Journal of Shariah Law Research

THE ENFORCEMENT OF THE PUNISHMENT FOR THEFT UNDER THE SHARIAH PENAL CODES OF NORTHERN NIGERIA

Abdulwahab Danladi Shittu — 2024-12-22

In 1999/2000, the introduction and application of Shariah Penal Codes in Nigeria, specifically pertaining to theft (sariqah), underwent significant changes. During this period, twelve Nigerian states embraced Shariah as a legal system alongside existing penal and civil laws in specific instances. Responding to this shift, seven of these states formally enacted Shariah Penal Codes as legal instruments for the state. Despite facing criticism from various quarters, including both Muslims and non-Muslims nationwide, these Shariah laws have been either fully or partially implemented and have become integral components of the legal framework in those states. The offense of theft, referred to as sariqah, is one of the transgressions addressed in these Shariah Penal Codes. This paper seeks to evaluate the provision for the offense of theft within the Shariah Penal Codes, scrutinizing its alignment with the principles of Islamic Criminal Law. Employing a historical research method, the author collected data through a combination of interviews and observations. The author visited states where Shariah laws were implemented to obtain first hand information and engaged with officials in Shariah courts. The research findings indicate that, while the provision for the offense of theft in Shariah Penal Codes is generally considered adequate, challenges may arise in the practical implementation and enforcement of these laws. A comprehensive exploration of the extent of alignment with Islamic Criminal Law and an examination of potential areas for improvement or challenges in practice were addressed in the complete research. Recognizing that this analysis is not exhaustive, there is a pressing need for a review and harmonization of laws across the concerned states.

SHARIAH STANDARD FOR THE ADOPTION OF ARTIFICIAL INTELLIGENCE NANNY: AN ANALYSIS OF POTENTIALS AND CHALLENGES

Saheed Abdullahi Busari — 2024-12-22

Artificial Intelligence as the contemporary advanced technology is been gaining recognition in every sphere of life in recent times. The increasing economic activities of households have triggered demands for house maid as more people wanted the service of a house made to sustain their social family structure needs. Family experts have suggested that people’s demand for house maid depends on the value of their time. A hirer whose time is worth $10 per hour can afford to hire a house helper for $5 per hour. At this juncture, hiring a nanny has become a household necessity for many families due to busy schedules, dual-income lifestyles, physical limitations, specialized skill needs, caring for elderly or disabled family members, frequent travel, or enhancing the overall quality of life by outsourcing domestic tasks. However, the disruptive AI nanny may offer consistent monitoring, personalized education, house routine, and childcare assistance. It can also provide remote parent monitoring and emergency response; however, ethical and privacy considerations remain crucial to many households perceiving AI as a complement, not replace, traditional caregiving. This study used the doctrinal approach of the qualitative method to critically analyze fundamental shariah standards required for the adoption of AI nannies. The study found that AI humanoid nannies in the contemporary can be considered as general items that can be adapted based on certain fundamental Shariah standards such as the intent of the operators, the social status of the AI nanny, the economic scale of producing AI nanny, the legal capacity of AI nanny and the physical features of AI nanny.

ORGANIZATIONAL COMMITMENT AMONG THE NURSES IN MALAYSIA: PERSPECTIVES FROM SHARIAH AND POLICY

Nur Afieqah Mamud — 2024-12-22

This study digs into the dynamic interplay of agreeableness and openness to experience, examining their tremendous impact on organisational commitment among nurses in Malaysia. Using a cross-sectional technique, 666 nurses were surveyed at Malaysian public hospitals. The intriguing findings show a significant relationship between agreeableness, openness to experience, and organisational commitment. Notably, nurses’ agreeable character and receptivity to experiences emerge as catalysts, affecting their self-organisational commitment and therefore fortifying the groundwork for heightened hospital efficiency. This study reveals the vital connection between individual characteristics and organisational commitment, offering light on the complex interactions that drive nursing performance and, thus, the overall success of healthcare services. This study also highlights the importance of organisational commitment from shariah and law perspective. Finally, the study provides practical implications for human capital and organisational behaviour.

