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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam El-Usrah: Jurnal Hukum Keluarga
Ismail, Nurbazla
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Perspectives of Legal Practitioners on the Concept and Categories of Third Parties in the Household under Islamic Family Law in Malaysia Ismail, Nurbazla; Mohamad, Abdul Basir
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 2 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i2.26652

Abstract

Islamic Family Law in Malaysia provides an interpretation for divorce including punishment for factors that cause divorce, especially for certain groups. However, the factor discussed in this study is the involvement of a third party in the household. Questions arise regarding the term ‘third party in the household’ and how to categorise this third party. Therefore, this study aims to clarify the definition and categorisation of the third party in the household. This study uses a qualitative approach that collects data using document analysis methods and semi-structured interviews taken in three Syariah Courts located in the states of Selangor, Kelantan, and Terengganu. The results of the study are analysed using descriptive and thematic methods. Based on the interview findings, this study reveals that there is no specific interpretation of the term ‘third party in the household.’ A third party in a household is defined by the role they play in association with the household. As for the categorisation of the third party, two categories are identified: parents/in-laws/siblings and society/strangers/outsiders. This study provides significant implications to legal practitioners and researchers regarding the term ‘third party in the household’ that can be used to uphold justice in cases involving divorce.
Environmental Preservation and Water Pollution from the Islamic Perspective Mohamad, Abdul Basir; Ismail, Nurbazla
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i2.16019

Abstract

Islam is a religion of peace, security, and prosperity for all beings in our surroundings. This paper aims to discuss environmental and water pollution according to Islamic views. The study of environmental protection, environmental control, preservation, and balance of nature is something that is urgent from an Islamic point of view. This research is qualitative research that obtains data from primary and secondary sources, namely books, articles, journals, and papers. Data were analyzed inductively, deductively, and comparatively regarding Islamic sources and environmental science. After that, all data was collected and recorded descriptively. This study concludes that Islamic law strictly prohibits all actions that can damage and destroy the environment. The environment must be maintained and monitored as best as possible from the occurrence of something that can damage it. The term damage is often repeated by Allah SWT in the Qur'an to show that it is something that is important to understand and must be fully paid attention to in order to ensure environmental sustainability. Environmental damage comes from human actions that clearly damage this earth and human beings themselves. Human behavior is usually influenced by desire regardless of the consequences for the environment. The research also argues that Islamic law is very concerned about protecting the environment and prohibits strict environmental encroachment and if there are parties who pollute air resources, they can be prosecuted. This paper contributes to environmental preservation according to the Islamic perspective.
Co-Authors Mohamad, Abdul Basir