SALAM Digest: Syariah and Law Undergraduate Symposium
As an intellectual discussion platform for academicians in Syariah and Law, SALAM Digest: Syariah and Law Undergraduate Symposium disseminates the naqli and 'aqli colloquies of Faculty of Syariah and Law, Universiti Sains Islam Malaysia (FSU, USIM) at national level since 2018 from Syariah and Law Undergraduate Sympossium. To enhance its visibility and be globally recognised, SALAM Digest is now available online through this OJS publication system. SALAM Digest, published annually by the esteemed Faculty of Syariah and Law at Universiti Sains Islam Malaysia (USIM), is an indispensable source of knowledge for academics, regulators, and experts in the field of Syariah and Law. With an unwavering dedication to fostering open and critical dialogue, the editorial team actively seeks scholarly papers from diverse disciplines and encourages the application of varied methodologies, ensuring a comprehensive perspective from all corners of the globe.
Faculty of Syariah and Law, Universiti Sains Islam Malaysia
ANALYSIS OF THE FACTORS CAUSING THE DECREASE OF ORGAN DONATION IN MALAYSIA
Organ donation has emerged as a critical issue in recent times, particularly due to the ongoing shortage of available organs. This shortage is largely attributed to the low percentage of individuals pledging to donate their organs. As a result, the insufficient number of organ donors leads to a significant shortage of organs for transplantation. Organ donation remains a vital and effective treatment method for patients suffering from end-stage organ failure. The demand for organ transplants has grown substantially, driven by the success of numerous transplants made possible by advancements in medical technology. However, a severe organ shortage could lead to more individuals being placed on transplant waiting lists, with many dying while awaiting a transplant. This study seeks to investigate the factors contributing to the decline in organ donation pledges. Additionally, it explores the significance of organ donation from an Islamic perspective and examines the relevant Fatwas in Malaysia. The study will also identify the different types of organ donors and propose potential solutions to address the underlying causes of this issue. The findings aim to provide insights into improving organ donation rates, offering recommendations for policies and strategies to promote organ donation in Malaysia.
Copyright (c) 2025 SALAM Digest: Syariah and Law Undergraduate Symposium
A PRELIMINARY STUDY ON THE NEED OF WOMEN’S FIQH MODULE AT REHABILITATION CENTRE IN MALAYSIA
In Malaysia, numerous rehabilitation centres have been established by the government under specific Acts or regulations as part of efforts to rehabilitate delinquent adolescents. Each of these centres operates using different religious modules, which have been developed by experts, experienced professionals, and authoritative bodies. Generally, the modules currently in use provide only a surface-level understanding of women’s fiqh, focusing primarily on Akidah, Ibadah, and Akhlak. According to the latest statistics from the Social Welfare Department in 2021, women are in greater need of protection and rehabilitation than men. The highest incidence involves women who are pregnant out of wedlock, highlighting a lack of religious knowledge. Consequently, this study aims to analyze the necessity of incorporating a women's fiqh module into rehabilitation centres in Malaysia, specifically for women. The methodology employed in this study is qualitative, involving document analysis and a library search. The results of this study are expected to contribute significantly, not only to the centres but also to stakeholders, including Islamic authorities, by advocating for improvements in the care of women trainees. It is hoped that this will enhance the effectiveness of spirituality-related modules in shaping the well-being and empowerment of women trainees.
LEGAL AND ETHICAL IMPLICATIONS OF DIGITAL TRANSACTIONS FROM THE SHARIAH PERSPECTIVE IN MALAYSIA
Digital transaction is the process of exchanging goods, services, or information through electronic means, such as the internet, mobile devices, or block chain. Digital transaction has significant implications for the Islamic finance and economy sector in Malaysia, especially from the Shariah perspective. Shariah is the divine law of Islam that governs all aspects of life, including economic, social, and ethical matters. Shariah aims to achieve justice, fairness, and welfare for all parties involved in any transaction or contract, as well as to attain the ultimate goal of human happiness and success in this world and the hereafter. This paper examines and evaluates the legal and ethical implications of digital transaction from the Shariah perspective in Malaysia. The paper adopts a qualitative and descriptive approach, using various sources of data, such as the laws and regulations, the Shariah principles and rules, the Shariah guidance and rulings, and the web search results, to analyse and discuss the issues and challenges, as well as the solutions, of digital transaction in Malaysia. The paper finds that digital transaction in Malaysia is governed by various laws and regulations, as well as the Shariah principles and rules, that aim to ensure the validity, permissibility, and security of digital transaction, as well as to protect the rights and interests of the parties involved. The paper also finds that digital transaction in Malaysia poses various ethical challenges and opportunities for the Islamic finance and economy sector, which require the parties involved in digital transaction to exercise their moral judgment and responsibility, as well as to consult the relevant authorities and experts, in order to ensure the compliance and alignment with the Shariah principles and values, as well as the relevant laws and regulations, in digital transaction. The paper concludes that digital transaction in Malaysia is a phenomenon that offers various opportunities and challenges for the development and innovation of the Islamic finance and economy sector in Malaysia, and that it is crucial to examine and evaluate the legal and ethical implications of digital transaction from the Shariah perspective in Malaysia, and to ensure the optimal outcomes and benefits for the Islamic finance and economy sector in Malaysia, and for the society at large.
