ISLAMIC STUDIES (MPW 2143)

SEMESTER SEPTEMBER 2013

RESEARCH ASSIGNMENT
TITLE:

Implementation of Sharia Law: UTP Students Understanding and Perception

LECTURER: USTAZ M. PISOL MAT ISA

GROUP MEMBERS:
No. 1 2 3 4 5 Ahmad Haziq Bin Azmi Nik Muhammad Aqil Bin Rosilan Muhammad Shafiq Bin Nasaruddin Muhammad Mifdhal Hussain bin Amjath Hussain Muhammad Faiz bin Mohd Shariff Name Student ID 18338 18428 18081 18426 18385 Program Petroleum Engineering Petroleum Engineering Petroleum Engineering Petroleum Engineering Petroleum Engineering

DATE RECEIVED: __________________________

CONTENTS

1.0 INTRODUCTION.1 2.0 LITERATURE RIVIEW. 2-6 3.0 METHODOLOGY7 4.0 RESULT 8-11 5.0 DISCUSSION. 12-14 6.0 CONCLUSION15 APPENDIX...................... 16-20 REFERENCES. 21-22

1.0 INTRODUCTION

Sharia is always be defined as "islamic law" thus people tend to misunderstand it as same with the other conventional law. However Sharia is more than the other man-made law. Sharia is not only covers about crime and punishment, which most people misunderstood it with, but it also covers the other 7 branches of Sharia such as dress code, hygiene and purification, and marriage jurisprudence. In other words, Sharia is actually a way of life or guideline for a living as the word Sharia means a path to an uninterrupted water source. Sharia law is a form of mercy from Allah to his creation man-kind as it brings justice and promotes a good living among men. Allah s.w.t declares in the Quran in surah Yunus verse 57: O mankind! There hath come to y ou a direction from your Lord and a healing for the (diseases) in your hearts, and for those who believe, a guidance and a Mercy. Also, Sharia facilitates the individual and the community to establish a relationship with god and one another and its rules and regulations are designed to benefit and protect all members of the society (Hussain, 1998). It is a law that protects the basic human necessities which are faith, life, progeny, property, and intellect. These basic necessities, also called human rights, need to be protected in order to maintain harmony in the society, therefore, Sharia protects these necessity of all members of the society regardless the religion, race, colour as well as ethnicity. This protection under Syariah ensure freedom of religion, affirm the sanctity of life, validate the importance of family, guarantee the security of assets, and uphold the power of reasoning. This study presented a survey of students perception and understanding of the implementation of Sharia Law. The objectives of this study are: 1. To determine the students perceptions regarding the implementation of Sharia Law especially in Malaysia. To open their rigid thinking of Sharia Law and give clear understanding towards the implementation of Sharia Law.

2.

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

2.0 LITERATURE REVIEW

The understanding towards the Sharia Law and its importance to be implemented seems to be decreasing among the Muslims around the world. With the secular education practiced around the world even in Islamic countries, the Muslims and non-Muslims were taught that the Sharia law is not suitable to be implemented during this era of modern and technology. The enemy of Islam did not give up their hope in preventing the people around the world to have a clear understanding towards the Sharia law. In this recent time, when people talk about implementing Sharia law, others people starts to think of the negative side of implementing it because they do not have clear understanding about the beauty of Sharia (Aisha, 2009). Without clear understanding, people judge Sharia law as a discriminate and violent law that would not give any good news to them. Sharia law covers all the aspect of human life. It consists of more than 8 sub-divisions such as hygienic and purification law, economics law, theological obligations, marital jurisprudence, criminal jurisprudence, military jurisprudence, dress code and other topics include customs and behaviour, slavery and the status of non-Muslims (Nehemiah, 2013). Military is one of the elements that completes Islam as a religion that covers all aspect of human life. Revelations regarding the permission to fight or participated in war was stated clearly and specifically in several places in the holy Quran. To those against whom war is made, permission is given (to fight), because they are wronged, and verily, Allah is Most Powerful for their aid. (Al-Hajj :39). According to Joel (2010), the references to defending the faithful from harm in surah Al-Hajj Ayah 38, to those on the receiving end of violence in Ayah 39 and those who have been driven from their homes in Ayah 40 reveal very clearly that Allahs permission to undertake armed combat was not for offensive war, but self-defence and self-preservation when attacked or oppressed. In defending the religion, the Muslims should also follow the rule including not to kill or harm the noncombatant and destroy the lands, and always mind not to exceed the limit allowed (Rizvi, n.d.). Interestingly, it even extols the defence of houses of worship, including the churches of Christians and the synagogues of Jews. Indeed, most of the verses which urge struggle (jihad) against enemies relate to the self-defensive wars mentioned, with the remaining verses relating to the broader need to protect the ummah from both the local spiritual pollution of idolatry as well as the external threat to unsafe borders around the perimeter of the ummah. However no verses in the Quran encourage or permit violence against innocent people, regardless of faith, and no verses encourage or permit war against other nations or states that are not attacking the Islamic ummah. Muhammad accepted that combat for the defence of Islam and Islamic interests would sometimes be unavoidable, but always he told to his followers not to look forward to combat, but if it were to come upon them then they should pray for safety and be patient (Joel, 2010).

