Jurnal Fiqh
type: channel
description: <img src="[binary]" /> Jurnal Fiqh (ISSN: 1823-089X; e-ISSN: 2289-7518) is a refereed journal published by the Department of Fiqh-Usul and Applied Sciences, Academy of Islamic Studies, Universiti Malaya (formerly known as Department of Fiqh and Usul, Academy of Islamic Studies, Universiti Malaya). Since 2020, the journal has been published twice a year. Its main objective is to provide an academic forum for the discussion of issues related to Fiqh, Usul al-Fiqh, Contemporary Fiqh and Maqasid al-Shariah. Scopus Abstracting and Indexing: A Milestone for Jurnal Fiqh Jurnal Fiqh is proud to announce its acceptance for indexing in Scopus, starting in May, 2025. This marks a significant milestone in the journal’s commitment to academic excellence and global scholarly impact.
publisher: Department of Fiqh and Usul, Academy of Islamic Studies, University of Malaya
language: en
publication name: Jurnal Fiqh
issn: 1823-089X
items: Prinsip Fiqh Dalam Penyebaran Maklumat Berasaskan Kecerdasan Buatan (AI) Di Media Sosial
items: Constructing Legal Reasoning: A Historical Assessment of Fatwa Literature from the 4th to 19th Century
items: Afasia Pasca-Strok dan Implikasinya Terhadap Interpretasi Ketempangan Akal Menurut Uṣūl Al-Fiqh
items: Sokongan Majikan Dalam Pematuhan Tuntutan Beridah Ke Atas Wanita Bekerjaya Kematian Suami
items: The Legality And Social Consequences of Ziwaj Urfi in Modern Muslim Societies
items: Unification of Hijri Calendar Under One Maṭla’ : A Case Study of MABIMS Through the Lens of Islamic Jurisprudence and Astronomy
items: Tanggungjawab Perubatan dalam Pembedahan yang dibantu Robot Menurut Perspektif Etika Islam dan Fiqh
items: Analisis Ketepatan Aplikasi Kiblat dalam Play Store dan Apple App Store
items: حكم التدخلات التقنية بغرض إطالة عمر الإنسان وتأخير مظاهر الشيخوخة في الفقه الإسلامي
items: Persamaan dan Perbezaan dalam Penyembelihan Agama: Islam (Dhabiḥa) Dan Yahudi (Shechita)
items: دور التشريع الجنائي في مكافحة التحرش الجنسي الإلكتروني دراسة مقارنة بين الفقه الإسلامي والقانون الكويتي
items: Al-Taftāzānī’s Discussion on The Nature of Man Sine Qua Non (Essential) to The Mukallaf in The Science of Uṣūl Al-Fiqh
items: Exploring The Ethical Governance of Artificial Intelligence from An Islamic Ethical Perspective
items: Fatwa Bahthul Masail Nahdhatul Ulama dalam Penggunaan Ubatan Penundaan Haid Di Bulan Ramadan dari Perspektif Maqāṣid Al- Sharīʿah
items: Istiṭāʿah Dalam Ibadah Haji: Analisis Terhadap Sistem Penggiliran Haji Malaysia
items: من منظور الشريعة الإسلامية: دراسة فقهية تحليلية (BNPL) تقييم خدمات اشتر الآن وادفع لاحقًا
items: Analisis Kitab Kaifiyyah Mengadakan Wakaf Muslimin Karangan Syeikh Junid Tola (M.1948)
items: حكم الصلاة على أجزاء الميت في الفقه الإسلامي
items: في ماليزيا: دراسة تحليلية تطبيقية (GLC) الزكاة على الشركات المرتبطة بالحكومة
items: METODOLOGI HUKUM ISLAM MENURUT ALIRAN DEOBANDI DI MALAYSIA
items: SEWAGE WATER TREATMENT AND ITS EFFECT ON THE CLEANLINESS OF WATER: A REVIEW FROM ISLAMIC AND SCIENCE PERSPECTIVE
items: المصلحة العامة وضوابطها في المعاملات المالية والتطبيقات المصرفية المعاصرة
items: ELEMEN KEBERTANGGUNGJAWABAN RUMAH TANGGA MENURUT PERSPEKTIF ISLAM
items: NUPTIAL AGREEMENT IN MUSLIM MARRIAGE: A JURISTIC ANALYSIS
items: دراسة فقهية تحليلية :(NFT) الاستثمار في الرموز غير قابلة للاستبدال
items: التكوين العلمي لابن باديس وأثره التجديدي في مجال التعليم بالجزائر: (1913-1940 )
items: القتل الرحيم دراسة مقارنة بين القانون الوضعي والتشريع الإلهي
items: POLEMIK AMALAN KHITĀN WANITA DI MALAYSIA MENURUT PERSPEKTIF ISLAM: SUATU KAJIAN AWAL
items: ANALISIS KOMPUTASIONAL APLIKASI SUN COMPASS DALAM PENENTUAN ARAH KIBLAT MUSLIM
items: القواعد الثلاثة في فكر عبد المقسط غزالي: دراسة تحليلية نقدية

Prinsip Fiqh Dalam Penyebaran Maklumat Berasaskan Kecerdasan Buatan (AI) Di Media Sosial
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description: The advancement of Artificial Intelligence (AI) has significantly reshaped the production and dissemination of information on social media, where automated systems increasingly generate, filter, and amplify content. This development raises important fiqh-related concerns regarding source authenticity, user responsibility, and the ethical implications of AI-generated information. This study examines these issues through core Shariah principles, including justice, trustworthiness, accountability, and publicinterest (maṣlaḥah ʿāmmah). Using a qualitative document analysis approach, the study reviews classical and contemporary fiqh literature, fatwa resolutions, Islamic digital ethics scholarship, and recent research on AI technologies. The findings identify three key AI characteristics with direct fiqh implications: automated generation of textual and visual content, algorithmic curation that shapes information visibility, and the production of synthetic or unverifiable material. These characteristics contribute to challenges such as weakened information authority, over-reliance on automated systems, and heightened risks of misinformation. The study concludes that the application of al-tabayyun and al-iḥtiyāṭ is essential when engaging with AI- generated content. It further argues for the development of a structured fiqh framework to guide ethical, responsible, and accountable information practices within AI-driven social media environment.
subject: Articles
  topic: section
creator: Khairul Azhar Meerangani
creator: Muhammad Safwan Harun
creator: Muhamad Sayuti Mansor
rights: Copyright (c) 2025 Jurnal Fiqh
date: 2025-12-29
publication date: 2025-12-29
starting page: 235
ending page: 261
doi: 10.22452/fiqh.vol22no2.2

