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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.
The Protection of Animals under Malaysian and Islamic Law Mohamad, Abdul Basir; Ismail, Nurbazla
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 3 (2025): 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.v9.i3.26927

Abstract

The topic of animal protection within the framework of Islamic law is receiving more and more attention in contemporary society. Even though the Quran and hadiths contain explicit verses highlighting the significance of protecting animal rights and welfare in connection to environmental conservation, numerous instances of animal abuse and cruelty continue to occur at all societal levels. According to a report published by the Department of Veterinary Services (DVS), there has been a significant rise in animal abuse instances in Malaysia. From 2021 to June 2024, 7,613 abuse complaints were received, with the biggest number occurring in Selangor. Dogs are the most mistreated animals, followed by cats and other creatures. This problem is not limited to animals. The ecosystem’s equilibrium, human-environment relations, and animal welfare are all impacted by this problem. Hence, the objective of this study is to analyse how Malaysian and Islamic law treat animal protection. This study’s methodology is qualitative and focuses on gathering data from a variety of primary and secondary sources, such as the Quran, hadith, books on Islamic jurisprudence, and scholarly sources like laws, books, articles, journals, and papers about animal protection and animal abuse cases. In the meantime, descriptive and comparative methods are used to analyse data. According to this study, Islam firmly condemns animal cruelty, as evidenced by numerous Quranic verses and the Prophet’s (peace be upon him) hadith that stress the value of animal welfare. Islam also mandates that people treat animals with compassion. In the meantime, the Animals Act 1953 (Revised 2006) (Act 647) and the Animal Welfare Act 2015 (Act 772) in Malaysia rigorously guard against any cruelty or damage to animal habitats. Animal abuse and cruelty must be condemned in order to preserve natural harmony and ecosystem equilibrium. The findings of this study have consequences for society in terms of protecting animals in line with Islamic laws and expectations.
Co-Authors Mohamad, Abdul Basir