PROVING THE CRIME OF WITCHCRAFT IN SYARIAH COURT IN MALAYSIA: ISSUES AND CHALLENGES
This study provides an abstract survey on the crime of witchcraft in Malaysia, especially in relation to the issues and challenges of proving the crime in the Syariah Court in Malaysia. One of the main challenges found in this study is that the jurisdiction that manages and handles witchcraft-related crimes in Malaysia is still not yet been established. Furthermore, the research problem that exists is related to the guidelines for convicting witchcraft in Syariah courts. Therefore, challenges arise in determine the parameters of the extent to which an offense is identified as a crime of witchcraft. Based on this research, there are several objectives to be achieved, among them are to identify the positive effects of the enactment of laws, Investigating the process of proving the crime of witchcraft in Syariah Court, analyse the issues and challenges in proving the crime of witchcraft and also examining their solutions to address them. This study also uses qualitative methods in obtaining information. While the findings for this study are benefits of witchcraft law, process of proving the crime, challenges in proving the crime of witchcraft and solutions to address issues and challenges. The conclusion that can be made based on this study is that although this crime of witchcraft is a crime that is difficult to prove, it is not impossible to make it happen with joint efforts from various parties. The significant of this research are it can contribute to legal development, community protection and strengthen Syariah legal institutions in Malaysia. Therefore, it will contribute to international scholars in terms of the latest information and data related to witchcraft crimes in Malaysia, challenges and solutions in strengthening the witchcraft crime laws as well as ideas in the implementation of the special body regarding witchcraft crimes.
THE TRANSFORMATION OF IMKAN AL-RU’YAH (CRESCENT VISIBILITY) CRITERIA IN MALAYSIA: CHALLENGES AND SOLUTIONS
This paper examines the Imkan al-Ru’yah method used in Malaysia to determine the visibility of the crescent moon at sunset, marking the beginning of the Hijri month. It explores the criteria for identifying the new moon, the challenges associated with its application, and potential solutions. Through an analysis of crescent sighting practices and local issues, the study highlights the complexities of the method. A review of existing literature evaluates the validity and adaptability of the latest criteria in light of advancing astronomical knowledge. Notably, the study identifies the role of social media in disseminating critical astronomical information to the Malaysian public. This finding underscores the need to integrate traditional methodologies with modern technology to enhance accuracy and accessibility in Hijri calendar determination. Ultimately, the paper emphasizes the evolving nature of astronomical methods and advocates for a balanced approach that harmonizes scientific advancements with established traditions.
THE ROLE OF MAQASID AL-SHARIAH IN MITIGATING DEPRESSION AND PROMOTING MENTAL WELL-BEING IN SOCIETY
In 2019, the Malaysian Ministry of Health recorded that 2.3% of adults and 9.5% of children aged 10–15 experienced mental health issues, with projections indicating a continued increase. Depression, classified as a mental disorder, has been identified as a contributing factor to suicide and a significant impediment to an individual’s productivity and well-being. Mental health disorders can affect anyone, particularly when individuals struggle to regulate their emotions. Such disorders can impair rational thinking and lead to erratic behavior. Statistics on mental health in Malaysia reveal alarmingly high and concerning prevalence rates, influenced by various factors. In this context, Maqasid al-Shariah plays a crucial role in maintaining mental health within society. Maqasid al-Shariah underscores the importance of preserving mental well-being as part of safeguarding religion, which is the foremost principle in its framework. This study employs a qualitative research methodology grounded in data collection and analysis from academic journals, theses, authoritative electronic sources, and other scholarly materials. The primary objective of this study is to analyze the role of Maqasid al-Shariah in mitigating the rising number of suicide cases and, concurrently, to enhance public awareness of effective measures to prevent depression from escalating into a more severe societal issue.
CHALLENGES OF THE SHARIAH COURT IN MALAYSIA: REFORMING ISLAMIC LAWS FROM A SHARIAH PERSPECTIVE
This article highlights the challenges faced by the Shariah Courts in Malaysia, which continue to encounter issues in the application of Islamic law. As Muslims, adhering to Islamic law is both a duty and an obligation that cannot be separated from daily life. Islam strictly opposes any form of tyranny and injustice, ensuring that cruelty is never tolerated. This study also aims to counter the negative perception that Shariah Courts are secondary in terms of power and effectiveness compared to other judicial institutions in Malaysia. Using a qualitative approach, this research relies on secondary sources, including statutory provisions, scholarly articles, and online resources. It examines existing legal provisions and suggests improvements in key areas to establish a more systematic approach to alternative sentencing in the Shariah Courts. The findings of this study reinforce the role of Shariah Courts as a primary legal reference for Muslims in matters such as criminal offenses, marriage, and property disputes. Strengthening the Shariah judicial system ensures that justice is properly administered, and that the Shariah Courts are respected institutions, upheld by all communities. Ultimately, as Islamic law is derived from Allah SWT, it remains the most just and perfect legal system for humanity.
