Browsing by Author "Ahmad Syukran bin Baharuddin"
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Publication القواعد الفقهيّة الحاكمة لوباء كورونا المستجد (كوفيد-19) في نوازل الطّهارة والصّلاة(Faculty of Syariah and Law, Universiti Sains Islam Malaysia, 2020-10-27); ;Ahmad Syukran bin Baharuddin ;Baidar Mohammed Mohammed HasanMesbahul HoqueMuslims are today faced (COVID-19) which has baffled the minds. In the absence of a vaccine, infection control measures remain the most effective prevention against the virus. This research examines the fiqh principles governing COVID-19 and their application in contemporary issues pertaining to salah and tahara. In achieving this objective, the research relies on inductive and analytical methodologies to collect the principles relating to COVID-19 and then analyze and apply them. The research finds thus: Among the fiqh principles governing COVID-19 as regards purity and prayers are: that difficulty brings about facilitation; harm should be removed; necessities make the forbidden lawful; the authority of the leader is subject to public interest. These principles were applied in the following: permissibility of dry ablution (tayammum) in the case of a person whose movement is restricted as a result of the COVID-19 pandemic; permissibility of suspending congregational and Jum’at prayers in the mosques; permissibility of combining two prayers by COVID-19 patients and their attending doctors in the face of hardship; permissibility of skipping congregational and Friday prayers by COVID-19 patients and their doctors; covering the mouth and the nose during prayers; observing social distancing during congregational prayers; impossibility of washing the dead due to fear of infection and prayer on the body of the victims of the virus. One of the major principles of sharia policy in both public and private guardianship is that (the exercise of authority by the leader on the public is subject to maslaha (public interest). The application of this principle is clear in the suspension of congregational and juma’at, ‘Eid prayers and allowing only the call for prayer. It was also applied in imposing quarantine. - Some of the metrics are blocked by yourconsent settings
Publication أثر الاستحالة في الفقه الإسلاميّ على المنتجات الكحوليّة:معقّمات الوقاية من كورونا المستجدّ(Penerbit USIM, Universiti Sains Islam Malaysia, 2020-11-18); ;Ahmad Syukran bin Baharuddin ;Baidar Mohammed Mohammed Hasan ;Setiyawan bin GunardiMesbahul HoqueTechnological development in production methods has enabled man to exploit the elements of nature including impurities (najis) found in alcoholic products like disinfectants which are the best hand sanitizers used as protection against coronavirus. Muslims are weary about using these products for being alcohol-based: are they pure and therefore lawful for use or impure and therefore not lawful? This study examines the position of Islamic law regarding the effect of istihalah (chemical transformation) on alcoholic products (using COVID-19 prevention disinfectants as a case study). The research relies on inductive and analytical methodologies to collect, discuss and analyze the views of jurists on the issue and indicating from among such views the one that is most preponderant and compliant with the spirit and objectives of Islamic law. The most important findings of the research include: where alcoholic substances which are pure are found in the ingredients of disinfectants, then they can lawfully be used for cleaning and sanitizing with no effect on ablution and prayers because the origin in all things is lawfulness. But if the alcoholic ingredients used are najis then such najis may or may not completely transform during production. Complete transformation of the najis substance renders the product pure and lawful for use. Products made from incompletely transformed substances cannot be used for disinfection except in the absence of lawful alternative. But if the origin of the substances cannot be determined in terms of purity or otherwise then products made therefrom are prima facie lawful but it is better not to use them. Disinfectants established medically to be harmful are not lawful for use even if the harmful substance in them has been transformed. - Some of the metrics are blocked by yourconsent settings
Publication حق الهجرة واللجوء في الشريعة الإسلامية والقانون الدولي(Penerbit USIM, Universiti Sains Islam Malaysia, 2020-11-18) ;Tarek Hassan Abdullah Abu Amied ;Mahmoud Mohamed Ali Mahmoud EdrisAhmad Syukran bin BaharuddinThis study aims to clarify the concept of the right of immigration & asylum, by considering them as the most important aspect of human rights whether in Islam or the competent laws, with indicating the methods of comparison between the Islamic doctrine & the international law concerning the human rights, and possibility of intersection of immigration with asylum.This study aims to achieve a lot of objectives such as clarifying the separating line between the behavior of legal or illegal refugees, and the situation of the refugees enjoying the asylum conditions and concentrating on the legal description & the opinion of the Islamic doctrine in this concern, whereas the immigration problem is a social phenomenon of humanity concerns. The relationship between the refugees situation & the human rights is a strong relationship. There is international recognition by the right to travel since more than half a century, by virtue of issuing the international declaration for human rights in 1948. Accordingly the immigration issue, including the refugees problem deals with several legal topics, whereas the rules of the international law are determining whom are subject to the refugees conditions & setting controls for their problems whereas the refugees problem increases more & more, due to the different circumstances prior to launching of the second international war, due to wars & conflicts in the world. This paper adopts the analytical descriptive methodology for collecting the opinions of religious people, researchers, people of doctrine & law and their evidences in this concern. The study has achieved several results, the most prominent of which are:-The Islamic doctrine & law are confirming the right for liberty in traveling for people & protecting it fully, the human rights protection involves relevant concepts with justice that are clear in religions, particularly in Islamic religion, and the proper human philosophies are mentioned in holly Quran & legislation fundamentals. The Islamic doctrine protects the human rights. The Islamic doctrine surpasses all international conventions. There is difference between the Islamic doctrine & international laws regarding immigration and asylum. The Islamic religion grants the individual the right for travelling from one place to another every Islamic country should allow the entry of any Muslim to it. This research paper achieves an important point regarding the asylum which is non- discrimination by color or race or religion. This is constant in the Islamic doctrine & international law. Recently some European countries prefer that the asylum claiming individual should rely to the same religion of the asylum country, this indicates that the asylum region should accept coming of refugees. The researcher concluded that non Muslims have been justice to Islam regarding the asylum right as a crucial of human rights. An opinion in the western jurisprudence claims returning the right of asylum in Islam to the aspect of generosity & hospitality. Whereas in the Islamic land it is considered as a sole right for refugees.