Dr Yasmin Hanani Mohd Safian | Universiti Sains Islam Malaysia (USIM) (original) (raw)
Papers by Dr Yasmin Hanani Mohd Safian
Debt recovery is an essential activity either for Islamic banks or conventional banks in order to... more Debt recovery is an essential activity either for Islamic banks or conventional banks in order to ensure the sustainability of the banks. The bad debt need to be managed properly or else the banks will experience problem with growing level of non-performing loan. One of the problems faced by the banks in collecting debt is defaulted debtor. Many have criticised and voice out their concern over non-ethical debt collection by Islamic banks. Therefore, the aim of this paper is to review the current practice of debt recovery methods in Islamic banks in Malaysia. This research employs the qualitative methodology utilizing content analysis technique. Primary data is collected from books and academic researches. The result shows that the authorities in Malaysia provided good methods and mechanisms for debt recovery in Islamic banks in Malaysiain term of tools of recovery, procedures, laws and policy. However, still there is a lack in term of enforcement, due this situation, it has affected the debtor. Based on the findings of the study, the study recommended that the Islamic banks should enforce and improve the debt recovery practice according to the laws and policies prescribed
Baby dumping case is a serious crime in Malaysia. The study is important to be conducted in order... more Baby dumping case is a serious crime in Malaysia. The study is important to be conducted in order to discuss the suitable punishment with regards to this crime. It is not only confined to the legislations, but also to find the other preventive methods for the solution. In Malaysia, not only the laws are being used, but other preventive methods are also available such as the awareness, monitoring actions and baby hatch. This paper is to discuss the comparative study of the punishment and preventive methods available in Malaysia and some other countries. The method of this research is by using content analysis, under qualitative method, which the laws from various countries pertaining to baby dumping will be analyzed. By comparing Malaysia and other countries approach, we could have foreseen that the preventive methods are also needed as much as the punishment methods in order to curb the problem of baby dumping in Malaysia.
Zenodo (CERN European Organization for Nuclear Research), Nov 25, 2022
This paper discusses Halal logistic management which has an important role in running the Halal i... more This paper discusses Halal logistic management which has an important role in running the Halal industry. There are many issues and challenges that arise in Halal logistics that require a solution in order to maintain the stability of the Halal industry in a Halal status. Fatwa and the views of Islamic scholars play an important role in a solution to this problem. Therefore, Halal logistical issues and challenges need to be resolved through a guide based on Fatwa analysis as a comprehensive reference. This study aims to reveal the issues and challenges of Halal logistics in the Halal industry sector. Also explains the fatwas and views of Islamic scholars that can be used as guidelines in guaranteeing Halal products so that they remain Halal. The logistical issues and challenges collected will be studied through a qualitatively descriptive of document analysis approach from the study of the journal and local newspaper papers, as well as looking the fatwas issued by the Malaysian fatwa institution will be analyzed to provide a solution. The results of the study concluded that the issues and challenges that occur in Halal logistics can be resolved through a fatwa analysis approach and the views of scholars. This shows that fatwas and the views of scholars play an important role and are guidelines in stabilizing the Halal industry.
al-Qanatir: International Journal of Islamic Studies, 2019
Debt recovery is an essential activity either for Islamic banks or conventional banks in order to... more Debt recovery is an essential activity either for Islamic banks or conventional banks in order to ensure the sustainability of the banks. The bad debt need to be managed properly or else the banks will experience problem with growing level of non-performing loan. One of the problems faced by the banks in collecting debt is defaulted debtor. Many have criticised and voice out their concern over non-ethical debt collection by Islamic banks. Therefore, the aim of this paper is to review the current practice of debt recovery methods in Islamic banks in Malaysia. This research employs the qualitative methodology utilizing content analysis technique. Primary data is collected from books and academic researches. The result shows that the authorities in Malaysia provided good methods and mechanisms for debt recovery in Islamic banks in Malaysiain term of tools of recovery, procedures, laws and policy. However, still there is a lack in term of enforcement, due this situation, it has affected the debtor. Based on the findings of the study, the study recommended that the Islamic banks should enforce and improve the debt recovery practice according to the laws and policies prescribed
To my caring husband Amir Shaharuddin who continously inspired me, and who has had to go through ... more To my caring husband Amir Shaharuddin who continously inspired me, and who has had to go through difficult times during my study period. Also to my beloved sons, Asim, Harith, Humam and Fawwaz, who are my qurrat al-Ýayn and my sources of happiness living in this world. To my parents, Mohd Safian Haji Ismail and Sabariah Abral who love me unconditionally and gave me so much help and support. Also to my parents-in-law, Shaharuddin Jamlus and Ummi Kelesom Ahmad for their love and support. Special thanks go to my collegues and all staff of the Institute of Arab and Islamic Studies, the Old Library and the University of Exeter who have assisted me in one form or the other in the preparation of this work. I also wish to express my gratitude to Ms Jools Bond for proofreading the thesis. Finally, I would like to thank University Sains Islam Malaysia (USIM) and Malaysian Ministry of Higher Education for having sponsored me and granting me a study leave.