ELIGIBILITY OF NATURAL DISASTER VICTIMS AS ZAKAT RECIPIENTS: AN ANALYSIS FROM A SHARIAH PERSPECTIVE
Malaysia has witnessed an increasing frequency of natural disasters, particularly floods and landslides, which have had devastating effects on communities across the nation. While zakat distribution in some states primarily focuses on the faqīr and miskīn categories, other eligible asnaf, such as al-ghārimūn (debtors), Ibn Sabīl (stranded travelers), and Muallaf Qulūbuhum (those whose hearts are inclined towards Islam), remain underutilized in disaster relief efforts. This limited approach may hinder the full potential of zakat in alleviating hardship among disaster victims. This study examines the potential expansion of zakat eligibility to these additional categories, in line with classical and contemporary Shariah discussions. Using a qualitative research approach, including library research and descriptive analysis, this paper explores the role of zakat as an effective mechanism for disaster relief. The findings highlight the necessity of a more inclusive zakat distribution model that accommodates various asnaf to ensure comprehensive and targeted support for victims of natural calamities. By integrating these additional asnaf into zakat disbursement policies, zakat institutions can enhance their humanitarian role and improve the efficiency of financial aid distribution. Moreover, a structured and well-coordinated zakat allocation system will not only optimize disaster response efforts but also strengthen public awareness regarding zakat’s role in social welfare. This study advocates for a more dynamic and adaptive zakat framework that maximizes the impact of zakat funds in supporting affected communities, ensuring that assistance reaches those most in need in a timely and effective manner.
FARAID AND HIBAH AS ISLAMIC ESTATE PLANNING TOOLS AMONG MUSLIM SOCIETY IN MALAYSIA, THE CONCEPT, IMPORTANCE AND ISSUES
If the rise in the Muslim population is not counterbalanced by a greater awareness and understanding of Islamic inheritance laws, including the process and procedure used in Malaysia to manage the property, the increase in unclaimed inheritance estate, which has reached more than RM 70 billion, will become more critical. In fact, because the heirs are unfamiliar with the property distribution procedure, they have chosen to ignore the current alternatives. Consequently, it may result in issues such as conflicting claims, undeveloped land, complexity of the trial procedure, and the possibility of losing the deceased's documents. Thus, this research aims to highlight the concept including the law governing and its procedure, significance, and related issue of faraid and hibah as Islamic estate planning tools among Muslim society in Malaysia as a mean of resolving inheritance distribution difficulties. Besides, this article applies a qualitative study by scrutinizing the literature descriptively including article journals from several online databases and semi structured interviews with the experts that involves related open-ended and probing questions for the purpose of finding the best and suitable tools of Islamic estate planning for the society according to their needs. Therefore, it is hoped that this article will be able to contribute to an effort of encouraging the Muslim’s society in planning and managing their estate properly.
THE PROTECTION OF CHILDREN’S WELFARE IN UNDERAGE MARRIAGE UNDER THE SYARIAH LAW IN MALAYSIA: AN APRAISAL ANALYSIS
This study examines the protection of children's rights in Malaysia by evaluating underage marriage within the framework of Islamic principles and Syariah Law. Between 2013 and 2018, the Malaysian Syariah Judicial Department recorded 5,823 applications for underage marriage, with 1,856 cases approved by the Syariah Courts. These statistics highlight weaknesses in the judicial system and legal provisions concerning underage marriage and the welfare of affected children. This research adopts a qualitative approach, utilizing library research and content analysis methods to analyze legal provisions, explore Islamic perspectives, and emphasize the need for comprehensive strategies aligned with Syariah principles. The findings stress the importance of strengthening child welfare protections through targeted education, healthcare initiatives, strict enforcement of existing laws, and awareness campaigns to combat child marriage in Malaysia.
APPLICATION OF QAWAID FIQHIYYAH IN THE ISSUE OF THE CULTURED MEAT
Cultured meat remains in the early stages of development and has yet to achieve widespread commercial adoption, particularly in Muslim-majority regions. While ongoing research and technological advancements aim to bring cultured meat to market, its acceptance among Muslim communities is still limited due to religious and ethical concerns. Understanding the religious and cultural perspectives that shape attitudes toward novel food technologies is essential for addressing potential challenges and ensuring ethical integration into Islamic dietary practices. This study aims to critically examine the ethical, religious, and societal implications of cultured meat from an Islamic perspective, with a particular focus on its halal status through the lens of Qawāʿid Fiqhiyyah (Islamic legal maxims). By analyzing existing literature and scholarly discussions, this research provides valuable insights for policymakers, religious scholars, and the scientific community in navigating the permissibility and ethical considerations of cultured meat within Islamic dietary laws. A qualitative case study approach is employed, utilizing secondary data from relevant studies and scholarly works. The findings contribute to the broader discourse on sustainable food production while addressing the religious concerns of Muslim consumers.
