Malaysia is among the countries, which have very close relations with Shafi'i madhhab in term of Islamic Law. This can be seen from the provisions of Syariah Law in Malaysia where the opinion of the Shafi'i madhhab is preferred than other madhhabs. However, the current situations and issues cause that the other opinions from the other madhhabs are also used and practiced in order to provide the best solutions. This is also true in respect on the use of sources of Islamic law, such as Istihsan, Istislah and Qawl Sahabi, which are rejected by the Shafi'i madhhab. Therefore, this study attempts to analyze the development of Islamic law, particularly in the application of the concept of Istihsan in the Syariah Courts in Malaysia. This study has examined a number of cases reported in the Jurnal Hukum issued by the Syariah Judiciary Department of Malaysia (JKSM). The result of this study found that in several cases, the judges have applied indirectly the concept of Istihsan in their judgment. It is also found that it is actually the provisions of the law that allows the Shariah judges to indirectly apply this concept.
Modern science historiography views astronomy development since antiquity solely on human interaction with nature. Such a secular evolutionary view is derived from the positivistic paradigm. In contrast, the Islamic science historiography perspective explains astronomy development since antiquity primarily based on revealed knowledge, while the scientific method is employed accordingly. Even so, there are differences among scholars in elucidating Islamic science historiography which is classified into two dimensions. The first dimension focuses on the philosophical aspects that underline the historical narrative and the second dimension prioritises scientific evidence. The question is how these differences could be reconciled so that the historical narrative of astronomy development that emerged from modern science historiography would be more coherent with Islamic science historiography. Therefore, this library study was conducted using data collection based on the documentation method and a content analysis method was employed for data analysis. As a result, the Priority Principle from fiqh al-awlawiyyat as a strategic locus to reconcile the differences in Islamic science historiography was identified. The principle prioritises the role of Allah, the prophets and the revelations according to Shariah and the scientific method is used suitably. It is also crucial to be emphasised in addressing the secular evolutionary view that underlie astronomy development. It is thus concluded that astronomy development from antiquity to Islamic civilization can be marked as starting from the time of Prophet Adam and will be over at the end of time.
According to Islamic law, Muslims who have complete the full period of an Islamic year (hawl) must pay zakah. It can, however, be found among Muslims who negligently fail to pay zakah within the stipulated period. Every obligatory practise must be performed within the time determined by Allah SWT in the discourse of fiqh. Hence, this article will look at the aspect of qada’ zakah in view of the shara‘ discussion. Thematic content analysis of themes based on the schools of thought will be used to thoroughly discuss this topic. In conclusion, Shariah allows and provides exemption to zakah payers in unavoidable situations. As a result, zakah should be paid even if it is not within the timescale provided if there is justification allowed by shara‘.
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