Browsing by Author "Baidar Mohammed Mohammed Hasan"
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Publication The Impact Of An-nadhar Al-maslahi Of Nawazil Of Coronavirus: Maqasidiyyah Study In The Fatwas Of The Fiqh Councils In Bab Of ‘ibadat(Usuli Faqih Research Centre PLT, 2021) ;Muneer Ali Abdul Rab ;Baidar Mohammed Mohammed HasanMesbahul HoqueIn our present times, fatwas have appeared that are ignorant of the purposes and rules of the law, and lack a sound scientific method, especially in the events of the new Corona epidemic and its impact on worship. The aim of this research is to demonstrate the impact of the reformist consideration of the emerging problems of Corona on the fatwas of two jurisprudential councils, and to highlight the sound methodology based on the principles of the Sharia and its purposes for dealing with calamities. The researcher followed an inductive and analytical approach of the fatwas issued by the two councils. The researcher concluded that the interest (maslahah) based approach takes into account interest and builds upon it to achieve a welfare goal while avoiding some harm. It is broader in scope and avoids corruption, as it is broader than public interest (maslahah mursalah). There are restrictions that should be taken into account when considering the reformist opinion, which are: that the beholder must be qualified for ijtihad, that he does not suspend an explicit legal text, and that he returns to the preservation of the objectives of the law, and that the consideration be given to the meaning of the rulings that are reasonable. The effect of the reformist examination was evident in many of the events of Corona concerning worship in the fatwas issued by the councils. It is reflected in provisions regarding purity, prayer, fasting, zakat, Hajj, and sacrifice. - Some of the metrics are blocked by yourconsent settings
Publication The Impediment To Empowering People With Special Needs In Society And Its Solution Through A Motivational Programs And Development Frameworks: A Descriptive Case Study From An Islamic Legal Perspective(USIM Press, 2023) ;Mahmoud Mohamed Ali Mahmoud Edris ;Muneer Ali Abdul Rab ;Baidar Mohammed Mohammed Hasan ;Ahmed Abdulbagi HmadMualimin Mochammad SahidThe hyperinflation experienced by the economies of Islamic countries has raised land prices and construction materials, reducing the possibility of geometric expansion in urban housing areas,whether by governments or individuals. This is because the reality of the situation indicates the existence of a real crisis in the widening housing finance and engineering projects. It is worthpaying attention in this regard that there are additional and complex issues related to the use of adulterated substances in the field of engineering constructions and buildings, and this is harmful, and Allah SWT has prohibited this through His religion and provided guidelines to avoid the harms before they occur.Parts of these guidelines are the moral aspect of the religion, which prohibit someone to commit fraud. To explain the aforementioned further, the aims that this paper seeks to highlight is finding solutions This study aims at empowering people with special needs in society through incentive programs and development frameworks, supported by humanitarian organisations. These organisations will develop their skills and make them look forward to the best and rely on themselves on par with the other community members who sometimes ignore them. The research will show the importance of this group in society and their different characteristics from normal individuals until people have started to call them the term people with special needs. The problem of the study will clarify the injustice that befalls on them and the negative view of normal individuals towards them because of their disabilities. The study adopts descriptive and analytical approach and collects data related to the topic to analyse it and reach a conclusion. Among the most important findings of the study are the positive solutions and proposals that are reached to, i.e., limiting the bad perception of people towards this category of people with multiple talents and needs from society and officials. The study reached several results, namely: according to Islam, inherited defects in human body shall not be a reason to demean or belittle them, and people with this defect shall be given full right without demeaning or discriminating against them. The paper is divided into sections, which deal with the type of people with special needs and suggests positive solutions to their family, educational, health, social and professional problems that limit them to practice their normal lives. - Some of the metrics are blocked by yourconsent settings