REGULATORY FRAMEWORKS FOR CRYPTO ASSETS: COMPARATIVE FIQH STUDY BETWEEN MALAYSIA AND INDONESIA
The purpose of this study is to examine the regulatory frameworks governing cryptocurrencies in Malaysia and Indonesia through the lens of Islamic law (Shariah), this study sought to address the growing need for clarity regarding the compatibility between these digital assets and the principles of Shariah. With technological advancements rapidly changing the way financial transactions are conducted; it became imperative to assess how governments have adapted their regulatory approaches to accommodate the emergence of crypto assets and to ensure the use of crypto assets align with shariah principle. Utilizing a descriptive qualitative research design, this study provided an in-depth examination of the challenges associated with developing the guideline for Shariah compliant crypto assets while also exploring potential solutions for aligning their usage with the principles of Islamic finance. By integrating theoretical and practical perspectives, this investigation shed light upon the complex issues involved in regulating crypto assets under Shariah, ultimately contributing valuable insights towards improving existing policies governing digital assets particularly in the context of Malaysia.
ARTIFICIAL INTELLIGENCE (AI) IN ANSWERING ISLAMIC QUESTIONS FROM SHARIAH PERSPECTIVES
In Malaysia, the use of AI is not foreign at all because it has been introduced and used on a large scale in different fields, in fact, its capabilities can exceed those of ordinary humans. As we know, Artificial Intelligence (AI) is used in a variety of ways and is becoming an extremely important technology for everyone. The integration of artificial intelligence (AI) in Islam also raises intriguing questions and challenges. The purpose of the present study was to explore the definition of artificial intelligence (AI), and to examine whether the AI was permissible from Shariah perspectives. This study also discusses about the existing guidelines in other countries for the use of artificial intelligence in Islam. In this study, the author applies the qualitative research methodology by conducting a literature review, researching Islamic fatwas, and analyzing newspaper articles. The author will be analyzing and interpreting the information found in these sources to understand the perspectives, information, and opinions related to the topic research. As a result, research findings indicate that artificial intelligence (AI) provides significant benefits to humans in various aspect of life such as increased efficiency, improved quality of life, enhanced user experience, and increased accessibility. In Islam, there are many discussions regarding AI, which are some Islamic scholars and intellectuals have expressed their views on AI, with some seeing it as a useful tool in improving human life, while others have concerns about its potential negative impacts. Since there are various views related to the use of AI in answering Islamic questions, this study was conducted to determine the use of AI in answering Islamic questions from shariah perspectives.
زيارة المسلم معابد الكفار في ماليزيا من منظور الفقه الإسلامي والسياسة الشرعية MUSLIMS VISITING NON-MUSLIM TEMPLES IN MALAYSIA FROM THE PERSPECTIVE OF ISLAMIC JURISPRUDENCE AND SHARI'AH POLICY
Malaysia is made up of different religions, Islam, Christianity, Hinduism, Buddhism and others. For this reason, there are many temples in this country, both in cities and villages. In March 2023, a controversy arose over a programme called ‘Let's Visit the Church’. As a result, a few individuals and organisations have banned Muslims from participating in it, while at the same time there are those who allow it. This leads to questions among the community, ‘What is the opinion of Sharia on the ruling of Muslims visiting the temples of infidels?’ This research aims to discuss the different jurists on the ruling of entering the temples of infidels, and then weighing these opinions according to the strength of the evidence and arguments. In addition, this research will be from the point of view of Shari'ah policy, the position that the Malaysian government should take between allowing or forbidding Muslims to visit infidel temples. This research follows a qualitative study approach. To gather information, the researcher uses the inductive method by tracing the opinions of jurists from the four schools of thought in many traditional and Hadith books. He also uses the analytical method in explaining and discussing each of these opinions in detail, and then the deductive method in weighting the opinions of the jurists on the ruling of the visit in terms of the science of jurisprudence and issuing suggestions to the Malaysian government based on the science of Shari'ah policy. One of the findings of the research is that the scholars differed on the ruling of entering the temples of infidels into three opinions: permissible, unacceptable and prohibited. The researcher favours the permissible view over the other two due to the strength and clarity of its evidence and is supported by many of the traditions of the companions and followers. However, from the perspective of Sharia policy, the researcher suggests to the Malaysian government to prohibit Muslim citizens in this country from visiting the temples of infidels without any need, and this prohibition is in accordance with the prevention of harm, the purposes of preserving religion, custom, and the jurisprudential rule; preventing harms is prior to bringing benefits.
