Journal of Shariah Law Research

PROTECTION OF HUMAN LIFE: A COMPARATIVE ANALYSIS BETWEEN SHARIAH AND CONTEMPORARY LAWS

Ibrahim Yaro Gambo — 2025-06-29

In whichever religion, society, or civilization, protection of human life is of utmost priority. This is the reason that in Islam, human being has been created as the most honoured creature. Messengers were sent to guide human beings so that on the day of judgement they will not raise a defense that they were not guided. Despite of those guidelines, man rebelled, causing mischief, and blood shedding. Even though bloodshed is a problem against any civilization, the mainstream media has been targeting Islam as a religion attributed solely to bloodshed, while the Muslims embellish their religion as the protector of mankind. The purpose of this paper is to provide a comparative analysis on both sharia and contemporary laws as what are the legislative as well as enforcement mechanisms in place for the protection of human life. The finding of this paper provides that Shariah (Islam laws) has more provisions in protecting human life to compare to contemporary laws. Therefore, the paper uses comparative analyses between Islamic laws (Shariah) and legislations from Universal Declaration on Human Rights 1948, national laws (particularly Nigeria), and African Charter of Human and Peoples’ Rights.

ANALYSING THE POSITION OF THE LIBYAN INHERITANCE LAW ON PREVENTING WOMEN FROM THEIR INHERITANCE IN THE LIGHT OF SHARIAH

Tasneem Ali Ammar Altarhouni — 2025-06-29

This study aims to investigate the position of Libyan inheritance law on preventing women’s rights to inheritance in the light of Islamic Shariah. The problem addressed in this study is the misalignment between Libyan inheritance law, particularly Law No. 6 of 1959, and Islamic Shariah principles, which negatively impact women’s inheritance rights. The study highlights the importance of addressing systemic obstacles and societal misconceptions regarding women’s inheritance rights. Doing so aims to pave the way for a more equitable distribution of inheritance. It employs a library-based research methodology and uses content analysis to examine and interpret relevant data. The results reveal that Islamic Shariah provides a transparent and equitable system for distributing property and assets of the deceased, ensuring women’s rights are safeguarded through predefined formulas. Despite this, the findings indicate that misconceptions and cultural practices often overshadow these principles. Although Libyan Law No. 6 of 1959 offers some protection to women, gaps still require urgent legislative reforms. Based on these findings, the study strongly recommends modernising and clarifying existing laws to better align with Islamic principles and effectively protect women’s inheritance rights in Libya, emphasizing the urgent need for these reforms.

EXAMINING THE VALIDITY OF GENETIC FINGERPRINTS IN LINEAGE DETERMINATION UNDER ISLAMIC SHARIAH AND MALAYSIAN LAW

Saeed Almazrouei — 2025-06-29

Genetic fingerprinting is a method that has gained a lot of scientific advancement in determining lineage, though its acceptance varies in legal and religious contexts. Most jurisdictions accept DNA evidence for use in paternity disputes; however, the debate remains whether it has a place under Islamic jurisprudence. Particular scholars admit genetic fingerprinting as corroborative evidence, especially in disputed parentage, unknown ancestry, and marriage validity, but under Shariah and Malaysian law, it will be conditional upon following established legal doctrines of ethics. This study examines the relation of genetic fingerprinting to Islamic principles and Malaysian law, highlighting its evidentiary role, limitations, and possible ethical concerns. In contrast, the research thus highlights how evolving DNA evidence functions toward lineage determination, especially from religious, legal, and scientific perspectives, giving implications for both Islamic and contemporary legal systems. Genetic fingerprinting has been adopted scientifically advanced methodology to confirm the pedigree or lineage from various legal and religious facets. It is also acceptable to most jurisdictions in the use of DNA evidence in paternity disputes but remains to be accepted under Islamic jurisprudence. Some scholars approve genetic fingerprinting as a corroborative proof, especially in cases of doubtful parentage, unknown ancestry, or relating to marriage validity. However, its application is still dependent on the conformity to the established doctrine of law and the ethical considerations set forth, both within Sharia and Malaysian legal frameworks. This study will delve into the interfacing of genetic fingerprinting with Islamic legal principles and Malaysian law to examine its potential as evidence, as well as any limitations it may have alongside ethical issues that may arise. Thus, the research highlights the evolutionary functions of DNA evidence towards lineage determination from religious, legal, and scientific perspectives, giving implications on both Islamic and contemporary legal systems.

PENENTUAN BEBAN PEMBUKTIAN DALAM PENGHAKIMAN KES FASAKH: APLIKASI MENGIKUT UNDANG-UNDANG ISLAM

Ilham Mustapa — 2025-06-29

This article examines the concept and application of the burden of proof in fasakh cases based on Islamic fiqh and Shariah law in Malaysia. This study employs a qualitative approach by analyzing classical fiqh texts, legal provisions, and Shariah court judgments to assess how the burden of proof is applied in fasakh cases. Findings indicate that the burden of proof does not always rest with the plaintiff; in certain circumstances, the defendant bears this burden when asserting facts that contradict the original state (al-aṣl), apparent facts (al-ẓāhir), or customary practices (al-‘ādah). However, inconsistencies between fiqh principles and Shariah court practices have led to judicial discrepancies, procedural delays, and an unjust burden of proof placed on claimants, particularly in fasakh cases based on financial maintenance claims or allegations of domestic abuse. This study highlights the importance of clearer understanding among Shariah judges and lawyers, as well as the need for standardized guidelines to align judicial practices with Islamic legal principles and enhance fairness in fasakh proceedings. Additionally, this study recommends that Shariah judges and lawyers undergo regular training on the application of the burden of proof and procedural standardization to ensure more effective justice in fasakh cases.

PERBEZAAN PERUNTUKAN KESALAHAN KHALWAT DAN PERSEDIAAN PERSETUBUHAN LUAR NIKAH: KAJIAN TERHADAP PERUNTUKAN ENAKMEN JENAYAH SYARIAH (SELANGOR) 1995

Siti Aisyah Samudin — 2025-06-29

Shariah Criminal Offences (Selangor) Enactment 1995 includes provisions for the preparation for illicit sexual intercourse under Section 26 and provisions for the offense of khalwat under Section 29. Offenses convicted under these provisions will first be examined for elements, characteristics, situations, and conditions during the enforcement stage before proceeding to prosecution. The existence of these provisions is to address actions contrary to Shariah, such as zina (adultery) and free mixing. Among the issues prompting the importance of this study is the increasing number of cases of khalwat and preparation for illicit sexual intercourse, as well as the public perception that these are only minor offenses. The confusion regarding the elements, enforcement, and prosecution of Section 26 and Section 29 necessitates a study to unravel the detailed differences between the two. The existence of terms combining both provisions as one in other states raises the question of whether they are actually the same offense. This study is conducted with the objective of examining the legal provisions for the offenses of khalwat and preparation for illicit sexual intercourse under the Shariah Criminal Offences (Selangor) Enactment 1995, scrutinizing the enforcement and prosecution procedures for both, and analyzing related cases. This study is conducted through literature review, semi-structured interviews with authoritative parties, and content analysis, specifically analyzing related cases. From the results of the study, the researcher found that these two provisions indeed have differences, such as in terms of elements. Section 26 emphasizes any act that indicates preparation for premarital intercourse, while Section 29 does not focus on the act itself, as the element of circumstances that raise suspicion of immoral conduct is sufficient to convict for the offense of khalwat.