Husband-Wife Income Sharing from al-Ma’ruf Perspective
Azhar Abdul Aziz1*, Siti Khadijah Ab. Manan2, Baterah Alias3, Wan Ismail Muhamad4
Academy of Contemporary Islamic Studies (ACIS), Universiti Teknologi MARA, 40450 Shah Alam, Malaysia
Current scenario has indicated that the number of women going to work is increasing and cases of wives having more incomes than their husbands are common. This has led to a question of whose responsibility is the expenditure of a family, particularly when the husbands are having lesser incomes. The concept of income sharing between husband and wife is seen as a solution to the issue. This study attempted to examine the al-ma’ruf concept of income sharing from the view of the scholars. The survey method was then adopted to examine the current practice of income sharing under the al-ma’ruf concept. Finding of the study showed that a significant number of husbands neglect their responsibilities to bear the financial rights of the wives, thus non-complying the ma’ruf concept. The study proposed for the husbands to strive harder in fulfilling their responsibilities to finance the expenditure of the family.
Keywords: Al-ma’ruf, Had kifayah, Income sharing, Nafqah.
Matrimonial Property Division through Philanthropic Settlement
Noorul Huda Sahari1*, Najibah Mohd. Zain2, Siti Khadijah Ab. Manan3, Rafeah Saedon4, Nurhidayah Muhd Hashim5
1,3,4,5Academy of Contemporary Islamic Studies, Universiti Teknologi MARA, 40450 Shah Alam, Malaysia
2Ahmad Ibrahim Kulliyah of Law, International Islamic University Malaysia, 50728 Gombak, Kuala Lumpur
This study aims to examine the practice of sulh (mutual agreement) in dividing matrimonial asset after divorce, upon the death of a spouse and polygamous marriage. The study adopted qualitative method where analysis is conducted on a purposive sampling of unreported cases collected within the period of 2000-2012. The samples are collected from six zones representing Shariah Courts in Malaysia. Analysis on the sampling is made based on several variables such as the types of matrimonial property, factors for consideration and proportion of distribution of the assets. This study discovers that philanthropic element of kindness, gift and generosity has been implemented in the majority of cases involving claims of a matrimonial property when they are practically settled by way of sulh (amicable settlement). In determining the division through sulh, the parties is in fact more generous when dealing with the interest of children to the level that the husband is willing to transfer the whole interest in the asset to the existing wife who is rarely achieved in other litigation processes. The parties also voluntarily waive each party right by granting the matrimonial asset as a gift to the children. This study suggests that the mutual consent on proportion of asset by way of sulh to be widely practised when dealing with the division of matrimonial assets to promote harmonious settlement and to prevent a costly and lengthy litigation process. This study suggests for specific governing mechanism in ensuring the establishment of justice among the disputing parties.
Keywords: Division, Matrimonial Property, Philanthropic Settlement
Justification for State Intervention in Family Matters: An Analysis from the Context of Islamic Jurisprudence
Rafeah Saidon1*, Zaleha Kamaruddin2, Mahamad Arifin3, Norliah Ibrahim4, Noorul Huda Sahari5
1,5Academy Contemporary Islamic Studies (ACIS), Universiti Teknology MARA (UiTM), 40450 Shah Alam, Malaysia
2Rectory Office, International Islamic University Malaysia (IIUM), Gombak, Kuala Lumpur
3,4Ahmad Ibrahim Kuliyyah of Laws (AIKOL), International Islamic University Malaysia (IIUM), Gombak, Kuala Lumpur
Can the State intervene in family life? Arguments for State intervention in family life usually contend with arguments that emphasise the right of the family to integrity and freedom from State encroachment. Studies have shown that there is a no-end debate on this issue. In view of that, this paper examines the justification of State intervention in family matters from the perspective of Islamic jurisprudence. For this reason, several Shariah principles and rulings are analysed to justify the state intervention and its limitations. As this writing is a conceptual paper, the method used primarily is based on library research, where references comprise extensive literature in the form of books, journal articles, relevant statutes, verses from the Quran and the traditions of the Prophet and his companions. It is found that, being the highest authority entrusted by Allah SWT to sustain the order of the community particularly the family institution, the state has the right to intervene in family matters by imposing both legal and non-legal mechanisms for the purpose of safeguarding the family as intended by Allah SWT. A number of justifications is highlighted in this paper to denote the discretionary power of the State in interfering in the family matters of its citizens.
