SALAM Digest: Syariah and Law Undergraduate Symposium

IMPLEMENTATION OF HIBAH IN AIA TAKAFUL IN MALAYSIA: ISSUES AND CHALLENGES

2024-08-21T23:27:05+08:00

This study investigates the implementation of hibah within the Takaful operations of AIA Public Berhad in Malaysia, focusing on the issues and challenges encountered. Hibah, a voluntary transfer of wealth or benefits, is increasingly being integrated into Takaful (Islamic insurance) as a mechanism to distribute surplus funds among participants. However, its implementation within AIA Takaful presents numerous challenges, including navigating complex regulatory frameworks, aligning with Shariah principles, and addressing operational constraints. Employing a qualitative approach, this research draws on in-depth interviews with industry experts to gather insights into the practical application of hibah in AIA Takaful. The study examines the roles of Takaful operators, the perceptions and expectations of customers, and the broader implications of hibah for Islamic finance in Malaysia. It also highlights the societal impact of hibah, considering its potential to enhance social welfare and financial inclusion. The findings contribute to a deeper understanding of the critical issues that impede the effective implementation of hibah in AIA Takaful and offer recommendations to overcome these challenges. By shedding light on these obstacles, this research aims to facilitate the more widespread and effective use of hibah in the Takaful industry.

ADDRESSING CITIZENSHIP DISCRIMINATION IN BRUNEI AND KUWAIT CAUSED BY GENDER INEQUALITY IN LAW

2023-05-12T15:36:33+08:00

The right to citizenship has been recognized since the Universal Declaration of Human Rights in 1948. Children's rights are expressly reinforced in several UN human rights accords and treaties. Statelessness, however, has grown to be a significant global problem with over 15 million people living without a nationality. State succession, technical and administrative shortcomings in the government, and discriminatory legislation are only a few of the factors that contribute to statelessness. From the standpoint of access to school, health benefits, access to property, and house ownership, this discriminatory citizenship law has had several detrimental effects on women and children. There are seven nations where women are not permitted to confer citizenship on their children, with few exceptions. This study focuses on Brunei and Kuwait, two of the seven nations where sufficient, accurate information is available. Citizenship discrimination creates a perception of children's identities as primarily descended from the male line and considers women as second-class citizens, maintaining a sexist and discriminatory framework for women's duties in the home and society. Therefore, this study evaluates the prevalence of statelessness as well as other detrimental effects on women and children as a result of gender-based disparity in citizenship legislation. The persons of concern database maintained by the United Nations High Commissioner for Refugees (UNHCR) is used for graphic analysis of statistics data in Brunei and Kuwait. Furthermore, for these two nations, a qualitative analysis is undertaken utilizing literature from the United Nations, the Institute on Statelessness and Inclusion, a case study, and other academic publications. Indeed, this study will also emphasize the current scenario of statelessness and other negative effects. In addition, this study recommends some proposed solutions or improvements that can be made by the governments of Brunei and Kuwait to address gender inequality in the legal system and societal ecosystem.

THE RIGHT OF MUSLIM WOMEN TO JOINTLY ACQUIRED PROPERTY AFTER DIVORCE: ARISING ISSUES FROM THE SHARIA PERSPECTIVE

2023-05-27T10:12:17+08:00

This paper examines Muslim women's right to jointly acquire property after divorce and the issues that arise from the Sharia perspective. Similarly, in Malaysia, where Islam is the religion of the Federation, the rights of Muslim women are protected under the Islamic Family Law Act and Enactments of each state. Additionally, it is simpler for Muslim women to assert their entitlement to jointly acquired property when a divorce occurs. Yet, many still do not do so because they are unaware of their rights under Sharia and Islamic law. This paper will use the method of a desk review of Malaysian laws and policies and Sharia sources, including the interpretations of the Quran and Sunnah, fatwas, and writings of Islamic scholars on the subject. This paper discovered that there are still many instances where divorced women are left to address their marriage issues on their own and are often unaware of their rights to acquire property after the divorce jointly. Hopefully, this paper will shed some light on Muslim women's rights to jointly acquire property in Malaysia.