Publication Kepentingan Pengajaran Subjek Syariah Dan Pengajian Islam Menggunakan Bahasa Arab: Kajian Persepsi Pelajar Syariah Dan Undang-Undang, USIM(Penerbit USIM, Universiti Sains Islam Malaysia, 2020-11-18) ;Mualimin Mochammad Sahid ;Baidar Mohammed Mohammed HasanMohammad Najib JaffarObjektif kajian: Kajian ini bertujuan mengenalpasti kepentingan dan kebolehlaksanaan pengajaran dan pembelajaran subjek-subjek Syariah dan pengajian Islam dalam bahasa Arab di Universiti Sains Islam Malaysia. Metodologi kajian: Kajian ini menggunakan kaidah kajian kuantitatif yang melibatkan seramai 239 pelajar tahun 1 sehingga tahun 5 daripada Fakulti Syariah dan Undang-Undang, Universiti Sains Islam Malaysia. Satu (1) set soal selidik yang mengandungi enam (6) soalan bagi mengetahui pandangan mereka berkaitan keperluan dan kebolehlaksanaan pengajaran dan pembelajaran subjek Syariah dan pengajian Islam menggunakan medium bahasa Arab. Responden dipilih menggunakan teknik persampelan rawak dan data dianalisis menggunakan kaedah statistik deskriptif. Hasil kajian: Kajian ini mendapati bahawa 69.5% responden berpandangan pengajaran subjek-subjek Syariah dan Pengajian Islam di USIM adalah perlu. Bahkan hampir keseluruhan responden, iaitu sebanyak 92.5% bersetuju sebagai universiti peneraju integrasi ilmu Naqli dan Aqli, USIM perlu memartabatkan Bahasa Arab disamping Bahasa Melayu dan Inggeris sebagai bahasa Pengajaran dan Pembelajaran (PnP). Walaubagaimanapun, terdapat cabaran dalam penggunaan bahasa Arab sebagai medium PnP yang dihadapi oleh kebanyakan pelajar. Justeru, 63.2% responden mengakui bahwa mereka mengalami kesusahan dalam memahami subjek-subjek Syariah dan Pengajian Islam jika disampaikan dalam Bahasa Arab. Adapun punca kesukaran yang dialami pelajar dalam memahami subjek yang diajar dalam Bahasa Arab adalah disebabkan oleh sikap pelajar yang lebih suka dan merasa selesa jika PnP dijalankan dalam bahasa selain Bahasa Arab, sama ada bahasa Melayu ataupun bahasa Inggeris. Majoriti pelajar, iaitu seramai 59.4% responden menyatakan dan bersetuju dengan perkara ini. Aplikasi kajian: Hasil kajian ini dapat digunapakai sebagai rujukan penggubal polisi dan jawatankuasa pengurusan tertinggi universiti bagi memastikan bahawa penggunaan medium Bahasa Arab dalam PnP subjek-subjek Syariah dan Pengajian Islam masih relevan dan perlu diteruskan. Ini adalah bagi meneruskan dan memantapkan lagi agenda integrasi ilmu Naqli dan Aqli di Universiti Sains Islam Malaysia. Bahasa Arab sebagai medium sumber-sumber rujukan ilmu Naqli wajar diberi tumpuan yang lebih besar bagi membolehkan pelajar-pelajar memiliki dasar keilmuan yang kuat dalam memahami dan mengaplikasi kedua-dua disiplin ilmu ini. Kebaharuan/Keaslian kajian: Kajian ini mendedahkan punca sebenar masalah dan cabaran yang dihadapi oleh pelajar dan guru (pensyarah). Terdapat pelbagai isu seperti lemahnya prestasi pelajar dan rendahnya minat mereka dalam subjek Syariah dan Pengajian Islam tanpa dikenalpasti puncanya. Justeru, kajian ini menunjukkan fakta dan punca sebenar. Pelajar mempunyai latarbelakang yang cukup untuk memahami subjek-subjek yang diajar, dan mereka meyakini pentingnya PnP dalam Bahasa Arab, namun sikap pelajar perlu diubah serta guru perlu memperbaiki cara mengajar dan penyampaikan maklumat agar dapat menarik minat mereka. - Some of the metrics are blocked by yourconsent settings
Publication Keperluan Graduan Syariah Di Malaysia Memahami Konsep Dan Metodologi Pengajian Syariah Sebenar Dalam Menyelesaikan Isu Serta Permasalahan Semasa(Penerbit USIM, Universiti Sains Islam Malaysia, 2020-11-18) ;Hasnizam bin Hashim ;Setiyawan Gunard ;Mualimin Mochammad Sahid ;Norman Zakiyy Chow Jen T’ Chiang ;Baidar Mohammed Mohammed Hasan ;Syaryanti HussinAdzidah YaakobSejarah dunia telah meperlihatkan bahawa di zaman keunggulan tamadun Islam, umat Islam telah mengamalkan budaya ilmu yang cukup hebat sehingga menjadi rujukan masyarakat dunia. Walau bagaimanapun, kegemilangan ini menjadi pudar berpunca daripada sikap umat Islam sendiri yang meninggalkan ajaran Islam dan hanya menerima pakai amalan taqlid semata-mata menggantikan amalan ijtihad. Hasilnya umat Islam menjadi semakin ketinggalan dan banyak permasalahan baharu berlaku dan tidak dapat diselesaikan. Menyedari perkara ini, di Malaysia, pihak kerajaan telah melakukan beberapa reformasi drastik terhadap sistem pengajian syariah itu sendiri baik dari segi kurikulum mahupun pendekatan yang digunakan. Hasilnya banyak institusi-institusi pengajian tinggi awam yang menawarkan program-program pengajian syariah telah ditubuhkan sebagai hasil langkah proaktif golongan intelektual Islam dan kerajaan di dalam menangani kehendak dan keperluan semasa. Namun demikian, graduangraduan yang dilahirkan kebanyakkannya lebih bersifat taqlidi dan masih tidak mampu untuk menangani ledakan permasalahan semasa yang melanda umat Islam. Sesetengah hukum yang diberikan pula kelihatan tidak holistik dan mengikuti metodologi sepatutnya sebagaimana yang diajarkan oleh Islam. Oleh yang demikian, kertas kerja yang menggunakan kaedah kualitatif ini akan membincangkan tentang apakah asas dan metodologi yang sepatutnya dikuasai dan dipegang oleh setiap graduan syariah bagi membolehkan mereka menyelesaikan dan mendepani permasalahan semasa. Kajian mendapati bahawa Islam sebenarnya telah menggariskan asas dan metodologi yang jelas sebagai panduan kepada mereka yang ingin memberikan sebarang hukum dalam usaha menyelesaikan sebarang isu dan permasalahan semasa yang dihadapi oleh umat Islam. - Some of the metrics are blocked by yourconsent settings
