Browsing by Author "Nur Sarah Tajul Urus"
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Publication Harta Sepencarian dan Warisan Dalam Konteks Strategi Model Baharu Felda:Satu Pelan Inovasi Warisan Keluarga(USIM Press, 2021-04) ;Nur Sarah Tajul Urus ;Mus'ab Yusoff ;Maffuza Salleh ;Rabi'ah Muhammad SerjiNaziree Mohd YusofThe Federal Land Development Authority (FELDA) began its innovation concept when FELDA's New Model Strategy which went through the evolutionary process in its own distinctive niche was first launched in 2020. The New Model Strategy has a significant impact on the efforts to determine FELDA's vision and direction in changing the mentality of the settlers and rejuvenating FELDA thus driving the aspect of the integrated use of modern technology, mechanization, automation and intelligent agriculture. Besides that, the implementation of the diversity of crops on farms such as pineapple, young ginger, black turmeric and herbs. FELDA is a Malaysian government agent that addresses the relocation of poor rural people to newly developed areas to improve their economic status. Felda's original main focus was the opening of smallholder farms for contemporary crops. Felda settlers' husband work hand-in-hand in sustaining FELDA's aspiration to increase daily household income. Typically, conflicts appear when the death or divorce of FELDA settlers and their wives or heirs who make property claims. Felda land issues were discussed based on the types of land titles in the National Land Code 1965 and legal restrictions in Section 14(2) of the Group Land Act 1960. There was a disorientation in FELDA's land understanding until the decision of the Syariah High Court, the implementation of the Department of Land and Mines as well as the views of property planning consultants on cases of sects, hibah and inheritance were targeted at the actual meaning. The main objective of this study is to know the concept of jointly acquired and heritage property in FELDA land issues based on fiqh perspective and the provisions of law in Malaysia. The study is qualitative in which some cases have been randomly selected and analyzed. The main collection method is secondary sources comprising digital books and information as well as cases. The results of the analysis revealed that jointly acquired and heritage property have been the practice of FELDA settlers since the second and third generations. This study proposes that a strategic innovation plan can be introduced continuously to ensure that family relationships among FELDA can be preserved and avoided from generation to the next generation only because of this issue. - Some of the metrics are blocked by yourconsent settings
Publication Kelestarian Ijtihad dan Fatwa Bagi Menyantuni Isu Sumbangan Tidak Langsung Dalam Tuntutan Harta Sepencarian:Satu Penilaian Kritis Fiqh Harta(USIM Press, 2021-04) ;Mus'ab Yusoff ;Nur Sarah Tajul Urus ;'Umair Yusoff ;Mohamad Fauzi Md Thahir ;Siti Nurul Husna OthmanMasyitah Mohd ZainonThe issue of sustainability of ijtihad and fatwas to elaborate on polemics of indirect contributions in matrimonial property claims has become an important issue today. The selection of the right ijtihad and fatwa will ensure that critical discussions in this matter can be photographed to a knowledgeable society. There are many findings of jurisprudence writing that stated the main methods in ijtihad and fatwas used by fuqahak of the past and contemporary to draw interesting discussions on this issue, but in the context of indirect contributions in matrimonial property claims, there is still much to be clarified. The main objective of this study is to find out the method of ijtihad and fatwa in the book of fiqh applied by the jurists in this issue. This study is qualitative in which a total of 20 books of turath have been researched and understood descriptively. The main collection methods used were in-depth reading and analysis and narrative evaluation was used to analyze the findings obtained. The results of the analysis prove that the indirect contribution related to housework and outdoor work, can be done Akad al-Ijarah for the wife is eligible to take a certain wage according to the jumhur view. It relates to the limited amount that is still pending payment and is included in the matrimonial property. The study also found that indirect contributions related to outdoor work as well, can be done Akad Syarikat al-Abdan according to the view of the school of al-Hanafiyyah and can be associated with the amount of profits that grow and put into matrimonial property. In addition, the Islamic Family Law Enactment also does not specify in detail the conditions of property ownership as determined by Islamic law. This study suggests that a guideline can be translated into the minds of the Muslim community in Malaysia continuously to ensure that this polemic can be clarified and the benefits to be fought for can be maintained. - Some of the metrics are blocked by yourconsent settings
