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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam International Journal of Economic, Business, Accounting, Agriculture Management and Sharia Administration (IJEBAS) Quru’: Journal of Family Law and Culture Jurnal Hukum Islam Jurnal Mediasas : Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah An-nisa: Journal of Islamic Family Law International Journal of Religious and Interdisciplinary Studies Journal of Islamic Economic Laws Indonesian Journal of Sharia and Socio-Legal Studies
Saujan, Iqbal
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Islamic Law on Animal Rights and Welfare in the Sri Lankan Context: An Islamic Analysis on the Animal Welfare Bill of 2006 Long, Ahmad Sunawari; Razick, Ahamed Sarjoon; Saujan, Iqbal
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.v7i2.16020

Abstract

The almighty Allah (SWT) has created all living beings, humans, birds, animals and insects.  He is who strongly asks people to treat animals with compassion and not to abuse them which are worthy of consideration and respect. In Sri Lanka, varying concepts are followed among different communities: Buddhists and Hindus consider slaughtering quadrupeds as a cruel act. Meanwhile, Muslims consider the similar act as a divine obligation (Qurbani and Uluhiyya). This study compares the Animal Welfare Bill, initiated by the Commission of Law of Sri Lanka on 2006, with the tenets of Islamic Law (Shariah) through a review of literature and thematic content analysis to identify areas where the right of the animal is violated. According to Animal Welfare Bill of 2006, these areas refer to the slaughter of animals for meals, transport of animals, use of live animals for scientific purposes, and cruelty relating to animals. These identified areas coincide with the identified areas espoused by the Prophet Mohamed (PBUH), and a solution produced to prevent such violation with the instruction of almighty Allah around 1400 years ago.
Dinamika Politik Hukum Batasan Usia Perkawinan di Indonesia: Antara Norma Agama dan Perubahan Sosial Kafidhoh, Siti; Asyari, Nadzif Ali; Ali Mutakin, Ali Mutakin; Saujan, Iqbal
Jurnal Hukum Islam Vol 22 No 2 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v22i2.06

Abstract

The change in regulations regarding the age limit for marriage in Indonesia is a response to the high rate of child marriage, which still faces various challenges in its implementation. This study examines the debate between tradition and modernity in child marriage practice, the legislative process, and the challenges faced in changing the age limit norms for marriage and marriage dispensation as a legal loophole in enforcing the age limit norms for marriage. The research method employs a normative juridical with statutory and conceptual approaches. The study results show that changes in the age limit norms for marriage aimed to protect children's rights. However, religious norms and social pressure influence its implementation through marriage dispensation in the Religious Court, resulting in inconsistencies in its law enforcement. This condition poses a challenge to harmonize religious norms with social change. This study emphasizes the need for a more transparent and strict marriage dispensation mechanism. In addition, increasing public legal awareness is the key to encouraging social changes that support child protection. Strengthening public awareness and consistent regulations is expected to minimize and suppress the number of child marriages.
The Application of the Qiyas Method in Islamic Legal Reasoning: A Review of Fatwas by the Indonesian Ulama Council (MUI) Nugraha, Iqbal Subhan; Waheeda, Waheeda; Mutakin, Ali; Aziz, Abdul; Saujan, Iqbal
International Journal of Religious and Interdisciplinary Studies Vol 2 No 1 (2025): March
Publisher : RaSAIL Media Group, Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64529/w5h57z04