Publication Leadership System of Adat Perpatih In Malaysia As A Model of Consensus and Democracy Concept: An Analytical Study(Psychology And Education, 2021) ;Mualimin Mochammad Sahid ;Mohammad Chaedar ;Baidar Mohammed Mohammed HasanFettane AmarAdat Perpatih is a customary practice among people in Malaysia, especially Negeri Sembilan state. It is an unwritten custom that has been inherited for generations since 17th century and is practiced to this day. The custom has become a national cultural heritage that is well preserved, and it becomes the uniqueness of the community in Negeri Sembilan state. The noble values of Adat Perpatih customary practices which clearly guided by Islamic religion and derived from its teachings have been recognized in shaping the social and community values in the country. One of these values is the leadership system which is not only highly regarded for its pure value, but has also been the main reference and the backbone that forms the Council of Rulers (Majlis Raja-Raja) as well as the Constitutional Monarchy system in Malaysia. This article will examine the extent to which the practice of electing leaders in Adat Perpatih practices relates to the concept of consensus and democracy in Islam which is the official religion in Malaysia. The research methodology used in this paper is qualitative research which combined the method of literature review and history of customary origins in order to analyse issues related to Adat Perpatih practices especially in appointing leaders or Kings in Negeri Sembilan state. The results of the study showed that the uniqueness of the leadership concept in Adat Perpatih is very closely related to the existing system practiced in Islam which is well-known as Ijmak and Syura. Therefore, the system of leadership practiced by people of Negeri Sembilan state in their Adat Perpatih since long time ago has been recognized as the best leadership model to emulate - Some of the metrics are blocked by yourconsent settings
Publication Melindungi Orang Pelarian: Kajian Perbandingan Antara Undang-Undang Adat Antarabangsa Dan Islam(Penerbit USIM, Universiti Sains Islam Malaysia, 2021-12-30) ;Mualimin Mochammad Sahid ;Baidar Mohammed Mohammed HasanNoorfajri IsmailSalah satu fenomena global yang terus berlaku sehingga ke hari ini adalah isu orang pelarian. Ia akan sentiasa ada selagi mana wujud krisis dan konflik di sebuah negara tertentu. Orang pelarian adalah dilindungi di bawah prinsip non-refoulement dalam undang-undang adat antarabangsa. Di bawah undang-undang ini setiap negara mempunyai tanggungjawab untuk tidak memaksa pulang orang pelarian ke situasi di mana nyawa atau kebebasannya terancam tanpa mengira sama ada negara itu adalah pihak kepada Konvensyen 1951 Berkaitan Orang Pelarian atau tidak. Dalam agama Islam, prinsip ini telah digariskan sejak lebih 14 abad yang lalu menerusi ajaran agama yang termaktub dalam Quran dan Sunnah serta diamalkan oleh Nabi SAW dan para sahabatnya. Artikel ini akan mengkaji perbandingan di antara Undang-Undang Adat Antarabangsa dan Islam dalam memperlakukan orang pelarian dan statusnya. Berdasarkan kaedah kajian analisa dan perbandingan menggunakan data dan kajian kepustakaan, isu status orang pelarian dan hak mendapatkan perlindungan dihuraikan dan dikaji mengikut peruntukan undang-undang adat antarabangsa serta amalan agama Islam. Diantara hasil kajian adalah bahawa Islam melihat perlindungan kepada manusia adalah satu hak asasi yang tidak boleh dinafikan. Perlindungan kepada orang pelarian atas pelbagai sebab, khasnya yang melibatkan ancaman keselamatan diri dan nyawa sangat diperhatikan. Justeru, amalan dalam agama Islam berkaitan status dan hak orang pelarian dilihat selari dengan peruntukan undang-undang antarabangsa serta menjadi rujukan penting dalam menangani isu kemanusian yang tiada penghujungnya ini. - Some of the metrics are blocked by yourconsent settings
