Jurnal Syariah

APLIKASI WAKAF MU’AQQAT DI MALAYSIA: ANALISIS KRITIKAL DARI PERSPEKTIF PEMBANGUNAN EKONOMI ISLAM

Noor Ain Alin @ Nordin, Asmak Ab Rahman, Raditya Sukmana — Wed, 26 Feb 2025 00:00:00 +0800

The overall potential of wakaf mu’aqqat (temporary waqf) as an instrument to enhance and grow the Islamic economy has shown significant impact. It can be carried out through multiple methods based on the suitability of the situation in order to achieve the desired results that would impact the general public. Although, this has yet to be practice widely in Malaysia due to different mazhab understanding and holdings, it could play a crucial role in enhancing the current wakaf structure which will be in line with maqasid syariah reflective of permanent wakaf. Nevertheless, this instrument has yet to be tabled and explore thoroughly. Thus, this research was carried out meticulously to observe as well as record the impact in line with maqasid syariah from the perspective of the Islamic economies growth through the application of wakaf mu’aqqat. This study employed a data collection methodology combining library research and interviews, which analysed using thematic content analysis. The research is completed in hopes that it will be a future guide and reference in tandem to the efforts of increasing the participation of wakaf. This will directly or indirectly contribute to the growth of the Islamic economy in Malaysia that would benefit the Islamic society.

NANOPARTIKEL EMAS DALAM PRODUK KOSMETIK: PENELITIAN AWAL DARIPADA PERSPEKTIF MAQĀṢID AL-SHARĪ‘AH

Nurul Ainna Che Mohd Rashid, Nor 'Azzah Kamri, Norhidayah Pauzi — Fri, 07 Mar 2025 00:00:00 +0800

Gold is a highly valuable metal with diverse functions. Currently, gold is widely used in various fields, including cosmetics such as gold nanoparticles in skincare products. Therefore, the use of gold nanoparticles in facial cleansers, scrubs, and serums has sparked debate in fatwa institutions related to the cosmetics industry. However, the use of gold nanoparticles carries both benefits (maslahah) and harms (mafsadah) that require evaluation. Thus, this study aims to conduct preliminary research on the use of gold nanoparticles in cosmetic products based on the maqāṣid al-sharī‘ah framework, particularly focusing on the maslahah and mafsadah of their usage. For this purpose, the study employs a qualitative approach to gather literature and fatwas related to gold. This is followed by a content analysis focusing on two main themes: the maslahah and mafsadah of using gold in cosmetic products. The findings from previous studies highlight the general effects of using gold nanoparticles, which include significant benefits (maslahah) such as anti-aging properties, alongside its harms (mafsadah) such as potential health risks. However, the permissibility status issued by the Federal Territories Mufti Department and the Indonesian Ulama Council emphasizes the element of benefits (maslahah) in determining the hukm on the use of gold nanoparticle-based cosmetics for men. The study, grounded in maslahah and mafsadah, as well as textual (naqli) and rational (‘aqli) evidence, is crucial to establish authoritative guidance for the welfare of the ummah and the sustainability of the halal cosmetic industry.

EVALUATION OF THE KENYAN KADHI’S COURT BENCH BOOK FROM AN ISLAMIC SHARIA PERSPECTIVE: FOCUSING ON THE MARRIAGE SECTION

Manswab Mahsen Abdulrahman, Abdul Hafiz Musa Walusimbi — Sun, 16 Mar 2025 00:00:00 +0800

This study critically evaluates the Kadhis Court Bench Book, specifically examining the marriage section in Chapter Four, Articles 1 through 20, via the framework of Islamic Sharia. It assesses the strengths and weaknesses of these provisions, focusing on aspects of clarity, consistency, and adherence to Islamic legal principles. The research problem regarding the enactment of the Kadhis Court Bench Book arises from the judiciary's acknowledgment of inconsistencies in verdicts resulting from divergent opinions among the various schools of thought. To conduct this evaluation, a qualitative approach will be adopted, using methods such as document analysis, comparative analysis, case study review, and data interpretation. The findings show that the Bench Book lacks systematic organization, with certain sections deviating from essential Sharia principles or offering insufficient clarity. The reliance on lesser-known madhhabs in its application in Kenya contributes to inconsistencies, as certain provisions do not fully adhere to fundamental Sharia principles. Some provisions are difficult to implement and the arisal of ambiguities and gaps in specific provisions can lead to differing interpretations. Ultimately, the study recommends the creation of a systematical framework for continuous monitoring and evaluation of the Bench Book’s implementation, facilitating timely revisions to address emerging challenges in marital jurisprudence.