Constructing Legal Reasoning: A Historical Assessment of Fatwa Literature from the 4th to 19th Century
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description: Fatwa literature represents a vital tradition in Islamic jurisprudence, functioning as a dynamic mechanism of legal reasoning. This paper offers a historical study of fatwa literature, examining how legal reasoning developed from the 4th to the 19th century, with particular emphasis on the Ḥanafī school. Drawing on a range of key classical sources, including Kitāb al-Nawāzil, al-Fatāwā al-Sirājiyya, and Fatāwā Qādīkhān, this study examines how fatwa methodology evolved, emphasizing principles of legal preference (tarjīḥ), hierarchical reasoning, and the ethical and scholarly qualifications expected of a muftī. The study highlights how early jurists formulated structured principles for issuing fatwas, navigated intra-madhhab differences, and balanced doctrinal consistency with responsiveness to social realities. Developments in other Sunni schools are also assessed to provide a broader comparative context. The findings suggest that fatwa literature played a central role in shaping Islamic legal reasoning, offering tools that remain valuable for contemporary jurisprudential challenges. The findings demonstrate that the methodologies, ethical frameworks, and textual hierarchies developed in the classical fatwa tradition continue to offer relevant tools for addressing contemporary issues in Islamic law. As such, the historical assessment presented in this paper contributes not only to our understanding of the legal in the past, but also to the ongoing conversation on how to responsibly engage Islamic legal heritage in the modern world.
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creator: Hadi Sofuoğlu
creator: Iskandar Iskandar
rights: Copyright (c) 2025 Jurnal Fiqh
date: 2025-12-29
publication date: 2025-12-29
starting page: 262
ending page: 292
doi: 10.22452/fiqh.vol22no2.3

Afasia Pasca-Strok dan Implikasinya Terhadap Interpretasi Ketempangan Akal Menurut Uṣūl Al-Fiqh
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description: Post-stroke patients often experience cognitive impairment, with aphasia being one of the most common manifestations in acute until chronic phase. Aphasia, a language disorder caused by brain injury, impairs speech production, word retrieval, sentence construction, and comprehension. In uṣūl al-fiqh, speech ability significantly affects the determination of a Muslim’s status as a mukallaf, particularly under ‘awāriḍ al-ahliyyah classifications such as al-‘aṭah and al-junūn, which may exempt one from taklīf if speech becomes incoherent and resembles both sane and insane discourse. This study examines the implications of aphasia for interpreting cognitive impairment from both medical and uṣūl al-fiqh perspectives. Using a qualitative approach, data were collected through literature review and interviews and analysed thematically. Findings indicate that limitations in speech ability such as incoherent utterances or reduced comprehension in aphasia subtypes do not necessarily nullify taklīf, as cognitive capacity may remain intact. Acts of worship, such as prayer, by aphasic stroke survivors are analogous to those performed by mute individuals, where valid performance is maintained so long as the mind is sound. Furthermore, the performance of obligatory acts of worship, such as prayer, by stroke survivors with aphasia may be analogised to the case of a mute person or an individual with a physical impairment of the tongue, in that difficulties in producing clear speech do not affect the validity of worship so long as the mind remains sound.
subject: Articles
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creator: Muhammad Taftazany Abd Rahman
creator: Norhidayah Pauzi
creator: Sa'adan Man
creator: Tan Kay Sin
rights: Copyright (c) 2025 Jurnal Fiqh
date: 2025-12-29
publication date: 2025-12-29
starting page: 355
ending page: 388
doi: 10.22452/fiqh.vol22no2.6

Sokongan Majikan Dalam Pematuhan Tuntutan Beridah Ke Atas Wanita Bekerjaya Kematian Suami
type: item
description: Idah is a religious obligation that must be observed by Muslim women whose husbands have passed away. However, for working women, the implementation of idah often encounters challenges when the duration of special leave for the death of a spouse provided by employers is insufficient. This situation creates a conflict between religious obligations and career demands, thereby necessitating employer support to ensure proper compliance with idah. This article aims to analyze employer support for Muslim women in idah, focusing on special leave provisions, workplace adjustments and assistance in observing ihdad restrictions and proposing an Employer Support Framework. Employing a qualitative approach, the study conducted in-depth interviews with eight employers to gather insights into their attitudes, understanding, and supportive practices towards female employees undergoing idah. The findings reveal several forms of support, including the provision of special or extended leave, implementation of work-from-home policies, restrictions on workplace location and workload, as well as guidance and monitoring related to the practice of ihdad. These initiatives reflect employers’ sensitivity to religious obligations and concern for women’s welfare, particularly in terms of emotional, psychological, and social well-being following the loss of a spouse. The study concludes that employer support not only facilitates compliance with idah among working women but also contributes to strengthening employer-employee relations and enhancing the organization’s image as an entity attentive to both religious values and humanitarian considerations. This study is expected to serve as a reference for policymakers and stakeholders in developing more inclusive workplace policies that align with Islamic requirements
subject: Articles
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creator: Syh Noorul Madihah Syed Husin
creator: Norita Kamaruddin
creator: Norazla Abdul Wahab
creator: Zanariah Dimon
creator: Surianom Miskam
creator: Muhammad Yusri Zulkefli
rights: Copyright (c) 2025 Jurnal Fiqh
date: 2025-12-29
publication date: 2025-12-29
starting page: 320
ending page: 354
doi: 10.22452/fiqh.vol22no2.5

