https://e-ilami.unissa.edu.bn:8443/handle/20.500.14275/2148 2026-04-06T10:45:27Z 2026-04-06T10:45:27Z Muhammad Fauzan Duhi Abdul Somad https://e-ilami.unissa.edu.bn:8443/handle/20.500.14275/8552 2025-10-08T16:34:23Z 2023-01-01T00:00:00Z

إسهامات علماء فطاني في خدمة الفقه الإسلامي في القرن الثالث عشر الهجري Muhammad Fauzan Duhi Abdul Somad This study aims to explain the contribution of Patani scholars in the service of Islamic legislation among the scholars who lived in the thirteenth century Hijrah and reveal the origin of their curriculum (Manhaj) in the spread of Islam and Islamic legislation. Who is the most interested in their writings? They are among the scholars who played a significant role and contributed significantly to the leadership of the Ummah. They are the heirs of the prophets who inherited knowledge, work and da’wah. Therefore, the limit of the study is limited to the title: “The contribution of Patani scholars to Islamic Legislative Services in the 13th Century Hijrah.” The study’s descriptiveanalytical approach is based on data from Patani scholars and historical books. To achieve the objective of this study, after the introduction, the researcher describes the following titles: the overall picture of Islam in Patani, its entry and spread, and the expansion of the Shafi’i school of thought in it, then the approach of the Patani Ulama in recitation, ijtihad, and fatwa in the thirteenth Hijrah. Moreover, the contribution of Patani Ulama is included in their fiqh books; Sheikh Daud Al-Fatani, Sheikh Ahmad Al-Fatani, Sheikh Tuan Manal Al-Fatani, and Sheikh Nik Mat Kecil. The researcher concludes this study with the verdict: Patani became one of the most important centres of knowledge and civilization in the thirteenth century Hijrah. The study also reveals that Patani Ulama was brilliant in teaching, issuing fatwas and authoring books in Arabic and Malay-Jawi in the sciences of Aqidah and Fiqh through the Shafi’i school of thought Sufism. And most of them translated the books of Mu’tabar Shafi’i fuqaha from Arabic to Malay Jawi, partly explained and transferred from their texts, and took the original texts into their books, then translated and explained. Without distinction of their positions, the author sometimes separates himself from one of them by mentioning Imam Al-Nawawi without mentioning Imam Al-Rafi’i and Imam Ibn Hajar without saying Imam Al-Ramli. An unobtrusive density characterizes their writings. Finally, the study shows that the Patani ulama have been heavily influenced by the Shafi’i method of authorship. The people of Patani hold firmly and consider the Islamic fiqh books of the Patani Ulama as the primary guide and are very influential in teaching the Shafi’i school of fiqh to the people of Patani in particular and the Malay Peninsula in general.

2023-01-01T00:00:00Z Marwan Jafar https://e-ilami.unissa.edu.bn:8443/handle/20.500.14275/4903 2023-02-21T00:30:17Z 2022-01-01T00:00:00Z

The Application of Judicial Review in Indonesia and Malaysia: A Comparative Analysis Marwan Jafar Judicial review serves as one of the major backbones of the judicial system in any democratic polity. It ensures the consolidation of democracy because it serves as the principal mechanism of check-and-balance among the three tiers of government in any democratic setting and protects the rights of any aggrieved citizen who is presumed to have been unjustly prosecuted or governed. Given this, the present research focuses on investigating the core ideas of judicial review and its procedures in Indonesia and compares them to Malaysia’s judicial review model and procedures. Ultimately, the present study comes up with a judicial review practice model from the comparative analysis of the judicial review practices of Indonesia and Malaysia. A qualitative research methodology was adopted, and comparative analysis using desktop research design was conducted. It is found from the research that the dualistic judicial review model is quite problematic in terms of application in the Indonesian context, and the institution of the Judicial Ethics Commission (JEC) in Malaysia is likely to be effective for judicial review execution. From the findings, the study suggests a review of the current dualistic judicial review model adopted in Indonesia due to several flaws. The study comes up with an integrated judicial review model based on the comparative analysis of judicial review practices of both Indonesia and Malaysia. This research contributes to the field of legal studies through the four mechanisms of judicial review practice, i.e., judicial independence, easy access to justice, procedural fairness and judicial transparency. It is believed that the integrated model of judicial review and the four mechanisms for judicial review could serve as practical tools for enhanced judicial review practices in Malaysia and Indonesia as well as other countries across the world.