Publication Modern Slavery And Forced Labour: An Overview Of International Law, The Malaysian Law And Islamic Law Perspectives(UIN JAKARTA, 2021) ;Hendun Abd Rahman Shah, ;Baidar Mohammed Mohammed Hasan ;Haziman Muhamad AhmadNorfadhilah Mohamad AliThe paper aims to provide an overview of modern slavery and forced labour under international, Malaysian and Islamic law perspectives. It employs doctrinal methods which mainly focus on library-based research through legal analysis and review of past works, as well as the historical and explanatory method that help explain the views of commentators and scholars in international and Islamic law. It then connects ideas to understand the issue in the local context. This paper concludes that there is a lack of a clear definition of modern slavery universally, which makes it difficult to identify whether the exploitation of the workers, is amounting to merely a violation of rights or to some extent is amounting to slavery or forced labour or trafficking of persons as demarcated by either International law or the Malaysian law. Nevertheless, Islamic law has not given much emphasis on definition, rather it provides remedy and guidelines in protecting workers from oppression and slavery such as regulating the relationship between the employer and the worker according to the precise legal criteria to guarantee fulfilment of rights and non-aggression so that labour does not turn into a new arena of modern slavery. - Some of the metrics are blocked by yourconsent settings
Publication Principles And Strategies Of Water Security In Islamic Law: An Analytical Study In The Methodology Of Application(Fakultas Dirasat Islamiyah Universitas Islam Negeri (UIN) Syarif Hidayatullah, 2021) ;Baidar Mohammed Mohammed Hasan ;Muneer Ali Abdul Rab ;Hasnizam HashimMualimin Mochammad SahidThe study aimed at “Principles and Strategies of Water Security in Islamic Sharia Analytical Study in the Application Methodology” to present the philosophy of the basic principles of water security in Islamic Sharia according to data based on a Muslim fact, which is that water security is a solid foundation for food security for humanity, and in light of that, it requires a study of the principles The main and basic principles of water security in Islamic law, given that achieving the principles of water security in practice is the correct and sound strategy in the way of achieving food security, and accordingly, the research will address the issue by dividing the study into three main axes and a conclusion, and the first axis will include existential principles of water security in Islamic law, and in the second axis, the study will discuss the methodological principles of water security in Islamic law. In the third axis, the study will propose some strategic mechanisms that guarantee the achievement of water security in accordance with the legislative interests indicated by the Sharia texts. Consumption of water resources, development and development of water resources, and preservation from pollution, and water security in Islamic law has existential sources, represented in the importance of water security for food security and human partnership in water resources, and this is what makes it imperative for people as partners in water resources to be partners In achieving water security, which is the basis for achieving food security. And that the Islamic Sharia has made practical contributions to its application, represented in rationalizing the consumption of water resources, developing and preserving them from pollution in all its forms and types. - Some of the metrics are blocked by yourconsent settings
Publication The Social Incubator and its Role in The Political Process: A Constitutional Study on The Historical Context and The Civilizational Factor(USIM Press, 2020) ;Baidar Mohammed Mohammed Hasan ;Muneer Ali Abdul RabMualimin Mochammad SahidThe study discussed a constitutional issue related to the political process in Islamic constitutional legislation. It is appropriate to study social conditions in the field of political competition throughout the ages. It is worth mentioning in this study, that there are influential social repercussions in the political process, especially in light of the presence of some gaps in the aspect of social awareness of the importance of exercising the constitutional right in the political process. The society represents the fertile field for any political, economic, or other activity. There is no doubt that the results of political and economic activities and other fields reflect the reality of society practicing these activities. A strong society in its scientific, material, cultural and technological capabilities, its political participation is greatly positive, and a society that lacks a large part of a culture, material, and technological development has major negatives in its political participation. The purpose of this study is to present examples of societies in the historical and contemporary context, and their positive and negative role in the political process. Additionally, this study highlights the importance of civilizational, humanitarian, scientific, and cultural construction for the societies that are considered the main influencer in any political activity. This is important so that society is a positive supporter of the sophisticated political process /activities. Keywords: social incubator, political process, constitutional - Some of the metrics are blocked by yourconsent settings
Publication اءسهامات الشريعة الإسالمية في الحفاظ على البيئة من ظل جائحة كوفيد-19(Universiti Sains Islam Malaysia, 2020-10-15) ;Baidar Mohammed Mohammed Hasan ;Hasnizam HashimMuneer Ali Abdul Rab - Some of the metrics are blocked by yourconsent settings