The Legality And Social Consequences of Ziwaj Urfi in Modern Muslim Societies
type: item
description: Ziwaj Urfi is non-traditional forms of marriage that have gained prevalence in modern Muslim societies due to changing social and economic conditions. While these marriages provide alternatives for individuals facing challenges in formal matrimonial arrangements, they also raise concerns about their legal validity and social implications. Islamic jurisprudence offers diverse perspectives on these marriages, leading to debates among scholars and policymakers. Despite their increasing prevalence, Ziwaj Urfi remain contentious in terms of legality, ethical considerations, and societal impact. Critics argue that such marriages undermine the traditional institution of marriage, while proponents contend that they offer flexibility within the framework of Islamic law. However, there is a lack of comprehensive research assessing the legal status of these unions across different jurisdictions and their social consequences on individuals and communities. This study seeks to answer the following question: What is the legal status of Ziwaj Urfi? The objectives of the Study is to examine the legal status of Ziwaj Urfi and social consequences of Ziwaj Urfi this study adopts a qualitative approach, utilizing doctrinal legal analysis of Islamic jurisprudence, reports from various Muslim countries, and interviews with legal experts and affected individuals. The study finds that Ziwaj Urfi is permissible in Islam provided it meets all the essential conditions—namely, the presence of a guardian, witnesses, mutual offer and acceptance, a dowry, and the woman's consent. In such cases, the marriage is considered valid even if it is not officially registered. However, opposing views argue that customary marriages are impermissible in Islam, asserting that the lack of public announcement contradicts fundamental Islamic principles and renders the marriage invalid due to its secrecy. .
subject: Articles
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creator: Manswab Mahsen Abdulrahmann
creator: Abdulhafiz Musa Walusimbi
rights: Copyright (c) 2025 Jurnal Fiqh
date: 2025-12-29
publication date: 2025-12-29
starting page: 293
ending page: 319
doi: 10.22452/fiqh.vo22no2.4

Unification of Hijri Calendar Under One Maṭla’ : A Case Study of MABIMS Through the Lens of Islamic Jurisprudence and Astronomy
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description: The pursuit of a unified Hijri calendar among MABIMS countries (Brunei, Indonesia, Malaysia, and Singapore) reflects a long-standing goal of fostering regional religious cohesion. While these nations have reached technical consensus on the Imkān al-Ru’yah criterion, specifically a minimum lunar altitude of 3° and elongation of 6.4°, the calendar remains unstandardized due to persistent differences in national practice. Brunei emphasizes local ru’yah (moon sighting), Indonesia employs the wilāyah al-ḥukmi (legal authority) concept, Malaysia integrates both ḥisāb (astronomical calculation) and ru’yah, and Singapore relies solely on ḥisāb. This study investigates the central issue: the core barriers to unification are now less about astronomy and more about legal, religious, and administrative factors. Using qualitative methods, including literature reviews and interviews with MABIMS astronomy and administrative experts, the research analyzes data thematically. Key findings highlight three primary obstacles: robust adherence to state religious authority (ūlil amrī), which reinforces national sovereignty in calendrical decisions; limited infrastructure for real-time sharing of ru’yah data and harmonization of regional fatwas; and varying jurisprudential interpretations concerning maṭla‘ (local horizon) and crescent visibility, each rooted in distinct legal traditions. These factors influence both policy and public perception, hindering unified implementation despite shared astronomical standards. To overcome these challenges, the paper suggests extending the wilāyah al-ḥukmi concept regionally, establishing formal mechanisms for data exchange, and gradually aligning fatwa structures. By synthesizing and organizing existing approaches, the study offers a practical roadmap for integrating fiqh and astronomy to achieve calendar unification within the MABIMS context.
subject: Articles
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subject: Array
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creator: Muhammad Ridzuan Hashim
creator: Raihana Abdul Wahab
creator: Mohd Saiful Anwar Mohd Nawawi
creator: Nazhatulshima Ahmad
creator: Muhamad Syazwan Faid
rights: Copyright (c) 2025 Jurnal Fiqh
date: 2025-12-29
publication date: 2025-12-29
starting page: 389
ending page: 433
doi: 10.22452/fiqh.vol22no2.7

Tanggungjawab Perubatan dalam Pembedahan yang dibantu Robot Menurut Perspektif Etika Islam dan Fiqh
type: item
description: The advancement of medical technology has introduced robot-assisted surgery, offering enhanced surgical precision and faster patient recovery. However, its application raises complex questions regarding medical responsibility from both Islamic ethical and fiqh perspectives. This paper explores the nature of medical liability in robot-assisted procedures by examining ethical, criminal, and contractual dimensions, while addressing the roles of surgeons, manufacturers, hospitals, and related parties. Employing a qualitative methodology, the study of classical fiqh sources, contemporary fatwas, and legal frameworks. The data was analyzed using a content analysis method which involved identifying through main themes such as responsibility, liability, taʿzīr and qiṣāṣ. It concludes that the application of responsibility in robot-assisted surgery provides a comprehensive and Shariah-accountability model to ensure justice, patient safety and trustworthiness.
subject: Articles
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creator: Ahmad Safwan Yunos
creator: Wan Muhammad Syahmi Wan Saifuddin
creator: Mohammad Naqib Hamdan
creator: Mohammad Hidir Baharudin
rights: Copyright (c) 2025 Jurnal Fiqh
date: 2025-06-30
publication date: 2025-06-30
starting page: 73
ending page: 107
doi: 10.22452/fiqh.vol22no1.3

Analisis Ketepatan Aplikasi Kiblat dalam Play Store dan Apple App Store
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description: In today’s era of modern technology, qibla applications, whether in the Play Store or Apple App Store (iOS), have become the preferred choice of the Muslim community. Qibla applications are favoured because they are easy to use in determining the direction of the Qibla. The community’s reliance on Qibla applications is evident in the millions of downloads every day. This trend shows that qibla applications are the main choice of the Muslim community in the 21st century. However, issues arise not only from magnetic interference, but also from the fact that hundreds of applications available on both Android and iOS systems have not all been tested for accuracy. Therefore, this study was conducted to compare and evaluate the accuracy of 25 selected Qibla applications available on the Play Store and Apple App Store. Data were collected through observational methods, and analysis was carried out using a comparative approach. The findings of the study also show that 68% of qibla applications in both systems have a deviation of less than 3°. This study also demonstrates that Qibla applications on iOS systems are more accurate, with a difference of only 8% compared to those on Android. The study findings also prove that Qibla applications can be used as a reference among Muslim users but must be within the tolerance limits allowed in Malaysia.
subject: Articles
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creator: Nurulhuda Ahmad Zaki
creator: Damia Batrisya Hidayatullah
rights: Copyright (c) 2025 Jurnal Fiqh
date: 2025-06-30
publication date: 2025-06-30
starting page: 1
ending page: 35
doi: 10.22452/fiqh.vol22no1.1

