Browsing by Author "Muhamad Firdaus Ab Rahman [Supervisor]"
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Publication The Potential of Temporary Waqf: A Study in Selected States in Malaysia(Universiti Sains Islam Malaysia, 2023-09)Muhammad Ainul Hakim bin Muhammad KhalilWaqf is a form of charity which the Islamic scholars have determined whether it is allowed to be declared as temporary and perpetual, or solely perpetual. Most of the states in Malaysia practise and implement waqf based on the absolute opinion of the Shāfiᶜiy schools, which is valid in perpetuity. This research aims to critically examine the classic and modern Islamic jurists’ perspectives on temporary waqf, analyse the existing concept of temporary waqf and its implementation in selected states in Malaysia, and propose a theoretical framework for the implementation of temporary waqf in selected states in Malaysia. A qualitative methodology was adopted, and data was collected through documentary research and semi-structured interviews with the State Mufti Department and State Islamic Religious Council of Terengganu, Perak, and Penang. Subsequently, the data were analysed through inductive and deductive content analysis and hermeneutic analysis. The research results demonstrated that waqf is allowed to be declared either permanently or temporarily based on the absolute opinion of Mālikī schools. Temporary waqf could be recognised through the ṣīghah of the waqf, the beneficiaries, and the waqf property. The donor is allowed to determine the duration to practise the waqf, while the stipulation shall be valid and bind the contract. Given that temporary waqf could realise the public interest, enhance the potential of the existing waqf, and keep the interest of the involved parties in the waqf contract, it is recommended that the State Mufti Department revises the fatwa relating to waqf, and the temporary waqf should be enacted in the respective waqf enactment of the selected states. It is also suggested that a theoretical framework for the SIRC implements a temporary waqf in the future. - Some of the metrics are blocked by yourconsent settings
Publication ضمانات حقوق كبار المواطنين في دولة الإمارات العربية المتحدة: دراسة تحليلية(Universiti Sains Islam Malaysia, 2023-12) ;سالم عبد الله سعيد سالم النعيمي ;Salem Abdulla Saeed Salam AlnuaimiMuhamad Firdaus Ab Rahman [Supervisor]The UAE lawmaker emphasised the need of safeguarding the rights of elderly people. The research aims to ascertain the stance of the UAE legislature on the protection of the rights of elderly adults, as well as the level of dedication shown by individuals, government entities, and charity organisations in executing the provisions outlined in legislation and laws pertaining to this demographic. The issue with this study is the absence of clear legal texts that ensure the rights of elderly individuals in accordance with Islamic Sharia provisions. This study aims to emphasise the significance of examining the guarantees for the rights of senior citizens in the United Arab Emirates. The research used an analytical technique to examine the assurance of older people' rights. The research used an inductive technique to analyse the texts of the legislation of the United Arab Emirates, as well as the texts of the Holy Qur’an and the Sunnah of the Prophet, in order to determine the assurances provided for the rights of senior people. This is accomplished by the process of monitoring and analysing legal documents and opinions pertaining to the topic, followed by engaging in discussions and analysis. The research used a qualitative methodology, which involves examining both internal and external causes, conditions, and variables in order to ensure the protection of the rights of elderly residents. The research was based on the examination of personal interviews done with ministers, managers, and officials in the respective sector. In order to accomplish this, the researcher examined the guarantees provided by UAE legislation, Islamic law, and international agreements regarding the rights of senior citizens. Additionally, the researcher analysed the 2019 law specifically addressing the rights of senior citizens, which outlined the principles, objectives, responsibilities, and provisions related to ensuring their rights. The law also included penalties for violations and crimes against senior citizens, and the researcher explored the role of judges in assessing these penalties. The researcher conducted an analysis of the initiatives undertaken by government institutions and charitable organisations aimed at safeguarding the well-being and rights of elderly individuals. Additionally, the study highlighted the various obstacles and challenges encountered by senior citizens in their daily lives, and put forth proposals that could potentially address these issues. Or reduce its harmful effects. The study yielded several findings, with the most crucial being that while government institutions and charitable societies play a substantial role in safeguarding and ensuring the rights of elderly individuals, there are deficiencies in delivering essential services to those residing in mountainous regions and remote villages. Moreover, the involvement of individuals and families is equally vital. Ensuring the required protection and full rights of older folks is of paramount importance compared to other priorities. The study emphasised the significance of enhancing collaboration between government institutions and charitable organisations that offer diverse services to senior citizens. It also highlighted the necessity for the Emirati legislator to revise the existing laws concerning the rights of senior citizens and address any loopholes in order to promote the public welfare, considering the evolving circumstances of life and the advancements in its practices. The work has made a theoretical contribution by elucidating the significance of safeguards for the rights of elderly people under Islamic law and Sharia. The research has also made a practical contribution by presenting the study's findings as well as the problems and hurdles that legislative and administrative bodies may encounter in ensuring the rights of older persons