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

One of the controversial parts of the Sharia law that has been questioned by the westerners is the criminal jurisprudence. Sharia law is one of the solution to ensure the faith of the guilty and the innocent. Most of peoples will assume that sharia law was the extreme punishment in all laws. But, before someone need to be sentenced, the will be many procedure that we should considered. There were many branch of laws in sharia such as Hudud , Tazir, Qisas, and Diyya. The term "Shari'ah" is rooted from the word "Shara 'a' mentioned several times in the Quran as the Word of Allah, And We created you in on a Shari'ah (rules and laws) of business (religious), then follow syari'at and do not follow the desires of those who do not know. (Al-Jaatsiah :18). For every nation of you, We (Allah) gave him the rules and laws as well as a complete way of life. (Al-Ma'ida : 48). The word "hudud" is a word more than "limit". The purpose and wisdom in implementing hudud Islam, as contained in the above sense, is for the good of mankind to survive the punishment of the world and a very important survivor of torture in the hereafter. In the jurists gave this as the definition of hudud; penalty prescribed punishment must be carried out to fulfill the rights of Allah. Besides, In the Quran Allah s.w.t. saying "Qisas" is the sentence which says: "O those who believe it was prescribed for you Qisas for those who kill. (Al-Baqarah :178). Thus this is the suitable answer to counter the perception that sharia law is extreme, because Allah S.W.T provide Qisas in order to save life. On the other hand , ta'zir in the Quran Allah says which means: "And you help them, and lend to Allah a beautiful loan. Indeed, I (God) will cover your sins and I will admit you to Gardens under which rivers run. (Al-Ma'ida :12). From the verses in the Quran, ta'zir in this relationship seems to make Islamic law is included in the law from the government and civil society in helping to prevent criminals from committing sins. Muslims throughout the world have extremely high standards of personal hygiene, because Islam places great emphasis on both physical and spiritual, cleanliness and purification. Muslims are required to take care of their personal hygiene by assuring that they are well groomed, and that their bodies, clothing, and surroundings are clean. Prophet Muhammad, may the mercy and blessings of God be upon him, informed his companions and thus all of us, about the importance of cleanliness when he said, cleanliness is half of faith.(sahih Muslim) and as stated in the Quran Truly, God loves those who turn unto Him in repentance and loves those who purify themselves. (Al-Baqarah: 222). Personal hygiene is desirable at all times but certain aspects of personal hygiene are not only important but also compulsory. According to scholars, cleanliness consists of three kinds, purification, or ritual washing in order to perform prayer; keeping the body, clothing, and environment clean; and specifically removing the dirt or grime that collects in the various parts of the body, such as teeth, nostrils, under the nails, in the armpits and around the pubic area (Aisha, 2009).