حكم التدخلات التقنية بغرض إطالة عمر الإنسان وتأخير مظاهر الشيخوخة في الفقه الإسلامي
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description: Artificial intelligence (AI) has become widespread in recent times for various aspects , including medical aspects. Some of which aims to extend human life and delay the signs of aging. The research problem of this study lies in clarifying the perspective of Islamic jurisprudence on the intervention of technology in the human body. The objectives of this research is to discuss the technological interventions aimed at extending human life and delaying the signs of aging, and to explore the jurisprudential ruling. The research adopted a descriptive and deductive research approach to obtain the research objectives. Regarding technological interventions aimed at prolonging human life and delaying the signs of aging, the study divided these interventions into three approaches. The first is the biological method that is based on advances in genetics and biotechnology and focuses on enhancing the immune system genetically. The study concluded that such method is impermissible. The second method is the electronic method which is based on advances in nanotechnology and robotics, and focuses on various parts of the body with artificial substitutes, such as artificial skin. The study found that the ruling on such method varies depending on the situation. As such, replacing damaged human body parts with prosthetic limbs is regarded permissible since it falls under the type of medical treatment. Moreover, regarding the technological interventions to enhance human capabilities, it is found that an in-depth study is required to explore such an issue. The third method is the virtual method known as mind uploading which involves digitizing the information contained in the brain -such as memories, and information- and then transferring it to a machine. From the perspective of Islamic jurisprudence, this method is considered permissible; however, it must not cause any harm to the brain.
subject: Articles
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creator: Hamza Abed Alkarim Hammad
rights: Copyright (c) 2025 Jurnal Fiqh
date: 2025-06-30
publication date: 2025-06-30
starting page: 184
ending page: 206
doi: 10.22452/fiqh.vol22no1.7

Persamaan dan Perbezaan dalam Penyembelihan Agama: Islam (Dhabiḥa) Dan Yahudi (Shechita)
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description: Various slaughtering procedures are practiced by religions and cultures worldwide, including Islam and Judaism. Both religions have specific regulations governing slaughter and the process to ensure that meat is permissible for consumption. Understanding the ethics of halal and kosher slaughter is crucial for appreciating religious diversity. The global population increase has led to a proportional rise in religious adherents, which sometimes in debates due to differing beliefs between Muslims and Jews. This study aims to compare Islamic slaughter practices (Dhabiḥa) with Jewish slaughter practices (Shechita) through a qualitative bibliographic review of journal articles, websites, and newspapers. Findings show that both halal and kosher slaughter emphasize humane treatment and the avoidance of animal cruelty. This includes using a sharp knife and performing the process swiftly to minimize pain. However, notable differences remain, particularly regarding stunning. Judaism prohibits stunning before slaughter, whereas Islam allows it, provided it complies the guidelines set by relevant authorities. This study seeks to foster better understanding, tolerance, and mutual respect among religions.
subject: Articles
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creator: Muhammad Afif Zakwan Azhar
creator: Zalina Zakaria
creator: Nina Sakinah Ahmad Rofaie
rights: Copyright (c) 2025 Jurnal Fiqh
date: 2025-12-29
publication date: 2025-12-29
starting page: 207
ending page: 234
doi: 10.22452/fiqh.vol22no2.1

دور التشريع الجنائي في مكافحة التحرش الجنسي الإلكتروني دراسة مقارنة بين الفقه الإسلامي والقانون الكويتي
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description: This study addresses the problem that conventional criminal classifications have struggled to encompass the rapidly growing forms of electronic sexual harassment, thereby raising the question: How effectively do Islamic jurisprudence and Kuwaiti criminal law deter such offences in the cyber domain? Using an inductive approach to collect legislative texts, an analytical method to examine legal rulings and penalties, and a comparative lens to identify convergences and divergences, the study investigates offences such as violating sexual privacy, soliciting adultery or sodomy, and exposing indecency through electronic means. Findings show that Islamic jurisprudence offers a comprehensive framework rooted in fixed religious sources, distinguishing between hudud (e.g., flogging) and taʿzir (e.g., imprisonment, fines) penalties, whereas Kuwaiti Law relies solely on taʿzir punishments and lacks explicit provisions for several electronic forms of harassment. The study recommends revising Kuwaiti legislation to align with Islamic principles, strengthening international cooperation against cross-border cyber-crimes, and promoting public awareness of ethical online conduct.
subject: Articles
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creator: Abdullah Fares Mohammed Al-Banaq
creator: Ameen Ahmed Abdullah Qasem Al-Nahari
creator: Nor Fahimah Mohd Raziif
rights: Copyright (c) 2025 Jurnal Fiqh
date: 2025-06-30
publication date: 2025-06-30
starting page: 162
ending page: 183
doi: 10.22452/fiqh.vol22no1.6

Al-Taftāzānī’s Discussion on The Nature of Man Sine Qua Non (Essential) to The Mukallaf in The Science of Uṣūl Al-Fiqh
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description: The discussion of mukallaf as the maḥkūm ‘alayh is a key component in many works of uṣūl al-fiqh. As a mukallaf, a person must not only recognize his or her individual responsibility to fulfill duties and obligations to God but also meet two essential conditions: first, possessing intellect (‘aql) and second, having legal capacity (ahlīyyah). However, not all works of uṣūl al-fiqh explore the metaphysical underpinnings of the concept of mukallaf. This study aims to delve into al-Taftāzānī’s Talwīḥ ‘alā Tawḍīḥ, a synthesis work of uṣūl al-fiqh that articulates the metaphysical aspects of humanity that underpin the concept of mukallaf. The study will employ both textual and conceptual methods to understand the nature of man and its related concepts, particularly ‘aql and ahlīyyah. The study finds that al-Taftāzānī’s commentary, which reflects the views of notable jurists, making a great explanation on the insānī aspects of mukallaf.
subject: Articles
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creator: Mohd Hilmi Ramli
rights: Copyright (c) 2025 Jurnal Fiqh
date: 2025-06-30
publication date: 2025-06-30
starting page: 108
ending page: 133
doi: 10.22452/fiqh.vol22no1.4

