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Search Results: 1 - 10 of 20734 matches for " Abdul Basir Bin Mohamad "
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Liability for Injury Resulting from a Premise: A Study on Who Will Be Liable for it in Islamic Law of Tort, Lebanon Civil Code and Sudan Transaction Civil Code
Abdul Basir Bin Mohamad
The Social Sciences , 2013, DOI: 10.3923/sscience.2012.753.756
Abstract: Tort wrongs can exist either through the acts of human beings or inanimate beings including premises. If an injury or death has occurred resulting from a building or premise, its owner or possessor should be identified. Who is actually liable in such a case, its real owner only or including its possessor? This is the aim of this study that is to recognize the party, whom should be put the burden of liability for injury caused by the premises. Islamic law primarily takes care of this matter and it can be seen that all Muslim jurists of Sunni schools discussing it in their study. Likewise, it has been codified into Lebanon and Sudan civil codes. Islam gives permission that every person can own and possess houses and buildings; however, he is required to maintain and look after them properly so that his houses and buildings not causing any risk to others. This study is written through arm-chaired research. As a result, after recognizing who should be liable for this case, the claim of compensation should easily be made and optimistically peace and harmony will establish in the society.
Interest in Land and Right of Occupation in Western Tort Law on Private Nuisance: An Islamic Tort Law Perspective
Abdul Basir Bin Mohamad
International Business Management , 2012, DOI: 10.3923/ibm.2011.357.365
Abstract: In private nuisance, the central idea is that of interference with the enjoyment of the Plaintiff s land generally speaking by the defendant s causing some sort of deleterious invasion of it for example by noise, smell, smoke, fumes, gas, vibration, water or chattels. Wrongful interference with the exercise of an easement, profit or other similar right affecting the use and enjoyment of land also come within the rubric of private nuisance. The Plaintiff who is entitled to sue in this case must prove that he/she has interest in land involved and also has a right of occupation. The basis of the law of nuisance is the legal maxim; sic utere tuo ut alienum non laedas which means a man must not make such use of his property as unreasonably and unnecessarily to cause inconvenience to his neighbor. The main aim of this research is to explore in Islamic law the foundation and basis for legal action in private nuisance, especially in cases relating to immoveable property. Is the foundation in the Islamic law concurrent with the Western law? This study is written through arm-chaired research. As an outcome of this study, it could be perceived that the foundation of legal action in private nuisance based on interest in land and right of occupation is not entirely alien in the Islamic law of tort.
Method of Evaluation in Respect of Negative and Positive in Issues of Modern Biotechnology: An Islamic Perspective
Abdul Basir Bin Mohamad,Anwar Fakhri Bin Omar,Siti Fairuz Binti Sujak
Research Journal of Applied Sciences , 2012, DOI: 10.3923/rjasci.2012.84.91
Abstract: The development of modern biotechnology of plants through genetic engineering techniques is a method to improve the quality of crops in terms of quality and quantity. However, the debate among scientists and Islamic scholars in regarding with benefits and risks of injury and the limits allowed by the religion may hinder the development of modern plant biotechnology in Malaysia and also in other countries. The objective of this study is to examine methods of assessment of negative and positive in relation to issues of modern biotechnology. It is important to understand that everything that existed on this earth whether it occurs naturally or is present through the efforts of research and human expertise, all have advantages and disadvantages. In Islamic law if a result of biotechnology is clear and bright can be categorized as illegal then it becomes forbidden and vice versa. But however there are many results that are processed through biotechnology are unclearly able to decide easily whether they are lawful or unlawful for consumption by consumers. As such, it s status of legal judgment cannot be decided until requiring to look into the result of biotechnology whether it is heavier towards good or evil. So, this study is a study in general to provide input related to the method of assessment of any matter over which is better or worse because each item is not out of the two main effects, i.e., positive or negative effects.
The Use of Transglutaminase Enzymes in Food: Is there Any Issue of Lawful and Unlawful in Islam?