THE IMPLEMENTATION OF HAKAM IN SHARIAH JUDICIAL SYSTEM: A CASE STUDY IN SELANGOR
The practice of Hakam serves as a reconciliation process conducted in collaboration with appointed family panels and parties involved in divorce. Hakam also plays a role in obtaining the authority to pronounce talak (divorce) from the husband in the event of failed reconciliation. The issue is the abilities of the party’s representative to resolve disputes on behalf the disputant parties that deals with matrimonial cases. Therefore, the objective of this study focuses on the to identify Hakam from Islamic perspective, the implementation of Hakam in accordance with Shariah principles. The third objective is to examine the effective role of Hakam in resolving cases against disputing parties. The final objective of this study is to analyse the challenges of Hakam in Shariah Judicial System in Selangor and suggesting the resolutions. The methodology employed by the researcher is qualitative research method such as referring to books, journals, case study and interview session with the officer in charge for Hakam in Selangor. The study identifies existing gaps in the implementation of Hakam that can be clarified and refined. Based on these findings, the study proposes recommendations for refining and clarifying the implementation of Hakam in Shariah courts
THE ISSUES OF SHARIA COMPLIANCE IN E-WALLET SERVICES AND PRODUCTS IN MALAYSIA: AN ANALYTICAL STUDY BASED ON MAQASID SHARIA
E-wallet services and product is a component or program in an e-wallet application that provides various functions to its users. The importance of shariah compliance in e-wallet products and services is that it ensures that financial transactions adhere to Islamic ethical and legal principles, fostering trust and inclusivity among Muslim users. The use of this e-wallet began to be widely used when the world was attacked by the covid-19 epidemic because it can be transmitted through physical contact. So the use of e-wallet is highly demanded because it helps to reduce the physical reaction among people while also reducing the risk of being affected by the covid-19 epidemic. So the use of e-wallet, in order to protect the welfare of life and property in line with the concept of maqasid sharia. Maqasid shariah is a discipline of knowledge regarding the purposes and regulations set by God for each of his laws in order to protect the welfare of mankind. This research evaluates the definition and framework Shariah compliance of e-wallet services and products in Malaysia, categorizing them into compliant and non-compliant groups, and examines their alignment with Maqasid Shariah principles, particularly focusing on the preservation of property (Hifz Mal), to understand their impact and justification within Islamic financial ethics. Thus this research use a qualitative method and there are several methodology that had been applied such as library method and interview whether direct and indirect way. Therefore this study's significance lies in assessing the Shariah compliance of e-wallet services and products in Malaysia, enhancing understanding of their ethical role in Islamic finance.
CHALLENGES IN OVERCOME DEVIANT TEACHING IN THE ERA OF DIGITAL TECHNOLOGY: AN ANALYSIS FROM THE PERSPECTIVE OF ISLAMIC AND CIVIL LAW IN MALAYSIA
The development of digital technology is encountering a growing phase whereby it is frequently utilized as a communication tool and information exchange process that provides goods towards society locally and internationally. Along with the advancement of technology it allows the chances of deviant teaching to spread among the society. However, there is no specific law or provision that govern the deviant teaching neither in syariah or civil law to control the deviant teaching cases in Malaysia. Besides that, the objective of this research study is to understand the challenges to overcome deviant teaching through existing syariah and civil law, to analyze the mechanism to restrict deviant teaching in cyberspace based on maqasid syariah and suggest the improvement for syariah and civil law to vanquish deviant teaching in our country. Furthermore, this finding study applies qualitative method that consist of field study and library research such as interview session and reading journal articles. Therefore, it is important to discover the relation between existing laws in Malaysia with the deviant teaching issue that occur in cyberspace whereby the government may exercise the new approach or action to reduce the influence of deviant teaching among society and protect the aqidah of Muslims in our country.
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GENETICALLY MODIFIED FOOD: ANALYSIS FROM MAQASID SYARIAH VIEW AND REGULATORY FRAMEWORK IN MALAYSIA
Genetically modified food (GMF) is one of the advances in biotechnology that has become a contentious issue with strong arguments on both sides. Proponents of GMF highlight its potential benefits, such as increased food production, improved nutritional value, and enhanced crop resistance, while opponents’ express concerns about potential health and environmental risks, along with ethical and socioeconomic implications. Therefore, the Muslim community becomes doubtful whether it is allowed in Islam or not. A detailed qualitative approach based on library research was used to explore those issues, and all data were descriptively examined. Through this research, every genetically modified food product must meet the principles of maqasid syariah while also benefiting human life, health, and finance without neglecting the concept of halalan tayyiban (permitted and clean) and not harming people. It also addresses the Malaysian regulatory framework for ensuring GMF safety for Muslim consumers.
THE LOVE SCAMS FRAUD CYBERCRIME IN MALAYSIA: CIVIL LAW AND SYARIAH PERSPECTIVES
An increasingly common type of online fraud is "love scams," in which con artists create false online personas with victims to take advantage of them emotionally and financially. These frauds frequently prey on people who use the internet to look for love and companionship. They play on their emotions to win over their trust and then take their money. Love scams are not new, in fact, they are an increasingly common issue with devastating consequences by which in 2018 to June 2023, there were over 7,548 documented cases of love scams, with losses totaling more than RM382 million. This study aims to investigate the factors that lead to love scams, modus operandi used by those who commit them and its relation to the Malaysian civil law as well as the solutions to the fallout from love scams from Syariah perspectives. This research uses a multi-method approach to give light on this complicated issue and to create useful solutions that individuals or victims of love scams can use to lessen its negative effects. A review of various literatures was conducted. Articles and legal documents were also examined to identify relevant provisions of Malaysian civil law and Islamic law that relevant to the issue. This paper concludes with the complex realm of love scams, use a multi-method approach to illuminate the techniques used by the perpetrators, the weaknesses they take advantage of, and the applicable civil and Syariah legal frameworks. By examining the relationship between these legal frameworks and the realities of online fraud, this study aims to empower people who are looking for love online and provide potential victims with self-defense resources.