Baby dumping case is a serious crime in Malaysia. The study is important to be conducted in order... more Baby dumping case is a serious crime in Malaysia. The study is important to be conducted in order to discuss the suitable punishment with regards to this crime. It is not only confined to the legislations, but also to find the other preventive methods for the solution. In Malaysia, not only the laws are being used, but other preventive methods are also available such as the awareness, monitoring actions and baby hatch. This paper is to discuss the comparative study of the punishment and preventive methods available in Malaysia and some other countries. The method of this research is by using content analysis, under qualitative method, which the laws from various countries pertaining to baby dumping will be analyzed. By comparing Malaysia and other countries approach, we could have foreseen that the preventive methods are also needed as much as the punishment methods in order to curb the problem of baby dumping in Malaysia.
JOURNAL OF ISLAMIC ECONOMICS AND LAW (JIEL), Jul 26, 2020
Islamic finance industry faces unprecedented new issues that need immediate attention by Shariah ... more Islamic finance industry faces unprecedented new issues that need immediate attention by Shariah scholars. The issues require the Shariah scholars to exercise their own ijtihad whether it is a collective or an independent ijtihad especially in the innovations of Islamic finance. One of the main challenges in issuing a fatwa in the Islamic finance is the scholars have to innovate Shariah compliant products that are workable and meet the modern market needs. To address this issue, it requires the scholars to have mastery skills in both the turath (classical knowledge) and contemporary knowledge in Islamic finance. The study will evaluate the efforts of the scholars in the fatwa making process and examine the challenges faced over time.
The function of non-governmental organisation (NGO) could be beneficial to the societies especial... more The function of non-governmental organisation (NGO) could be beneficial to the societies especially when it involved the needy. To operate actively and meeting their establishment objectives, monetary supports from financial institutions is very much needed. The financial assistance given especially in forms of cash donations is commonly protected under the laws. The paper explored the roles played by the laws in order to motivate the financial institution (FI) to provide monetary support to NGO. In specific the paper focus on the Malaysian legislative point of view only which includes the definitions and its relevant acts. The findings would list the associated acts and reveals the term "societies" to be linked with NGO.
The consumption of drugs for medication had been acknowledged by traditional Muslim jurists. Howe... more The consumption of drugs for medication had been acknowledged by traditional Muslim jurists. However, when drugs were consumed for recreational purpose, the jurists started to dispute in this matter. This paper analyses the traditional Muslim jurists' attitudes (opinions) towards drug and examines their methodologies to determine the rulings of drug. This study finds that the jurists did not only rely on traditional analogy (qiyas) or conservative methods of deriving rules but some of them also conducted selfexperiment method to identify the effect of drugs. The study also finds that the classical jurist were divided into three groups, the first group totally permitted drugs, the second group allowed drugs that are consumed for necessity purpose and the last group banned drugs totally.
Small and Medium Enterprises (SMEs) play an important supportive role in the Malaysian economy. I... more Small and Medium Enterprises (SMEs) play an important supportive role in the Malaysian economy. In capturing this market segment, Islamic banks offer various banking products to cater SMEs' needs in daily business transactions. This research examines their perception towards the banking products offered which includes a study on their level of acceptance, knowledge, factors considered important in bank selection, current marketing strategy and customer satisfaction in Islamic banking. The research adopted a survey-based approach in collecting the data by distributing a set of selfadministered questionnaires to the potential SMEs. A total of 180 SMEs from Federal Tenitory of Kuala Lumpur, Selangor and Negeri Sembilan participated in this research. The results indicate that majority of the SMEs still do not consider the Islamic banks as the most desirable financial institution. The less effective marketing strategy has been identified as one of the reasons contributing to the low ...
