POSTGRADUATE STUDENTS & ACADEMIC COLLOQUIUM 2019 ... 2019 Stu… · DEPARTMENT OF FIQH AND USUL...

Proceeding

POSTGRADUATE STUDENTS & ACADEMIC COLLOQUIUM 2019 DEPARTMENT OF FIQH AND USUL AL-FIQH

DATE

28th & 29th August 2019

(Wednesday & Thursday)

VENUE

DEPARTMENT OF FIQH AND USUL AL-FIQH

KULIYYAH OF ISLAMIC REVEALED KNOWLEDGE AND HUMAN SCIENCES

IIUM

ORGANIZER


KULIYYAH OF ISLAMIC REVEALED KNOWLEDGE AND HUMAN SCIENCES

IIUM

Proceeding

POSTGRADUATE STUDENTS & ACADEMIC COLLOQUIUM 2019 DEPARTMENT OF FIQH AND USUL AL-FIQH

ISSN 9770000020193 (Volume I, No. 1, 2019)

Proceeding

POSTGRADUATE STUDENTS & ACADEMIC COLLOQUIUM 2019

Volume I, No. 1, 2019

HONOURABLE EDITORS Prof. Muhammad Amanullah.

Assoc. Dr. Luqman Zakariyah

CHIEF EDITOR Dr. Ahmad bin Muhammad Husni

EDITORS

Dr. Muntaha bin Artalim Zaim

Dr. Nan Noorhidayu bt Megat Laksana

Dr. Mohd Fuad Sawari Dr. Mustafa bin Mat Jubri @Shamsuddin

Dr. Saidatolakma binti Mohd Yunus

POSTGRADUATE STUDENTS & ACADEMIC COLLOQUIUM (ISSN

9770000020193) is published to discuss papers from postgraduate students. Topics of the paper cover a wide range of areas based on students' academic writing at master and doctoral level. It is a platform of acquiring information and discussion on legal and social rulings which contains scientific writing, summary of research results, hypotheses, surveys and other academic works. The editors invite experts, scholars, practitioners to discuss and write freely and creatively as they engage with the wider community. Editors can shorten and improve their writings without changing its meaning and content. The articles do not describe the publishing institution of this journal, they are all authors' own views.

PUBLISHED BY:

DEPARTMENT OF FIQH AND USUL AL-FIQH KULIYYAH OF ISLAMIC REVEALED KNOWLEDGE AND

HUMAN SCIENCES IIUM

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HUMAN SCIENCES IIUM

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CITATION:


DISCLAIMER

The views, opinions and technical recommendations expressed by the

contributors and authors in these proceedings are not necessarily those

of the editors, the department, the faculty nor the university.

While every attempt has been made to ensure consistency of the format

and the layout of the proceedings, the editors and the organizing

committees are not responsible for the content of the papers and the

views in these proceedings.

CONTINENT

1. Comparing Shair`Ah with Law: Lessons from

Methodology of Comparative Law

1

Prof. Dr. Sayed Sikandar Shah Haneef. 2.

The Role of Hirabah’s Punishment to Preserve the Objectives of Shari`ah

3.

Prof. Dr. Muhammad Amanullah.

Islamic Parameter On ʿurbūn Contract: A Critical

Analysis

Dr Mohd Afandi Awang Hamat

4.

5.

6.

7.

8.

9.

`10.

11.



COMPARING SHAIRÀH WITH LAW: LESSONS FROM METHODOLOGY OF

COMPARATIVE LAW

Prof. Dr. Sayed Sikandar Shah Haneef

ABSTRACT

Comparing Shariah with law is a common practice both in the Shariah and law schools.

There are various levels of comparison from a simple curiosity to find the differences and

similarities between Shariah and a positive legal system, whether Common Law or Civil

Law, to a more advanced level of comparing legal postulates and concepts in the two

systems in order to harmonize and reconcile. Depending on the purposes, methodology also

differs mere comparison between a statutory law and fiqh, conducting a thorough analysis of

the two systems in terms of origins, sources and practical applications, and conceptual

analysis beyond language similarities. In consequence, in terms of end-goal, there has been

divergent approaches to the harmonization of Law with Shariah containing even skewed

views. To remedy this, this paper argues that an analysis of methodology of comparing

different legal systems in conventional law may offer some useful lessons for comparing

shariah with law in terms of sophistication of methodology which is needed for comparing

the laws of different genre and purports.

Keywords: comparative law, lessons, methodology, shariah.

The Role of Hirabah’s Punishment to Preserve the Objectives of Shariàh

Prof. Dr. Muhammad Amanullah

ABSTRACT

Allah (SWT) provided His Shariàh to preserve certain higher objectives, which are religion,

life, wealth, progeny, intellect and prestige. In order to preserve these objectives, He

prescribed two broad categories of rules: first, rules related to performing some deeds;

second, rules related to prohibition of certain deeds. Among the deeds prohibited by Him are

intentional and oppressive killing, and crimes of hudud. This paper intends to focus on a

crime of hudud, i.e. hirabah (highway robbery). Nowadays this crime has spread widely

among both Muslim and non-Muslim societies, which has continuously caused many

different types of individual and collective problems which have led to disorder, chaos and

tremendous discomfort among the society. In other words, this crime has continuously

contributed to destroying the above-mentioned higher objectives of Shariàh. In order to

prevent the destruction of these objectives and preserve them, Allah (SWT) prescribed

certain punishments for this crime, besides many other rules and punishments for other

crimes. Based on the verses of the holy Qur’an, ahadith of the Prophet (pbuh) and statements

of Muslim scholars, this research paper primarily aims to analytically discuss how the

punishment of highway robbery contributes towards preserving the higher objectives and

some other objectives of Shariàh.