THE POSITION OF TABUNG HAJI UNDER BANK NEGARA MALAYSIA: ISSUES AND CHALLENGES
This article delves into the critical role of Lembaga Tabung Haji (TH) in Malaysia, a pivotal entity dedicated to managing the welfare and financial aspects of Malaysian Muslims undertaking the Hajj pilgrimage. It scrutinizes the unique relationship between TH and Bank Negara Malaysia (BNM), the overarching authority overseeing Islamic financial institutions (IFIs) in Malaysia, with a focus on ensuring Shariah compliance. The study becomes particularly relevant considering the 2018 crisis, where TH's governance was temporarily placed under BNM's oversight, raising questions about the institution's autonomy and regulatory framework. The research adopts a qualitative methodology, drawing on a diverse array of primary and secondary sources, to offer a comprehensive overview of the legislative and jurisdictional landscapes governing both TH and BNM. Key legislations, such as the Tabung Haji Act 1995 for TH and the Central Bank of Malaysia Act 2009 (CBMA 2009) and Islamic Financial Services Act 2013 (IFSA 2013) for BNM, are analyzed to understand their implications on the operations of these entities. A crucial aspect of this study is the exploration of the current challenges and issues confronting TH, particularly in the context of its governance and the potential impact of BNM’s supervision. The findings reveal that while TH operates as a specialized Islamic institution under its own act, BNM serves as the regulatory body for all IFIs in Malaysia. The study further highlights the importance of Hajj, accessible only to those who are financially and physically capable, and notes the financial assistance provided to individuals from the B40 and M40 income groups for the pilgrimage. The article concludes with a critical analysis of the implications of TH's governance under BNM's oversight. It argues that such a shift could lead to political interference in TH's administration and a potential deviation from its foundational purpose – serving the Muslim community's Hajj-related needs – towards becoming a more generalized IFI accessible to all, including non-Muslims. This possibility raises significant concerns about the future direction and integrity of TH as a religious and financial institution.
AN ANALYSIS OF FRAUD AND MISREPRESENTATION OF HALAL LOGO FOR COSMETIC PRODUCTS IN MALAYSIA
Fraud and misrepresentation of the Halal logo for cosmetic products pertains to the deceptive or misleading use of the Halal logo on cosmetic products within the Malaysian market as a predominantly Muslim country whereby the Halal certification holds religious significance for Muslim consumers. This offence raises concerns regarding the authenticity and compliance of cosmetic products with Halal standards. The misuse of halal logos and certificates such as displaying logos not accredited by JAKIM has caused confusion among Muslim consumers, leading to a decrease in trust in the Malaysian halal logo. As a result, Muslim consumers may unknowingly purchase non-halal products and potentially expose themselves to harmful ingredients. Thus, the primary objective of this research is to analyze the offences associated with the Halal logo on cosmetic products while examining the agencies and authorities involved in Halal implementation and evaluating the regulatory framework governing the issuance of Halal logos for cosmetics in Malaysia. Utilizing a qualitative method, including articles and journals, standards and regulations that existed, in addition to relevant case studies, the research was seeking in-depth understanding of Halal certification and the problem of fraud and misrepresentation of Halal logo for cosmetic products. The findings indicate consumer awareness regarding these deceptive practices is found to be limited, emphasizing the need for increased transparency and education. Hence, proposes recommendations to implement stricter regulations and enforcement mechanisms to deter and penalize fraudulent activities while protecting religious sensitivities.
THE APPOINTMENT OF THE FEMALE SYARIE JUDGES IN SYARIAH COURT IN MALAYSIA: CHALLENGES AND RECOMMENDATION
The appointment of female judges in Malaysia has been debated since 2016. Previously, in Malaysia, women had to overcome significant challenges of being on the bench in the Syariah court system as a national fatwa prohibited women from being appointed as judges. It took over two decades for the National Fatwa Committee to overrule its previous decision allowing women to be appointed as Syariah court judges provided that they met the qualification requirements. Thus, this paper examines the extent of a woman's eligibility to become a judge from the perspective of syariah and the Malaysian legal framework. In addition, this paper also identifies the challenges faced by female syariah court judges in Malaysia and proposes several recommendations to overcome these challenges. In this study, a qualitative methodology was employed to analyze the data through a case study and content analysis method. For the case study approach, make observations on case law related to this research topic and for content analysis, the data obtained in the form of a document or text are analyzed using content analysis. The findings indicated that there are three views on the appointment of female judges in Syariah court: total prohibition, permissible for all cases, and permissible except for Hudud and Qisas. The challenges that will be faced as a female syarie judge are complex and challenging cases, many cases, and public perception. Among the proposed recommendations are to consult with experts, establish specialized courts, and actively advocate for gender equality. This research has the potential to improve access to justice for women in Malaysia and promote more inclusive and equitable legal system.