Publication Pengklasifikasikan Harta Isteri Berpekerjaan Sebagai Harta Sepencarian:Satu Analisis Hukum dari Perspekftif 'Urf(USIM Press, 2021-04) ;Masyitah Mohd Zainon ;Marina Abu Bakar ;Saad Gomaa Gomaa Zaghloul ;Nur Sarah Tajul UrusMus'ab Mohd YusoffIn Malaysia, the law recognizes claims of jointly acquired property of spouse due to divorce, polygamy or death. For example, Section 122 of the Islamic Family Law Enactment (State of Kedah Darul Aman) 2008, clearly provides for the jurisdiction of Court’s injunction in the division of jointly acquired property. There is a disagreement among Muslim Jurists related to assets to the working wives throughout her marriage in terms of its status as a private property or jointly acquired property. However problems arise when there are situations where the vast majority of domestic contributions are attributed to the property of the wife. These contributions can be seen beginning from the purchase of house, car and upbringing costs of children which are part of wife’s obligations. Therefore, the objective of this study is to identify the classification of assets of the working spouse as a jointly acquired property that is entitled to be claimed by the husband from Islamic perspective and subsequently analyze the custom recognition on it. This study is a qualitative study in which data is collected through studies from Islamic law scriptures and legal sources. Meanwhile, data analysis is carried out using content analysis methods through a descriptive approach. The findings proved that the custom recognized the classification of property of a wife to be accepted as a jointly acquired property. However for working wives who have incurred all additional needs, their property is classified as property that cannot be claimed by the husband in full. This study hopefully will contribute to the parties involved in jointly acquired property claims such as legislators and law practitioners to assess the classification of property working spouse as jointly acquired property that can be claimed by the husband. - Some of the metrics are blocked by yourconsent settings
Publication Perlindungan Hak Isteri Terhadap Unsur Narsisisme dan Gaslighting dalam Konflik Keganasan Rumah Tangga Impak Pandemik COVID-19(USIM Press, 2021-04) ;Sukriah Ismail ;Nur Sarah Tajul Urus ;Farida Isa BinawaeAhmad Hussein Abdul Shakoor SirajiThis study focuses constructively on the polemics in the COVID-19 pandemic impact households that plague the world. China, for example, invites high divorce cases during the period of emergency orders in force. In Malaysia, during the movement control order (PKP), complaints of conflict or domestic violence to the Malaysian Islamic Development Department (JAKIM) received a high response from wives. This indicates the existence of domestic conflict on a large scale. Thus, this study coincides to examine the causes and factors of domestic violence conflict. The second objective is to identify the rights of the wife in the household and third, to propose the standard procedure of a caring household to the State Islamic Religious Affairs Department. This study uses a qualitative methodology. Content analysis methods are used with materials that are largely sourced from libraries consisting of primary and secondary data. The main data is collected from the book of fiqh to explain the rights and responsibilities of the wife in the household. Secondary data based on published material, such as textbooks, journal articles, online databases and the Internet. For analysis, this study uses a combination of data analysis methods, namely descriptive, critical and comparative approaches. The findings show that there are elements of narcissism and gaslighting in the domestic crisis that have a harmonious impact on household institutions. Movement control orders also contribute as a strong factor in the conflict experienced by married couples. Therefore, a standard operating procedure mechanism for caring households needs to be established at the level of the State Islamic Religious Affairs Department to protect the rights of the wife and then develop a strong and strong character to avoid the shackles of negative marriage institutions. - Some of the metrics are blocked by yourconsent settings
