The most crucial goal of the Islamic judicial system is to uphold justice. Reasonable judgment is a form of justice. Judgment signifies judging in a prudent, meticulous, accurate and appropriate manner as Allah Almighty has determined. According to the law, the claimant or prosecution must prove his or her claim. There are several types of proof methods. Among them is al-Qarinah. Al-Qarinahin language means sign. From a terminology perspective, it is a description of the situation that reached the level of confidence. Nonetheless, scholars differ in the extent to which al-qarinahis accepted in the law conviction, especially in the case of hududand qisas. The Islamic evidence law is, in fact, dynamic and current. It is entirely independent ofits reality and its environment. It demands change in keeping with the rapid development of science and technology. Today most of the evidence for criminal cases such as adultery, rape, theft and so on is not proven by syahadah, pledge or oath, but it is calling for al-Qarinah. Science and technology have changed human civilization and their attitudes. Crime is increasingly complex and challenging to prove. At the same time, the discovery of science is becoming more and more powerful. DNA evidence, fingerprints, blood tests, CCTVs and more have replaced the role of syahadah, pledge even when the evidence presented by al-Qarinahis sometimes more accurate and convincing. Therefore, this paper attempts to evaluate fuqahapractices of al-qarinahand to obtain a distinct illustration of its position as a method of proving in Islam. The research method used is the literature study which is to evaluate the past and current texts related to al-Qarinahusing comparative and descriptive techniques. The findings of the research show that al-Qarinahwas adopted as a law conviction from a trivial issue to a hududproblem. Keywords: al-Qarinah; al-Qarinah al-Qati’ah; circumstantial evidence; description of the situation

Dokumen merupakan kaedah pembuktian yang terpenting pada hari ini. Ciri-ciri dokumen yang bersifat kekal dan jelas sekalipun dalam tempoh yang lama menjadikan ia sebagai pilihan untuk dijadikan bukti dalam banyak urusan. Oleh kerana itulah, terdapat pihak memalsukan dokumen dengan tujuan mendapat keuntungan atau menganiayai orang lain. Kertas kerja ini akan menerangkan konsep dokumen dan pemalsuannya, bentuk-bentuk pemalsuan serta hukuman bagi yang disabitkan kesalahan menurut fiqh dan perundangan. Kajian ini dilaksanakan dengan menggunakan pendekatan mixed-method, iaitu campuran pendekatan kuantitatif dan kualitatif. Responden yang terdiri daripada hakim syarie, pegawai Syariah, peguam syarie, pensyarah serta pelajar Syariah dan undang-undang di Negeri Selangor, Negeri Sembilan serta Wilayah Persekutuan Kuala Lumpur dan Putrajaya. Berdasarkan kaji selidik yang telah dijalankan, bentuk-bentuk penipuan dan pemalsuan yang paling tinggi berlaku dewasa ini ialah sijil sakit, diikuti tandatangan, memasukkan keterangan palsu dan pengubahan fakta. Selain itu, persepsi responden terhadap bentuk-bentuk penipuan dan pemalsuan adalah pada tahap sederhana iaitu min = 2.45 dan sp 1.07. Terdapat pelbagai bentuk pemalsuan dokumen dewasa ini dan ia berubah mengikut kemudahan semasa. Tidak dinafikan pemalsuan dokumen memberi kesan yang besar khususnya kepada pihak yang dizalimi. Oleh itu mengenali bentuk-bentuk dokumen amat penting bagi memudahkan proses pengecaman antara dokumen atau sebaliknya. Pengamal undang-undang syariah perlu didedahkan dengan secara serius mengenai pemalsuan dokumen dan bentuk-bentuknya supaya mereka dapat membuat keputusan tepat dalam penghakiman.