Publication الاستدلال والتحقيق في جرائم الانترنت في دولة الإمارات العربية المتحدة(AL-HIKMAH RESEARCH & PUBLICATION CENTRE, 2022) ;Zayed Ali Nasser Algabri ;Syahirah Abdul ShukorBaidar Mohammed Mohammed HasanThis study talked about the Internet and what distinguishes it as a boom in our current and modern era, information crime or Internet crime and its risks to society. It also talked about the role of the police in inspecting, controlling crime, and seizing the tools used in the crime, as it is a form of evidence gathering. There are many difficulties and obstacles that stand as a barrier for investigation authorities in gathering evidence and investigations into this type of serious crime ,Where this study raises a problem and opinions that require exposure to it in order to solve it and focus on judicial jurisprudence and its inability or weakness in the face of this type of crime due to its secrecy and the difficulty of proving and gathering evidence with it, given the evaporation of information or programs that those responsible for this crime can use to erase data or any evidence against them. This study aimed to clarify what is meant by the Internet and what the information crime is, and to highlight the role of the police in confronting these crimes, the difficulty of their work, and the problems they face, especially in these crimes, as they are classified information crimes. In this study, the descriptive-analytical approach was followed in arriving at the meaning of the Internet and what is meant by the information crime and its analysis, as well as reaching the role of the police in proving and collecting forensic evidence about Internet crime and the difficulties it faces and obstacles, as well as the analytical approach in explaining the difficulties and problems that arise before the policemen in Confronting information crimes and the difficulty of proving and investigating them. - Some of the metrics are blocked by yourconsent settings
Publication الاستفادة من بلازما الدّم في علاج كورونا المستجد (كوفيد-19):دراسة فقهيّة أصوليّة(Faculty of Syariah and Law, Universiti Sains Islam Malaysia, 2020-10-27) ;Muneer Ali Abdul Rab ;Ahmad Syukran Baharuddin ;Baidar Mohammed Mohammed HasanMesbahul HoqueThe entire humanity is witnessing the new Corona virus pandemic (COVID-19) that has struck the most powerful nations and spread across the globe like wild fire. In the wake of endeavors to fight the virus, medical experts have employed different tools and procedures important among which is the utilization of immune blood plasma which has been proved to be effective by many clinical trials in many countries. This research seeks to reveal the Sharia position on the use of this procedure to cure COVID-19 patients particularly having regard to its importance in fighting the virus, the ignorance of many Muslims on its Sharia-compliance and absence of adequate studies on the issue. In achieving this objective, the research relies on both inductive and analytical methodologies to collect, examine, 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: That transfusing blood plasma from a donor to a patient is not in the category of the running blood prohibited definitive authorities, because both differ in terms of meaning, attribute and effective cause; The use of blood plasma for treating the new corona virus has basis in the Sharia namely, phlebotomy and cupping; It can also be compared to blood donation and since plasma is component of blood, donating it is equally allowed under the principles of Islamic Jurisprudence. That the permissibility of transfusing blood plasma to Covid-19 patients is subject to certain conditions relating to the patients, the donor and the blood donated. - Some of the metrics are blocked by yourconsent settings
Publication الأمن البيئيّ والحفاظ عليه من عوادم جائحة كوفيد 19: دراسة مقاصديّة(USIM Press, 2021-12) ;Baidar Mohammed Mohammed Hasan ;Hasnizam HashimMuneer Ali Abdul RabbThis study reveals the significance of the environmental security and its preservation from remnants of the pandemic Covid-19. It also intends to elucidate the role and contribution of Maqasid al-Shariah that highlight great concern on the preservation of individual's life, society, and country in facing unexpected circumstances due to this pandemic through its legal texts (nusus). The study also aims to raise the community's awareness on the importance of environmental security and end the pollution caused by Covid-19 remnants such as masks, gloves, and other Covid-19 residues used by the people to reduce the spread of this pandemic and the probabilities of its reach. However, some individuals do not properly place these residues in the designated places for proper and safe disposal. As a result, this waste is dumped in public areas and on roadsides leading to a high-risk environmental, ecological threat in the short and long term. Therefore, to overcome