Exploring The Ethical Governance of Artificial Intelligence from An Islamic Ethical Perspective
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description: This study aims to examine the intersection of contemporary artificial intelligence (AI) with Islamic ethics, specifically exploring how foundational Islamic ethical principles can guide the integration and governance of AI technologies. Employing a theoretical and conceptual analysis method, the research investigates epistemological and theological considerations related to the application of machine learning algorithms in interpreting sacred Islamic texts. The core theoretical underpinnings guiding this analysis include Tawḥīd (the Oneness of God), which emphasizes harmony and ethical coherence; Maqāṣid al-Sharīʿah (Objectives of Islamic Law), focusing on safeguarding fundamental human interests such as faith, life, intellect, progeny, and wealth; Ihsan (Excellence and Benevolence), advocating for moral excellence in technological applications; and ʿAdl (Justice), which demands equity and fairness in technological advancements. The findings indicate that while AI holds significant promise for enhancing societal welfare, education, healthcare, and economic justice within Muslim communities, it presents profound ethical challenges, including algorithmic bias, privacy infringement, human autonomy erosion, and accountability concerns. The study highlights the necessity of rigorous ethical oversight grounded in Islamic ethics to navigate these challenges, proposing that AI applications adhere to principles of justice, transparency, and the preservation of human dignity and autonomy. The implications of this research extend beyond theoretical considerations, underscoring the importance of interdisciplinary collaboration between Islamic scholars, ethicists, policymakers, and technologists. Islamic ethical guidelines can enrich global conversations on AI ethics, ensuring technological innovations align with universally recognized moral standards while promoting social justice and human flourishing.
subject: Articles
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creator: Uthman Mohammed Mustapha Kannike
creator: AbdulGafar Olawale Fahm
rights: Copyright (c) 2025 Jurnal Fiqh
date: 2025-06-30
publication date: 2025-06-30
starting page: 134
ending page: 161
doi: 10.22452/fiqh.vol22no1.5

Fatwa Bahthul Masail Nahdhatul Ulama dalam Penggunaan Ubatan Penundaan Haid Di Bulan Ramadan dari Perspektif Maqāṣid Al- Sharīʿah
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description: Fatwas of Bahthul Masail Nahdlatul Ulama (NU) play an important role in addressing contemporary issues faced by Muslims including the use of drugs to delay menstruation in Ramadan. The purpose of this investigation is to examine the fatwa of Bahthul Masail NU (Nahdhatul Ulama), especially regarding the law of using drugs to delay menstruation for Muslim women in Ramadan from the perspective of maqāṣid al-sharī'ah. This study employs the documentation method, with data analysis conductedthrough a descriptive qualitative approach, using maqāṣid al-sharī'ah as the primary measuring stick. The results of the study show that the NU Bahthul Masail agreed to permit the use of drugs to suspend menstruation in the month of Ramadan with certain conditions. Among these are that it does not harm the user, does not result in the termination of offspring (by destroying reproductive cells), and does not have an effect on future pregnancies. This fatwa also celebrates the needs of Muslims in worship in accordance with today's scientific developments and advances which still prioritize maṣlaḥah ‘āmmah. This necessity allows Muslim women to double their reward in Ramadan in addition to achieving the privilege of Lailatul Qadr that Allah has promised in that month.
subject: Articles
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creator: Abdul Hakim
creator: Ridzwan Ahmad
creator: Syed Mohd Jeffri Syed Jaafar
rights: Copyright (c) 2025 Jurnal Fiqh
date: 2025-06-30
publication date: 2025-06-30
starting page: 36
ending page: 72
doi: 10.22452/fiqh.vol22no1.2

Istiṭāʿah Dalam Ibadah Haji: Analisis Terhadap Sistem Penggiliran Haji Malaysia
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description: The issue of Malaysian Hajj pilgrims facing excessively long waiting periods for their turn has been a topic of frequent discussion among various stakeholders. Individuals who registered for Hajj in 2023 are estimated to wait approximately 148 years to perform the pilgrimage. Although the actual waiting period may be shorter than this estimate, it highlights significant weaknesses in the current queuing system. The existing system, introduced by Tabung Haji Malaysia (TH) in 1995, operates on a first-come, first-served basis. This method has been widely criticized for not aligning with the actual prerequisites for Hajj obligations. It includes individuals who do not yet meet the conditions of obligation, such as children and those lacking financial capability, in the queue. Conversely, those who fulfil the conditions of obligation and financial capability are not prioritized and must endure an extended waiting period. This paper aims to analyse this issue and propose several recommendations to improve the queuing system. The study employs qualitative methods and field data, which are analysed using critical, deductive, and inductive analysis techniques. The findings indicate that the current Hajj queuing system used by TH requires a thorough review, as it does not meet at least two essential Hajj conditions: being of legal age (mukallaf) and possessing financial capability (istiṭāʿah māliyyah), for many of the registrants in the queue. This paper will suggest several improvement methods to enhance the efficiency of the Hajj queuing system and ensure it adheres to the criteria established by Islamic law.
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creator: Sa'adan Man
creator: Syed Mohd Jeffri Syed Jaafar
creator: Lokman Musa
rights: Copyright (c) 2024
date: 2024-12-30
publication date: 2024-12-30
starting page: 209
ending page: 232
doi: 10.22452/fiqh.vol21no2.2

من منظور الشريعة الإسلامية: دراسة فقهية تحليلية (BNPL) تقييم خدمات اشتر الآن وادفع لاحقًا
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description: This research explores the growing popularity of Buy Now, Pay Later (BNPL) services and their alignment with Islamic Sharia principles. As these services gain traction among Muslims, it is essential to ensure compliance with Sharia laws in financial transactions. The study highlights the necessity to evaluate BNPL’s adherence to rules regarding riba (interest), gharar (uncertainty), and fairness, aiming to clarify their permissibility under Islamic jurisprudence. The research employs an analytical jurisprudential approach, reviewing Sharia sources, fatwas, and interviews with scholars. Key findings suggest that while some BNPL contracts conflict with Sharia due to interest charges and fees, they can be adapted to comply by removing these elements and promoting transparency. The study underscores the importance of educating companies and consumers on Sharia-compliant models and consulting scholars to develop alternative financing solutions that align with Islamic values.
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creator: Alaa al Obaid
rights: Copyright (c) 2024 Jurnal Fiqh
date: 2024-12-30
publication date: 2024-12-30
starting page: 253
ending page: 292
doi: 10.22452/fiqh.vol21no2.4