Issues relating to the rights and protection accorded to employees throughout their employment with the employers is a matter that has been given much attention and treated with utmost priority in any organization, be it in the public or the private sector. It is an undeniable fact that the success story of any organization in the generation of profits in its enterprise or the smooth running in achieving the organization's desired objectives is much attributed to having a reliable, skilled and efficient workforce. Today, employees have been regarded as one of the most valuable assets of any organization. In pursuant thereto, apart from having various employment packages, laws regulating employment were enacted as protective measures in guiding both employers and employees. At the international level, rights and protections to employees have been embedded in the Universal Declaration of Human Rights. Comparatively, under the Shariah, though a similar concept has been forwarded, the notion of employment has been elevated to the status of ‘ibadah. Islam places importance of adhering to the Shari`ah principles in dealing with protection accorded to employees. As employment is regarded as ‘ibadah’ the employees are required and enjoined to observe full dedication, sincerity and commitment to their tasks. It is the responsibility of the employers, on the other hand, to ensure that the welfare of their employees is well protected. This paper attempts to outline the concept of employment under the Shari’ah and civil perspectives and to provide a comparative understanding on the rights and protection accorded to employees.

Technological progress has made falsification of documents increasingly sophisticated and the need for forensic experts or Ra'yu al-Khabir indispensable in the Syariah Courts. This paper discusses the concept and methods of forensic document authentication by experts according to the Islamic law (fiqh). This study combined quantitative and qualitative approaches whereby 181 key informants comprising randomly sampled syariah and civil law experts and practitioners underwent in-depth interviews . Content analysis of the study revealed that respondent knowledge of document authentication methods according to the Islamic law was at the intermediate level with the mean = 3.59 and sd = 0.63 which was not enough to help the Syariah Courts cope with the rapid increase in the falsification rate of documents. This situation needs urgent redress and calls for the establishment of a comprehensive forensic model to provide adequate guidelines for judges and practitioners of the Syariah Courts

This article discusses some of the changes brought about by the amendments of Anti Money Laundering (Amendments) Acts 2003. It examines whether the legal principles under this law are able to address the scandals which have emerged in recent years pertaining to auditors. It also investigates whether the legal principles under criminal law impose additional duties and obligations on auditors as opposed to those duties and obligations imposed under the company law. The study finally examines whether action can be brought against the auditors and the difficulties faced in doing so. These issues are extremely crucial because auditors profession is becoming a high-risk profession. This study suggests that the current legal framework under criminal law governing auditors must be reassessed in the wake of the scandals involving auditors both in the domestic and international forefront.

Islam as a comprehensive religion has put forth the idea regarding epistemology in its own framework. The discourse of sources of knowledge is a part of epistemology scope. Islam recognized four sources of knowledge consist of revelation, intuition/inspiration, rational and empirical method. The last (empirical method) relates closely to the scientific method which is a method of investigation in which a problem is first identified, and observations, experiments, or other relevant data are then used to construct or test hypotheses that purport to solve it. In Islamic law, circumstantial evidence is a kind of evidence which is applied and accepted in Islamic court proceeding despite some jurist did not strongly emphasize its reliability compare to confession and testimony of witnesses. This writing aims at putting forward the importance of circumstantial evidence in Islamic law through an epistemological perspective that has to do closely with the scientific method. This is the way how Islam appreciates and avails of the development of science and technology for enhancing justice as the main principle in Islamic law. � BEIESP.

Evidence in court is divided into three forms, namely direct evidence, hearsay evidence and circumstantial evidence (al-qarinah).The best evidence is direct evidence, provided it relates to the facts of the issue. Hearsay hearings are generally not admissible in court unless under certain circumstances. The proof of al-qarinahis acceptable if it is relevant and should be supported by other evidence. One of the many misunderstandings that often plays into people‟s thinking is that al-qarinah is weak compared to direct proof. This concept is incorrect. Robert Precht, a professor of law at the University of Michigan, states that “Circumstantial evidence can be, and often is much more powerful than direct evidence." Many cases today are proven by the evidence of al-qarinahrather than direct evidence. Al-Qarinahis a conviction by circumstantial evidence, while black magic is an evil human practice assisted by evils and demons. The hidden and secret methods of black magic are not readily known, but the effects are real and genuine.When a crime is committed using black magic, the problem arises as to how to prove it. In Islam, every problem that occurs, it will have its solution. The proposed method mentions يحدد ٌٍٕبش ألضيت بمدر ِب أحدثىا ِٓ اٌفجىر. One of the featured ways is al-qarinah.This paper will discuss the role of al-qarinahin the criminal conviction of black magic. This study is qualitative, inductive, deductive, comparative and analytical methods are used as the basis of this study. The findings show that the conviction of a black magic criminal offense is not legally possible. It can be done by strengthening al-qarinah and some other suggestions. Keywords: al-Qarinah, description of circumstances, black magic convictions, black magic crimes