SMOKING ADDICTION AND ABUSES FROM INTERNATIONAL, MALAYSIAN AND ISLAMIC PERSPECTIVES

2023-05-27T10:12:16+08:00

Smoking addiction is one of the major problems that happen to everyone around the world. Many countries have the same problems with their people. Despite all the treatments, advice and warnings from the doctors, media and family, these smokers cannot quit their smoking addiction due to the nicotine addiction in the smoking itself. In addition, smoking has been linked to an increased risk of a wide variety of human diseases, including cancer, heart disease, chronic bronchitis, and chronic obstructive pulmonary disease (COPD). This smoking issue and abuse have been happening for so many years. The purpose of this article is to explain and review more the details about smoking addiction and abuse issues, for instance, causes effects and solutions from the perspective of International, Malaysian and Islamic Law. Through this article, more general knowledge about smoking can be discovered by the analyses from the report, data and surveys from books and the internet. As a consequence, smoking addiction and abuse cannot be ignored and must be considered seriously by people around the world to realize the importance of this issue

E-WALLET AND ITS PROSPECTS AND CHALLENGES: SMALL INDUSTRY OPERATORS IN ALOR SETAR, KEDAH

2024-03-02T11:13:49+08:00

This paper is to study the prospects and challenges using e-wallets among small industry located at Alor Setar, Kedah which has a great potential in agriculture, tourism and economic development sectors which have increased rapidly in recent years. The objective of this study is to explain transactions using e-wallets in Malaysia whether it comply with Sharia guidelines as well as explaining whether the e-wallets apps, is user-friendly which may improve the small industry operator in order to get a reasonable profit and blessing by using an e-wallet that complies with Sharia. Nevertheless the use of e-wallets (Islamic) is still low among them. The methodology used is quantitative studies and qualitative studies. The questionnaire is distributed online via Google Form among 100 respondents who live around Alor Setar.

SHARIAH GUIDELINE ON ARTIFICIAL INTELLIGENCE (AI) IN FATWA ISSUANCE

2024-07-15T23:58:59+08:00

The development of technology shows the innovation of increasing progress in human life over time. Artificial Intelligence (AI) is one of the smart creations that change a process from various angles in the industry. However, the passage of time now shows that the advancement of this technology is actively applied in our society when we want to know the law or fatwa of a matter even though it is very beneficial and good. Therefore, this study aims to discuss the concept of artificial intelligence (AI) application according to Islamic perspective. In addition, Examining the effectiveness of artificial intelligence can determine certain fatwa issues and identify the Shariah guidelines in applying artificial intelligence (AI) on fatwa issuance. This study is a qualitative method that collects all information from various reading reference mediums. Furthermore, this study found that there is no authentic source from AI issuing new fatwa issues apart from Muslim scholar experts such as Mufti who are more knowledgeable and have good procedures in setting fatwas according to Islamic Shariah. The suggestion for improvement is to produce guidelines to follow Shariah so that its use is not excessive and avoid the risks that will occur.

LEGAL IMPLICATION OF UNREGISTERED POLYGAMOUS MARRIAGES WITHOUT COURT PERMISSION IN NEGERI SEMBILAN

2024-03-08T22:14:15+08:00

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.

LEGAL VALIDITY OF AI EVIDENCE IN CRIMINAL CASES WITHIN SHARIAH COURT OF MALAYSIA

2024-07-18T01:08:09+08:00

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.

THE IMPACT OF EUTHANASIA ON THE HEALTHCARE SYSTEM: A COMPARATIVE STUDY BETWEEN MALAYSIA AND THE NETHERLANDS

2024-07-21T02:13:40+08:00

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.

THE IMPLICATION OF NIKAH MISYAR: A CASE STUDY IN MALAYSIA

2024-08-16T01:11:03+08:00

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.