Keywords: Hirabah, Punishment, Preservation, Objectives of Shariàh.



ISLAMIC PARAMETER ON ʿURBŪN CONTRACT: A CRITICAL

ANALYSIS

Dr Mohd Afandi Awang Hamat

ABSTRACT

It is well-known to all that the aim and the objective of various contacts in Islamic Law as

mentioned by Muslim jurists, unlike predominantly secularist system, are not primarily

based on the concept of selfishness, greediness, and materialistic. These contracts, as

highlighted by many Muslims Jurists are rather based on the true concept of human well-

being (falāẖ) in this life and life after, and it is also based on the concept of good life (Ḥayāh

Ṭayyibah) which gives utmost importance to these values especially in various commercial

activities. Islam, therefore, condemn any form of cheating, political manipulation and

economic exploitation as strongly as social extremes and individual dishonesty. Indeed, as

emphasized by Muslim jurists, a true Islamic society is based upon honesty, welfare, justice,

mercy, sincerity, wisdom, integrity, morality, trustworthiness, and fraternity, and it is

absolutely intolerant of dishonesty in all its various forms and practices. This paper

scrutinizes the right of Consumers according to Islamic Law if they have forfeited certain

amount of deposit (ʿaqd al-‘urbūn) in their business dealings, if they were not to continue

with such business dealings, in the light of the costumer right in Islamic transaction. Islam

as the religion revealed by Allah SWT demands mankind to work hard in order to gain

livelihood in this worldly life. Allah said in the Holy Qur’ān:

في الأرأض وابأتغوا من فضأل الل واذأكروا الل كثيرا لعلكمأ تفألحون فانتشرواالصلة فإذا قضيت

Meaning: And when the prayer is finished dispersing through the land and seek Allah’s

grace, and remember Allah greatly so that you may be felicitous1.

In another verse, Allah SWT said:

إليأك ول تبأغ الأفساد في الأرأض إن الل وابأتغ فيما آتاك الل الدار الأخرة ول تنس نصيبك من الدنأيا وأحأسن كما أحأسن الل

ينل يحب الأمفأسد

"And seek, with the (wealth) which Allah has bestowed on thee, the Home of the Hereafter,

nor forget thy portion in this world: but do thou good, as Allah has been good to thee, and

seek not (occasions for) mischief in the land: for Allah loves not those who do mischief."2

However, they must make sure that the properties gained must be legal and halal. Thus,

Allah SWT did not allow any Muslim to obtain properties (al-Amwāl) through illegal (ḥarām

) means. This paper will highlight the meaning of contract of ‘Urbūn as mentioned by

Muslim jurists. This paper will also provide view of Muslim jurists in regard to the contract

of ‘Urbūn and relate it the Option of Stipulation. Therefore, Muslim traders must run their

business in the manner that is required by Allah SWT and as mentioned by His Prophet

1 Qur’ān; Sūrat al-Jumuat verse 10 2 Qur’ān; Sūrat al-Qaṣaṣ verse 77



SAW. In Islamic Law, anyone who obtained property through illegal means is subject to the

curse of Allah SWT and His angels. In addition to this, Allah SWT will provide hellfire in

Hereafter (Ākhirah) for those who are taking and eating other properties without due rights.

In Islam, Lies and dishonesty in a business deal will cause the loss of the God’s blessing

(barakah), and will bring disaster and finally causes someone to go to the Hellfire of Allah in

ākhirah.

Key Words: ‘urbūn, māl al-ḥarām, barakah, al-Sharṭ



ABSTRACT

The recognition of the novelty of a term in which the jurisprudence of minorities requires a

statement of the reasons and objectives that led to its emergence, with reference to the

character of that term from other terms that are similar or used in place. Especially when the

scholars say that the term "Jurisprudence of Minorities", though it emerged late, the concept

and meaning was absent in the books of Islamic jurisprudence, as the scholars in the past

have dealt with different names which carried peculiarities of their conditions and

environments. Thus, we see on one occasion they describe their land as "Dar-al-Islam" and

"Dar-al-Kufr" and in another occasion "Dar-al-Ahd" and "Dar-al-Harb" and others to refer to

the circumstances that they experienced. In short, the emergence of this term with its

meaning remaining with the people in the past, raises some important questions, which

require an answer through Sharia’. One of these sharp questions is what are the objectives of

"minority jurisprudence"? What are the characteristics of this concept from other terms used

by scholars in the past and recent? What is the position of this jurisprudence to the traditional

jurisprudence? What are the historical models that can be benefitted from the view of

minority jurisprudence? Etc... This research will address these fundamental issues relating to

minority jurisprudence and will look into it through the inference of texts and the

transmission of some historical models that will help to shed light on them.



Mechanisms of Promoting Economic Peace and Security: An Islamic Perspective



Dr. Ahmad Bin Muhammad Husni, Kurorso Dengni

POSTGRADUATE STUDENTS & ACADEMIC COLLOQUIUM 2019 ... 2019 Stu… · DEPARTMENT OF FIQH AND USUL...

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