Abdul Basir bin Mohamad,Mohamad Yusof Maskat,Ma`aruf Abd Ghani,Anwar Fakhri bin Omar,Mohd Izhar Ariff bin Mohd Kashim
Research Journal of Biological Sciences , 2012, DOI: 10.3923/rjbsci.2011.512.517
Abstract: In many years ago, consumers in Malaysia do not recognize the term of enzyme. However, the fact that today most consumers have known the term even though in general. Indirectly, it shows the spread out of the use of enzymes in food production in Malaysia. Enzyme is a kind of material which is consisting of protein and it is available in all living systems. Even living systems are in need of the enzyme function. It serves as a catalyst for reactions that occur in living systems. Catalyzing a reaction means the reaction can not occur or occurs at a slower rate in the absence of the enzyme. With the enzyme, the reaction can occur at a rate as required and finally produce a product that may be useful for the Muslim community. The finding of this study shows the importance of enzymes in the production of food products, medicine and so on. But however, the Muslim scholars decided that the enzyme must be derived from lawful sources if not any product containing it would be unlawful to be consumed. The importance of this study is very relevant to Muslim community because it will help to solve the problem of food products, medicine and the like in relating to legal decision.
The Use of Transglutaminase Enzymes in Food: Is There Any Issue of Lawful and Unlawful in Islam?
Abdul Basir Bin Mohamad,Mohamad Yusof Maskat,Ma`Aruf Abd Ghani,Anwar Fakhri Bin Omar,Mohd Izhar Ariff Bin Mohd Kashim
Research Journal of Applied Sciences , 2012, DOI: 10.3923/rjasci.2012.48.53
Abstract: In many years ago, consumers in Malaysia do not recognize the term of enzyme. However, the fact that today most consumers have known the term even though in general. Indirectly, it shows the spread out of the use of enzymes in food production in Malaysia. Enzyme is a kind of material which is consisting of protein and it is available in all living systems. Even living systems are in need of the enzyme function. It serves as a catalyst for reactions that occur in living systems. Catalyzing a reaction means the reaction can not occur or occurs at a slower rate in the absence of the enzyme. With the enzyme, the reaction can occur at a rate as required and finally produce a product that may be useful for the Muslim community. The finding of this study shows the importance of enzymes in the production of food products, medicine and so on. But however, the Muslim scholars decided that the enzyme must be derived from lawful sources if not, any product containing it would be unlawful to be consumed. The importance of this study is very relevant to Muslim community because it will help to solve the problem of food products, medicine and the like in relating to legal decision.
Changing in the Aspect of Nature and Name (Istihalah): Its Point of View in the Islamic Law
Abdul Basir Bin Mohamad,Nik Marzuki Bin Sidik,Anwar Fakhri Bin Omar,Mohd Izhar Ariff Bin Mohd Kashim,Amir Husin Mohd Nor
Research Journal of Applied Sciences , 2012, DOI: 10.3923/rjasci.2012.113.118
Abstract: Determination of legal rulings in Islam on food that has been modified DNA is very difficult. This is because the Muslim jurists themselves have different opinions in their legal decisions to determine the foods that have been modified DNA by modern processes or well-known as istihalah in Islamic legal system. Therefore, it seems that the Muslim contemporary jurists always do an effort to solve the problem of food based on evidence taken from the Quran and the Traditions of the Prophet. Thus, the objective of this study is to identify the istihalah process that is of a major importance factor in transforming DNA of food, changing the unclean substance to the new products that benefit consumers. In addition, this study also seeks to examine all views of Muslim jurists in determining the legal ruling of istihalah. In addition, the study also provides a mechanism for the determination of the legal ruling in Islamic law, especially in the case of istihalah that produces a good product for publics. This study uses qualitative methods through instruments of data collection and content analysis based on comparative method. The findings of this study indicate that all products will be evaluated based on the final products. If the final product does not have any unclean substance, the law permits to consume it. Otherwise, it is unlawful.
The Influences of Halal Integrity on Product Adaptation Strategy for Global Trade
Abdul Basir Mohamad,Hazlinda Hassan
International Business Management , 2012, DOI: 10.3923/ibm.2011.421.426
Abstract: The integrity of halal product is highly demanded by Muslim consumers worldwide. As there is no unified understanding on the halal concept that meets universal standard, some countries may place different concern on the level of halal integrity. Markets with high sensitivity on halal issues might demand high level of halal integrity to be integrated in the product. This scenario might force the exporting firms to adapt its marketing strategy so as to meet their expectation of halal qualities and also to secure its halalness from any potential risk of cross-contaminations. Based on pilot survey with 51 halal exporters, the study found that there is a significance influence of halal integrity on product adaptation strategy. However, there is no significance difference on mean scores for halal integrity and product adaptation strategy among product categories and market segments. The findings have given some thoughts on the development of export marketing strategy in the context of halal industry.