Islamic finance industry faces unprecedented new issues that need immediate attention by Shariah ... more Islamic finance industry faces unprecedented new issues that need immediate attention by Shariah scholars. The issues require the Shariah scholars to exercise their own ijtihad whether it is a collective or an independent ijtihad especially in the innovations of Islamic finance. One of the main challenges in issuing a fatwa in the Islamic finance is the scholars have to innovate Shariah compliant products that are workable and meet the modern market needs. To address this issue, it requires the scholars to have mastery skills in both the turath (classical knowledge) and contemporary knowledge in Islamic finance. The study will evaluate the efforts of the scholars in the fatwa making process and examine the challenges faced over time. Keywords: Shariah scholars, ijtihad, Islamic finance innovations
Islam telah menetapkan kaedah tertentu dalam pembahagian harta warisan termasuklah tanah adat. Da... more Islam telah menetapkan kaedah tertentu dalam pembahagian harta warisan termasuklah tanah adat. Dalam pada itu, budaya setempat mempunyai kaedah tersendiri dalam isu pemberian tanah adat yang berbeza dengan kaedah faraid. Kajian ini akan mengkaji sejauh mana budaya setempat atau uruf ini boleh diterima pakai dalam isu pembahagian tanah adat khususnya di Negeri Sembilan. Dalam masa yang sama, kajian ini akan membincangkan syarat-syarat penerimaan uruf dalam pemberian harta pusaka berdasarkan nas al-Quran, Hadis dan pandangan ulama fikah serta dapatan temuramah. Kajian ini merupakan kajian kualitatif deskriptif yang menggunapakai kaedah analisa dokumen dan temubual berstruktur separa. Hasil kajian ini merumuskan bahawa perwarisan tanah adat adalah suatu praktis yang telah diamalkan sejak zaman berzaman di Negeri Sembilan mengikut adat Minangkabau tetapi perlu diselarikan dengan hukum syarak. Selain itu, pemberian tanah adat ini tidak bersifat mutlak, tetapi berdasarkan konsep pemegang ...
Governance is an important component in Halal industry. Appropriate mechanism should be created t... more Governance is an important component in Halal industry. Appropriate mechanism should be created to ensure the Halal certified company complies with the Shariah principles. Unlike Islamic finance, Halal industry is less regulated in term of governance. Halal certification is not compulsory and even Halal certificate holding companies do not have clear Shariah governance within the administration to ensure the company fulfil its duty and promise to the stakeholder and the customer. The establishment of proper Shariah governance framework for Halal industry will boosts confidence of the shareholders and the publics that all the practices and activities follow Shariah all the times. Thus, this study investigates current practice of Halal governance in several Malaysian companies. The internal mechanisme in Halal monitoring, controlling, improving and preventing any non-compliance will be assessed. The practice will then be compared to the practice of governance in Malaysian Islamic Fina...
Baby dumping issue has become a serious phenomenon in Malaysia. The fact that newborn babies bein... more Baby dumping issue has become a serious phenomenon in Malaysia. The fact that newborn babies being dump to die at the most inappropriate places such as toilet or junkyard is such a heinous crime. Despite various steps taken by governments and societies, the statistic of baby dumping is escalating in Malaysia. This should not be happening in our country to uphold our image as a Muslim nation. This research, not only will discuss the literature review with regards to the issue of baby dumping in Malaysia, but also shedding some overview of the alternative way of curbing this problem which is known as baby hatch. Opinions from the NGO (such as OrphanCare Foundation) and judiciary are referred to, in order to find the best possible method to overcome this baby dumping issue in Malaysia. This is as an alternative to the legal procedure which falls under Penal Code and other related Acts. The comparisons are needed in order to seek the best possible way of the solution of the baby dumping...
This study serves two aims, to shed light on the rule of darura in Islamic law and to examine the... more This study serves two aims, to shed light on the rule of darura in Islamic law and to examine the justification for the Harm Reduction Programme in Malaysia using the said rule. In an attempt to fathom the real understanding of this rule, the writer employed two methods: a critical approach to the darura theoretical discussions and an analysis of darura cases presented in fiqhi treatises. The study demonstrates that the usuliyun have formulated a narrow scope of darura theory although the applications of the rule in fiqhi treatises suggest other ways in which the principle can be applied. The jurists tend to apply the rule in a much wider sense in the various fiqhi works, either in true and factual cases or in hypothetical ones. This research also finds that the modern jurists have expanded the application not only to protect the necessity of an individual person but to protect the necessity of the public at large. It can also be suggested that the rule of darura has provided measur...