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

Generally, there are many theological obligations that all of them are included and considered in the sharia law. Every obligation which opposed the way it should be done according to the sharia will not be accepted and worst it could also be a sin. One of the main obligations of Muslims is to do Solah or prayer. Solah is the formal worship in Islam and one of the five fundamental requirements that a Muslim is obligated to perform. Solah is given the highest priority in the Holy Quran (Gazette, 1993). There are many benefits of Solah described in the Book of Allah The Messenger of Allah (peace be upon him and his progeny) said: The first thing that Allah made obligatory upon my Ummah was the five prayers; and the first thing from their acts of worship that shall be taken up will be the five prayers; and the first thing that they will be questioned about will be the five prayers (Kanzul `Ummal, Volume 7, Tradition 18859). Meanwhile, fasting is another unique moral and spiritual characteristic of Islam. Literally defined, fasting means to abstain "completely" from foods, drinks, intimate intercourse and smoking, before the break of the dawn till sunset, during the entire month of Ramadan, the ninth month of the Islamic year (El-Ashi, n.d). Fasting in the month of Ramadan is obligatory upon every adult Muslim, male or female, who has reached puberty, is sane and who is not sick or traveling (Islami City, 2001). In Quran, Allah (swt) has said, O ye who believe! Fasting is prescribed to you as it was prescribed to those before you, that ye may (learn) taqwa (self-restraint) (Al-Baqarah :183). There are many others compulsory and congregational obligations that a Muslim should practice in their life with the guidance of sharia law. Economic law of Islam is very important for Muslims economic development. It has also been explained in the Quran, "so that this (wealth) may not circulate solely among the rich from among you" (Al-Hasyr: 7). Economic law including Zakat, Riba, Sales and Takaful. Riba is the Arabic verb of raba, meaning to increase. There are two main types of riba recognized by all scholars the first type is called riba al-nasia and riba al-fadl. The first mention of riba in the Quran was in Makka, and it discouraged collection thereof, without explicitly prohibiting it: That which you lend to increase in the property of others will not increase with God; but that which you give out in charity, seeking Gods pleasure, it will surely multiply (Ar-Rum: 39). However, there was one scenario who are not themselves devout Muslims, operationally respect Muslims religious observance and devise financial solutions that avoid various prohibitions according to juristic opinion (Mahmoud, 2006). Besides that, the objective of zakat is to cures the lust for wealth, infuses the feat Allah in mans heart and makes one amenable to good deeds. Holy Quran says: And away from it (Hell) shall be kept the most pious one, who gives away his wealth in order to purify him. It is obligatory of every adult free Muslim man and woman There are varies types of zakat such as animals, minerals, womans Mehr, business goods, company, silver and gold. According to Imam Abu Hanafi it is not obligatory on wealth and the insane person, since it is an act of worship the intention is a must, somehow oppose Imam Malik, Shafie and Ahmad B. Hanbal says that it has to be paid by the guardian (Hussain, 1998).

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

According to Rizvi (n.d.) one thing that differentiates between Islam and the other religion is the dress code and aurah and it is included as one of the sub-divisions under the Sharia law. All the Muslims are ordered to take care of their dignity and cover their aurah all the time for good reasons. A Muslimah has to cover all of their body except for their face and palm as it would prevent them from being disturbed and she would be respected by others. Prophet, tell your wives, daugthers and the wives of the believers to cover their bosoms and breasts. This will make them distinguishable from others and protect them from being annoyed. God is All-forgiving and All-merciful (Al-Ahzab :59). It is also forbidden for them to wear thin, translucent or tight clothes that could show their body or even their body shape. Meanwhile, for a male Muslim, they should aware of their aurah between the upper part of their umbilical and lower part of their knees. Both male and female Muslim should also aware of their aurah between the non-muhrim and muhrim as it appears that some people still does not understand its simple concept. One of the main objectives that Allah s.w.t order the Muslim to cover their aurah was to preserve their dignity and to prevent from adultery. Allah also mentioned in the Quran to stay away from zina from the verse Do not even approach adultery. It is indecent and an evil act (Al -Isra:32). Therefore, the order of covering the aurah all the time was for the good of Muslims and not to burden them. The Shariah law also being implemented in animal slaughtering applied by Islamic people who do the slaughter. According to Ibn Adam (n.d), the slaughtering of animals in Islam should follow a certain rules and regulations in order to ensure the consumption of the meat slaughtered will be beneficial to human body especially for the Muslim personal relations with Allah The Almighty. In Islam, halal is an Arabic term meaning 'lawful, permissible' and not only encompasses food and drink, but all matters of daily life. When it comes to halal food, most people think of meat products only. However, Muslims must ensure that all foods, particularly processed foods, pharmaceuticals and non-food items such as cosmetics are also halal. Halal certification tells Muslims that the ingredients and production methods of a product have been tested and declared permissible by a certification body. In Islam, consumption of any intoxicants (specifically, alcoholic beverages) is generally forbidden in the Qur'an through several separate verses revealed at different times over a period of years. It was forbidden for Muslims to attend prayers while intoxicated. In Surah Al-Baqarah, it was explained that even though intoxicants (alcohol) has its own benefit to the man kind, but the implications of consuming it bigger than its benefit. This was the next step in turning people away from consumption of it. Finally, "intoxicants and games of chance" were called "abominations of Satan's handiwork," intended to turn people away from God and forget about prayer, and Muslims were ordered to avoid. O you who believe! Intoxicants (all kinds of alcoholic drinks), gambling, al-ansb , and al-azlm (arrows for seeking luck or decision) are an abomination of Shay an's (Satan's) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful. (Al -Maida: 90).
ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT 5

