Jurnal Syariah

INTERNATIONAL CIVIL AVIATION LAW INSTRUMENTS AGAINST AIR TRANSPORT TERRORISM: AN ANALYSIS FROM THE ISLAMIC LAW PERSPECTIVE

Ismail Adua Mustapha — 2024-04-30

Air transport terrorism is as old as the emergence of civil aviation itself. Illegal acts such as “air piracy” (aircraft hijacking); “aircraft destruction”; and kidnapping of passengers (“hostage-taking of passengers”) were popular ways of terrorizing air transport. To guide against the continuous perpetration of these heinous acts, the International Civil Aviation Organization member states wagged war through certain instruments such as definition, punishment, extradition of the offenders and the State with jurisdiction over the offence are stated in the anti-air terrorism conventions. Yet the various acts of terrorism persist to the extent that new emerging aviation terrorism activities are springing up either for political, economic or religious ideology. It is on this note that this paper analyses the instruments from the Islamic law perspective to the dynamism and development of Islamic law in its interaction with modern issues or practices such as civil aviation terrorism. The paper is doctrinal wherein qualitative legal research methodology is adopted. The primary and secondary sources of international civil aviation and Islamic law are analysed to achieve the aim and objectives of the paper. It is found that the act of air terrorism is rightly impermissible under Islamic law. It further finds that the definition of the offence under Islamic Law is wider than that of conventional law; jurisdiction is universal; punishment is more severe; and extradition is compulsory. The paper concludes that the act of terrorism in whatever form is tantamount to waging war against the principle of Maqasid al-Shari‘ah. The paper therefore recommends an urgent review of international civil aviation law instruments against air terrorism, particularly the provisions relating to punishment and jurisdiction, to be in line with Islamic law.

TADBIR URUS SYARIAH BAGI PENYELESAIAN ISU-ISU PEMBANGUNAN WAKAF DI MALAYSIA: KAJIAN KES DI BEBERAPA NEGERI TERPILIH

‘Adnin Ibrahim — 2024-07-17

This paper analyzes the governance implemented to resolve Shariah-related issues in the development of waqf in Malaysia. The study adopts a qualitative research approach employing a collective case study design. Four states were selected as study samples, and semi-structured interviews were conducted with officers from the State Islamic Religious Council (SIRC) or its subsidiaries appointed as mutawalli, officers from the State Mufti Department, as well as Muftis, Deputy Muftis, or members of the State Fatwa Committee. Thematic analysis is employed to highlight themes related to the governance of resolving Shariah issues in the development of waqf in Malaysia. The findings indicate that the development of waqf in Malaysia is subject to governance at the state rather than federal level. Consequently, in the context of Shariah governance for waqf development, two institutions in each state are involved, namely the waqf institution as mutawalli managing waqf assets and the Fatwa Committee. Additionally, the Fatwa Committee plays an advisory role for the waqf institution in ensuring Shariah compliance of products and waqf development management.

WAKAF PERKHIDMATAN: PERSPEKTIF FIQH DAN CADANGAN PELAKSANAAN

Zubair Amir — 2024-07-17

Waqf is one of the Islamic philanthropies that can help improve the socio-economics of a society through humanitarian services and waqf is not limited to assets. In developing waqf property, the issue of manpower and management costs is a challenge for managers because it involves large and continuous funds. There is a need to clarify the law of using cash waqf to finance the cost of human resources. The objective of this study is to clarify the necessity of service waqf as well as its application in the development of waqf property through jurisprudential debate. This study uses a qualitative method by gathering the views of jurists regarding cash waqf, waqf benefit, and permanent conditions on mawqūf. The data is then analyzed and appropriate views are presented taking into account the current situation in Malaysia. The findings of the study show that the appropriate service waqf implementation is through the contribution of benefits to the public by donating the service wage payment to a waqf body. Therefore, the contribution of the benefit is named a service waqf scheme which consest of a voluntary contribution of expertise to the community. This kind of implementation is permissible according to the majority of jurists who allowed cash waqf. In order to encourage the community to give waqf through this scheme, the wāqif can get an income tax deduction from the amount of labor wages that is waqf. In addition, the company can introduce a program in the form of volunteering to encourage the contribution of expert energy for free by branding it as a service waqf contribution.