traits between these two. This is needed in order to evaluate suggestions on how to ensure the establishment of the International Islamic Court of Justice (IICJ) as a convenient forum for dispute resolution among Muslim States that was proposed by the Organization of Islamic Cooperation (OIC) in 1981 but has not been materialised until today. Using qualitative method and library-based research, primary and secondary sources from various sources are examined to provide a comparative analysis on the concept of dispute resolution in international law and Islamic law. The preliminary findings from this study suggest that in order to properly established the IICJ as a medium of settling the difference of views among the Muslim states, it must be encouraged that all Muslim states must ratify the Court’s Statute. The OIC must organise inclusive dialogues to explain the working of the Court particularly to its member states to make it workable in resolving disputes and achieve considerable results in preserving peace as well as securing justice between Muslim states.
subject: Articles
  topic: section
subject: dispute resolution
  topic: keywords
subject: Islamic states
  topic: keywords
subject: Islamic law
  topic: keywords
subject: international law
  topic: keywords
subject: Organization of Islamic Cooperation (OIC)
  topic: keywords
creator: Mohamad Kamal Sodiqin Abdull Manaf
creator: Hendun Abd Rahman Shah
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 581
ending page: 588

MYSEJAHTERA APP AND THE PRIVACY RIGHTS IN TIMES OF COVID 19: THE LEGAL AND SYARIAH PERSPECTIVES
type: item
description: The year of 2020 marks the most challenging year when a global health crisis due to the outbreak of COVID-19 pandemic worldwide. In Malaysia, the government took an approach by developing a contact-tracing application, known as MySejahtera to assist the government in managing the outbreaks and to enable the Ministry of Health to slow down the spread of the virus. Nevertheless, the technology has raised the data privacy concern where the app requires various users’ personal details to be inserted before the app can be used. Based on qualitative and doctrinal methods, this article examines whether the government can collect personal information of its citizens in times of pandemic, and to what extent such data should be protected. To do, this paper will be focusing on the invasion of the right to privacy by the government from the legal and Syariah perspectives. The finding suggests that in the time of pandemic COVID-19, it is legal for the government to collect confidential information of its citizens based on the concept of public interest (Maslahah ‘Ammah) grounded from the Syariah principle. Alternatively, it is vital to set the timeline and the data should be destroyed at a certain period. It concludes that the contact tracing apps is inevitable and as an essential tool in combating the outbreaks amidst privacy invasion.
subject: Articles
  topic: section
subject: data privacy
  topic: keywords
subject: COVID-19
  topic: keywords
subject: technology
  topic: keywords
subject: MySejahtera app
  topic: keywords
creator: Siti Selihah Che Hasan
creator: Duryana Mohamed
creator: Yusri Yusoff
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 575
ending page: 580

KONSEP DAN APLIKASI FIQH DARURAT DALAM MENYELESAIKAN ISU-ISU FIQH SEMASA MENGHADAPI PENULARAN PANDEMIK COVID-19
type: item
description: Fiqh of Darurat has a dynamic role in resolving contemporary issues. This matter can be seen through the application of something that requires the concept of Fiqh of Darurat. The current issues related to the spread of the COVID-19 pandemic have led to ijtihad of fiqh. Moreover, at the same time pandemics are diseases that are easily transmitted to each other. Therefore, it is necessary to refer to the Fiqh of Darurat and examine the extent of its role and explains the COVID-19 pandemic transmission system in ancient times. This paper aims to explain the concept of Darurat and its application to the problems of fiqh that arise during the transmission of the COVID-19 Pandemic. Also, examine this infectious disease from a historical aspect. The method used was qualitative of descriptive through literature review from primary and secondary sources. Next, the collected data will be analyzed to find a solution. The results of the study found that Fiqh of Darurat is conceptually a guide in resolving fiqh issues during the spread of the COVID-19 pandemic. The implications of the application prove that fiqh issues can be addressed well through the Fiqh of Darurat. Abstrak Fiqh Darurat secara konsep mempunyai peranan yang dinamik dalam menyelesaikan isu-isu terkini. Hal ini, dapat dilihat melalui pengaplikasian ke atas sesuatu perkara yang memerlukan Fiqh Darurat. Isu-isu terkini yang berkaitan dengan penularan Pandemik COVID-19 telahpun membawa kepada ijtihad fiqh. Selain itu, pada masa yang sama Pandemik ini adalah penyakit yang mudah menular antara satu sama lain. Oleh itu, perlu merujuk kepada Fiqh Darurat dan meneliti sejauhmanakah peranannya tersebut. Juga menjelaskan sistem penularan Pandemik COVID-19 pada zaman dahulu. Kertas kerja ini bertujuan untuk menjelaskan konsep Darurat dan aplikasinya terhadap permasalahan fiqh yang timbul ketika berlakunya penularan Pandemik COVID-19. Juga meneliti penyakit menular ini dari aspek sejarah. Kaedah yang digunakan adalah quali…
subject: Articles
  topic: section
subject: Fiqh of Darurat
  topic: keywords
subject: concepts
  topic: keywords
subject: applications
  topic: keywords
subject: ijtihad of fiqh
  topic: keywords
subject: COVID-19 Pandemic
  topic: keywords
subject: Fiqh Darurat
  topic: keywords
subject: konsep
  topic: keywords
subject: aplikasi
  topic: keywords
subject: ijtihad fiqh
  topic: keywords
subject: Pandemik COVID-19
  topic: keywords
creator: Setiyawan Gunardi
creator: Lukman Abdul Mutalib
creator: Mohd Soberi Awang
creator: Wan Abdul Fattah Wan Ismail
creator: Ahmad Syukran Baharuddin
creator: Abdul Manan Ismail
creator: Siti Fatimah Salleh
creator: Muhammad Hazim Ahmad
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 566
ending page: 574