Abstract

Fatwas have an important role in bridging the gap between the ideals of Islamic law and the ever-evolving social reality. This study examines the application of the qiyas method in fatwas issued by the Indonesian Ulema Council (MUI), focusing on its legal reasoning and relevance in contemporary contexts. Through a qualitative approach with content analysis techniques, this study examines several MUI fatwas that use the basis of qiyas, such as provisions on the prohibition of alcohol, the implementation of Friday prayers on ships, and the obligation of zakat on income. The results of the study show that qiyas is an important instrument for MUI in responding to modern problems by referring to analogies from classical Islamic texts. By adapting legal principles from the past to the present situation, MUI shows the flexibility of Islamic law in responding to the challenges of the times. This study confirms that qiyas not only functions as a classical method in fiqh proposals, but also remains relevant in formulating contextual and applicable fatwas. These findings show the dynamics of contemporary ijtihad and the importance of the role of scholarly institutions in maintaining the continuity between sharia and the needs of modern society.
Exploring Muslim Perceptions of Apostasy and Religious Freedom in Islamic Law: An Empirical Study in Sri Lanka Long, Ahmad Sunawari; Rufaida, Rajudeen Fathima; Saujan, Iqbal; Razick, Ahamed Sarjoon; Beevi, Hakeema
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (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/pz734h02

Abstract

Freedom of religion is a fundamental principle in the Universal Declaration of Human Rights (UDHR). However, some international human rights activists argue that Islam does not emphasize religious freedom. Despite this claim, historical accounts indicate that the prophetic tradition ensured religious freedom. While various studies have explored apostasy, they often overlook the perceptions of both Muslims and non-Muslims. Sri Lanka is a diverse country with multiple ethnic and religious groups and has experienced significant clashes over the years. Recognizing differences in views on apostasy among Muslims, this study examines their perceptions regarding religious conversion and its consequences in relation to Islamic legal norms derived from the Quran, Sunnah, and existing literature. The study focuses on the Kurunegala district, a region with a large pluralistic society. Using the Krejcie and Morgan sample selection table, 84 participants were selected, and self-administered questionnaires were used for data collection. The data were analysed using SPSS version 26. Additionally, research articles, books, and web publications were reviewed to construct a conceptual framework. The findings reveal that 78.9% of participants agree that Islam upholds religious freedom, while 16.1% disagree. A majority (78.5%) are unaware that Islam does not criminalize conversion under coercion, which contradicts Islamic teachings. Furthermore, 62.8% believe that individuals who convert from Islam to another religion should be punished, even if they do not harm the Muslim community. This study highlights the need to address misconceptions about apostasy among Sri Lankan Muslims, particularly in the Kurunegala district. It aims to contribute to strategies for reducing these perceptions and promoting a clearer understanding of Islamic teachings on religious freedom.  
The Role and Application of 'Urf as a Source of Islamic Law: A Historical Review and Fiqhiyah Rules Abdulah Pakarti, Muhammad Husni; Ending Solehudin; Maruf, Maruf; Saujan, Iqbal; Shakibiciu, Saeideh
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 3 (2025): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i3.300

Abstract

Urf or community customs have an important role in the development of Islamic law. As one of the sources of law, 'urf is recognized in fiqhiyah rules as long as it does not contradict the shar'i nash. This research aims to analyze the role and application of 'urf in Islamic law with a historical approach and examine the fiqhiyah rules related to its use. This research uses a qualitative approach with a literature study method. Data were collected from primary and secondary sources, such as classical fiqh books, academic journals, and Islamic legal literature. The analysis is done descriptively-critically to understand the historical development of 'urf and its relevance in fiqhiyah rules. The results show that 'urf has a significant role in the development of Islamic law, especially in the context of legal adaptation to social and cultural changes. Historically, 'urf has been used by scholars as a basis in determining laws that are relevant to the context of society, as long as they do not conflict with the principles of sharia. Fiqhiyah rules such as al-'ādah muhakkamah (customs can be made into law) and Al-maslahah al-mursalah (interests that are not mentioned by the nash) become the main basis for applying 'urf. This finding confirms that 'urf can be a valid source of Islamic law as long as it meets certain criteria, such as not contradicting shar'i arguments and being common in society. Understanding 'urf is also important in the context of fatwa and contemporary Islamic legal policy. 'Urf acts as a dynamic instrument in Islamic law that allows flexibility in the application of sharia in accordance with social reality. This study contributes to understanding how Islamic law can remain relevant by considering the customs of society that do not contradict the principles of sharia.
Customer Satisfaction on Digital Banking Services: Evidence from Islamic Financial Institutions in Sri Lanka Ahamed Hilmy, Hayathu Mohamed; Saujan, Iqbal
Journal of Islamic Economic Laws Vol. 8 No. 01 (2025): January
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jisel.v8i01.7099