2022-01-01T00:00:00Z Kawtar El-Oualki https://e-ilami.unissa.edu.bn:8443/handle/20.500.14275/4122 2023-01-01T14:38:03Z 2020-01-01T00:00:00Z

عقود التمويل في البنوك التجارية والمصارف الإسلامية دراسة مقارنة في ضوء مقاصد الشريعة الإسلامية Kawtar El-Oualki Banks in the modern era have an important role in the economic development of countries, but their interest based transactions make many Muslims refrain from dealing with them, and this has led to the emergence of Islamic banks that seek to get rid of usury and make the principle of "profit for loss" a substitute for it. However, those Islamic banks face criticism that their financing does not differ from that of commercial banks, except in formalities and designations. Accordingly, this research seeks to answer the problem of the fact that Islamic banks differentiate in their contracts from commercial bank contracts in light of the objectives of Islamic law. The research relied on a descriptive, analytical and critical approach to present the theoretical and applied frameworks for the most important financing contracts in the two types of banks with analysis, criticism and comparison. The research reached an important result: There is no fundamental difference between the financing contracts in Islamic banks and the usurious loan in the commercial banks. Failures of the used contracts for financing in Islamic banks to achieve the objectives of slavery (‘Ubudiyah) and justice, as they have been keen to rely on contract forms with no consideration to their meanings and purposes, to find justification that guarantees them profit and competition with commercial banks. The research recommends the need for Islamic banks to review their transactions in accordance with Sharia objectives, and to reformulate the sales contract of Bai’ Bithan Ajilin (BBA) in a manner consistent with Sharia objectives and adopt it as the only way to buy real estate, and to prevent the organized banking Tawarruq contract due to its inability to be reformed, and limiting leasing to operating leasing.

2020-01-01T00:00:00Z Wan Sulaiman Ji' Ubung https://e-ilami.unissa.edu.bn:8443/handle/20.500.14275/3954 2023-01-01T14:41:46Z 2020-01-01T00:00:00Z

عقوبة التعزير في الفقة الإسلامي وقانون العقوبات الجنائي الشرعي 2013 م في بروناي دار السلام Wan Sulaiman Ji' Ubung The problem with research is that there are many crimes in Brunei Darussalam, and these crimes are increasing day by day, and they do not have a penalty estimated for the felonies. Therefore, the judge goes to the promotive punishments that are found in 2013 Shari’ah Criminal Penal Code in Brunei Darussalam. The other problem is that is the Shari’ah criminal penal code consistent with the reinforcement penalties in Islamic jurisprudence or is it different? The research aims to shed light on the concept of reinforcement in Islamic jurisprudence and Brunei Shari’ah criminal penal law and clarify the opinions of jurists and Shari’ah criminal lawmen on the legitimacy of reinforcement, and to control the crimes that can be reinforced in the Brunei Shari’ah criminal penal law increased its legitimacy, also the research aims to clarify the points of agreement Or the difference between the Islamic criminal law and Islamic jurisprudence. As for the approach that the researcher relied on in his study, it is the inductive approach that extrapolates the sayings of jurists and follows their opinions in the stomachs of old books, and the comparative approach. The researcher compares, weighs, and balances between Islamic jurisprudence and preponderances between those views and the most correct choice from them. At the end of the research, the researcher reached a set of the results, the most important of them are: Islamic law is integrated, faired in its rules and regulations in the entity of human life, and God's mercy requires in the imposition of barriers and projections of these penalties. The researcher found in this study that the Bruneian Shari’ah criminal penal code currently does not depend entirely on the jurisprudence of Imam Al-Shafi‘i, as it depends in some issues on the other doctrines that the criminal law complements some of its questions from proving the legal texts, and sometimes it may lack the basis of Shari’ah punishment from Islamic jurisprudence in detail.

2020-01-01T00:00:00Z