Jurnal Fiqh

Analisis Kitab Kaifiyyah Mengadakan Wakaf Muslimin Karangan Syeikh Junid Tola (M.1948)

Muhammad Amirul Solehin Mohd Paid — 2024-12-30

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.

Istiṭāʿah Dalam Ibadah Haji: Analisis Terhadap Sistem Penggiliran Haji Malaysia

Sa'adan Man — 2024-12-30

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.

حكم الصلاة على أجزاء الميت في الفقه الإسلامي

Hamza Abed al Karim Hammad — 2024-12-30

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.

من منظور الشريعة الإسلامية: دراسة فقهية تحليلية (BNPL) تقييم خدمات اشتر الآن وادفع لاحقًا

Alaa al Obaid — 2024-12-30

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.

Abdullah Ahmed An-Na‘Im Dan Konteks Penafsiran Hukumnya

Ahmad Nabil Amir — 2024-12-30

The paper highlights the method of scriptural analysis and its legal interpretation as propounded by Abdullahi Ahmed An-Naim. His legal views takes a historical and contextualist approach in interpreting the text with critical reinterpretation of traditional understanding of the texts by taking into account the purpose of the Syari‘ (the Law Giver) as well as the underlying principle and ideal of the Shariah. By way of deconstruction the Shariah embodies new legal postulates contextually deducted from the text which corresponds to the current situation and context. The method of study is based on qualitative technique in the form of content analysis. It draws upon Miles & Huberman’s analytical methods and techniques, namely reducing data, presenting data and drawing conclusion. The finding shows that An-Naim aspired toward comprehensive and broad range of legal reform by accommodating and fitting the text with the legal provisions and requirement of modern context based on the instrumentality of maslahah (common benefit). It sought to reform the legal aspects of Islamic law (syariah) through independent reasoning (ijtihad) and collective argument considering the possible spirit and perspective of its viability and continuity which developed and evolved in dynamic historical and cultural context.