this situation, Shariah has underlined principles that must be adhered to in dealing with the Covid 19 remnant to safeguard the people, society, and state. Failure to observe these rules would lead to another catastrophic situation. The researchers applied the descriptive-analytical approach in writing this article. Some of the significant findings discover that Pandemic Covid-19 has caused a severe impact on the environment due to people's improper disposal of the remnants that consequently affect the future life in terms of water and food resources and the environment safety. This study also found that Maqasid al-Shariah has emphasized the importance of promoting, protecting and educating the people to have a decent relationship with the environment. The study also found that the environmental pollution caused by the remnants of covid 19 has somehow resulted from the corruption or illegal action by some that finally threaten the lives of individuals, society, and the world. - Some of the metrics are blocked by yourconsent settings
Publication الإعاقة والتعامل الإنساني الحضا ري: دراسة تحليلية في ضوء الشريعة الإسلامية(USIM Press, 2023-03-17) ;Baidar Mohammed Mohammed Hasan ;Muneer Ali Abdul RabWan Abdul Fattah Wan IsmailThe study aims to examine some texts of the Islamic law that provide humanistic and civilizational models to alleviate the burden of disability on its sufferers. The texts will be analyzed according to the legal Maqasid criteria, to demonstrate the humanistic and civilizational values in dealing with persons with disabilities. This is to bridge the knowledge and value gap in dealing with disability issues, whether it is a sustained disability or an accidental one. It is particularly important to study these humanistic issues in Islamic jurisprudence as they are often seen as Western values, which neglect the Islamic humanistic and Maqasid-oriented dimension, which provides strong humanistic and civilizational principles in dealing with all human issues, including those related to persons with disabilities. The study consists of three axes: The first axis will discuss the naming and aesthetic terms that were addressed in the purified Islamic law texts, such as the term "first harm," the term "excusable," and the term "the weak." The second axis will focus on the legal texts that presented humanistic and civilizational models through multiple values such as responsibility, solidarity, and integration in society towards persons with disabilities. The third axis will focus on the contributions of Islamic law in presenting the human rights considerations for persons with disabilities, as opposed to other individuals. To achieve the study's goals, the researcher adopted both the inductive and analytical methods by collecting evidence related to the subject and deducing and analyzing it in a way that supports the study's objectives. The study concluded several important results, including that Islamic law has presented beautiful, civilizational, and purposive human models in terms of terminology related to people with disabilities. The United Arab Emirates has translated this human and civilizational model through its vision for people of determination. Islamic law has contributed to integrating people with disabilities into human society, developing their skills, and enabling them to actively participate in work. Furthermore, Islamic law has presented the rights aspect of people with disabilities as a human, rights-based, and ideal civilizational value. - Some of the metrics are blocked by yourconsent settings
Publication التواصل البشري وصناعة مبادئ القانون الدّولي الإنسانيّ:دراسة تحليليّة في منظور الشريعة الإسلامية(Penerbit USIM, 2022) ;Baidar Mohammed Mohammed Hasan ;Muneer Ali Abdul RabHasnizam Bin HashimThe study aims to extrapolate and analyze common humanitarian principles in the perspective of Islamic law and international humanitarian law, through the study of the legal legislative knowledge formation, which is the fruit of human and civilizational knowledge accumulations passed down by generations and acquired based on several factors, including communication, life experiences and divine legislation, and one of the most important of these legislations is Islamic legislation, which contains legal legislation that touches on the needs of the human family, social, military, political, economic, humanitarian and other areas of life. Essential. Some of the Sharia texts related to humanitarian legal legislation, which is one of the common principles between Islamic law and international humanitarian law, which was the product of human communication, which is a civilized human value to connect the human being to cooperation and integration in all areas of life, especially the humanitarian field, through the codification of humanitarian legislation, will be studied. The research will focus on the common principles of Islamic legitimacy and international humanitarian law and the role of human communication