This research on the National Service Training Program (Special) was conducted based on 'participant observation' method. The research was conducted at two camps; they were Akaderni Latihan Inovasi dan Motivasi (ALIM) and Burni Jati Camps. The research was conducted over three months on 130 male National Service trainees that were separated due to several factors which identified the camps as 'hard core'. The main purpose of the research is to identify the objectives of why this special program was created, trainers' difficulties, the profile of the participants' involved, participants' religious understanding, participants' development and the effectiveness of the modules. The results of the studies showed that the objectives and purpose of creating this program was not clearly defined. A majority of the trainees were 18 years of age. Most of them were immature in terms of thoughts and emotions and lead a free lifestyle, and they have low religious background and understanding. Trainees have a low education background, attained a qualification less than a Sijil Pelajaran Malaysia (SPM). Unclear tasks between the trainers, facilitators, and the administrative staff were also identified as a main problem in this program. This research has taken into consideration the various observations from the trainers, facilitators and administrative staff regarding the achievement of the program whereby they are of the opinion that the program has not succeeded in attaining its actual objectives of the program. Several suggestions are recommended here in ensuring a better program in the future such as conducting a detailed study in the selection of the trainees for this program, conducting drug, HIV and AIDS screening tests on the trainees, prohibiting the use of mobile phones (hand phones), anci prohibition 01 smoking while undergoing the programme. Immediate action has to be taken towards the weakness of the modules by creating specific modules for special camps and increase the participants7 discipline during the training.

Pelaksanaan undang-undang sama ada Islam mahupun sivil adalah untuk melindungi, menjaga serta memperbaiki eko sistem daripada hal-hal yang dapat merosakkan kepentingan individu dan orang ramai. Panduan yang terdapat dalam undang-undang Syariah terdapat di dalam maqasid alSyariah. Setiap jenayah di dalam undang-undang Syariah telah diperuntukkan hukuman sama ada dari aspek hudud, qisas mahupun takzir. Di dalam undang-undang Syariah, penerapan hukuman boleh memberikan bimbingan bagi pesalah dan penjenayah sekali gus mencegah jenayah dari berulang serta mengurangkan pertambahan bilangan penjenayah. Tindakan ini secara tidak langsung dapat menegakkan keadilan bagi masyarakat. Kertas kerja ini menghuraikan faktor-faktor yang boleh dipertimbangkan oleh hakim semasa menjatuhkan hukuman kepada pesalah. Kertas kerja ini juga menyenaraikan jenis hukuman serta implikasinya terhadap pesalah mengikut pendekatan syariah dan sivil. Kertas kerja ini diharap dapat menyenaraikan aspek pemberatan hukuman atau tasydid ke atas pesalah yang telah disabitkan melakukan kesalahan jenayah adalah dibenarkan selama mana ia menepati prinsip keadilan yang selari dengan perundangan Islam mahupun sivil.