Debt recovery is an essential activity either for Islamic banks or conventional banks in order to... more Debt recovery is an essential activity either for Islamic banks or conventional banks in order to ensure the sustainability of the banks. The bad debt need to be managed properly or else the banks will experience problem with growing level of non-performing loan. One of the problems faced by the banks in collecting debt is defaulted debtor. Many have criticised and voice out their concern over non-ethical debt collection by Islamic banks. Therefore, the aim of this paper is to review the current practice of debt recovery methods in Islamic banks in Malaysia. This research employs the qualitative methodology utilizing content analysis technique. Primary data is collected from books and academic researches. The result shows that the authorities in Malaysia provided good methods and mechanisms for debt recovery in Islamic banks in Malaysiain term of tools of recovery, procedures, laws and policy. However, still there is a lack in term of enforcement, due this situation, it has affected the debtor. Based on the findings of the study, the study recommended that the Islamic banks should enforce and improve the debt recovery practice according to the laws and policies prescribed
Baby dumping case is a serious crime in Malaysia. The study is important to be conducted in order... more Baby dumping case is a serious crime in Malaysia. The study is important to be conducted in order to discuss the suitable punishment with regards to this crime. It is not only confined to the legislations, but also to find the other preventive methods for the solution. In Malaysia, not only the laws are being used, but other preventive methods are also available such as the awareness, monitoring actions and baby hatch. This paper is to discuss the comparative study of the punishment and preventive methods available in Malaysia and some other countries. The method of this research is by using content analysis, under qualitative method, which the laws from various countries pertaining to baby dumping will be analyzed. By comparing Malaysia and other countries approach, we could have foreseen that the preventive methods are also needed as much as the punishment methods in order to curb the problem of baby dumping in Malaysia.
Zenodo (CERN European Organization for Nuclear Research), Nov 25, 2022
This paper discusses Halal logistic management which has an important role in running the Halal i... more This paper discusses Halal logistic management which has an important role in running the Halal industry. There are many issues and challenges that arise in Halal logistics that require a solution in order to maintain the stability of the Halal industry in a Halal status. Fatwa and the views of Islamic scholars play an important role in a solution to this problem. Therefore, Halal logistical issues and challenges need to be resolved through a guide based on Fatwa analysis as a comprehensive reference. This study aims to reveal the issues and challenges of Halal logistics in the Halal industry sector. Also explains the fatwas and views of Islamic scholars that can be used as guidelines in guaranteeing Halal products so that they remain Halal. The logistical issues and challenges collected will be studied through a qualitatively descriptive of document analysis approach from the study of the journal and local newspaper papers, as well as looking the fatwas issued by the Malaysian fatwa institution will be analyzed to provide a solution. The results of the study concluded that the issues and challenges that occur in Halal logistics can be resolved through a fatwa analysis approach and the views of scholars. This shows that fatwas and the views of scholars play an important role and are guidelines in stabilizing the Halal industry.
al-Qanatir: International Journal of Islamic Studies, 2019
Debt recovery is an essential activity either for Islamic banks or conventional banks in order to... more Debt recovery is an essential activity either for Islamic banks or conventional banks in order to ensure the sustainability of the banks. The bad debt need to be managed properly or else the banks will experience problem with growing level of non-performing loan. One of the problems faced by the banks in collecting debt is defaulted debtor. Many have criticised and voice out their concern over non-ethical debt collection by Islamic banks. Therefore, the aim of this paper is to review the current practice of debt recovery methods in Islamic banks in Malaysia. This research employs the qualitative methodology utilizing content analysis technique. Primary data is collected from books and academic researches. The result shows that the authorities in Malaysia provided good methods and mechanisms for debt recovery in Islamic banks in Malaysiain term of tools of recovery, procedures, laws and policy. However, still there is a lack in term of enforcement, due this situation, it has affected the debtor. Based on the findings of the study, the study recommended that the Islamic banks should enforce and improve the debt recovery practice according to the laws and policies prescribed
To my caring husband Amir Shaharuddin who continously inspired me, and who has had to go through ... more To my caring husband Amir Shaharuddin who continously inspired me, and who has had to go through difficult times during my study period. Also to my beloved sons, Asim, Harith, Humam and Fawwaz, who are my qurrat al-Ýayn and my sources of happiness living in this world. To my parents, Mohd Safian Haji Ismail and Sabariah Abral who love me unconditionally and gave me so much help and support. Also to my parents-in-law, Shaharuddin Jamlus and Ummi Kelesom Ahmad for their love and support. Special thanks go to my collegues and all staff of the Institute of Arab and Islamic Studies, the Old Library and the University of Exeter who have assisted me in one form or the other in the preparation of this work. I also wish to express my gratitude to Ms Jools Bond for proofreading the thesis. Finally, I would like to thank University Sains Islam Malaysia (USIM) and Malaysian Ministry of Higher Education for having sponsored me and granting me a study leave.