Marriage in line with the injunction of Shariah is a legal bond and social contract between a man and a woman. The Arabic word Al-Zawajis used to refer to a legally recognized marriage between two opposite partners (Nehemiah, 2013). The Holy Quran says, And marry those among you who are single and those who are fit among your male slaves and your female slaves; if they are needy, Allah will make them free from want out of His grace; and Allah is Ample-giving, Knowing (An-Nur, 24:32). Based on the verse, the imperative form of the word nikah implies that either it is obligatory or highly recommended. According to scholars, though marriage is a highly recommended act, it becomes obligatory when there is a chance of falling into sin (Rizvi, n.d). Although, marriage is a social necessity, it is only absolutely compulsory for an individual, depending on his circumstance. It could be compulsory if a man has strong intimate desire and has the means to maintain a wife, and a situation where he is unmarried. On the other hand, it could be forbidden for a man who will not be able to consummate the marriage, and thereby amounting to Zina. If one could not suite or has problems with his or her couple which could not be solve by tolerating or other ways, the last way one should consider is divorce. There are separate rules for divorce for men and women under the terms of Islamic law (sharia). Although divorce being allowed in Islam is a sign of the lenience and practical nature of the Islamic legal system, keeping the unity of the family is considered a priority for the sake of the children. For this reason, divorce is always a last choice, after exhausting all possible means of reconciliation (Huda, 2013). For example, Allah addresses men asking them to try hard to keep the marriage, even if they dislike their wives, live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and God brings about through it a great deal of good (An-Nisa: 19). Also the following verse is addressed to women asking them the same thing, If a wife fe ars cruelty or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves (An-Nisa: 128). Allah encourages the husband and wife to appoint arbitrators as the first step to aid in reconciliation in the process of divorce. If the reconciliation step fails, both the man and woman are guaranteed the right to divorce as established in the Quran, but the difference lies in the procedure for each one. When a divorce is initiated by the man, it is known as Talaaq and the divorce initiated by the wife is known as Khul'.

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

3.0 METHODOLOGY

Implementation of Sharia Law in Malaysia and the perception of Muslims students in Universiti Teknologi Petronas (UTP). A research has been conducted in order to identify the perception and the level of understandings of Muslims in UTP about the Islamic Law which is Sharia Law. The research also revealed the respondents opinions for the implementation of Sharia Law in Malaysia. The Muslims students and staffs of UTP were the respondents for the study and the survey was done around UTP. The method used in the study involves primary data in which it was obtained through questionnaires. The questionnaires were prepared based on information obtained from the literature review. To effectively obtain the faster response from the university students, the usage of technology is fully utilized as the survey is conducted online. The survey questionnaires are answered by the targeted parties. The questionnaires were leading the respondents to express the intensity of their understanding and opinions about the case study. The online survey was divided into three parts which are section A, section B and section C. Section A contains basic questions about respondent background for instance, name, course and year of study. Then, moving to the next section which is section B, we have statement for respondents to choose from strongly agree to strongly disagree like I understand what is Sharia Law, in order to make sure the level of un derstanding of Muslims in UTP about the Sharia Law. Going to the last section, we started to identify the respondents opinions about the implementation of Sharia Law in Malaysia based on various statements given. The survey was conducted for approximately a week with expected UTPs residents of 100 respondents. However, out of 100 respondents, only around 50% respond to the survey which is approximately 52 people. Perhaps wider exposures manually and longer time is needed to obtain more respondents.

