International Journal of Fiqh and Usul al-Fiqh Studies (IJFUS) http://journals.iium.edu.my/al-fiqh/index.php/al-fiqh <p><em>An International Journal of Fiqh and Usul al-Fiqh Studies</em> (IJFUS) is a peer-reviewed bilingual (Arabic and English) scholarly online&nbsp; journal, published biannually in June and December by the Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia.</p> <p>IJFUS publishes original research articles on various topics related to <em>Fiqh</em> and <em>Usul</em> <em>al-Fiqh</em>. It seeks to enrich the discussions on<em> Fiqh</em> and its <em>Usul</em> by serving as a platform for fresh perspectives and insightful analyses on a wide range of jurisprudential issues.</p> IIUM Press, International Islamic University Malaysia en-US International Journal of Fiqh and Usul al-Fiqh Studies (IJFUS) 2600-8408 FRONT PAGES http://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/76 Editor IJFUS ##submission.copyrightStatement## 2018-10-25 2018-10-25 2 2 1 6 The Rules of Worships (Ibadat) for Those Affected by Floods: A Juristic Analytical Study http://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/75 <p><em>This research addresses floods and how they affect the rules of worship (</em><em>Ibad</em><em>ah) such as cleansing of oneself (</em><em>T</em><em>ah</em><em>a</em><em>rah), prayer (</em><em>S</em><em>al</em><em>a</em><em>h), fasting (</em><em>S</em><em>awm), alms (Zak</em><em>a</em><em>h) and pilgrimage (</em><em>H</em><em>ajj). As much as the rules of Shariah relate to the acts of Mukallaf</em><em>i</em><em>n (who are legally competent to be responsible for religious duty), the effect of this kind of disaster reflects in the rules of victims’ actions, in terms of its obligation or not. The research confirms that floods are among the reasons that allow for the rule of reduction, ease and exemption from some parts of obligation in Islam (Rukh</em><em>s</em><em>ah), because the situation is inconvenient and unbearable for the victims due to the hardship and necessity. So, considering their state of necessity, the rules of Fiqh related to worship will be based on these maxims: “Prevention and Eradication of Harm” and “Consideration of Ease and Reduction of Burden”. The inductive methodology is applied in the research by generating and collecting data from the sources, as well as the analytical methodology by analyzing the views of Islamic jurists on the topic. One of the main findings of the research is that floods have some adverse effects, such as bringing harm and damage to the people, putting the victims in a situation of unrest due to hardship and difficulty. In fact, the victims may be in the state of necessity; if some lives are lost. The victims of this disaster are permitted to use rules of Rukh</em><em>Î</em><em>ah in their worships, provided that hardship and necessity occur, and so that the removing and eradicating hardship and difficulty are required. This verdict is based on Shariah evidences such as the rule of analogy (Qiy</em><em>a</em><em>s), means (Dhar</em><em>a</em><em>i</em><em>'</em><em>) and unrestricted interests (Mas</em><em>a</em><em>li</em><em>h</em><em> Mursalah).</em></p> <p><strong><em>Keywords: Worships, Floods, Harm, Disaster, Concession</em></strong></p> Mohd Izzuddin Bin Mohd Noor Mustafa Mat Jubri Shamsuddin ##submission.copyrightStatement## 2018-10-25 2018-10-25 2 2 7 22 Consuming Prohibited Substances in Sport Activities: A Legal and Shariah Perspective http://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/77 <p><em>An era of fair sports competitions ended. Hence, having distinctive genetic qualities that makes an athlete superior to the others is no more a requirement for success in competitions. In our time, everything is possible to produce, and the athlete is no exception, by enhancing the athlete’s level by prohibited substances or by Gene doping. WADA Code was a disciplinary legal tool to address this phenomenon, but the biggest problem it faced was to establish its rules according to the spirit of the Ethics' Code and its inconsistency with penal legislation. Another problem addressed by this research is doping acts are inconsistent with the Maq</em><em>as</em><em>id of Shariah. To accomplish this objective, two research approaches were employed: descriptive, and analytical. Important results are the lack of adequate legal tools to deal with the phenomenon. Also, confirming the inviolability of doping.