Analisis Kitab Kaifiyyah Mengadakan Wakaf Muslimin Karangan Syeikh Junid Tola (M.1948)
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description: The Kitab Kaifiyyah Mengadakan Wakaf Muslimin, authored by Sheikh Junid Tola (d. 1948), is a rare Jawi literature that explains the practical implementation of Islamic endowment (waqf) as applicable to the Malay community of that era. In the context of historiography of fiqh on waqf, this study examines whether the book reflects a paradigm that carries regressive or progressive values. The research framework was formed based on qualitative research with data collection using the library method, while data analysis was guided by the content analysis method. The findings reveal 88 textual data in this book that are relevant to the development of waqf which results from 6 main sources, namely paddy field, zakat, rupi currency, land, business and craftmanship. Based on these textual data, it can be concluded that the concept of waqf development in Kitab Kaifiyyah is not only aligned with the principles of waqf in classical Islamic literature but is also progressive in accommodating the local circumstances of the Muslim community at that time.
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creator: Muhammad Amirul Solehin Mohd Paid
creator: Mohammaddin Abdul Niri
creator: Abdul Karim Ali
creator: Noor Naemah Abdul Rahman
rights: Copyright (c) 2024 Jurnal Fiqh
date: 2024-12-30
publication date: 2024-12-30
starting page: 177
ending page: 208
doi: 10.22452/fiqh.vol21no2.1

حكم الصلاة على أجزاء الميت في الفقه الإسلامي
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description: This research aims to determine the most proper opinion on the issue of praying over body parts of the dead under Islamic jurisprudence. The research followed the descriptive and analytical method by describing the issue practically, then the jurisprudential study of each form of the issue. The research concluded that the opinion that says washing, shrouding, and praying over any body part of the dead person, whether few or many, is preferred. The scholars differed on the issue of praying over the body parts of a person whose death is certain, with three opinions. The researcher presented these opinions and their evidence and discussed it in depth, then concluded with the preponderance of the opinion that says washing, shrouding, and praying over any found body parts of the dead person, whether those parts are few or many in light of the possibilities mentioned in the research. Keywords: Islamic funeral prayer (Salat al-Janazah), Islamic Jurisprudence, Body parts of the dead.
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creator: Hamza Abed al Karim Hammad
rights: Copyright (c) 2024 Jurnal Fiqh
date: 2024-12-30
publication date: 2024-12-30
starting page: 233
ending page: 252
doi: 10.22452/fiqh.vol21no2.3

في ماليزيا: دراسة تحليلية تطبيقية (GLC) الزكاة على الشركات المرتبطة بالحكومة
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description: This paper explores the obligation of zakat on Government Linked Companies (GLCs), highlighting a disparity where most zakat is collected from salaries despite business taxes constituting over half of Malaysia’s tax revenue. The study aims to identify the shariah ruling concerning zakat on GLCs, by examining the requirements for zakat on both the payer and the wealth. It includes an analysis of Malaysian laws and fatwas related to zakat on GLCs, assessing the current applications and the feasibility of enforcing it on these entities. The study finds that al-fuqaha’ disagree on the obligation of governments to pay zakat on investment funds, with a majority deeming them exempt, while a minority advocate for their zakat obligation. The dispute arises from varying interpretations of zakat eligibility for certain types of governments’ wealth. Despite this, several Malaysian states have issued fatwas that seems to support the minority view. However, the enforcement of these rulings may be unconstitutional, due to some misalignments between state authority over zakat and federal authority over corporations
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creator: Muhammad Lutfil Hadi Mohd Effandi
creator: Mustafa Mat Jubri Shamsuddin
rights: Copyright (c) 2024 Jurnal Fiqh
date: 2024-06-30
publication date: 2024-06-30
starting page: 151
ending page: 176
doi: 10.22452/fiqh.vol21no1.5

METODOLOGI HUKUM ISLAM MENURUT ALIRAN DEOBANDI DI MALAYSIA
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description: The significant influence of Deobandi scholars, known for their expertise in Hadith and the Quran, raises the question of what legal methodology is adhered to by the scholars of this school. A comprehensive legal methodology typically consists of uṣūl al-fiqh, qawā’id al-fiqhiyyah and maqāṣid al-syāri’ah. Today, the community has witnessed the rejection by some of these scholars by some of these scholars towards local practices such as maulīd ar-rasūl, tahlil and so on. This study has several importance implications, serving as a reference for future researchers, JAKIM, the State Department of Islamic Religion, and graduates of the Deobandi school itself. This study took the form of a qualitative study and involved interviews with nine Deobandi respondents. The results indicate that the Deobandi school does not employ a complete legal methodology, and there is inconsistency among the respondents when applying the legal methodology in the absence of the Qur'an and Hadith. These suggests that, maqāṣid al-syāri’ah is largely overlooked by the majority of the respondents.
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creator: Ahmad Zulkernain Che Age
creator: Saadan Man
rights: Copyright (c) 2024 Jurnal Fiqh
date: 2024-06-30
publication date: 2024-06-30
starting page: 65
ending page: 122
doi: 10.22452/fiqh.vol21no1.3

SEWAGE WATER TREATMENT AND ITS EFFECT ON THE CLEANLINESS OF WATER: A REVIEW FROM ISLAMIC AND SCIENCE PERSPECTIVE
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description: Due to the water combining with feces, sewage water found in the Sewage Treatment Plant (STP) is classified as mutanajjis. However, the wastewater cleaned with current technology in STP has created concerns, particularly among Muslims, over whether it can be classified as muṭlaq water or not. The purpose of this study is to compare the cleaning mechanism from an Islamic perspective with the sewage water treatment technique in Indah Water Konsortium (IWK) Malaysia. Next, to examine the treated sewage water and its impact on the law of ṭahārah in Islam. This study uses a qualitative approach using data collection techniques by document analysis, observations at the Regional Sewage Water Treatment Plant (RSTP) KL-Titiwangsa 2 owned by Indah Water Konsortium (IWK) Malaysia, interviews with Shariah and water experts, and laboratory analysis. The results of the study revealed that the wastewater treatment technology at RSTP Serantau KL-Titiwangsa 2 can change the status of water from mutanajjis to muṭlaq because it meets all the criteria for muṭlaq water set by the fuqaha. Through the results of laboratory analysis, the treated sewage water is categorized in the same category as muṭlaq water. Therefore, the water can be used for ṭahārah purposes. It also sheds light on the aspects of environmental sustainability from an Islamic perspective.
subject: Articles
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creator: Mohd Mahyeddin Mohd Salleh
creator: Yasmin Hanani Mohd Safian
creator: Syaza Azhari
creator: Hussein Azemi Ahmad Thaidi
rights: Copyright (c) 2024 Jurnal Fiqh
date: 2024-06-30
publication date: 2024-06-30
starting page: 123
ending page: 150
doi: 10.22452/fiqh.vol21no1.4