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

4.0 RESULT A survey was conducted among Universiti Teknologi Petronas (UTP) students to investigate the objectives of this study. The survey was done through a set of questionnaire which consists of 3 sections with the total number of 20 questions. This questionnaire was then published as an online survey form and was distributed to the students through students group in Facebook as it is easier to reach people online and it ease the process. This survey was conducted for 1 day (20-21/10/13) and was able to get 52 respondents which consist of 36 males and 16 females from every programme and year of study.

As stated above, the survey form had three sections which are Personal Information, Understanding of Syaria Law, and Opinion on Syaria Law Implementation. The main objectives of the survey is to get students opinion but before their opinions is considered, their understanding have to be known first in order to validate their opinion thus the second section was designed to measure their level of understanding about the study. The third section was created for the main objective that is to seek UTP students perception on implementation on syaria law in Malaysia.

From the graph, the study found out that the number of respondents who are agree with the statement decreases as the statement becomes more specific or narrowed. This shows that the respondents understand what is Syaria Law in general but they do not really understand when it becomes deeper and deeper and what comes to attraction is the number of respondents who understands Hudud is more than the number of respondents who understands Syaria Law itself.

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

Understanding of Syaria Law

syaria is the order from Allah s.w.t, we should obey syaria law is only focus on crimes and punishment there are more that 8 section under shariah law I can differentiate between Hudud, Qisas, and Takzir I understand what 'Takzir' really is I understand what 'Qisas' really is I understand what 'hudud' really is I understand what is syaria law 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% strongly agree agree neutral disagree strongly disagree

From the result of the second section of the survey, we found out that 79% of the respondents which is the majority, agree that they understand what is Syaria Law (31% strongly agree, 48% agree). While for the question I understand what Hudud really is, I understand what Qisas really is, and I understand what Takzir really is t he percentage of people who are agree (including strongly agree) is 83%, 63%, and 40% respectively. The study also asked the respondents whether they can differentiate between Hudud, Qisas, and takzir and less than half of the respondents (46%) were able to differentiate them.

Overview of Syaria Law

70 60 50 40 30 20 10 0 there are more that 8 syaria law is only focus on syaria is the order from section under shariah law crimes and punishment Allah s.w.t, we should obey strongly agree agree neutral disagree strongly disagree

Apart from that, the study also gave statements like there are more than 8 sections under Syaria Law which majority or the respondents were neutral showing the respondents are not sure or they do not know, Syaria Law is only focus on crimes and punishments which 71% disagree (including strongly disagree), and Syaria is the order from Allah s.w.t., therefore we should obey which 89% of the respondents agree with the statement.
ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT 9

Opinion on Syaria Law implementation

Syaria Law, Faraid is biased towards male hudud is said to be violent and against the human right Syaria is unfair for some criminal cases people nowadays prefer civil law rather than Syaria Law non-muslim should be considered under Syaria Law execution Malaysia's constitutional is higher than Syaria Law country that implementing Syaria Law lives peacefully Syaria Law suit to be implemented in malaysia 0% 20% 40% 60% 80% 100% strongly agree agree neutral disagree strongly disagree

In the third section of the survey, opinion on Syaria Law Implementation was asked. Many of the respondents agreed that Syaria Law suit to be implemented in Malaysia (80%) and country that implementing Syariah Law lives peacefully (70%) but 45% of the respondents says that Malaysias constitutional is no higher than Syaria Law. When it comes to nonmuslims issue, the respondents were divided into 3, 29% agree, 31% was neutral, and 40% disagree that non-muslim should be considered under Syaria Law execution.

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

10

Syaria Law and Humans' Rights

45 40 35 30 25 20 15 10 5 0 40 33 agree (+ strongly agree) 15 4 people nowadays prefer civil law rather than Syaria Law 6 8 5 neutral disagree (+strongly disagree) 39

Syaria is unfair for hudud is said to be some criminal cases violent and against the human right

Majority of the respondents which is 62% agreed that people nowadays prefer civil law rather than Syaria Law meanwhile most of the respondents disagree that Syaria is unfair to some criminal cases (78%) and also disagree that hudud is said to be violent and against human right (76%). The chart above shows that people say that Syaria Law is fair for all criminal cases and hudud is not violent and against human rights and yet people still prefer civil law better than Syariah Law.