Abstract

In the fast-paced modern era, time is crucial. Consumers with hectic schedules prefer smart solutions that enhance convenience and timeliness in financial activities. Traditional bank hours often conflict with busy schedules, but digital banking resolves this issue. Digital banking allows customers to use mobile phones and computers to check balances and conduct banking, offering more flexibility. This study aims to determine customer satisfaction with the digital banking services of Islamic financial institutions in Sri Lanka. The ISO 9000 standard E-SERVQUAL model and the digital service quality of Islamic financial institutions are analysed. Two hundred questionnaires were administered to customers with Amana Bank PLC and AL Adalah accounts. The research objective is a quantitative investigation to explore the relationship between independent and dependent variables within a given population. This study utilised the Statistical Product for Social Solutions version 20 (SPSS v. 20) for data analysis, employing descriptive analysis methods. For clarity, the results were displayed in bar graphs and pie charts using Microsoft Excel. The study evaluated service quality factors using Pearson correlation to examine the relationship between customer satisfaction (dependent variable) and independent variables (Efficiency, system availability, Ease of use, privacy, responsiveness).
THE ROLE OF PARENTS IN CHILD REARING FROM ISLAMIC LAW PERSPECTIVE: A STUDY BASED ON THOPPUR AREA OF TRINCOMALEE DISTRICT IN SRI LANKA Siyana, AK.; Mohamed Haniffa, Mohamed Nairoos; Saujan, Iqbal
International Journal of Economic, Business, Accounting, Agriculture Management and Sharia Administration (IJEBAS) Vol. 3 No. 2 (2023): April
Publisher : CV. Radja Publika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijebas.v3i2.847

Abstract

Abstract Every child in this world born is best while his or her birth. But whether they become good or bad persons in future depends on the way their parents raise them. Islam is the religion which provides guidance to all aspects of human being to form their life successfully in reality in this world and hereafter. In this way, Islam educates parents very obviously that how should they rear their children in a proper manner. It is absolutely truth that if the children have reared as the best personalities and become good citizens, the society and the country where do they live, as well as the globe could get benefits through their valuable contributions. In this context, the topic on the role of parents in Islamic child rearing evaluates that the parents have concerned in Islamic child rearing practices in the research area. Consequently, the aim of the study is to evaluate the role of parents in following the Islamic child rearing practices accurately in Thoppur area of Trincomalee district. In line with the topic the research is designed as quantitative method and 200 families out of total parents comprising of four Grama Niladhari divisions in Thoppur area were selected to achieve the objective of the study. Moreover, the data obtained from the structured questionnaire were analyzed; discussed and described using Microsoft Excel software and the literary publications related with theoretical concepts were also utilized as secondary data collected. According to the analysis carried out, the findings reveal that all parents in the research area have entirely not followed the Islamic guidelines in their child rearing. It is very imperative to mention that although they have fully embraced the important Sunnah guidelines of Islam, they have not practiced the all aspects of Islamic system of child rearing and there are significant differences between their child-rearing practices and Islamic child-rearing practices. Therefore, the study recommends making necessary awareness among the parents regarding Islamic child rearing.
Fundraising and Zakat Distribution in Poverty Alleviation in Maruthamunai, Sri Lanka: A Maqashid Sharia Perspective Saujan, Iqbal; Rifas, Abi Huraira; Juhi, MS Fathima
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 1 (2024): Vol. 8, No 1, October 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i1.40193