in the integration of those commonalities in building the international humanitarian legal system, and to achieve the objectives of the study, the researcher has adopted the inductive approach and the analytical approach, through the collection, extrapolation, and analysis of evidence related to the subject leading to support the objectives of the study. The study has reached conclusions, the most important of which are: The common principles in the perspective of Islamic law and international humanitarian law were the product of human communication between different nations so that international humanitarian legal systems were integrated to represent a convergent and harmonious legal framework in its humanitarian legislation, that Islamic law made great contributions to the international humanitarian human rights field, and that human communication is an important human and civilizational value in the construction of humanitarian legal values and principles. - Some of the metrics are blocked by yourconsent settings
Publication التّدابير الشّرعيّة والطّبّيّة للوقاية من كورونا المستجدّ (كوفيد-19): دراسة تحليليّة(USIM Press (Penerbit USIM), 2022) ;Muneer Ali Abdul Rab ;Baidar Mohammed Mohammed Hasan ;Setiyawan Bin GunardiMesbahul HoqueAll people witnessed the new epidemic of Corona (COVID-19), which spread in the world, and infected millions of people. It is well known that Almighty Allah would not send down a disease to His servants except that He sent down a cure for it. Therefore, the Islamic nations should follow the instructions and measures urged by the Islamic religion, or instructions issued by the competent health authorities to prevent this epidemic, especially since medical practitioners have not found any effective treatment to prevent the infection. Even though it has reached the level of vaccines, the transmission of infection has not been prevented. Therefore, these measures and instructions remain the mainstay of prevention and protection from it. This research aims to clarify the Shariah and medical preventive measures against the emerging coronavirus and study them as an analytical study from the perspective of Maqasid al-Shariah. To achieve this goal; the researcher followed the inductive and analytical approach, which consists in extrapolating and following the Shariah preventive measures from epidemics in general, and the Corona epidemic in particular, then analyzing and studying them in the light of Maqasid al-Shariah. The researcher concluded that among the Shariah measures to prevent epidemics and diseases are the following: quarantine, fleeing from lepers, avoiding handshakes, purification, placing a hand or a garment over the mouth when sneezing, fermentation of vessels and potting of pots, abstinence from immorality and disobedience, enjoining good and forbidding evil, and adherence to supplications and remembrances. Similarly, among the medical measures to prevent the corona epidemic are the following: taking care of hygiene, washing hands, using disinfectants, wearing masks and gloves, social distancing, and applying home quarantine for those infected with colds, avoiding direct contact with them, Sharia preceded modern medicine in devising physical and moral precautions to prevent epidemics and diseases. - Some of the metrics are blocked by yourconsent settings
Publication الرسوم المتحركة وآثارها دراسة في نظرية المقاصد(Penerbit USIM, Universiti Sains Islam Malaysia, 2020-11-18) ;Youcef bin AliBaidar Mohammed Mohammed HasanThe study aims to shed light on an important issue, and it is the "animated cartoons" by explaining a brief summary of the cartoons and the scientists' position on them, with mentioning the positive and negative effects of viewing these cartoons, and the extent of their impact on The child's psyche and thought, and strive to study it in order to give the legal ruling to it, and to present it on the basis of observing and bringing about the considered interests, preventing and pushing evil, as well as considering the outcomes and taking into account the means and ends. The method used to achieve these goals will be the inductive and analytical method, which consists of extrapolating the legal texts related to the subject, From this study, the researcher reached many results, the most important of which are: that the researchers have categorically proven the effect of cartoons on the child in the first years of life in the rest of a person’s life. Therefore, parents and educators must sense the threat posed to their children in order to respond gently and firmly at the same time While watching or playing. The benefits that come from animation are numerous, starting from the realization of thought, sharpening the memory, passing through the learning of motor skills and focus, to the development of artistic taste and the development of language in the viewer, so that the cartoon goes beyond being an element of fun and entertainment, to the level of achieving directive, educational and educational purposes. - Some of the metrics are blocked by yourconsent settings