As for the statement Syaria law, Faraid is biased towards male, both of the gender, male as well as female, are contradicting each other. As predicted most of the male respondents disagree with the statement (55%) and female respondents agree with the statement (50%).

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

11

5.0 DISCUSSION

This survey is conducted to investigate investigate the understanding of Universiti Teknologi PETRONAS students regarding Syariah Law and their perception on the implemention of Syariah Law in Malaysia. Nowadays, social medium like newspapers, magazine, radio, television, Facebook and Instagram are very active discussing the implementation of Syaria law. It is one of the big issues being discussed and being debated by varies political parties. Somehow, the only issue that always being raised was Hudud issue. Hence, it narrowing the understanding of UTP students towards Syariah Law itself, which consists of varies section such as economic, military, dietary, politics, marital jurisprudence, dress code and hygiene. This issues agrees with Nehemiah, (2013) in her study which stated that Sharia Law covers all the aspect of life and it has more than 8 subdivision, however, secular education nowadays taught most of the students in the world to think rigid of Sharia Law. Different parties have their own evidence to defend themselves. As an example, stated by our current Deputy Prime Minister Tan Sri Muhyiddin Yassin during his talk in TV3 regarding Hudud issue, he declare that it is compulsory and stated by Allah S.W.T. to apply Syariah Law among all the Muslims in our daily life. Somehow he state that, the time have not reach yet to implement Hudud in Malaysia as we are living in multiracial culture and religion. It takes time towards all Muslims in Malaysia to fully digest Syariah Law. Based on the research conducted, majority of the respondents are Muslims and most of them have basic knowledge and understanding of Islamic Law which is Sharia Law such as Hudud. Somehow, when we narrowing the scopes by asking them on crimes punishment such as Qisas and Takzir, the level of understanding on the concepts are decreasing. Different levels of understanding between these three concepts most probably because of lack of exposure on Qisas and Takzir during school, family and media. This situation supported by Aisha (2009), in her study she conclude that in this recent time, when people talk about implementing Sharia law, others people starts to think of the negative side of implementing it because they do not have clear understanding about the beauty of Sharia. In such to enhance better understanding and lead Malaysia towards justness, almost every week Harakah newspaper came out with Hudud statement such as they strictly strive to implement Syariah Law as guidance to all Muslims lives peacefully. Commands from Allah S.W.T in Surah Al-Baqarah: 178, O you who have believed, prescribed for you is legal retribution for those murdered the free for the free, the slave for the slave and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment."

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

12

Besides that, when the statement being manipulated into deeper and deeper asking the concept and understanding of Sharia Law, most of the respondents from UTP tend to choose the neutral one. Based on the highest number of neutral answer, we can conclude that, most of the Muslims here did not have enough knowledge about the holistic concepts of Sharia Law. This is also might due to early education system which did not put a stress and deeply on the Islamic Studies subjects for example during the primary school, it is not compulsory to pass Islamic Studies subject included in the high level of examination such as Ujian Pencapaian Sekolah Rendah (UPSR) examination. From the last statement given, Sharia is the order from Allah S.W.T that we should obey, majority of the respon dents agree with that which indicates that Muslims here did not denied and agreed that Sharia Law is from the order from Allah S.W.T that also be mentioned in the glorious Quran that we compulsory to follow it. However, when we test them, which Law should be implemented in Malaysia, majority still choose civil law instead of Syaria Law. This shows that, as Islam country we are lacking of deliver the knowledge of the real Islam towards Malaysian citizens and parents should enhance Islams knowledge with their children and encourage them to deepen their Islamic Studies as what has been stated by Rizvi (n.d.) in his research that weak emphasis of Sharia Law nowadays causing the people to have limited knowledge regarding Sharia Law. On the other hand, according to the survey that was branched to three sections. The first section, test the understanding of the sharia law among UTP students, displays that 79 % of the respondents believes that they understand the sharia law. This result contrasts with the statement of Joel (2010) which stated that most of the people have clear understanding towards Sharia Law. However, after continuously ask question specifically focus on hudud , takzir and qisas, many of them decided to be neutral. Hence, we can make a hypothesis that, peoples may know the sharia law but not everybody deeply understand what it is all about. Even though, minority of them understand Law of Syaria, but majority of them around 80 % of the respondent agreed to implement the sharia law in Malaysia. They might be influenced by nowadays crime because recently Malaysia had a lot of murdered cases which occur more than two times per month. These factors widely open our minds to implement the sharia law which the punishment of it is more justice and increase the awareness of punishment by committing crimes than current law. This is highly prove by Arab Saudi which implementing Syaria Law compared to United States having Civil Law with total rape cases are 59 : 95,136 on 2002. Apart from that, Malaysias neighbor which is Brunei Darussalam was already announced that they will implement the sharia law to overcome the crime cases in their country. Thus, Malaysia should learn and collaborate with Brunei to enforce Syaria Law implementation on our respective country. Somehow, the survey shows that UTP students prefer civil law rather than sharia law.