KERANGKA PERUNDANGAN SERTU DALAM INDUSTRI HALAL DI MALAYSIA
type: item
description: Halal is now a symbol of quality, cleanliness and lifestyle of the community. Halal, which was previously synonymous with Muslims, has now begun to attract non-Muslims to use halal products or services. In order to obtain halal certification, the implementation of sertu has become one of the important requirements that must be met by medium and large industries in Malaysia. Although sertu is not a mandatory thing to do, companies need to establish standard operating procedures (SOPs) in writing related to sertu in the event of non-compliance with the sertu process (if applicable). This is outlined as one of the requirements in the Halal Security System (HAS) Malaysian Halal Management System 2019. In Malaysia, jurisdiction of Halal is under the state government. There are several issues arising in the legal and enforcement aspects of this implementation. This article aims to examine the legal framework in the halal industry in Malaysia. To achieve this goal, a qualitative study will be conducted, focusing on data collection methods by document analysis and face-to-face interviews. Findings from this study found that there is no specific legal framework at the moment and this can lead to confusion in implementing comprehensive monitoring in the context of halal certification. Procedures and parties that can implement the same process also need to be refined so as not to cause conflicts of interest to the parties involved. This study suggests that the authorities in halal certification can provide a clear and uniform sertu legal framework to avoid confusion in the implementation of sertu involving halal certification. In addition, it is recommended that specific guidelines for each halal scheme be improved because the requirements of each scheme are different. Abstrak Halal kini menjadi simbol kualiti, kebersihan dan gaya hidup masyarakat. Halal yang sebelum ini sinonim dengan Muslim, kini telah mula menarik perhatian orang bukan Islam untuk menggunakan produk atau se…
subject: Articles
  topic: section
subject: sertu
  topic: keywords
subject: regulation
  topic: keywords
subject: halal certification
  topic: keywords
subject: halal industry
  topic: keywords
subject: consumer
  topic: keywords
subject: perundangan
  topic: keywords
subject: pensijilan halal
  topic: keywords
subject: industri halal
  topic: keywords
subject: pengguna
  topic: keywords
creator: Mustafa ‘Afifi Abdul Halim
creator: Sumaiyah Abd Aziz
creator: Mohd Mahyeddin Mohd Salleh
creator: Hasdhatul Nor Aliah Md Said
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-12-31
publication date: 2020-12-31
starting page: 554
ending page: 565

Coroner’s Preventive Role in Occupational and Industrial Calamities: A Fundamental Legal Review
type: item
description: This paper focuses on the coroner’s investigative role that relates to occupational death cases. Any death caused by industrial calamities occurred in the course of employment needs to be investigated thoroughly. The methodology used in this study is qualitative approach, which involves analysing data gathered through legislation, cases-law and official statistics; and comparative analysis with other jurisdictions. This research finds that the Malaysian occupational death investigation system needs to be reformed as the coronial institution is able to serve as an effective death investigator especially in giving recommendations for the prevention of future similar deaths.
subject: Articles
  topic: section
subject: Occupational Safety
  topic: keywords
subject: Coroner’s Investigation
  topic: keywords
subject: Inquest
  topic: keywords
subject: Prevention of Similar Deaths
  topic: keywords
creator: Noorfajri Ismail
rights: Copyright (c) 2020 International Seminar on Syariah and Law (INSLA)
date: 2020-10-27
publication date: 2020-10-27
starting page: 544
ending page: 553