FIQH REGULATIONS FOR NATURAL DISASTERS: METHODS OF PERFORMING PRAYER IN CRITICAL SITUATIONS
Natural disasters, occurring in various forms such as earthquakes, hurricanes, floods, and tornadoes, have repeatedly placed people in critical situations, often resulting in loss of life, possessions, and homes. Every natural phenomenon is decreed by Allah SWT to occur within divine wisdom. Despite the struggles faced during such crises, Muslims are obligated to continue performing prayers, as it is a fundamental pillar of Islam. However, Allah SWT, in His mercy, has provided rukhsah (concessions) for those experiencing hardship. According to the Islamic Legal Maxim Al-Masyaqqah Tajlibu Al-Taisir (“Hardship begets Facility”), difficulty serves as a basis for easing obligations, allowing Shariah to be adapted through leniency and lightening requirements in challenging situations. Islam has therefore established specific regulations and guidelines for performing prayer under duress. This research, in the context of Fiqh Disaster, focuses on the application of ablution, tayammum, and al-jabirah, as well as the practice of combining prayers (jamak) under conditions of masyaqqah (hardship). This study acknowledges the practical challenges individuals face during natural disasters and explores how Islamic jurisprudence provides accommodations to ensure religious obligations can still be fulfilled. It highlights the adaptability of Islamic teachings to real-life situations, emphasizing compassion and understanding in the face of adversity.
HALAL CERTIFICATION FOR IMPORTED MEAT IN JOHOR: AN OVERVIEW OF STANDARD OPERATING PROCEDURES AND COMPLIANCE CHALLENGES
The development of the Halal industry in Malaysia, particularly in providing Halal food, is increasingly recognized as an important sector, especially in the production of Halal meat products. Jabatan Kemajuan Islam Malaysia (JAKIM) and Jabatan Agama Islam Negeri (JAIN) have been established to ensure that products meet Halal standards and Syariah guidelines. As a Federal Government agency, JAKIM holds the authority to supervise matters related to Halal certification in Malaysia. However, despite the oversight of JAKIM and JAIN in managing Halal industry operations, this sector continues to face various challenges in ensuring that each product fully complies with Halal and Syariah standards. In 2021, a significant issue arose involving a meat company in Johor that illegally used a fake Halal logo and misrepresented Halal certification without proper approval from the Australian Halal certification body. This incident raised questions regarding the efficiency of the Standard Operating Procedures (SOPs) for Halal certification, especially concerning imported meat products. This article aims to describe the concept of Halal, explain the SOPs for Halal certification of imported meat, analyze the challenges in maintaining compliance with these SOPs, and propose solutions to enhance adherence. The methodology adopted for this research includes a qualitative approach involving library research and case study analysis, drawing on data and information from journals, books, and statutes related to Halal certification. The findings reveal that certain entrepreneurs still fail to comply with the Halal certification SOPs due to various challenges faced by authorities in enforcing compliance. Finally, the study highlights recommendations for improving the standards of Malaysian Halal certification to address these compliance issues.
POLYGAMY IN MALAYSIA: ENSURING SETTLEMENT OF THE FIRST WIFE’S MATRIMONIAL PROPERTY BEFORE REGISTERING A SUBSEQUENT MARRIAGE
In Malaysia, the Islamic Family Law Enactments provide the legal framework for both husbands and wives to claim matrimonial property, with heirs also eligible to claim in accordance with Sharia if the rightful owner has passed away. Such claims may arise under three circumstances: death, divorce, or polygamy. In cases of polygamy, the first wife has the right to claim her share of matrimonial property from her husband. However, procedural challenges often prevent these claims from being effectively pursued, as the process requires the wife to attend court during a time of emotional strain. Consequently, many choose to forgo their rights to marital property. This study aims to examine the legal provisions governing matrimonial property claims in polygamous contexts and to analyze the adverse impacts when such claims remain unresolved. The study proposes procedural improvements to facilitate the settlement of the first wife’s matrimonial property rights before the husband registers a subsequent marriage, thereby offering a more supportive legal process for affected parties.
THE IMPACT OF WITCHCRAFT ON TALAQ: AN ANALYSIS FROM ISLAMIC PERSPECTIVE AND APPLICATION IN SYARIAH COURTS OF MALAYSIA
In Malaysian culture, witchcraft is not a recent phenomenon. As a result, there is a claim that witchcraft was used to ruin the marriage of husband and wife. Such cases in fact occur as grounds for divorce between husband and wife in Syariah Courts of Malaysia. It has been challenging for the judges to take into consideration and determine the veracity of the claim because there were no specific legal laws as guideline to conduct the claim of witchcraft in divorce. Until this day, the issue has become the discussion of scholars to find a solution to the issue of divorce on the grounds of witchcraft. The objective of this paper to explain witchcraft from Islamic view as well as the opinion of Islamic scholar in determining the ruling of talaq involving this witchcraft. This paper will also discuss how a claim of witchcraft can be proved in a Syariah Court of Malaysia when it’s come to the divorce case. By referring to several cases, this study will analyze Syara's opinion on the ruling of divorce due to witchcraft and to what extent it can be applied as a defense in a divorce case. This study is vital to help judicial institutions in providing fairness and protection to couples who are affected by witchcraft. This study will make cases conduct more orderly and equitable as well as getting proper defense and justice to the spouses.