المصلحة العامة وضوابطها في المعاملات المالية والتطبيقات المصرفية المعاصرة
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description: Islamic banks are still a process of renewal in Islamic financial and banking thought, especially in the application of Maslahah in the financial and banking transactions. The main concern in this paper is using the Maslahah application and dragging all contracts and transactions without concerned attention to the theoretical framework for a sharia perspective. The researchers examine the combination of theoretical and applied aspects to ensure the application of Maslahah. This paper tries to explain the mechanisms and processes that are by theories in the use of Maslahah, as well as providing concrete applied transactions in existing current practices. The researchers found that the main goal of Islamic finance is not only to create liquidity but also to establish a suitable basis for the real economy and look at the structural construction of contracts without only focus on the interest sought from the contracts themselves.
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creator: Abdulmajid Obaid Hasan Saleh
creator: Kieren Akbar
rights: Copyright (c) 2024 Jurnal Fiqh
date: 2023-12-30
publication date: 2023-12-30
starting page: 239
ending page: 266
doi: 10.22452/fiqh.vol20no2.3

ELEMEN KEBERTANGGUNGJAWABAN RUMAH TANGGA MENURUT PERSPEKTIF ISLAM
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description: Muslim families nowadays are facing threats that are big enough to lead to moral, social and economic collapse. The declining religious values ​​and the occurrence of conflicts in family institutions can contribute to the existence of social diseases today. The psychological crisis and spiritual deprivation of humans in the era of globalization can be overcome if humans return to religion and practice religious teachings. Society needs resilience skills and a strong identity to produce balanced people from both internal and external aspects. Therefore, the injection of religious and spiritual elements becomes a priority to improve personal well-being. This article aims to describe the elements of marriage responsibility based on verse 35 of Surah al-Ahzab which conforms to the three principles of religion, Iman, Islam and Ihsan by using the documentation method. There are four main elements: knowledge and obedience, good association, livelihood and maintaining honour as the basis of responsibility in Muslim marriages that need to be implemented by husband and wife.
subject: Articles
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creator: Nor Dalilah Zakaria
creator: Raihanah Azahari
creator: Bahiyah Ahmad
rights: Copyright (c) 2024 Jurnal Fiqh
date: 2023-12-30
publication date: 2023-12-30
starting page: 165
ending page: 210
doi: 10.22452/fiqh.vol20no2.1

NUPTIAL AGREEMENT IN MUSLIM MARRIAGE: A JURISTIC ANALYSIS
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description: The nuptial agreement is been gaining attraction in the Muslim environment in recent times because of the assumed benefit to protect either of the marital partners in the advent of divorce or separation. Prenuptial clauses usually take effect immediately after marriage consummation and every party can lay claim to the agreement in the event of a breach of agreement while postnuptial agreements are clauses agreed upon during the marriage period. Although there are complaints that Muslims from Western and non-Islamic societies might need prenuptial agreement in the place of khulʼ (redemption) to protect either party in the case of future divorces or separation, however, there are concerns about the rate of interest in the new couples from Muslim society opting for a prenuptial agreement. This study explores the concepts of prenuptial and postnuptial and their associated use by Muslim couples in contemporary reality. The study will examine why Muslim couples from Islamic society are opting for nuptial agreement rather than khulʼ regulations in Islamic law and the need to identify essential thresholds in juristic conditioning for nuptial agreements in a Muslim marriage, especially in the case of Shartu fāsid (invalid conditions) in a marriage agreement. The study uses a doctrinal approach to gathering and analysis of data from an Islamic perspective. The study proposed useful suggestions from the finding on juristic conditioning in the application of prenuptial and postnuptial agreements in Muslim society.
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creator: Saheed Abdullahi Busari
rights: Copyright (c) 2024 Jurnal Fiqh
date: 2024-06-30
publication date: 2024-06-30
starting page: 1
ending page: 18
doi: 10.22452/fiqh.vol21no1.1

دراسة فقهية تحليلية :(NFT) الاستثمار في الرموز غير قابلة للاستبدال
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description: Non-fungible tokens (NFT) are considered unique digital assets recorded on the blockchain whose ownership and authenticity cannot be duplicated, exchanged, or divided but can be transferred by the owner, allowing the selling and trading of NFT through the blockchain. This study addresses the issues relating to the extent of NFT compliance with Islamic law. It sheds light on the concept of symbols that are not replaceable and presents the opinions of contemporary jurists in dealings with NFT based on a juristic adaptation of these transactions.The study is qualitatively based and using an inductive approach to collect library information and analytical approach to clarify the issue and present the opinions of the jurists. The study found that investing in non-fungible tokens is legally permissible, but the principles of Shariah must be adhered to when dealing with them because they are among the things that were not prevented except by legal evidence. NFTs should be items of legal value that benefit people, and are free from illegal activities such as usury, fraud, and gambling. The study recommends an urgent need for Shariah scholars and technology experts to create an NFT platform that is compatible with Islamic Shariah, and allowing Muslims to participate in it.
subject: Articles
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creator: Noor Fatini Izzati Fadzil
creator: Saheed Abdullahi Busari
rights: Copyright (c) 2024 Jurnal Fiqh
date: 2024-06-30
publication date: 2024-06-30
starting page: 19
ending page: 64
doi: 10.22452/fiqh.vol21no1.2

