SALAM Digest: Syariah and Law Undergraduate Symposium

THE ISSUES OF SHARIA COMPLIANCE IN E-WALLET SERVICES AND PRODUCTS IN MALAYSIA: AN ANALYTICAL STUDY BASED ON MAQASID SHARIA

Muhammad Syahid Mohd Isa — 2024-11-29

E-wallet services and product is a component or program in an e-wallet application that provides various functions to its users. The importance of shariah compliance in e-wallet products and services is that it ensures that financial transactions adhere to Islamic ethical and legal principles, fostering trust and inclusivity among Muslim users. The use of this e-wallet began to be widely used when the world was attacked by the covid-19 epidemic because it can be transmitted through physical contact. So the use of e-wallet is highly demanded because it helps to reduce the physical reaction among people while also reducing the risk of being affected by the covid-19 epidemic. So the use of e-wallet, in order to protect the welfare of life and property in line with the concept of maqasid sharia. Maqasid shariah is a discipline of knowledge regarding the purposes and regulations set by God for each of his laws in order to protect the welfare of mankind. This research evaluates the definition and framework Shariah compliance of e-wallet services and products in Malaysia, categorizing them into compliant and non-compliant groups, and examines their alignment with Maqasid Shariah principles, particularly focusing on the preservation of property (Hifz Mal), to understand their impact and justification within Islamic financial ethics. Thus this research use a qualitative method and there are several methodology that had been applied such as library method and interview whether direct and indirect way. Therefore this study's significance lies in assessing the Shariah compliance of e-wallet services and products in Malaysia, enhancing understanding of their ethical role in Islamic finance.

THE IMPLEMENTATION OF HAKAM IN SHARIAH JUDICIAL SYSTEM: A CASE STUDY IN SELANGOR

Luqman Hakim Mohd Affandee — 2024-11-29

The practice of Hakam serves as a reconciliation process conducted in collaboration with appointed family panels and parties involved in divorce. Hakam also plays a role in obtaining the authority to pronounce talak (divorce) from the husband in the event of failed reconciliation. The issue is the abilities of the party’s representative to resolve disputes on behalf the disputant parties that deals with matrimonial cases. Therefore, the objective of this study focuses on the to identify Hakam from Islamic perspective, the implementation of Hakam in accordance with Shariah principles. The third objective is to examine the effective role of Hakam in resolving cases against disputing parties. The final objective of this study is to analyse the challenges of Hakam in Shariah Judicial System in Selangor and suggesting the resolutions. The methodology employed by the researcher is qualitative research method such as referring to books, journals, case study and interview session with the officer in charge for Hakam in Selangor. The study identifies existing gaps in the implementation of Hakam that can be clarified and refined. Based on these findings, the study proposes recommendations for refining and clarifying the implementation of Hakam in Shariah courts

زيارة المسلم معابد الكفار في ماليزيا من منظور الفقه الإسلامي والسياسة الشرعية

Mohamad Lukman Hakim Mohamad Khairi — 2024-11-29

Malaysia is made up of different religions, Islam, Christianity, Hinduism, Buddhism and others. For this reason, there are many temples in this country, both in cities and villages. In March 2023, a controversy arose over a programme called ‘Let's Visit the Church’. As a result, a few individuals and organisations have banned Muslims from participating in it, while at the same time there are those who allow it. This leads to questions among the community, ‘What is the opinion of Sharia on the ruling of Muslims visiting the temples of infidels?’ This research aims to discuss the different jurists on the ruling of entering the temples of infidels, and then weighing these opinions according to the strength of the evidence and arguments. In addition, this research will be from the point of view of Shari'ah policy, the position that the Malaysian government should take between allowing or forbidding Muslims to visit infidel temples. This research follows a qualitative study approach. To gather information, the researcher uses the inductive method by tracing the opinions of jurists from the four schools of thought in many traditional and Hadith books. He also uses the analytical method in explaining and discussing each of these opinions in detail, and then the deductive method in weighting the opinions of the jurists on the ruling of the visit in terms of the science of jurisprudence and issuing suggestions to the Malaysian government based on the science of Shari'ah policy. One of the findings of the research is that the scholars differed on the ruling of entering the temples of infidels into three opinions: permissible, unacceptable and prohibited. The researcher favours the permissible view over the other two due to the strength and clarity of its evidence and is supported by many of the traditions of the companions and followers. However, from the perspective of Sharia policy, the researcher suggests to the Malaysian government to prohibit Muslim citizens in this country from visiting the temples of infidels without any need, and this prohibition is in accordance with the prevention of harm, the purposes of preserving religion, custom, and the jurisprudential rule; preventing harms is prior to bringing benefits.