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

13

Generally, from the survey we found that Malaysian afraid of having Syaria Law because of having multiracial population. Only minority knows that it will be implemented towards Muslims only, but majority assume that non-Muslims should be considered under Syaria as well. The main factors contributing to this result was probably due to the lack exposure regarding Sharia Law especially to the students in universities. In addition, it will apply towards those who are really committing it because to sentence people based on sharia law need a lot of evidence, proof, procedures and steps (Joel, 2010). Hence, to neutralise this perception, government or Islam scholars need to explain to the citizens on how the Sharia Law will sentenced an individual for some particular cases. Because in the survey stated that majority (78%) disagree that some of criminal cases is unfair according to Sharia Law. Last but not least, Faraid is a division of the estate after the death of a Muslim who has been prescribed under Islamic law on the legal heirs and entitled (as daughter, wife, husband, mother, father, etc.). Due to question asked to examine UTP students understanding of Faraid in Islam, Syaria Law, Faraid is biased towards male about 55 % of male respondent disagree and 50 % of female respondent agree with the statement. Yes, roughly judgement without knowledge looks unfair, but deeply research will tell us the truth. We can conclude that both of them are oppose to each other, defending their rights against the Syaria Law. Most of them might use their emotional to judge something, without deeply research on the fact and reasons of Islam doing it. The male Muslim will get bigger part of the property compare to the female because they have to support the female by giving them monthly money or nafkah and they have to support the family (Huda, 2013). However, the part which is received by the female is only for the use of themselves and they have no other people to be supported. Malaysia government and especially JAKIM should introduce the procedures and rules and regulations of Sharia Law to the society to enhance them clear understanding of Syaria Law. However, there are some limitations during the study conducted. The main limitation of this study is the data collection and references, because there are only limited online journals, articles and previous studies conducted by other researchers regarding this particular topic in universities to make it as reference to this study. In addition to that, time constraint is also another limiting factor which does not allow for field research to be carried out extensively. Therefore, only limited studies from one side, which is the student have been conducted. Wider perspective and more detailed data can be gained if the study was conducted from the both side, the students and the managements of the university.

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

14

6.0 CONCLUSION

From the study conducted, more than half of the students surveyed agreed that Sharia Law suit to be implemented in Malaysia and country that implementing Sharia Law lives peacefully. However, it has been found that most of respondents understand Sharia Law in general but they do not really understand when it becomes deeper. This studys objective is to investigate the students perception regarding the implementation of Sharia Law and to give them better view regarding this matter. The results proved that most of the students have less understanding regarding the sub-division under the Sharia Law and some of them still have the rigid thinking regarding the Sharia Law. This result agrees with the statement of Aisha (2009) in her study which stated when people starts to talk of Sharia Law, they will first think about the cutting of peoples hand and other rule from their negative point of view. It was probably due to the lack of information and exposure regarding the full system of Sharia Law and the importance of implementing it. Having a parking garage would be great for the students who have their own vehicles in the campus as most of them would not have to take the risk of being summoned or clamped for not parking in space provided. Therefore, future studies need to be conducted to investigate of how the students really understand regarding the details of Sharia Law and the best way of giving them clear understanding and better view of the implementation of Sharia Law especially in Malaysia.