التكوين العلمي لابن باديس وأثره التجديدي في مجال التعليم بالجزائر: (1913-1940 )
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description: The research seeks to discover the renewal brought by Ibn Badis to education in Algeria through the study of his personality, academic background, significant scientific achievements both within and outside Algeria, curriculum for education, and teaching methods that he discovered beneficial and efficient for learners. Furthermore, the research intends to shed light on how Ibn Badis overcame the obstacles and challenges caused by French colonization, which denied Algerian citizens access to all types of learning, especially Arabic and Islamic education. The study takes a historical approach by examining a sizable collection of texts and pictures that represent Ibn Badis’s vision for science and education. The research leads to the conclusion that Ibn Badis’s strong scientific foundation which he achieved under the guidance of specialized academics from numerous fields and countries, had a huge impact on improving his abilities and views of the world and increasing his sense of need to refresh and enhance the educational system of his country. Additionally, he set himself apart from his contemporaries and forebears by getting around France’s restrictions through the advantage of legal loopholes to prevent the use of violence, particularly during the planning and construction phases.
subject: Articles
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creator: Youcef Bensala
creator: Abdul Karim Ali
rights: Copyright (c) 2024 Jurnal Fiqh
date: 2023-12-30
publication date: 2023-12-30
starting page: 211
ending page: 238
doi: 10.22452/fiqh.vol20no2.2

القتل الرحيم دراسة مقارنة بين القانون الوضعي والتشريع الإلهي
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description: This study aimed to identify the provisions of euthanasia in positive law and divine legislation, and also aimed to identify the provisions of positive or negative euthanasia, both legally and religiously, the study used the analytical method, and the comparative method, The study reached a number of results, most notably, the convergence of comparative legislation on euthanasia, some of which permitted it, especially Western legislation, and some of it criminalized, especially Islamic legislation. Whether positive or negative, they considered it a crime of intentional killing, just as the three monotheistic religions unanimously agreed on the prohibition of euthanasia and considered it a crime of unlawfully killing a human being, The jurists unanimously agreed on the prohibition of positive euthanasia, just as the jurists differed on the prohibition of passive euthanasia.
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creator: Esam Husni al Atrash
rights: Copyright (c) 2024 Jurnal Fiqh
date: 2023-12-30
publication date: 2023-12-30
starting page: 267
ending page: 290
doi: 10.22452/fiqh.vol20no2.4

POLEMIK AMALAN KHITĀN WANITA DI MALAYSIA MENURUT PERSPEKTIF ISLAM: SUATU KAJIAN AWAL
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description: The practice of female circumcision in Malaysia has been heavily criticized as being similar to Female Genital Mutilation (FGM) in Africa. This criticism followed a 2018 United Nations Human Rights (UNHR) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) recommendation, which called on Malaysia to stop the practice. Among the claims made were that female circumcision is just a tradition and not a religious requirement, and that the hadith used to justify the practice is not authoritative. This study aims to identify the polemics surrounding the practice of female circumcision in Malaysia. It is an initial qualitative study that uses content analysis to analyze data. The study found that there are five main reasons that have caused the polemics regarding female circumcision in Malaysia such as a disagreement regarding the practice of female circumcision in Malaysia, with some viewing it as a local custom. Furthermore, contemporary scholars are debating its legitimacy based on the authentication of relevant hadith sources. Meanwhile, the different methods employed raise concerns about the understanding and implementation of female circumcision among medical practitioners in Malaysia, further exacerbated by the absence of authoritative guidelines on female circumcision by regulatory authorities in Malaysia. In conclusion, this study suggests that the polemics surrounding female circumcision in Malaysia must be resolved by continuing research that can produce safe and Shariah-compliant guidelines.
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creator: Norazam Khair Mohd Ithnin
creator: Ishak Suliaman
creator: Abdul Halim Ibrahim
rights: Copyright (c) 2023 Jurnal Fiqh
date: 2023-06-30
publication date: 2023-06-30
starting page: 61
ending page: 92
doi: 10.22452/fiqh.vol20no1.3

ANALISIS KOMPUTASIONAL APLIKASI SUN COMPASS DALAM PENENTUAN ARAH KIBLAT MUSLIM
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description: Sun Compass is a smartphone app that was developed to determine the Muslim qibla direction around the world. The invention of the Sun Compass is said to be a solution to the inaccuracy problem in Qibla app due to its susceptibility to magnetic interference. Based on the calibration technique of the sun’s shadow and true north reference, the Sun Compass showed a high accuracy of the Qibla direction angle. Therefore, this study was conducted to check the Sun Compass’s accuracy by comparing the Qibla direction display with the Qibla shadow. Data collection was carried out through field observation and the collected data were analysed computationally and comparatively. The results of the study found that the Sun Compass application has a deviation value of less than 0.5° with a 99%-confidence level of 0.1015 and it is still below the limit of deviation from the direction of the qibla (had al-tahawwul ‘ani al-qiblah) which, in Malaysia, is allowed for not more than 3°. This study concludes that the application of Sun Compass in assisting Muslims to determine the direction of Qibla is more accurate empirically than other Qibla apps.
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creator: Mohamaddin Abdul Niri
creator: Nurulhuda Ahmad Zaki
creator: Mohamad Luqman Hakim Mohd Nor
rights: Copyright (c) 2023 Jurnal Fiqh
date: 2023-06-30
publication date: 2023-06-30
starting page: 1
ending page: 32
doi: 10.22452/fiqh.vol20no1.1

القواعد الثلاثة في فكر عبد المقسط غزالي: دراسة تحليلية نقدية
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description: This article analyzes the three principles of Abdul Moqsith Ghozali discourse, namely “substance over form”, “the texts can be abrogated by “Maṣlaḥah”, and “the texts can be revised by the intellect of society”. In order to clarify this article, the researcher relied on the inductive approach to gather information related to the subject. The study employs a critical and analytical approach in analyzing the views adopted by Abdul Moqsith and discusses his opinions in the light of the recognized principles. The researcher has reached several results, including Abdul Moqsith avoiding the methods of the Uṣūliyīn in devising terms by disassembling them. He has three principles that have no controls and limits in their uses and applications. It appeared that the three principles are not new principles but are taken from weighted principles, and then derive and develop them.
subject: Articles
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creator: Rizky Ardiansyah
creator: Mustafa Mat Jubri Shamsuddin
rights: Copyright (c) 2023 Jurnal Fiqh
date: 2023-06-30
publication date: 2023-06-30
starting page: 139
ending page: 140
doi: 10.22452/fiqh.vol20no1.5