A premarital course is a two-day course which is made compulsory to Muslims in Malaysia. This study attempts to examine significant weaknesses in the governance of such pre-marital course. Qualitative method is used in which the legal and administrative aspects are studied and analysed to investigate the loopholes of the existing system. This research also employed a semi structured interviews conducted on several respondents from the related institutions. Findings of this research show some significant weaknesses in the present governance of premarital course and propose important recommendations for the betterment of Muslim families in Malaysia. The findings provide on how the legal and administrative mechanism relating to premarital course can be improved and subsequently aid the relevant authorities or institutions involved in policy making pertaining to family matters and its implementation.
Muslim families traditionally maintain the conservative role of mothers being at home to manage family matters including bringing up children and juggling up with house-chores. Nevertheless, it is now becoming phenomenon in Malaysia where wives work to assist their husbands financially. The main aim is to ease the financial burden of the family as the present cost of living is increasing and financially demanding. This phenomenon however, may affect the family well-being as the time spent by the wives at home is limited hence disturbing the normal routine of managing the household chores, educating the children and taking care of them. The children might be somewhat neglected while the household chores might be out of control. In fact, there were also cases where financially independent working wives resulted in the husband being negligent in spending for the family needs, causing the wives to take care of almost all of the expenses of the household. This has led to many cases of marital problem. Hence, this study aims to examine the well-being of families where the wives are mostly working. There are several dimensions of maintaining family well-being such as the income and spending aspects of working spouses, time spent with family, conflicts encountered, health of family members and balance of savings at month end. This study only focused on the income and spending aspects of working spouses. The study adopts quantitative method through survey. Finding of the study implied that sharing of income by the wives would contribute to the sustainability and happiness of a marriage. This study is expected to add to the new frontier of knowledge in understanding the importance of income sharing between working husband and wife including the challenges they might encounter.
This study discusses the methodology used by the fuqaha’ from various schools in studying al-rahn issues. In this methodology, research focuses on the comparisons of ideas and views that are often used in the analysis of diverse and graded data. The comparison between these data should start with the selection of fiqh books that are relevant to the objectives of the study to be done. The selection of books should be justified to reinforce the methodology used throughout the study. This study focuses on six fiqh books that are valid and elaborating the justification for the selection of the six books based on the power of the book’s authority in their respective sects as well as the extent of their methodological suitability in meeting the objectives of the study. This study found that the fuqaha’ presented a critical analysis by considering the views of different jurists of sectarian flow. Preferential views do not necessarily come from the same school, but other views of the school will be referenced as appropriate to their methodology. As a result, the fuqaha’ can analyse the information from different sources apart from the view of their own sect. It can therefore be concluded that the writing of these six selected books contributed greatly in influencing the determination of a fiqh law especially in the al-rahn issue because the legal analysis was still relevant for today’s use.
The issue of wadi'ah and ujrah has long been discussed by scholars in the past by dividing them into two different types of contracts, namely mu'awadat and tabarru'at. They agreed that these two contracts have different characteristics, where mu'awadat is to generate profit while tabarru'at is a purely charitable contract. Thus, this article aimed to review why this combination is a non-shari'ah compliant and therefore, a replacement with another shari'ah structure becomes an essential. This study uses qualitative approach where interviews and content analysis are conducted and several books of fiqh from the four schools of thought are examined. The frequency of words by using some identified terms such as wadi'ah, rahn, ujrah, mu'awadat and tabarru'at are determined and coded to form the tendency of fiqh views whether it support the objective or against it. The study shows that modern scholars have a tendency of shared similar views and they found these two covenants (wadiʿah and ujrah) have been mixed in the same product namely ar-rahnu and this has raised the issue of shariah. They argued the safekeeping of collateral is applied based on the principle of wadiʿah where they impose a fee for the service that is rendered. This kind of fee is charged under the principle of ujrah. However, this connection gives rise to the indirect implications of bayʿ wa salaf and qard jarra manfaʿah, that are prohibited in shariʿah. Therefore, the tawarruq is so much better option to replace the wadiah-ujrah principles.
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