Journal of Shariah Law Research

OBJECTIVE SYSTEM IN ISLAMIC COMMERCIAL LAW: A CRITICAL EXAMINATION

2025-12-31T04:04:41+08:00

Trade has always been the face of human history and united the world of different traditions, including Western and Islamic law, leading to the development of commercial laws and associated systems. The subjective, objective, and mixed/modern systems have developed worldwide in Western and Western-influenced commercial law, whereby the class of merchants, the commercial transaction, and the mixture are the determining elements, respectively. On the other hand, the morals and ethics of the parties involved in a commercial transaction and the resulting common good are central to Islamic commercial law. Therefore, it is not sound to narrowly categorize Islamic commercial law into one of the three commercial law systems common in Western and Western-influenced commercial law. However, since Islamic commercial law applies to all parties involved in business transactions regardless of their status as merchants, it has similarities with the objective system of commercial law. Accordingly, this article undertakes a comparative analysis of Islamic commercial law and the objective system by assessing the latter’s applicability in commercial law and analyzing the main features of Islamic commercial law. The article concludes that while Islamic commercial law shares similarities with the objective system in that both focus primarily on the nature of the transaction rather than the identity of the parties, it has the unique characteristic of combining law and morality. Accordingly, this article undertakes a comparative analysis of Islamic commercial law and the objective system by assessing the latter’s applicability in commercial law and analyzing the main features of Islamic commercial law. Furthermore, considering the evolving nature of global trade, the study evaluates how these findings could inform modern legislative reforms and legal education in mixed jurisdictions. The article concludes that while Islamic commercial law shares similarities with the objective system in that both focus primarily on the nature of the transaction rather than the identity of the parties, it has the unique characteristic of combining law and morality. Consequently, this paper makes an important contribution to the existing literature by not only identifying the place of Islamic commercial law but also highlighting its potential role in addressing the ethical gaps in contemporary commercial law systems.

A SHARIAH-BASED EXAMINATION OF SELECTED JAIZ BANK PRODUCTS

2025-12-31T04:15:24+08:00

Jaiz Bank is a full-fledged Islamic bank licenced and operating in Nigeria. The bank is authorized to operate throughout the federation and offers a range of products in designing its savings, current, and other banking services. This research focused on examining the Shariah compliance of some of these products. In particular, it analysed the products adopted in designing the bank’s savings and current accounts. It also examined some Jaiz Bank products developed from murābahah-related contract, which have attracted criticisms from certain scholars and Islamic clerics in Nigeria. The compliance of some of these products with the principles of Shariah has generated debates and controversies as to whether the products designed from the traditional Islamic contracts truly align with the intention of the Law-Giver. It is often asserted that not all Islamic banks offer, genuinely, Islamic or Shariah-compliant product. Thus, this research became necessary to examine the Shariah compliance of some products offered by Jaiz Bank. Undoubtedly, there are several studies on Islamic finance, particularly on Islamic banking products. However, this research distinguishes itself from the existing studies focusing, specifically, on selected Jaiz Bank products and analysing their various several terms in the light of Shariah. The doctrinal method of research is adopted to examine the bank’s products. The terms and conditions of these products are analysed through the lens of Shariah. Upon the analysis, the research finds that the products used in designing the bank’s savings and current accounts substantially comply with shariah. It, however, observes that the terms of the savings account do not accommodate the two-tier mudārabah structure commonly practiced by Islamic banks. Meanwhile, the murābahah-related products adopted by the bank remain subjects of juristic disagreement. This research aligns with the juristic view that considers such murābahah-based products - as adopted by Islamic banks including Jaiz Bank – to be inconsistent with Shariah. Nevertheless, this research refrain from categorically declaring these products non-compliant, as in matters of ijtihād, no single opinion is deemed superior to another. Therefore, the study profers recommendations aimed at enhancing full compliance of the selected Jaiz Bank products.

ANALISIS AWAL TAHAP KESEDARAN PENGGUNA TERHADAP PEMBELIAN AYAM HALAL DI SELANGOR

2025-12-31T04:18:55+08:00

The halal chicken market has gained widespread acceptance among both Muslim and non-Muslim consumers, primarily due to factors such as cleanliness, food safety, and quality assurance. However, empirical studies focusing on Muslim consumers’ awareness of halal chicken purchases remain limited. Although legislative frameworks such as the Trade Descriptions Act 2011, the Consumer Protection Act 1999, and the Food Act 1983 provide a robust legal foundation to safeguard consumers and ensure the authenticity of halal chicken products, the level of consumer awareness in Selangor remains a critical determinant of the effectiveness of these laws in promoting compliance and strengthening the halal ecosystem in Malaysia. Therefore, this study aims to assess the level of awareness among Muslim consumers concerning halal chicken purchases in Selangor, recognized as a key focal point within Malaysia’s halal sector. Data were collected through a pilot questionnaire survey involving 31 respondents, and analysis was conducted using SPSS Version 20. The mean score results indicate that Muslim consumers in Selangor exhibit a good level of awareness when selecting halal chicken, with cleanliness and halal certification as primary considerations. Findings from this pilot study suggest a strong consumer consciousness that can support the broader development of a trustworthy and sustainable halal ecosystem.

PENGURUSAN KRISIS RUMAH TANGGA: KAJIAN DI BAHAGIAN UNIT RUNDINGCARA JABATAN AGAMA ISLAM WILAYAH PERSEKUTUAN KUALA LUMPUR

2025-12-31T04:34:27+08:00

Household crises are a significant issue in society. This paper focuses on the management of household crises implemented by the counselling unit at the Federal Territory Islamic Religious Department (JAWI). The high rate of household crises necessitates intervention, and the lack of understanding regarding the role of the counseling unit in addressing these issues is the primary motivation for this study. The aim of this paper is to identify the factors contributing to household crises, assess the role of JAWI’s counseling unit in resolving these crises, and evaluate the impact of counseling on resolving household issues. Data for the study were obtained from library research and interviews, and were then analysed using a thematic approach to identify emerging themes from the collected data. The paper finds that factors such as poor communication, financial problems, and third-party interference are often the causes of household crises. The role of JAWI’s counseling unit in providing counseling and mediation has proven effective in reducing tension and providing solutions. The paper concludes that systematic and comprehensive intervention by JAWI’s counseling unit is critical in managing household crises and suggests that these services should be expanded and further strengthened in the future.

INTEGRASI PERUNDANGAN ZAKAT UNTUK KETAHANAN IKLIM DAN PEMBANGUNAN MAMPAN DI MALAYSIA

2025-12-31T04:37:05+08:00

This research explores the integration of zakat into climate resilience strategies in Malaysia, aiming to address the dual challenges of environmental sustainability and socio-economic equity. Climate change poses significant threats to Malaysia such as water scarcity and extreme weather events which disproportionately affect vulnerable communities. This research finds that zakat, has significant untapped potential as a source of money for initiatives to mitigate and adapt to climate change. This research utilizes a library research approach to undertake content and descriptive evaluations of pertinent literature, policy papers and case studies. The results show that zakat can be successfully diverted to environmentally friendly initiatives like sustainable agriculture and water infrastructure which will increase community resilience to the effects of climate change. However, obstacles such as varied legal frameworks, poor public awareness and the necessity for strategic alignment with national objectives impede its complete potential. This research suggests making clear rules for managing zakat, including it in national climate plans and running public education programs to help more people understand how important zakat is for protecting the environment. This holistic approach can transform zakat into a dynamic instrument for achieving climate resilience and a just transition in Malaysia thus promoting both environmental stewardship and social justice.