Cybersquatting of Domain Names in Civil Law with Special Reference to Morale Right in the Islamic Perspective
Zinatul A. Zainol,Abdul Basir Mohamad
The Social Sciences , 2013, DOI: 10.3923/sscience.2012.200.208
Abstract: Each person or a corporation, all of them have their specific rights in some cases which is called domain name that must be preserved as possible by all parties and at the same time, it can not be invaded by any party. If referring to a person, it means that his or her dignity can not be violated because it can result in him experiencing shame. Whereas, in the case of a corporation or business entity that is already well-known all over the world in the field of business or services, their domain names are likely violated by certain parties in the context of getting some benefit or making a lot of profit because of their domain names have been trusted by the public. It is so easy to do so now through the electronic system, the internet. With the internet, anyone can use the domain names of certain companies or corporations to get his or her own personal interests. Thereby, this study examines the cybersquatting of domain names in current laws and then analyzes the same aspects in Islamic law which is related to morale right.
British Responses Towards Iran after Approving the Nationalization of Oil in 1951
Mansoureh Ebrahimi,Kamaruzaman Yusof,Abdul Basir Mohamad
International Business Management , 2012, DOI: 10.3923/ibm.2012.277.285
Abstract: The present study investigates the British responses after the nationalization of the Iranian oil industry. In fact, the nationalization of oil is a turning point in the study of contemporary history of Iran in that it determines its future incidents in the overt aspect the 1953 coup that terminated to collapse Prime Minister Dr. Mosaddeq from power. The British government stated the protesting reactions after the nationalization of oil. The present study investigates three main targets. In the first place, it attempts to study the British policy to put apparent calm negotiations in place by the mediation of Americans. Secondly, it elucidates that the British took another two different reactions; moreover, violence military threat as well as legal action, making a complaint against Iran to the International Court of the Justice in The Hague and to The United Nations. Thirdly, it intends to illuminate the policy of the British as the hidden agenda was to send some agents for spying inside Iran that it paved the way for further measures taken by the British, particularly to change Dr. Mosaddeq s government. Qualitative approach has been applied to examine how the British policy has affected the history of Iran. The main resource used in this study is given to the documents from archival research and several magazines as well as books. The resultant study manifests that the British not only planned to control the oil cartel circumstances in the world and to boycott Iran s oil via consultation with and through Americans but also they were the original source and effective factor in changing the domestic and foreign policies of Iran during 1953 coup.
The Relationship Between Islamic Human Rights and the Maqasidic Approach
Hayatullah Laluddin,Amir Husin Mohd. Nor,Abdel Wadoud Moustafa Moursi El-Seoudi,Ibnor Azli Ibrahim,Ahmad Muhammad Husni,Anwar Fakhri Omar,Muhammad Adib Samsudin,Muhammad Nazir Alias,Abdul Basir Bin Mohamad
The Social Sciences , 2013, DOI: 10.3923/sscience.2012.111.116
Abstract: Undeniably, the Universal Declaration of Human Rights Charter adopted by the United Nation in December, 1948 is a great step forward in the history of United Nation in respect of human rights issue. However, the rights enumerated therein characterized by deficiencies in conceptualization, flaws in formulation and injustices in application. Being subject to political agendas, economic pressure and culturally biased view points, they often serve the interests of certain organizations and powerful special interest groups. As such they, carry the residues of colonialism and imperialism. Thus, it could be said that this is a clear plan from the ongoing suppression and atrocities inflicted on poor and weak nations without any effective measures being taken by these organizations for their defense and protection. Double standard is applied when it comes to the violation of human rights. Weak states are vigorously pursued and hunted whereas powerful countries are blatantly exempted from prosecution. Islam as a divine and universal guidance lies a comprehensive framework of values that embodies universal human rights which is free of bias and deals with the abusers of the human rights equally regardless their races, religions and also color factors hence provides a universal criterion for human rights. Therefore, this study attempts to analyze the issue of human rights from an Islamic perspective in the light of the maqasidic (higher purposes) of shariah and delineates the mechanism for protection of human rights. Using both descriptive and analytical methods, the research concludes that Islam provides a comprehensive and practical mechanism for protection of human rights which are appropriate for all nations and human beings.
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