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

15

APPENDIX

Implementation of Syaria Law in Malaysia: UTP Muslim's Understanding and Perception

* Required

Personal Information
Gender * Male Female year of study * foundation 1st year 2nd year 3rd year final year Programme * PE PG ME CV CE ICT BIS EE Nationalities * Local Foreigner

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

16

Understanding of Syaria Law

1. I understand what is Syariah Law. * strongly agree agree neutral disagree strongly disagree 2. I understand what 'Hudud' really is. * strongly agree agree neutral disagree strongly disagree 3. I understand what 'Qisas' really is. * strongly agree agree neutral disagree strongly disagree 4. I understand what 'Takzir' really is. * strongly agree agree neutral disagree strongly disagree 5. I can differentiate between Hudud, Qisas, and Takzir. * strongly agree agree neutral disagree strongly disagree

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

17

6. There are more than 8 section under shariah law. * strongly agree agree neutral disagree strongly disagree 7. Shariah law is only focus on crimes and punishment. * strongly agree agree neutral disagree strongly disagree 8. Shariah is the order from Allah s.w.t , we should obey * strongly agree agree neutral disagree strongly disagree

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

18

Opinion on Syaria Law Implementation

1. Shariah law suite to be implemented in Malaysia. * strongly agree agree neutral disagree strongly disagree 2. Country that implementing shariah law, live peacefully. * strongly agree agree neutral disagree strongly disagree 3. Malaysia's Constitutional is higher than Shariah Law. * strongly agree agree neutral disagree strongly disagree 4. Non-Muslim should be considered under shariah law execution. * strongly agree agree neutral disagree strongly disagree 5. People nowadays prefer civil law rather than sharia law. * strongly agree agree neutral disagree strongly disagree

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

19

6. shariah is unfair for some criminal cases * eg. rape, murder, stealing, polygamy strongly agree agree neutral disagree strongly disagree 7. Hudud is said to be violent and against the human right. * strongly agree agree neutral disagree strongly disagree 8. Shariah law, Faraid (Property Distribution) is biased toward the male. * strongly agree agree neutral disagree strongly disagree

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

20

REFERENCE

El-Ashi, A. (n.d). Fasting In Islam. Islamic Society of Rutgers University. http://www.eden.rutgers.edu/~muslims/fasting.htm

Farag, A.A.F. (2013). Laws of Divorce in Islam. HudaTV, retrieved October 15, 2013 http://www.huda.tv/articles/women-in-islam/351-laws-of-divorce-in-islam

Gazette, A. (1993). The Physical Benefits of Solat. Al-Islam, retrieved October 20, 2013 http://www.alislam.org/library/articles/salat.htm

Islamawareness.net (n.d.), Personal Hygiene in Islam, retrieved October 15, 2013, from http://www.islamawareness.net

IslamiCity.Com (2001), retrieved October 21, 2013 from http://www.islamicity.com/articles/Articles.asp?ref=IC0311-2136.

Islamic Dietary Laws, (2007). Retrieved October 23, 2013, from http://en.wikipedia.org/wiki/Islamic_dietary_laws#Food_certification

Islamic Finance, Law Economics and Practice. Retrieved October 23, 2013, from http://www.kantakji.com/fiqh/files/finance/n303.pdf

Islamic Guideling to Slaughtering Animal. Retrieved October 23, 2013, from http://www.shariahprogram.ca/eat-halal-foods/islamic-guidelines-slaughteringanimals.shtml

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

21

Joel, H. (2010), The Quran and War: Observations on Islamic Just War, retrieved October 20, 2013 from http://www.quranandwar.com/

Nehemiah. (2013). Islamic Marital Jurisprudence. Nairaland Forum. http://www.nairaland.com/1455051/islamic-marital-jurisprudence

Rizvi, S.H.(n.d). Islamic Marriage. Work Islamic Network. http://www.al-islam.org/islamic-marriage-syed-athar-husain-sh-rizvi/introduction

Shariati, A. (n.d). Hajj (Pilgrimage) Spiritualty. Costa Mesa: Jubilee Press. http://www.al-islam.org/hajj-pilgrimage-dr-ali-shariati

WhyIslam.Org (2011), retrieved October 13, 2013, from http://www.whyislam.org/submission/five-pillars-of-islam-2/pilgrimage/pilgrimage/

Zakat, (1998). Retrieved October 23, 2013, from http://www.islamicvoice.com/december.98/zakat.htm

ISLAMIC STUDIES [MPW2143] RESEARCH ASSIGNMENT

22