Abstract

In Sri Lanka, poverty has been one of the most pressing social issues over the past decade. This research examines zakat fundraising strategies and analyzes zakat distribution patterns in Maruthamunai, Sri Lanka, where Muslims constitute the dominant ethnic group. The current role of zakat in Maruthamunai is crucial in alleviating poverty. Primary data for this study included annual fundraising and distribution reports from the Zakat Fund, covering the years 2019 to 2023. As part of this qualitative research, unstructured interviews were conducted with the president, general secretary, deputy president, assistant secretary, members, and prominent individuals in the region. Data analysis was conducted using coding and is presented descriptively through the maqasid sharia approach. The results of this study indicate that the distribution of zakat funds in Maruthamunai has been less effective due to several factors, including insufficient receipt of zakat funds and inadequately structured internal distribution policies. Policymakers should focus on prioritizing the primary level of welfare needs (mashlahah dharuriyyah). Within this framework, the maqasid sharia perspective emphasizes the development of human resources as a priority over material development. Therefore, despite the relatively high poverty rate, the objectives of preserving religion, safeguarding human life, ensuring generational continuity, protecting intellect, and promoting wealth circulation can still be effectively pursued.
The Causes and Consequences of Child Marriage Among Muslim Community: With Special Reference to the Cases Identified in the Eastern Province of Sri Lanka Saujan, Iqbal; Seeni Mohamed Mohamed Nafees; Yusuf Sani Abubakar
QURU’: Journal of Family Law and Culture Vol. 2 No. 3 (2024): QURU': Journal of Family Law and Culture
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i3.214

Abstract

The age of marriage for women is influenced by various socio-economic and cultural factors and remains a controversial topic in Sri Lanka. Child marriages are highly destructive, violating the fundamental rights of children protected by multiple global and national laws. The Eastern Province of Sri Lanka is particularly affected by this issue, resulting in children abandoning education and facing sexual, physical, and emotional violence, as well as premature motherhood. This study aims to identify the socio-economic and cultural factors driving child marriage in this region and to assess its impacts on the lives of those affected. Utilising a mixed-method approach, data were collected through questionnaire surveys and semi-structured interviews with young women who experienced early marriage, their parents, community leaders, and other informed individuals. The literature review included research articles, reports, and web publications to construct the theoretical framework. Findings indicate that factors such as parental marriage at a young age, parental death, dowry, poverty, large family sizes, and lack of interest in education significantly contribute to early marriages. Physical and psychological effects were found to be more prevalent than other social and economic impacts. These findings provide a foundation for future research and policy interventions aimed at mitigating child marriage.
Regulating Halal Integrity in Sri Lanka: A Comparative Legal and Shariah Analysis of the Food Act and Consumer Protection Framework Saujan, Iqbal; Nafees, Seeni Mohamed Mohamed; Fowzul, Mohamed Buhary
Jurnal Mediasas: Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah Vol. 9 No. 1 (2026): Jurnal Mediasas: Media Ilmu Syariah dan Ahwal Al-Syakhsiyyah
Publisher : Islamic Family Law Department, STAI Syekh Abdur Rauf Aceh Singkil, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58824/mediasas.v9i1.337