KEDUDUKAN KETERANGAN PENDAPAT MUFTI MENURUT UNDANG-UNDANG KETERANGAN DI MALAYSIA: ADAKAH SEBAGAI PAKAR?

Mohd Sabree Nasri — 2024-12-22

The application of expert opinion evidence in court has become increasingly significant as it assists judges in understanding matters beyond their knowledge, enabling accurate and fair decisions for all parties. A mufti holds an authoritative position within the framework of Islamic law and the fatwa institution and is frequently consulted by the public on matters related to Shariah. Issues arise when the court seeks opinions or testimony from a mufti. Can a mufti be summoned to testify in court, and is their testimony recognized as expert opinion evidence? This article aims to examine the status of a mufti’s opinion in Civil and Shariah Courts to determine whether it is accepted as expert opinion evidence. The study adopts a descriptive approach and content analysis by reviewing relevant legal provisions, scholarly articles, and decided cases in court. Findings reveal several legal “lacunae” and constraints in recognizing a mufti’s testimony in court as expert opinion evidence. Therefore, improvements are necessary, including harmonizing the categorization of expert opinions and the legal provisions concerning muftis under state Islamic Administrative Laws, should muftis be recognized as experts under the law.

KEPERLUAN SPIRITUAL GOLONGAN ORANG KELAINAN UPAYA (OKU) DI MALAYSIA

Nurul Izzattie Elnyz Mahadi — 2024-12-31

People with disabilities (PWD) are often a marginalized group that faces significant barriers to experiencing spiritual fulfillment due to physical limitations, lack of support, and the absence of sign language interpreters in religious settings. However, these challenges should not justify neglecting or excluding them from fulfilling their religious obligations as prescribed by Shariah. Gaining knowledge of Islam and other spiritual teachings is essential, as it nourishes the soul and helps resolve inner conflicts, which ultimately has a positive impact on individuals. Therefore, religious authorities have a responsibility to educate PWD on religious practices, including how to pray, the rules of fasting, and how to communicate Islamic beliefs in a way that is accessible to this group. The aim of this research is to identify the spiritual needs of PWD and suggest improvements to facilitate their learning of religious knowledge. The study employs a qualitative methodology, using document analysis to explore this issue and review past studies. While there has been research on PWD, there is a lack of studies focused on their spiritual needs. The findings of this study suggest that relevant authorities have yet to adequately address the spiritual development and needs of this group.

SOROTAN LITERATUR TERHADAP KESEJAHTERAAN PASANGAN MUDA MENURUT UNDANG-UNDANG KELUARGA ISLAM DI MALAYSIA

Muhammad Rasydan Junuh — 2024-12-31

Marriage is an important institution in shaping the well-being of individuals and society. The wisdom behind the legislation of marriage, such as fostering feelings of sakīnah, mawaddah, and raḥmah, as well as protecting various aspects of life, including intellect, lineage, and wealth, contributes to a prosperous life. However, marital breakdowns caused by various factors - such as financial problems, attitudes and behaviors, third-party interference, and others - impact the foundation of a harmonious family life. These family-related issues often affect young couples who have been married for less than five years, compared to those with marriage durations of 10 to 15 years or 15 to 20 years. They are also prevalent among couples within the youth age group of 15 to 30 years. Statistics show that divorces occurring within one to five years of marriage have been the most frequent over the past five years. Similarly, divorce statistics by median age record the highest divorce rates among individuals aged 30 to 34, followed by those aged 25 to 29, resulting in 23,000 divorce cases among young couples in a single year. Divorce and marital breakdowns give rise to secondary issues for young couples, such as mental health challenges, domestic violence, depression, economic instability, and other factors that negatively impact their well-being. Consequently, this article examines the issues affecting the well-being of young couples from the perspective of Islamic Family Law. A library-based research method was employed, exploring various sources such as academic writings, newspaper articles, and court case reports to gain an in-depth understanding of the well-being issues faced by young couples from the perspective of Islamic family law. This approach aims to identify opportunities for enhancing the well-being of young couples through further research, legislative and policy development, or empowerment programs for young couples by relevant stakeholders.