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International Journal of Academic Research in Business and Social Sciences

Open Access Journal

ISSN: 2222-6990

The Representation of Maqasid Shariah by Sisters in Islam (SIS) from the Perspective of the Experts of Islamic Jurist

Nurul Qolbi binti Mohd Ngalim, Ahmad Irdha bin Mokhtar, Muhammad Adib bin Samsudin

http://dx.doi.org/10.6007/IJARBSS/v9-i2/5985

Open access

Sisters in Islam (SIS), an organization that fights for the rights of women and gender equality, has provided opinions that goes against the fatwa and criticizes the Islamic law in Malaysia concerning several issues such as caurah, the fatwa and Hudud. The reasoning used by SIS is that the Islamic law is not humane and does not represent gender equality. However, the nature of humane and gender equality based on Islam violates the Maqasid Shariah. All arguments stated revolves around the acceptance of maslahah and refuses mafsadah. At the same time, the Islamic authorities stated otherwise with the same reason of maslahah or Maqasid Shariah. Therefore, this research analyses the usage of Maqasid Shariah by SIS and evaluates dawabi? Maqasid Shariah of SIS from the perspective of experts of the Islamic jurist on the issues of Islamic law. The methodology used is case study through qualitative approach. The datas are collected from websites, books, newspapers and articles by SIS. Besides, the data gathered are analyzed descriptively from 15 informants and uses the Atlas.ti software for coding datas of the interview. The research finds that a misunderstanding on the concept of “Jalb al-Masalih wa Dar al-Mafasid”. SIS basically does not understand the maqasid of implementing the laws of Islam in Malaysia. The experts of Islamic jurist states that SIS’s understanding in the issues of caurah, the fatwa, Hudud, drafting of Shariah Law on Moral Issue, judges and apostate does not comply within the parameters (dawabi?) of Maqasid Shariah.