THE IMPLICATION OF NIKAH MISYAR: A CASE STUDY IN MALAYSIA
Misyar Marriage, a non-traditional form of marital contract, has gained attention within the Malaysian Muslim community due to its flexible nature, allowing couples to waive or modify certain marital obligations, such as cohabitation and financial support. While this arrangement offers an alternative to conventional marriage, its compatibility with Syariah Law and its impact on the institution of marriage in Malaysia remain subjects of significant debate. This research examines the legal status of Misyar Marriage under Malaysian Syariah Law, exploring whether it aligns with Islamic principles and the extent to which it is practiced. Additionally, the study analyzes the implications of Misyar Marriage on family dynamics, considering potential challenges such as the erosion of marital stability and the welfare of children born from such unions. By reviewing legal texts, scholarly interpretations, and real-life cases, this research aims to provide a thorough understanding of Misyar Marriage’s place within Malaysian society. The findings seek to contribute to the ongoing discourse by offering recommendations for more balanced and sustainable practices, ensuring that any adaptation of Misyar Marriage within Malaysia remains in harmony with the core values of Islam and supports the well-being of families.
THE IMPACT OF EUTHANASIA ON THE HEALTHCARE SYSTEM: A COMPARATIVE STUDY BETWEEN MALAYSIA AND THE NETHERLANDS
Euthanasia is the intentional act of causing the death of a person who is suffering from a terminal illness, usually at their own request. It is a controversial topic, with strong arguments for and against it. This study compares the legal framework governing euthanasia and endoflife in Malaysia and the Netherlands, as well as the ethical considerations and principles in Shariah law related to end-of-life decisions and euthanasia in these two countries. It also examines the effects of euthanasia on patient care, including the provision of palliative care and end-of-life support services. In Malaysia, euthanasia is strictly prohibited. The Malaysian government's position is that euthanasia is a violation of the sanctity of life and that it could lead to abuse. In the Netherlands, euthanasia is legal under certain conditions, such as if the patient is terminally ill and experiencing unbearable suffering. The study found that the legalization of euthanasia could have both positive and negative effects on the provision of patient care. On the one hand, it could lead to an increase in the availability of resources for palliative care and end-of-life support services. On the other hand, it could lead to a decrease in the quality of care for patients who are not eligible for euthanasia. The study concludes that the debate over euthanasia is complex and there is no easy answer. It is important to consider all of the potential effects of euthanasia before making a decision about whether or not to legalize it. More research is needed to fully understand the effects of euthanasia on patients, families, and society as a whole.
LEGAL VALIDITY OF AI EVIDENCE IN CRIMINAL CASES WITHIN SHARIAH COURT OF MALAYSIA
The use of Artificial Intelligence (AI) technology, including AI algorithms and digital evidence such as CCTV footage, has become increasingly prevalent in legal proceedings. This trend raises questions about the validity and admissibility of AI-generated evidence in Shariah court proceedings. While specific guidelines exist for the use of evidence in Shariah courts, the application of AI technology in this context requires careful scrutiny to ensure justice for all parties involved. This study aims to examine the legal validity and admissibility of AI-generated evidence within the framework of the Shariah Court Evidence Enactment of Malaysia. The research employs a qualitative methodology, primarily involving a comprehensive literature review of relevant scholarly articles. Additionally, semi-structured interviews with experts in AI and Islamic law are conducted to gather insights on the legal validity of AI evidence in Shariah criminal proceedings. Findings suggest a potential connection between AI-generated evidence and the types of digital documents and evidence already recognized in the Shariah court enactment. This connection may provide a basis for considering the validity and admissibility of AI-generated evidence in Shariah courts. The research aims to contribute to the alignment of legal proceedings with the principles of fairness and transparency inherent in Islamic jurisprudence. By addressing the challenges and opportunities presented by AI technology in Shariah courts, this study seeks to reinforce public trust in the legal system while ensuring adherence to Islamic legal principles.
LEGAL IMPLICATION OF UNREGISTERED POLYGAMOUS MARRIAGES WITHOUT COURT PERMISSION IN NEGERI SEMBILAN
All Muslim countries, including Malaysia, have struggled with the issue of polygamous marriages. Due to the instability of families in society caused by individuals who misuse the authority granted by the Quran, a special rule regarding polygamy has been enacted in the Islamic Family Law. Cases involving polygamous marriages without court permission are one kind of case that arises regularly in the Syariah High Court. In keeping with the goals of Syariah, the court introduced a method that that fundamentally preserves each polygamous couple's rights and obligations. If a man is previously married, he cannot marry another woman without the court's approval. The principal aim of this study is to increase consciousness regarding the need to safeguard the rights of co-wives and their children in unregistered polygamous marriages. Being unaware of unregistered polygamous marriages puts the majority of co-wives and children in this position at risk of persecution. Additionally, this article aims to investigate the legal implications of unregistered polygamous marriages without court permission for co-wives and children in Negeri Sembilan. Determining and assessing the level of knowledge and practice of polygamy among Malaysian polygamous spouses is essential to safeguarding the rights that ought to be obtained. Thus, this research refers to actual case law from Syariah High Court, Negeri Sembilan and the enactment of the Islamic Family Law (Negeri Sembilan) Enactment 2003, which will determine how compatible they are. In doing so, to avoid misconceptions under Islamic Law, a husband should register a polygamous marriage to support legal co-wives. Addressing maintenance, inheritance and legitimacy of children requires formal registration for a legally recognized marriage certificate in Malaysian law.