Islamic Obligation

Topics: Local government, Property, Public library Pages: 29 (9233 words) Published: May 10, 2013
Acknowledgement

All praises are due to Allah (swt); His blessing be upon His Messenger and His rightful servants.

I thank Allah for his mercy and grace to let me complete this assignment. I am grateful to be assigned with this interesting topic.

First of all, I would like to thank Professor Dr Razali Nawawi, my Islamic Obligation Lecturer (MCL Program) for his guidance and help throughout the making of this task. Your ideas and brilliant thoughts are very useful to me. Your recommendation of the book by Ibnu Taymiya has gained me valuable knowledge.

To my parents and family, thanks for the endless support and never ending love. I can never make it without all of you…..thank you very much.

CHAPTER 1
INTRODUCTION

1.1 Preliminary
The rights and obligations of people have been spelled out by the Shari’a and an effort has been made to inculcate a new approach in all members of the society to see that while they fulfill their own needs they do not injure anyone else’s rights. The Islamic vision of a just and prosperous society is one of an enterprising and sharing community which values increase in virtue and equity.[1]

Al-Hisba is one such institution developed by the Muslims to help regulate the society and economy and ensure the full flowering of the Islamic norms of behaviour. Among the function of hisba is to maintain public law and order.[2]

1.2 Statement of Problem
a) Are statutory provisions adequate to curb public vandalism against public properties? b) Who is the authority responsible to monitor public properties? c) What are the public duties towards public properties?

1.3 Hypothesis
a) Statutory provisions regarding public properties are inadequate if there is lack of enforcement by the public authorities. b) Briberies and incompetence on the part of enforcement officers played vital role in the failure to control vandalism against public properties. c) Public awareness and fear of punishment by the God are also vital in order to make the public care for the public properties.

CHAPTER 2
PUBLIC PROPERTY AND PUBLIC AUTHORITY

It is important at this point to seek the definitions of public property and public authority before moving to further discussion on public duties towards public properties.

2. What is Considered as “Public Property?”
It appears that there is no definition found in the statutes such as the Interpretation Acts[3], the Local Government Act[4], the Street, Drainage and Building Act[5] and the Penal Code[6].

However, legal dictionaries provide that a “public property” is a property owned by the government or one of its agencies, divisions, or entities. Commonly a reference to park, playgrounds, streets, sidewalks, schools, libraries and other property regularly used by the general public.[7]

It is relevant at this point to propose that rivers, trees and other nature creations by the Almighty Allah subha wa ta ‘ala are also considered as public properties. In Islam, all things belong to Allah absolutely whilst man’s ownership in the property is dependant on his ability to utilise it for the general benefit of the ummah.[8]

2.1 Who is the Public Authority in Charge of the Public Properties?
Section 63 of the Local Government Act[9] (LGA) provides:
“a local authority shall have the general control and care of all places within the local authority area which have been or shall be at any time set apart and vested in the local authority for the use of the public or to which the public shall at any time have or have acquired a common right.”

Who is then considered as the local authority? Section 2 of the LGA[10] provides that “local authority” means any City Council, Municipal Council or District Council, as the case may be, and in relation to the Federal Territory means the Commissioner of the City of...

References: 2. Anwarullah, The Criminal Law of Islam, A.S. Nordeen, Kuala Lumpur, 1997.
3. Ibn Taymiya, Public Duties in Islam, The Institution of the Hisba, The Islamic Foundation, United Kingdom, 1982.
3. Mohammad Tahir Haji Mohammad, Rights and Duties in Shari’ah Common Law, Ilmiah Publishers, Petaling Jaya, 2003.
4. Muhamad Akram Khan, Appendix written in Public Duties In Islam, The Institution of the Hisba, The Islamic Foundation, United Kingdom, 1982.
5. Salleh Buang, Malaysian Torrens System, Dewan Bahasa dan Pustaka, Kuala Lumpur, 1989.
4. Interpretation Acts 1948 and 1967 (Consolidated and Revised 1989) Act 388
5
[1] Ibn Taymiya, Public Duties in Islam, The Institution of the Hisba, The Islamic Foundation, United Kingdom, 1982, at p. 6.
[3] 1948 and 1967 (Consolidated and Revised 1989) Act 388
[4] 1976, Act 171
[33] Abdul Razak bin Ahmad (personal discussion, 22nd February 2007)
[34] Cowan, M., A dictionary of Modern Written Arabic’
[35] Muhamad Akram Khan, Appendix written in Public Duties In Islam, The Institution of the Hisba, The Islamic Foundation, United Kingdom, 1982, at p. 135.
[45] Ibnu Taymiya, , Public Duties in Islam, The Institution of the Hisba, The Islamic Foundation, United Kingdom, 1982, at p.23.
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