Keywords: Family matters, Islamic jurisprudence, State intervention
Shariah Principles of Sukuk Structure in Islamic Capital Market
Norlela Kamaluddin1 and Siti Khadijah Ab. Manan1*, Fadzlan Sufian2 and Shila Nu Nu Htay2
1Academy of Contemporary Islamic Studies (ACIS), Universiti Teknologi MARA, 40450 Shah Alam, Malaysia
2IIUM Institute of Islamic Banking and Finance (IIiBF), IIUM. 205A, Jalan Damansara, 50480 Damansara Heights, Malaysia
*Corresponding Author E-Mail: sitik274salam.uitm.edu.my
Malaysia as the pioneer of Sukuk has captured the global Sukuk share market positively and has a successful track record in innovating and commercializing many shariah-compliant products. Nevertheless, the literatures on Sukuk are far than enough particularly its theoretical aspect. This paper explains the definition and importance of Sukuk and the comparison between Sukuk and bond. Furthermore, the shari’ah principles in structuring Sukuk, namely profit sharing principles of Mudarabah and Musharakah; sale based principles of Murabahah, Bay’ Bithaman Ajil, Salam and Istisna’ and hire purchase principle of Ijarah will be described. This paper indicates that a continuous innovative and creative Sukuk structures are needed in order to protect the sustainability of Islamic financial sources.
Keywords: Sukuk, profit-sharing principles, sale based principles, hire purchased principle
Altruism: It’s Importance in Sustaining Microfinance Development
Siti Khadijah Ab Manan1*, Mohd. Faizal Kamarudin2, Nor Effuandy Pfordten Mohd. Saleh3
1*Accounting Research Institute (ARI) & Academy of Contemporary Islamic Studies (ACIS), Universiti Teknologi MARA, 40450 Shah Alam, Malaysia
2Faculty of Business Management, Universiti Teknologi MARA, 40450 Shah Alam, Selangor, Malaysia
3Faculty of Business, Universiti Selangor, 40000 Shah Alam, Selangor, Malaysia
Sustaining microfinance institutions is important in ensuring that the sources of capital of the smaller and micro enterprises could be maintained. This paper examined the important role of altruism in sustaining the progress and development of microfinance institutions. Using qualitative method of study, this article presents the relative importance of altruism in facilitating the development of Islamic microfinance. The practice of IMF in Malaysia and Indonesia was discussed comparatively to give an outlook on the importance of altruism in ensuring the sustainability of microfinance institutions. The study indicated that being aware and understanding this would help the policy makers and practitioners in designing fundraising strategies for this inherently less popular project.
Keywords: Altruism, Micro financing, Micro-Takaful
Application of Critical Thinking in Teaching Islamic Subjects
Syuhaida Idha Abd Rahim1*, Siti Noorbiah Md Rejab 2, Mohd Dani Muhamad 3
1,2,3 Academy of Contemporary Islamic Studies (ACIS), Universiti Teknologi MARA, 40450 Shah Alam, Selangor, Malaysia
This study examined the application of critical thinking in teaching Islamic subjects at the campus of Universiti Teknologi MARA Puncak Alam. The sample of this study consisted of students from various faculties. Based on specific characteristics, the researchers used stratified random sampling to draw the samples. In particular, the study examined respondents’ perception on critical thinking towards the teaching approaches and methods in teaching critical thinking. Using questionnaire as instrument, this study probed on respondents’ view on their lecturers’ teaching practices in the aspect of critical thinking. The researchers employed descriptive statistics to analyse the collected data. Findings indicated that the majority of the respondents have positive perceptions on critical thinking. Most of them believed that their lecturers practiced critical thinking in the classroom. They agreed that the use of critical thinking will enhance their success in the off-the-campus activities. Nevertheless, this study does not capture details of the lecturers' actual practices in teaching critical thinking to their students. Perhaps further study using qualitative methods such as classroom observations and interviews with the lecturers would better explain such application of critical thinking in the lecturers' method of teaching.
Keywords: Application, Critical Thinking, Critical Thinker
Kerangka Fiqh Kepenggunaan dan Rekonstruksinya Di Malaysia
Mohd Hapiz Mahaiyadin1*, Muhammad Rahimi Osman2
1Akademi Pengajian Islam Kontemporari (ACIS), Universiti Teknologi MARA, Pulau Pinang
2Akademi Pengajian Islam Kontemporari (ACIS), Universiti Teknologi MARA, 40450 Shah Alam, Malaysia
This paper discusses some of the important principles that form the framework of fiqh consumerism. It should be used as a basis for regulating all activities that utilise natural resources consisting of animals, plants, liquids, minerals, chemicals and microorganisms. The framework reveals the categories of lawful and unlawful sources and emphasises the importance of ihtiyat (careful and coutious) in the use of dubious sources. Rulings relating to the permissibility of consuming unlawful sources in the state of emergency (dharurah) is also elaborated to highlight the beauty of fiqh in solving any difficulty that inflicts one’s life. In other words, the paper emphasises that rulings on fiqh consumerism as discussed and deduced by the fuqaha’ would apparently bring facilities and easiness to people. They are indeed in conformity to the maqasid al-shariah (objectives of shariah) that safeguards the essential qualities of human life comprising of religion, soul, lineage, intellect and property.