Publication (العرف المجتمعيّ من منظور إسلامي كآليّة لفض النّزاع: المتجاو ر ون في السّكن والزّراعة ( دراسة حالة(USIM Press, 2023-03-17) ;Mahmoud Mohamed Ali Mahmoud Edris ;Muneer Ali Abdul Rab ;Baidar Mohammed Mohammed HasaniMuktar Shek AbdurahimanThis study aims to highlight the importance of social norms in settling disputes, and their role in reconciliation between disputants, especially between neighbors in housing areas and agriculture fields, who often dispute over the boundaries of the house walls or the boundaries and modification of the water course in order to irrigate crops. The study confirms that disputes between humans is a natural matter and a divine destiny, and no one is spared from it, but requires wisdom to solve the issues and written contract to restore the water to its natural course, through cultural customs, and positive habits in the civil councils without resorting to the state courts and their lawyers, who will charge both the plaintive and the defendant the money and consume the time they both actually indeed off. The study seeks to highlight the custom and deal with it from an Islamic perspective based on evidence from the purified Sunnah of the Prophet so that it leads to positive results that can be a new addition to reconciliation between opponents. There are several cases and issues that runs in the researcher’s mind that he personally witnessed and want to shed light on. Some of these issues caused disputes between the neighbors in residential areas such as purchasing a house with semi-official papers from the buyer and are not registered in government departments or are registered in someone else name other than the one who sold it. It may also appear that the house has other parties other than the seller and the buyer thus lead to complication in the conflict. This is due to poor planning and occurs mostly in the outskirts of planned cities, or what people call slums. The problem of the study describes the conflicts that occur in rural farms with no demarcated borders, which, in the custom of Arab societies, fall under areas inhabited by certain tribes or clans that are not registered with the official authorities and are perceived as their own property alone, including disputes that occur due to political representation in the center of the ruling state or dispute in Sharing the share of water in irrigated farms with common streams, and many other causes of dispute that lead to quarrels between neighbors. The researcher considers it a problem whose solution lies in custom as an alternative mechanism for resolving disputes that must be settled outside the walls of the courts. To diagnose the problem, the researcher follows the descriptive approach, and does not dispense with the analytical method, so that the paper leads to results that strengthen the weaknesses in the custom in a way that makes it consistent with what is stated in Islamic law . - Some of the metrics are blocked by yourconsent settings
Publication العقد الاجتماعي في القانون الدستوري الإسلامي وأثره في العملية السياسية: دراسة تحليلية(USIM PRESS, 2024) ;Baidar Mohammed Mohammed Hasan ;Mahmoud Mohammad Ali Mahmoud EdrisWuarda El-BourtiaaThe study aims to discuss the theory of social contract in Islamic constitutionalism and its impact on the political process through analyzing the relationship between the people, the ruler, and constitutional institutions. The study focuses on the value of the theory of the social contract as an Islamic constitutional foundation that creates a balance in the relationship between governing authorities and the people. The study followed a descriptive-analytical approach and arrived at several findings, including that the theory of social contract in Islamic constitutionalism is based on constitutional foundations and principles that contribute to achieving a balance in the relationship between the people and the ruler and regulating governance appropriately. It also preserves the people's constitutional rights in the political process and the constitutional system that organizes the political process, in addition to surpassing the dominance of private groups over the public. The study particularly emphasized the importance of the mutual relationship between the ruler and the people, which forms the basis of the social contract between them, to achieve a balance between civil society groups, governing authorities, and the people. In conclusion, the study serves as a contribution to understanding the theory of the social contract in Islamic constitutionalism and its impact on the political process. It also provided insights into the relationship between the people, the ruler, and governing constitutional institutions. - Some of the metrics are blocked by yourconsent settings
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) ;Muneer Ali Abdul Rab ;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.