The global population of senior citizens is expected to reach 2.1 billion by 2050. However, the population of senior citizens in Malaysia is expected to reach 3.5 million by 2020 and 6.3 million by 2040. Initially, Malaysia has been classified aging nation by 2030. Among the challenges faced by senior citizens include deteriorating health conditions, malnutrition, lack of shelter and housing, depression, declining productivity and unstable financial status. In order to deal with these challenges, the Ministry of Women, Family and Community Development through the Department of Social Welfare has developed Senior Citizens Unit (Unit Penyayang Warga Emas) which has been equipped with various facilities and financial assistance to qualified senior citizens. The main issue is should the burden of caring for senior citizens be placed solely on the government. Hence, the objective of this article is to evaluate the role of waqf institution in the sustainable management of senior citizens in Malaysia and to suggest the method of its implementation. A qualitative methodology was employed to analyse the data through descriptive and comparative methods. The finding of the research reveals that shared governance and responsibility could create a sustainable management of senior citizens especially in the aspect of the financial care of senior citizens. Keywords: Waqf, Senior,Citizens, Management, Malaysia

Al-Quran, as the last Holy Book sent down by Allah, is remarkably different from its predecessors. Ultimately, it has to be the only one of such a kind. More so since the universal nature of the divine guidance it carries within is valid and relevant for all of humanity of all ages, spaces and times. True to its character as an enduring miracle, science can never dismiss the truth of Al-Quran as it accordingly, can be scientifically proven, time and again, without fail. Sheikh Tantawy Jauhary, among others, is one of those renowned scholars of Tafsir (exegesis) who studied the scientific attributes of Al-Quran. Sheikh Tantawy’s seminal work, “Al-Jawahir Fi Tafsir al-Quran al-Karim”, applied scientific methods of exegesis via his observation of the spectacular creation of the universe as a hard and living evidence of the all-powerfulness of Allah. For centuries, Muslims depend on Al-Quran, through its Kawniyyah verses, to study the universe. It needs to be highlighted that there are about 750 verses of Kawniyyah in Quran as opposed to only 150 verses of Fiqh (Jurisprudence). Besides, apart from providing scientific exegesis of Kawniyyah verses, Sheikh Tantawy also deliberated on verses over laws and morality as well the uniqueness of the creatures like the animals, plants, heavens and the earth. Accordingly, this paper provides a succinct overview of the bibliography of Sheikh Al-Tantawy and his thoughts in the exegesis of Al-Quran. By highlighting a number of relevant examples of Sheikh Al-Tantawy’s scientific exegesis, it consequently provides an analysis of the significance and essentiality of the need and necessity of such a method of Tafsir in order to deal with contemporary issues.

The practice of traditional medicine has been in existence since time memorial and also one of the practices which had been practiced by our Prophet (p.b.u.h.). Various writings have been done related to cupping from the religious point of view. Meanwhile, there are various writings on the legal aspects of the treatment of traditional medicine in developed countries such as The United States of America, United Kingdom, and Australia. Still, there is no extensive study on the legal aspects of traditional medicine treatment in Malaysia,especially on cupping from the Syariah and legal perspective. This literature review analyses the critical literature related to the study of determining the provider’s liability in cupping treatment. This article used the library method and textual documents. This study found a gap in the determination of liability and the existence of such guidelines will protect the service providers of cupping if any negligence or incidents happen during the cupping treatment. This paper suggests that further research will be done to refine this matter. It is essential to all practitioners and patients receiving cupping therapy, whether in Syariah and legal perspective.

Terapi bekam merupakan salah satu bentuk perubatan alternatif kuno yang masih mendapat permintaan yang tinggi. Tujuan pesakit menjalani rawatan bekam adalah bertujuan untuk mengurangkan kesakitan, bersantai, membantu pengaliran darah, dan urutan tisu dalaman. Persoalan yang timbul sekiranya, jika berlaku kecuaian ketika pesakit sedang menjalani rawatan bekam, adakah liabiliti itu akan dikenakan keatas pembekam atau sebaliknya? Jika dikenakan tindakan ke atas pembekam itu apakah prosedur yang akan dilaksanakan. Kajian ini dijalankan untuk mengenalpasti liabiliti ke atas pembekam semasa rawatan bekam dijalankan ke atas pesakit dan prosedur yang akan dilaksanakan. Kajian kualitatif ini menggunakan kaedah analisis kandungan terhadap sumber-sumber perundangan Syariah yang muktamad dan literatur kontemporari yang direkodkan dalam jurnal-jurnal yang terindeks. Hasil kajian mendapati kecuaian ini boleh diklasifikasikan kepada kecuaian sengaja, tidak sengaja dan menyerupai sengaja. Liabiliti tersebut diambil kira mengikut kepada jenis kecuaian dan pampasan sewajarnya perlu diberikan mengikut kepada bahagian yang terkesan. Maka, ,elihat dari hasilan ini, prosedur perlu ditentukan bagi mengelakkan kecuaian dan kebertanggungjawaban (dhaman) terhadap liabiliti tersebut. Kajian ini mengusulkan supaya kajian lanjut dilakukan bagi melihat kesesuaian aplikasi konsep liabiliti pembekam ini relevan dengan perundangan tort masa kini. Diharapkan kajian ini akan memberi manfaat bagi amalan bekam yang lebih baik di masa hadapan.