Keywords: Ihtiyat, Fiqh Consumerism, Maslahat, Muharramat
Kemahiran Kejuruteraan Perahu Melayu: Keahlian Jurubinanya Berdasarkan Teori Malakah Ibn Khaldun
Pisol Bin Maidin1*, Thuraya Binti Ahmad2
1,2Akademi Pengajian Islam Kontemporari (ACIS),
Universiti Teknologi MARA (UiTM), 40450 Shah Alam, Selangor, Malaysia
One of the significant landmarks in a civilised society is the contribution of its artisans in producing artifacts. Not only that they could enrich the national cultural heritage but also would contribute in the growth of the nation’s economy. Producing a cultural heritage like traditional boat needs a combination of selected woods, skilled craftsman and its related technological know-how. Apparently, this skilful craftsmanship could not sustain until today if it was not because of the craftsmanship itself and the conducive surroundings supporting the continuity of the art. Ibn Khaldun in his foremost masterpiece al-Muqaddimah emphasises the important role of craftsmen in building a civilisation. Through a prism of a Malakah theory introduced by Ibn Khaldun, this paper attempts to analyse the performance attributed to Malay carpenters in the engineering of boatbuilding and future prospect for the heritage. Apart from internal factors relating to the realm of carpenters and their tradition of the craftsmanship, other external environmental factors are obviously essential for the sustainability of the Malay boatbuilding craftsmanship.
Kata kunci: Boatbuilding craftsmanship, Civilisation, Malakah, Malay Technology
Mekanisma Istibdal dalam Pembangunan Tanah Wakaf di Terengganu
Mohd Afandi Bin Mat Rani
Akademi Pengajian Islam Kontemporari (ACIS), Universiti Teknologi MARA (UiTM), 40250 Shah Alam Selangor.
The acquisition of wakaf land by the authority body is considered ijtihadiyah matter in fiqh. It is based on the concept of maslahah ‘ammah and istibdal. Rulings relating to wakaf istibdal has not been addressed specifically by Muslim scholars in their literature. Whereas, the practise of waqaf istibdal has long been implemented in Malaysia by the authirised body for the sake of economic development. Hence a study is necessary to examine such practise and the specific rulings relating to it. This study, therefore attempts to see the istibdal as mechanisme to sustain the perpetuity of wakaf land acquired by the state authority. A case study has been conducted at Majlis Agama Islam and Adat Istiadat Melayu Terengganu (MAIDAM). Several principles and istibdal methods applicable in Islamic law have been suggested in this study. It is believed that they would be able to mould towards a dynamic and comprehensive sustainable fiqh wakaf consistent with the current development in this country.
Keywords: Fiqh, Istibdal, Maslahah ‘Ammah, Wakaf Istibdal.
جهود مقابلة النسخة المخطوطة الوحيدة مع النسخة المطبوعة: حلول عند عدم رجحان إحداهما، تحقيق الجامع الكبير نموذجًا
The endeavours attained in treating Islamic manuscripts as proper as they deserve are obvious among academicians, for being predominantly well-preserved in related entities. Furthermore, the fraternity of Islamic philologists added another feather to their hat for holding steadfastly to editing the legacy of texts, one after another. Routinely, once each philologist intends to edit a scripture, he is required to be in access to all surviving versions of it. Out of the common, there is occurrence of dealing with a sole version. This paper will delve into the deep exemplified by an attempt achieved in editing 403 hadith of Musnad Ali ibn Abi Talib under the Division of Doings from the book al-Jami’ al-Kabir by al-Sayuti. The fraction of the colossal masterpiece is a ground for the case mentioned which the author herself had edited it with assistance of improper transcript. In an attempt to raise the matter from blur to clear, this paper carries out an analytical study on the predicaments derived from flaws of both sides which undoubtedly require alternatives. This filling of gaps accentuates the importance of proficiency in terms of language, field and ropes of the manuscript combined with traits of patience, sincerity and well-observance.
Keywords: Philology, Sole Version, Solutions, Transcript