Legal harmonization is a fundamental notion of comparative law that has been on the international and national agendas for the last decade. Harmonization, which derives from the word “harmony,” has ...a variety of meanings, one of which, in the perspective of the discussion of this topic, is the readiness and the openness to recognize, acknowledge, adopt, or accept anything produced, practiced by or originating from man-made laws, modern secular traditions, customs and usages, cultures, societies, systems or institutions which is considered to be in “harmony” with or not opposed to the worldview, principles, values, teachings, and norms of Islam. Thus, the conceptualizing approach of harmonization of legal knowledge and education is a process of actualizing the divine imperatives in the legal arena. In Malaysia, several endeavors have sought the similarity between legal rules from different jurisdictions; however, their achievements remain contested since there is no comprehensive understanding of the nature and extent of harmonization. Thus, this article examines different facets of harmonization by considering it a legal phenomenon instead of a distinct process of drafting similar rules. Adopting a comprehensive understanding of harmonization as a legal phenomenon may help better assess the strengths of the implementation processes and formulate adequate new legal endeavors.
This first detailed study of slavery in medieval Yemen examines the lives of women and men who were enslaved as children and then placed in various subaltern positions - from domestic servant to ...royal concubine, from quarryman to army commander.
Diese erste detaillierte Studie der Sklaverei im mittelalterlichen Jemen analysiert das Leben von Frauen und Männern, die als Kinder versklavt wurden und dann verschiedene Rollen für ihre Besitzer:innen einnahmen - von Hausgehilfinnen und Steinbrucharbeitern bis hin zu königlichen Konkubinen und Kommandanten.
Guardianship ‘Tutelae’ as a legal concept is as old as mankind. In antiquity, the communal and societal guardian is referred to as a messenger of God, prophet, priest and etc. He or she is believed ...to be a divine guardian that is appointed by God to lead each community or society, custodis mortalis. However, guardianship as an institution is not restricted to the communal and societal systems alone; it is also important to the family system and to the individual person when he or she is a minor or incapacitated. The institution is important to ensure that the interest of the present and future generations and the care of the people as o whole are preserved. However, the institution has positively undergone various developments in the present. Its importance and its transformations are discussed in this paper from the perspective of Shariah and Positive Laws.
The yeast, Saccharomyces cerevisiae, is the protagonist in brewing, while spent brewer
yeast is a by-product of beer production. Khamr or intoxicant, and its by-product, are
prohibited by Shariah, ...whereas yeast is used to produce alcoholic beverages. Generally,
the yeast dies after alcohol fermentation, but some of them settle at the bottom of the
fermentation tank. Concerns arise about whether post-purification of spent brewer yeast
will take place as it is initially considered impure (najs) because alcoholic fermentation
occurs in yeast cytosol. This study examined spent brewer yeast’s halal status,
investigated the formation of spent brewer yeast, and analyzed methods of legal ruling on
spent brewer yeast according to Shariah and science perspectives. Qualitative approaches
had been applied including library research, fiqh adaptation (al-takyif al-fiqhi), and
content analysis. Istihalah (transformation), debittering, and decolourization have been
proposed for purification. Study shows that spent brewer yeast colour changed from
chocolate brown to cream-white after purification, but there is still no complete removal
of bitterness from beer achieved. The study concludes that spent brewer yeast can be
permissible (halal) for consumption if the colour, odour, and taste of the beer are
completely purified from the spent brewer yeast.
Islamic Microfinance rides two recent growing trends: conventional microfinance and Islamic banking. It offers financial flexibility to the poorest strata of the population in different Muslim ...countries by borrowing and mixing techniques from these two sources. In particular, risk management and loan qualifications tend to be similar to those operating inside conventional and Islamic financial institutions. The loan approval process heavily relies on scoring applicants mostly on their financial criteria. This paper aims to demonstrate that an alternative framework based on artificial intelligence improves traditional financial techniques. This framework also resonates more with the fundamental and specific values of Islamic Microfinance as it captures some non-financial attributes of the applicant that are informationally rich. We first present the critical components of this novel approach. Then, we apply it to a business case (approximately 30,000 applications to a microfinancing institution in the Central African Republic) to demonstrate its usefulness.
Is it possible to be religiously exclusive and socially inclusive? How do we deal with those outside of our own religious community who have completely different and sometimes conflicting views on ...what should be considered true and right behaviour? What if a religious tradition orders the expulsion or killing of those who leave the faith community and adopt another worldview? This book focuses on biblical texts concerning exclusivity and apostasy, studying different interpretations of such texts. It starts with the Jewish and Christian tradition of the Hebrew Bible, continues with texts from the New Testament, and explores diverse social studies to find ways of understanding the relationship between exclusion and inclusion today. Part of this exploration is the interaction with Jewish and Islamic voices. The collection ends with a systematic and missiological reflection on the issues Christian churches and other religious communities must address today.
Is it possible to be religiously exclusive and socially inclusive? How do we deal with those outside of our own religious community who have completely different and sometimes conflicting views on ...what should be considered true and right behaviour? What if a religious tradition orders the expulsion or killing of those who leave the faith community and adopt another worldview? This book focuses on biblical texts concerning exclusivity and apostasy, studying different interpretations of such texts. It starts with the Jewish and Christian tradition of the Hebrew Bible, continues with texts from the New Testament, and explores diverse social studies to find ways of understanding the relationship between exclusion and inclusion today. Part of this exploration is the interaction with Jewish and Islamic voices. The collection ends with a systematic and missiological reflection on the issues Christian churches and other religious communities must address today.
Purpose of the study: This article focuses on the definition of ‘illegitimate children’ in Muslim society in Malaysia based on its perspective of Shariah law, Islamic family law, civil law in ...Malaysia, and the existing perception of the Muslim society in Malaysia. This study also aims to compare the legal terms of ' illegitimate children' from various perspectives with the layman definition of illegitimate children.
Methodology: Research information has been obtained through the documentary data collection based on report and annual data from the Malaysian government, non-government agencies and relevant turath scriptures to obtain the best definition of “illegitimate child”. Once data have been collected, the data have been analysed using a content analysis method through deductive or inductive reasoning.
Main Findings: The result shows that the term ‘illegitimate children’ is based on the opinions of the Muslim Scholars which is the child conceived from adultery act without a legal marriage. However, the definition of illegitimate children is broad and varies among the existing authoritative bodies in Malaysia, which include a child conceived from an adultery act, unregistered because of lack of proper documentation for registration.
Applications of this study: The results of this study are expected to assist the authorities especially Malaysian Islamic Development Office - Jabatan Kemajuan Islam Malaysia (JAKIM), National Registration Department (JPN), Ministry of Health Malaysia (MOH), Islamic State Department of Malaysia, Shariah Courts in Malaysia and other agencies and NGOs in formulating strategies and taking follow-up actions. In addition, this study will become a reference to individuals, researchers, academicians, students, and the public in Malaysia.
Novelty/Originality of this study: The misunderstanding about the definition of an illegitimate child according to JPN, added by the fact that JPN does not have the jurisdiction at all to determine the validity of the child that is supposed to be placed under the Shariah Court, has triggered an ongoing polemic in the Muslim community in Malaysia, concerning this child status issue.
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