Baby dumping case is a serious crime in Malaysia. The study is important to be conducted in order... more Baby dumping case is a serious crime in Malaysia. The study is important to be conducted in order to discuss the suitable punishment with regards to this crime. It is not only confined to the legislations, but also to find the other preventive methods for the solution. In Malaysia, not only the laws are being used, but other preventive methods are also available such as the awareness, monitoring actions and baby hatch. This paper is to discuss the comparative study of the punishment and preventive methods available in Malaysia and some other countries. The method of this research is by using content analysis, under qualitative method, which the laws from various countries pertaining to baby dumping will be analyzed. By comparing Malaysia and other countries approach, we could have foreseen that the preventive methods are also needed as much as the punishment methods in order to curb the problem of baby dumping in Malaysia.
JOURNAL OF ISLAMIC ECONOMICS AND LAW (JIEL), Jul 26, 2020
Islamic finance industry faces unprecedented new issues that need immediate attention by Shariah ... more Islamic finance industry faces unprecedented new issues that need immediate attention by Shariah scholars. The issues require the Shariah scholars to exercise their own ijtihad whether it is a collective or an independent ijtihad especially in the innovations of Islamic finance. One of the main challenges in issuing a fatwa in the Islamic finance is the scholars have to innovate Shariah compliant products that are workable and meet the modern market needs. To address this issue, it requires the scholars to have mastery skills in both the turath (classical knowledge) and contemporary knowledge in Islamic finance. The study will evaluate the efforts of the scholars in the fatwa making process and examine the challenges faced over time.
The function of non-governmental organisation (NGO) could be beneficial to the societies especial... more The function of non-governmental organisation (NGO) could be beneficial to the societies especially when it involved the needy. To operate actively and meeting their establishment objectives, monetary supports from financial institutions is very much needed. The financial assistance given especially in forms of cash donations is commonly protected under the laws. The paper explored the roles played by the laws in order to motivate the financial institution (FI) to provide monetary support to NGO. In specific the paper focus on the Malaysian legislative point of view only which includes the definitions and its relevant acts. The findings would list the associated acts and reveals the term "societies" to be linked with NGO.
The consumption of drugs for medication had been acknowledged by traditional Muslim jurists. Howe... more The consumption of drugs for medication had been acknowledged by traditional Muslim jurists. However, when drugs were consumed for recreational purpose, the jurists started to dispute in this matter. This paper analyses the traditional Muslim jurists' attitudes (opinions) towards drug and examines their methodologies to determine the rulings of drug. This study finds that the jurists did not only rely on traditional analogy (qiyas) or conservative methods of deriving rules but some of them also conducted selfexperiment method to identify the effect of drugs. The study also finds that the classical jurist were divided into three groups, the first group totally permitted drugs, the second group allowed drugs that are consumed for necessity purpose and the last group banned drugs totally.
Small and Medium Enterprises (SMEs) play an important supportive role in the Malaysian economy. I... more Small and Medium Enterprises (SMEs) play an important supportive role in the Malaysian economy. In capturing this market segment, Islamic banks offer various banking products to cater SMEs' needs in daily business transactions. This research examines their perception towards the banking products offered which includes a study on their level of acceptance, knowledge, factors considered important in bank selection, current marketing strategy and customer satisfaction in Islamic banking. The research adopted a survey-based approach in collecting the data by distributing a set of selfadministered questionnaires to the potential SMEs. A total of 180 SMEs from Federal Tenitory of Kuala Lumpur, Selangor and Negeri Sembilan participated in this research. The results indicate that majority of the SMEs still do not consider the Islamic banks as the most desirable financial institution. The less effective marketing strategy has been identified as one of the reasons contributing to the low ...