Abstract

The global hal?l market is a huge economic power, demanding products that are very compliant with Islamic rules. In Sri Lanka, a country where Muslims make up a large minority and where there has been social tension due to this, the merging of the national food laws with the shari’ah requirments concerning hal?l integrity creates issues in regulation. Therefore, this paper looks into the existing statutory framework of Sri Lanka, mainly focusing on Food Act No. 26 of 1980 and Consumer Affairs Authority Act No. 9 of 2003, along with detailed shari’ah requirements related to hal?l food including slaughter (zabiha), ingredients, processing and prevention of contamination. The study, by way of comparative legal analysis and considering academic literature and international regulatory models (Malaysia, Indonesia, UAE, EU), places where the Sri Lankan law defining, regulating, and certifying. and enforcing hal?l standards falls short. The particulars revealed that there were no specific legal definitions and standards for hal?l. Oversight of the certification processes is inadequate. There are no adequate mechanisms preventing hal?l cross-contamination between hal?l/non-hal?li and labelling regulations do not include provisions for a legally recognized hal?l mark. These shortcomings create consumer ambiguity business challenges and conflict potential. It proposes legislative changes to the Food Act and its related regulations, along with the setting up of an administrative framework which is likely to be national accreditation supervision of private certifiers, state-regulated. The proposals emanate from Islamic jurisprudence (Maqasid al-Shari'ah and Fiqh principles) and they are directed toward ensuring legal certainty, improved consumer protection, enhanced trade facilitation, and social harmony in a multi-religious context such as that of Sri Lanka. [Pasar halal global merupakan kekuatan ekonomi yang besar, menuntut produk-produk yang sangat patuh terhadap aturan Islam. Di Sri Lanka, sebuah negara di mana Muslim merupakan kelompok minoritas besar dan di mana telah terjadi ketegangan sosial akibat hal ini, penggabungan antara undang-undang pangan nasional dengan persyaratan syariah terkait integritas halal menciptakan masalah dalam regulasi. Oleh karena itu, makalah ini menelaah kerangka hukum yang ada di Sri Lanka, dengan fokus utama pada Food Act No. 26 Tahun 1980 dan Consumer Affairs Authority Act No. 9 Tahun 2003, beserta syarat-syarat syariah terkait makanan halal secara rinci, termasuk penyembelihan (zabiha), bahan-bahan, pemrosesan, dan pencegahan kontaminasi. Studi ini, melalui analisis hukum komparatif dan dengan mempertimbangkan literatur akademik serta model regulasi internasional (Malaysia, Indonesia, UEA, UE), menunjukkan di mana hukum Sri Lanka mengenai pendefinisian, pengaturan, sertifikasi, dan penegakan standar halal masih kurang. Rincian yang terungkap menunjukkan bahwa tidak ada definisi hukum dan standar khusus untuk halal. Pengawasan terhadap proses sertifikasi juga tidak memadai. Tidak terdapat mekanisme yang memadai untuk mencegah kontaminasi silang halal/non-halal, dan regulasi pelabelan tidak mencakup ketentuan mengenai tanda halal yang diakui secara hukum. Kekurangan ini menciptakan ambiguitas bagi konsumen, tantangan bagi pelaku usaha, dan potensi konflik. Makalah ini mengusulkan perubahan legislatif pada Food Act dan regulasi terkait, beserta pembentukan kerangka kerja administratif yang kemungkinan besar berupa supervisi akreditasi nasional terhadap lembaga sertifikasi swasta, diatur oleh negara. Usulan-usulan tersebut bersumber dari yurisprudensi Islam (Maqasid al-Shari'ah dan prinsip Fikih) dan ditujukan untuk menjamin kepastian hukum, perlindungan konsumen yang lebih baik, fasilitasi perdagangan yang lebih baik, serta harmoni sosial dalam konteks multi-agama seperti di Sri Lanka.]
Co-Authors Abdul Aziz Ahamed Hilmy, Hayathu Mohamed Ali Mutakin, Ali Mutakin Asyari, Nadzif Ali Beevi, Hakeema Berlina Cahya Putri, Otavia Ending Solehudin Fowzul, Mohamed Buhary Juhi, MS Fathima Kafidhoh, Siti Long, Ahmad Sunawari Lukman Santoso Maruf Maruf, Maruf Mohamed Haniffa, Mohamed Nairoos Muhammad Husni Abdulah Pakarti Mutakin, Ali Nafees, Seeni Mohamed Mohamed Nugraha, Iqbal Subhan Razick, Ahamed Sarjoon Rifas, Abi Huraira Rufaida, Rajudeen Fathima Seeni Mohamed Mohamed Nafees Shakibiciu, Saeideh Siyana, AK. Waheeda, Waheeda Yusuf Sani Abubakar