</em></p> <p><strong><em>Keywords: Doping, Prohibited Substances, Anti-Doping Rules, Inviolability of Doping, Maqasid of Shariah</em></strong></p> Ahmad Saad Ahmad al-Dafrawi Mohamad Asmadi bin Abdullah Majdah Zawawi Zainudin bin Ismail ##submission.copyrightStatement## 2018-10-25 2018-10-25 2 2 23 37 Appraising the Legal Position of Parents Under The Qiṣāṣ Law: Immunity or A Waiver http://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/78 <p><em>Isl</em><em>a</em><em>m always enjoins the believer to be their brother’s keeper. They should protect, respect, and preserve the honor and integrity of their fellow human beings. The religion does not allow any harm to be inflicted upon any person without following the due process of the law. Islām considers the concept of rendering “justice for all” as a very significant element in its criminal justice system. Thus, the Islāmic law of crimes and torts (jināyāt) spares no expense and defines all the crimes and as well as their prescribed punishments. The law punishes offenders equally regardless of their biological status, sex, affiliation, or background. However, in some circumstances, the law mitigates punishments in favor of specific people without exonerating them in toto from liability. Mitigation of punishment in Islām therefore, cannot be seen as a grant of immunity since the main objective of the law is to maintain justice amongst all. In recent times, many people hide under the guise of the law in order to take advantage of their actions. Many cases of murder and grievous bodily injuries were alleged to have committed by persons whose responsibilities were to provide protection to their murdered or injured victims. Parents are known to be producers and protectors of their progeny, but quite number of them nowadays are alleged to have committed or aided or abetted the crimes of murder or infliction of bodily harm against their progeny. Hence, this fact cannot be detached from the misconception that is deeply involved in demarcating between “immunity” and “a waiver” under the law of Qiṣāṣ. It is based on this fact that the paper examines the position of parents vis-a-vis the law of Qiṣāṣ with a view to differentiate the concept of “waiver” from that of “immunity”.</em></p> <p><strong><em>Keywords: Islāmic Criminal Law, Law of Qiṣāṣ, Immunity of Parents, Waiver</em></strong></p> Mohd Afandi Awang Hamat ##submission.copyrightStatement## 2018-10-25 2018-10-25 2 2 38 54 Rules of Cohabitation in Islamic Jurisprudence A Comparative Study with Digo Customs in The Republic of Kenya http://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/79 <p><em>It is very common to find Digo community practice cohabitation marriage without involving guardian, witness and dowry payment. And the reason for this is that the processes for formal marriage are very complicated and expensive at the sometime. The local Muslims scholars have different opinions regarding this kind of marriage. Both qualitative and quantitative research methods were used to collect data on the investigated domains. The data collected via questionnaire were analysed using SPSS software. Observation method was implemented in order to minimize any shortcoming from mixed methods. The respondents involved were 150 including spouses, council of elders, preachers and imam. The main findings of this study is that paramour marriage is an act of adultery and un-Islamic since it does not fulfill pillar and conditions of Islamic marriage.</em></p> <p><strong><em>Keywords: Cohabitation, Islamic Jurisprudence, Customs, Digo Tribe, Kenya</em></strong></p> Manswab Mahsen Abdulrahman Hossam elDin ElSayfi ##submission.copyrightStatement## 2018-10-25 2018-10-25 2 2 55 68 Deserting the Wife Between Disciplining and Abuse: An Islamic Jurisprudential Study http://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/80 <p><em>This study deals with the topic of wife desertion, or the Islamic legal recourse of temporarily abandoning one’s wife as disciplinary action for an act of disobedience committed by the wife. The fuqaha (Muslim jurists) elucidated the methods of desertion such as refusing to sleep in the same bed as one’s wife, eschewing of sexual relations, refusing to communicate verbally or otherwise, while also pointing out the lawful duration. Moreover, the adoption of desertion as a means for harming the wife was addressed by the fuqaha as well, and the position of the fuqaha vis a vis the right of the wife to demand separation as a result of this reason through the courts of law, and the period that grants the wife this right, and also the type of separation resulting from the separation ordained by the judge in terms of considering it as a separation/dissolution (faskh) or divorce.</em></p> <p><strong><em>Keywords: Deserting, Disciplining, Abuse, Marriage, Divorce</em></strong></p> Orwah Ikrimah Sabri ##submission.copyrightStatement## 2018-10-25 2018-10-25 2 2 69 78