The concept of lslam Hadhari is introduced by Malaysian Government and announced by YAB Perdana Menteri Malaysia, Dato' Seri Abdullah Haji Ahmad Badawi. Basically, this concept is acquainted to give a clear picture of lslam to the Muslim society as a whole and also others in Malaysia. Currently, there are many interpretations of lslam Hadhari given to the society by individual or certain group of people. Therefore, this research is an exploratory and preliminary research to understand the perception of society towards lslam Hadhari introduced by the Government. It is aiming at ensuring the understanding, attitudes and perception of the Muslim society about lslam Hadhari including their source of information. The targeted respondent of this research are Muslim society in Klang Valley by considering their various background of education and location. Research questions that have been issued are gathered and analyzed. Finally, the result or finding of that particular analysis is stated and attached in this report.

The issue of permissible and forbidden materials found in the production and consumption of medicinal products has generated serious debates among Muslims in the present day. Despite the general prohibition from using forbidden material in any medicinal product, there are also cases where it is permitted. Amidst this divergence of opinions among religious scholars on the matter, this paper aims to analyse this issue in a comprehensive manner from the perspectives of the jurists, Muslim medical practitioners and modern interpretations of the Islamic Law as exemplified by the Fatwa Council of a modern day Muslim country. The study employs qualitative research methods comprising historical and content analysis in developing a holistic understanding of the issue under discussion. The findings explicate the religious and legal basis of using forbidden materials that can provide a guideline on understanding its use in the medical and health aspects.

This study aims to identify the role of criminal procedures in the United Arab Emirates. The problem of the study lies in the existence of a state of confusion between the legal texts of each other, which may prompt the taking of penal measures that may not be commensurate with Customs crimes, as Article 7 of the Criminal Procedures Law indicated that only the Public Prosecution office has the right to take criminal measures against the accused and follow up on the progress of cases until a final judgment is issued, while Article 32 and Article 33 of the Criminal Procedures Law indicated that judicial arrest officers Of the police are authorized to take criminal measures, including collecting criminal evidence, and among government agencies other than the police, officers of the armed forces, border police, coast guards, officers of the General Administration of Residency and Foreigners Affairs, municipal inspectors, the Ministry of Health and Community Protection, and customs officials, which is a conflict between the tasks of the Public Prosecution And government agencies referred to. Article 45 indicates that it is permissible to search the accused or suspects and arrest them if there is sufficient evidence, while Article 47 states that the Public Prosecution Office alone has the power to issue decisions to search suspects, interrogate them and arrest those involved if their involvement is proven or release them if their innocence is proven. This contradicts the text of Article 5 of the Criminal Procedures Law, which states that the Public Prosecution is the one that conducts the investigation and accusation of crimes and not the judicial inspectors from other government agencies. The importance of the study was highlighted by the presence of strengthening the role of criminal procedures and the possibility of tightening those procedures in the UAE. The study followed the analytical approach to analyze the role of criminal procedures in the United Arab Emirates. The study found many results, including that the criminal procedures play a major role in achieving public restraint for not committing customs crimes in the United Arab Emirates. The study recommended the necessity of working on the classification and classification of the customs crime law to allow clarification of criminal procedures in the United Arab Emirates.