Publication Pertukaran Agama Dan Kesannya Terhadap Komuniti: Satu Sorotan Terhadap Kes-kes Murtad Dan Masuk Islam Di Malaysia(Faculty of Social Sciences and Humanities, UKM, 2016) ;Siti Zaleha Ibrahim, ;Nur Sarah Tajul UrusMohd Faisal MohamedPenulisan ini menganalisis tanggapan masyarakat terutamanya pihak keluarga dalam kes-kes pertukaran agama. Beberapa kes murtad dan masuk Islam seperti kes Natrah, Lina Joy, Muhamad Abdullah dan Nyonya Tahir dianalisa bagi menjustifikasikan berlakunya pertukaran agama. Penulisan ini juga mengandungi penelitian terhadap pendekatan yang diambil oleh para hakim Mahkamah Syariah dalam kes-kes berkaitan ketika membuat pertimbangan terhadap pertukaran agama melalui kes-kes murtad dan masuk Islam. Kajian secara kualitatif ini menggunakan satu metode utama iaitu kajian kepustakaan bagi mendapatkan sorotan kes-kes pertukaran agama di samping mengetengahkan kesankesannya terhadap komuniti.Bagi membantu institusi perundangan untuk berlaku adil terhadap pihak-pihak yang terlibat, maka kajian ini mencadangkan beberapa pendekatan yang boleh dijadikan panduan dalam menentukan piawaian pertukaran agama dan kesannya terhadap komuniti setempat. Kajian ini turut mengandungi cadangan agar isu-isu berkaitan pertukaran agama diberi perhatian serius oleh pihak berwajib. - Some of the metrics are blocked by yourconsent settings
Publication Sumbangan Simbolik Dalam Pembahagian Aset Harta Sepencarian di Malaysia:Satu Permintaan Pasca Perceraian(USIM Press, 2021-04) ;Nur Sarah Tajul Urus ;Shahmi Awang ;Mohd Syahmil SamsudinAlias AzharIslamic Family Law Act or Enactment of the States in Malaysia has recognised that such property may be demanded or claimed by the husband and wife during the normal marriage period or when the husband wishes to polygamy. Such property can also be claimed after the death of one of the spouses or the dissolution of marriage through divorce or one of the apostasy couples and the religion of other religions. The Strategic Plan to portray Malaysia's face in the Common Prosperity Vision was born after the end of the National Vision Policy 2020 and the Vision of TN50 championing the same laws to protect women's rights, so that these groups could plan their future finances even as a wife or wives of polygamous husbands (honey), wife who’s husband death (widow), widow, and single mother. Symbolic contribution to jointly acquired property claims is a form of property distribution given specifically for women and this practice is provided under Islamic family law in Malaysia. Symbolic contribution of this property can only be applied in the Syariah High Court during the period of marriage and upon divorce, polygamy or death. The first objective of this study is to identify the provisions of laws relating to jointly acquired property. The second objective is to analyze cases decided by the courts in relation to claims of jointly acquired property. The third objective is to propose a simple, fast and friendly standard operating procedure for jointly acquired property applications. The study used qualitative methodology. Content analysis methods are also applied where most of the library-sourced materials consist of primary and secondary data. The main data is collected from the book fiqh to explain how the fiqh method is applied. The provisions of the law in the Kedah State Islamic Family Law Enactment 2008 and other relevant statutes as well as related legal cases are also referred to. In addition, the method of observation and reference of the original case in court is also implemented. Secondary data is based on published materials, such as textbooks, journal articles, online databases and the Internet. For analysis, this study uses a combined method of data analysis, i.e. descriptive, critical and comparative approach. The judges' statements in each case are thoroughly examined and followed by rational justification. The results show that the harmonisation of fiqh law and legal adaptation on jointly acquired property is the best law to apply especially by islamic family law institutions. The goal of giving symbolic contributions to jointly acquired assets is to maintain the best interests for married couples according to the context of the ‘uruf in Malaysia. Therefore, the laws and guidelines in force are parallel and do not contradict the ruling of fiqh in Islam. It also guarantees that the couple will benefit from the distribution of property in marriage and after a divorce, polygamy or death. What the government has implemented is a necessity to protect the welfare of couples by introducing certain procedures to ensure justice for the husband and wife in the future in safeguarding the welfare and justice of the wife.