Browsing by Author "Azri Bhari"
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Publication Analisis Keputusan Fatwa Tempatan Sewaktu Pandemik Covid-19 Menurut Kerangka Al-Tarakhkus Fi Al-Fatwa(USIM Press, 2021-10) ;Mohd Hapiz Mahaiyadin ;Azri BhariMohd Dasuqkhi Mohd SirajuddinPandemic Coronavirus Disease (COVID-19) has had an impact on social, economic, educational, political and even religious life. Worship activities that involve the socialization of Muslims in mosques and suraus such as congregational prayers, Friday prayers, tarawih prayers, iktikaf, funeral management and funeral prayersare also subject to new norms made to keep the public safe from Covid-19 infection besides influencing some legal decisions. and fatwa. Therefore, this study aims to analyze some of the views and legal fatwas related to matters of worshipissued by the Mesyuarat Jawatankuasa Muzakarah Khas Majlis Kebangsaan Bagi Hal Ehwal Ugama Islam Malaysia (MKI) and all states department of muftithat are different from the final fatwa of the Syafi’i mazhab. Guided by the method of content analysis (content analysis) that applies conceptual and semantic analysis methods, this study will discuss the validity of thesefatwas from the approach of al-tarakhkhus fi al-fatwa. This approach differs from the practice of tatabbu ’al-rukhas which is carefully warned by most usuliyyin. The results of this study show that the occurrence of fatwas of marjuh and non-strong opinion of the Syafi’i mazhab is in line with the approach of al-tarakhkhus fi al-fatwa that allowed by the scholars because it coincides with the maqasid syariah, maslahah, and convenience for Muslims. The importance of this study is expected to alleviate public concern on the decision of the fatwa decided contrary to the standard of fatwa based on the Syafi'i mazhab in Malaysia. - Some of the metrics are blocked by yourconsent settings
Publication Faktor Penolakan Permohonan Kebenaran Poligami Kajian Kes Mahkamah Tinggi Syariah Selangor (2009-2013)(USIM Press, 2021-10) ;Ana Faiza Md Nor ;Rafeah SaidonAzri BhariIn Selangor, the procedures for polygamy hasbeen in place since 1984, but compliance from the public’s end has been challenging with allegations being made against the Shariah Court such as the process is said to be time-consuming and inconvenient. As a result, tons of polygamy cases have been reported to be carried out without the permission of the Shariah Court. These cases are usually conducted abroad in Southern Thailand, Indonesia or as marriage syndicates within the country. Many of the cases involved do not meet the said criteria for polygamy. As such, this study was conducted to scrutinize the factors of rejection of polygamy application based on section 23 (1) Selangor Islamic Family Law Enactment 2003. This study was conducted on Selangor Syariah High Court from the year 2009 to 2013 and was done by analysing documents consisting of Court case files based on the latest Enactment which was amended in 2003. The results of the study has found that there are a few factors which had caused the rejection of polygamy applications, including unstable financial position, failure to prove the necessity of polygamy, failure to fulfil the procedures, disapproval from prospective wali and other factors such as the applicant failing to fulfil the requirements of the enactment.