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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
DEPARTMENT OF FIQH AND USUL AL-FIQH
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:
POSTGRADUATE STUDENTS & ACADEMIC COLLOQUIUM 2019
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.
POSTGRADUATE STUDENTS & ACADEMIC COLLOQUIUM 2019
DEPARTMENT OF FIQH AND USUL AL-FIQH
COMPARING SHAIR`AH 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 Shari`ah
Prof. Dr. Muhammad Amanullah
ABSTRACT
Allah (SWT) provided His Shari`ah 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 Shari`ah. 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 Shari`ah.
Keywords: Hirabah, Punishment, Preservation, Objectives of Shari`ah.
POSTGRADUATE STUDENTS & ACADEMIC COLLOQUIUM 2019
DEPARTMENT OF FIQH AND USUL AL-FIQH
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
POSTGRADUATE STUDENTS & ACADEMIC COLLOQUIUM 2019
DEPARTMENT OF FIQH AND USUL AL-FIQH
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
POSTGRADUATE STUDENTS & ACADEMIC COLLOQUIUM 2019
DEPARTMENT OF FIQH AND USUL AL-FIQH
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.
POSTGRADUATE STUDENTS & ACADEMIC COLLOQUIUM 2019
DEPARTMENT OF FIQH AND USUL AL-FIQH
POSTGRADUATE STUDENTS & ACADEMIC COLLOQUIUM 2019
DEPARTMENT OF FIQH AND USUL AL-FIQH
POSTGRADUATE STUDENTS & ACADEMIC COLLOQUIUM 2019
DEPARTMENT OF FIQH AND USUL AL-FIQH
POSTGRADUATE STUDENTS & ACADEMIC COLLOQUIUM 2019
DEPARTMENT OF FIQH AND USUL AL-FIQH
Mechanisms of Promoting Economic Peace and Security: An Islamic Perspective
POSTGRADUATE STUDENTS & ACADEMIC COLLOQUIUM 2019
DEPARTMENT OF FIQH AND USUL AL-FIQH
Dr. Ahmad Bin Muhammad Husni, Kurorso Dengni
POSTGRADUATE STUDENTS & ACADEMIC COLLOQUIUM 2019
DEPARTMENT OF FIQH AND USUL AL-FIQH