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Binti Ali, Nurul Badriyah
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Musykilah al-I’tidā ala al-Mahārim fī Malaysia: Tahqīqu Ahammiyati Qīmah al-Isti’dzān fi al-Islām wa Jawānibuhā al-Tarbawiyyah Binti Ali, Nurul Badriyah; Elatrash, Radwan Jamal
Mazahib VOLUME 16, ISSUE 1, JUNE 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1317.452 KB) | DOI: 10.21093/mj.v16i1.773

Abstract

The problem of incest, including its incidence among Muslim societies, is one of the major legal cases faced by lawyers in Malaysia. Incest cases are often hidden because they are considered a disgrace of the family and society that cannot be forgiven. As a result, justice for the victims is difficult to enforce, and the case continues to occur because the law is considered not able to ensnare the perpetrators (deterrence effect). One researcher found that among the causes of incest is the ignorance of Islamic law in everyday life, especially in applying the values of "isti'dzān" (asking for permission). The concept of "isti'dzān can keep the soul and human behavior from falling into social problems. This is because the private territory (space and time) of family members, who live in the same house, including their modesty in dressed in the house, has been regulated by Shari`a in such a way. This paper is an analysis of the legal philosophy of the concept of "isti'dzān" in relation to the incidence of sexual intercourse, and the possibility of its application among Malaysian Muslim society. This paper concludes that applying the concept of asking permission to enter the private territory of family members living in the home is important to maintain the honor of each family member. This is very likely applied in Malaysian Muslim society through religious education on "isti'dzan" in schools or places of worship. With "isti'dzan" and keeping the modesty at home, it is expected that incidents of sexual intercourse can be prevented.Keywords: Islamic permission value, Islamic educational aspect,incest problem
Naẓariyāt al-Ḥiyal fi al-Usrah al-Muslimah Binti Ali, Nurul Badriyah
Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (811.188 KB) | DOI: 10.21093/mj.v15i2.633

Abstract

This article discusses ḥilah (plural: hiyal) or stratagem in Islamic family law. Hilah is one of the most important concepts in Islamic jurisprudence (fiqh). Hilah is simply defined as an attempt to manipulate the law and replace it with other rules without losing the essence of the law. The question that arises is what is the ruling of legal engineering in Islam? By means of normative study, this article presents the legal opinions regarding hilah in Islam. This study reveals that hilah can be divided into two kinds: Hilah Jaizah (allowed hilah) and Hilah Muharramah (forbidden hilah). Hilah jaizah is allowed in Islam by looking at certain conditions. In the context of Islamic family law, hilah can be done in such following conditions as: the bride's requirements of her prospective husband so as not to committing polygyny, and if that happens then the wife may sue him for divorce. Other conditions include when someone is allowed to admit to be infidel (kafir) for the sake of his/her family safety. Meanwhile, a case of hilah muharramah is doing tahlil marriageKeywords: Ḥilah in Islam, Islamic family law
Maqasid Shariah in Family Institutions: Analysis of the Prenuptial Course Module in Malaysia binti Ali, Nurul Badriyah; binti Ramli, Angraini; binti Ahmad, Hakimah
Mazahib VOLUME 19, ISSUE 2, DECEMBER 2020
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v19i2.2567

Abstract

Of significant purposes of marriage in Islam are building self-serenity, developing a harmonious family with positive values, being a perfect platform to show love, affection, and gratitude among each member. Ironically, these purposes are immaterialized in some marriages as divorce cases are still high in Malaysia. Introducing compulsory pre-marriage course is among other actions taken by the government to protect its continuity. This article aims to study the module of the compulsory pre-marriage course and highlights elements of Maqasid Shariah in family and marriage. By Using the descriptive analysis method, this article argues that the modules have covered the whole elements of Maqasid Shariah. For instance, the faith and worship chapter is one factor in maintaining one's marriage and creating an individual's excellent character, which served them a better and happy life while preserving the religion itself. Highlighting Maqasid Shariah elements helps us understand the importance of building a fine family and preserving harmony within. Hence, a candidate who attends this prenuptial course build a good understanding among family members better than those who did not attend the pre-marriage course and, therefore, can maintain their relationship in marriage. Keywords: Maqasid Shariah, prenuptial course module (MKPPI), family institution, Malaysia
Co-Authors binti Ahmad, Hakimah Binti Ramli, Angraini Elatrash, Radwan Jamal