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Featured researches published by Noraini Hashim.


The International Journal of Academic Research in Business and Social Sciences | 2017

Protecting the Spousesâ Interest (Maslahah) in Cases of Defects through the Application of the Islamic Principle of Harm

Tengku Fatimah Muliana Tengku Muda; Azizah Mohd; Noraini Hashim

Two crucial elements serve as the objective of Islamic legal rulings are the achievement of interest (maslahah) and the repulsion of harm (mafsadah). This paper seeks to examine the juristic views of different schools of laws in Islam on the application of the Islamic principle of harm in protecting the interest of spouses in cases of defects. For comparative purpose, the paper has also discussed the provisions of law related to defects as applied in Jordan, Egypt and Morocco. Using content analysis method, the findings indicate that where either spouses is inflicted with certain types of defects, dissolution of marriage is allowed based on the ground of protecting the interest of the spouses as well as an appraisal to the Islamic principle of repulsion of harm.


The International Journal of Academic Research in Business and Social Sciences | 2017

Darar Or Harm For Failure To Maintain The Wife: A Quranic And Juristic Approach On Marriage Dissolution

Tengku Fatimah Muliana Tengku Muda; Azizah Mohd; Noraini Hashim

The Islamic principle on prevention of harm or darar is well established in the Qur’an, narrated in the narrations of the Prophets and had long been discussed by classical jurists. The commentaries of the Quran explained the term ‘darar’ in various dimensions and meanings as according to the verses to include al-huznu or grief, fear and horror, distress and illness, as well as poverty and hardship. In view of this, Islamic law imposes a financial duty on the husband to maintain his wife and that his failure will bring harm to the wife. The duty arises as soon as the marriage completed and ends either through death or separation. This paper seeks to examine the juristic views of different schools of laws in Islam (mazahib) on the husband’s duty to financially support and maintain the wife, as well as the effect of non-maintenance. Content analysis method is employed where references is made to commentaries of the Quran as well as classical jurists’ texts, contemporary references of Islamic jurisprudence, narrations of the Prophet PBUH and relevant sources. Few selected Syariah court cases will also be discussed to support the premise. The findings indicate that where the husbands failed to provide for the wife’s maintenance for a certain period of time, it causes not only financial difficulties to the wife but extends far more to an abuse which justifies a judicial dissolution of marriage.


Archive | 2017

Protecting the health of children by mandating vaccination and immunization: An application of usuli principle of istihsan

Nora Abdul Hak; Noraini Hashim


Archive | 2017

Establishment of family development fund towards economic sustainability of families

Kamilia Ibrahim; Najibah Mohd Zin; Nora Abdul Hak; Noraini Hashim; Mohd Helmi Said


Archive | 2017

Efforts to save savable marriage through reconciliation process under family law in Malaysia: Issues and challenges

Noraini Hashim; Nora Abdul Hak; Norliah Ibrahim; Nur Ezan Rahmat; Sarafuddin Abdul Syahid Sowell


Archive | 2017

Cross-border marriage: a study on the demographic profiles of respondents in the state of Perlis

Muhamad Helmi Said; Noraini Hashim; Nora Abdul Hak


Archive | 2017

A STUDY ON DEMOGRAPHIC INFORMATION OF THE RESPONDENT IN CROSS-BORDER MARRIAGE: AN EMPIRICAL EVIDENCE FROM THE STATE OF PERLIS

Muhamad Helmi Said; Noraini Hashim; Nora Abd Hak; Roslina Che Soh; Muhammad Amrullah


Archive | 2017

Family development fund: an alternative mode to enforcement of maintenance orders towards sustainable families in Malaysia

Kamilia Ibrahim; Najibah Mohd Zin; Nora Abdul Hak; Noraini Hashim; Muhamad Helmi Said


Archive | 2017

Protecting the children’s right to nationality in Malaysia: An appraisal

Nor Hafizah Mohd Badrol Afandi; Noraini Hashim; Nora Abdul Hak


Archive | 2017

Adequacy of the law in protecting the rights of adopted children in Malaysia

Nora Abdul Hak; Noraini Hashim; Muhamad Helmi Said

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Nora Abdul Hak

International Islamic University Malaysia

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Najibah Mohd Zin

International Islamic University Malaysia

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Azizah Mohd

International Islamic University Malaysia

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Saodah Wok

International Islamic University Malaysia

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Norliah Ibrahim

International Islamic University Malaysia

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Normi Abdul Malek

International Islamic University Malaysia

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Badruddin Ibrahim

International Islamic University Malaysia

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Mohd Hisham Mohd Kamal

International Islamic University Malaysia

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Muhammad Helmi Md Said

International Islamic University Malaysia

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