Islamic finance industry faces unprecedented new issues that need immediate attention by Shariah ... more Islamic finance industry faces unprecedented new issues that need immediate attention by Shariah scholars. The issues require the Shariah scholars to exercise their own ijtihad whether it is a collective or an independent ijtihad especially in the innovations of Islamic finance. One of the main challenges in issuing a fatwa in the Islamic finance is the scholars have to innovate Shariah compliant products that are workable and meet the modern market needs. To address this issue, it requires the scholars to have mastery skills in both the turath (classical knowledge) and contemporary knowledge in Islamic finance. The study will evaluate the efforts of the scholars in the fatwa making process and examine the challenges faced over time. Keywords: Shariah scholars, ijtihad, Islamic finance innovations
Islam telah menetapkan kaedah tertentu dalam pembahagian harta warisan termasuklah tanah adat. Da... more Islam telah menetapkan kaedah tertentu dalam pembahagian harta warisan termasuklah tanah adat. Dalam pada itu, budaya setempat mempunyai kaedah tersendiri dalam isu pemberian tanah adat yang berbeza dengan kaedah faraid. Kajian ini akan mengkaji sejauh mana budaya setempat atau uruf ini boleh diterima pakai dalam isu pembahagian tanah adat khususnya di Negeri Sembilan. Dalam masa yang sama, kajian ini akan membincangkan syarat-syarat penerimaan uruf dalam pemberian harta pusaka berdasarkan nas al-Quran, Hadis dan pandangan ulama fikah serta dapatan temuramah. Kajian ini merupakan kajian kualitatif deskriptif yang menggunapakai kaedah analisa dokumen dan temubual berstruktur separa. Hasil kajian ini merumuskan bahawa perwarisan tanah adat adalah suatu praktis yang telah diamalkan sejak zaman berzaman di Negeri Sembilan mengikut adat Minangkabau tetapi perlu diselarikan dengan hukum syarak. Selain itu, pemberian tanah adat ini tidak bersifat mutlak, tetapi berdasarkan konsep pemegang ...
Governance is an important component in Halal industry. Appropriate mechanism should be created t... more Governance is an important component in Halal industry. Appropriate mechanism should be created to ensure the Halal certified company complies with the Shariah principles. Unlike Islamic finance, Halal industry is less regulated in term of governance. Halal certification is not compulsory and even Halal certificate holding companies do not have clear Shariah governance within the administration to ensure the company fulfil its duty and promise to the stakeholder and the customer. The establishment of proper Shariah governance framework for Halal industry will boosts confidence of the shareholders and the publics that all the practices and activities follow Shariah all the times. Thus, this study investigates current practice of Halal governance in several Malaysian companies. The internal mechanisme in Halal monitoring, controlling, improving and preventing any non-compliance will be assessed. The practice will then be compared to the practice of governance in Malaysian Islamic Fina...
Baby dumping issue has become a serious phenomenon in Malaysia. The fact that newborn babies bein... more Baby dumping issue has become a serious phenomenon in Malaysia. The fact that newborn babies being dump to die at the most inappropriate places such as toilet or junkyard is such a heinous crime. Despite various steps taken by governments and societies, the statistic of baby dumping is escalating in Malaysia. This should not be happening in our country to uphold our image as a Muslim nation. This research, not only will discuss the literature review with regards to the issue of baby dumping in Malaysia, but also shedding some overview of the alternative way of curbing this problem which is known as baby hatch. Opinions from the NGO (such as OrphanCare Foundation) and judiciary are referred to, in order to find the best possible method to overcome this baby dumping issue in Malaysia. This is as an alternative to the legal procedure which falls under Penal Code and other related Acts. The comparisons are needed in order to seek the best possible way of the solution of the baby dumping...
This study serves two aims, to shed light on the rule of darura in Islamic law and to examine the... more This study serves two aims, to shed light on the rule of darura in Islamic law and to examine the justification for the Harm Reduction Programme in Malaysia using the said rule. In an attempt to fathom the real understanding of this rule, the writer employed two methods: a critical approach to the darura theoretical discussions and an analysis of darura cases presented in fiqhi treatises. The study demonstrates that the usuliyun have formulated a narrow scope of darura theory although the applications of the rule in fiqhi treatises suggest other ways in which the principle can be applied. The jurists tend to apply the rule in a much wider sense in the various fiqhi works, either in true and factual cases or in hypothetical ones. This research also finds that the modern jurists have expanded the application not only to protect the necessity of an individual person but to protect the necessity of the public at large. It can also be suggested that the rule of darura has provided measur...