International Journal of Social Science Research (IJSSR) eISSN: 2710-6276 | Vol. 4 No. 2 [June 2022]
Journal website: http://myjms.mohe.gov.my/index.php/ijssr
THE IMPLEMENTATION OF MAQĀSĪD SYĀRI̕AH IN FATWĀ COVID-19 IN SABAH
Ahmad Tarmizi Abdul Rahman1*,Nor-Ina Kanyo2, Nurul A’fifah Muarifin Sufianto3 and Santi Hairuddin4
1 3 4 Faculty of Islamic Studies, Universiti Malaysia Sabah, Kota Kinabalu, MALAYSIA
2 Faculty of Social Sciences and Humanities, Universiti Malaysia Sabah, Kota Kinabalu, MALAYSIA
*Corresponding author: [email protected]; [email protected]; [email protected];
Article Information:
Article history:
Received date : 6 April 2022 Revised date : 15 May 2022 Accepted date : 21 June 2022 Published date : 25 June 2022 To cite this document:
Abdul Rahman, A. T., Kanyo, N., Muarifin Sufianto, N. A., & Hairuddin, S. (2022). THE IMPLEMENTATION OF MAQĀSĪD SYĀRI̕AH IN
FATWĀ COVID-19 IN SABAH.
International Journal of Social Science Research, 4(2), 79-88.
Abstract: Maqāsīd Syāri̔ah is an important component in the religion of Islam, especially understanding the text and syara̕ evidence. It is also the meaning and purpose required by the syara̕ in prescribing a law to ensure the welfare of mankind. Apart from that, it also has its own importance in measuring and considering something in order to protect the welfare and reject mafsadah.
Following the Covid-19 pandemic that hit the world, all muftis throughout Malaysia have used this method in giving the verdict related to practical of worship throughout the pandemic. The application of the elements of maqāsīd syāri̔ah is able to ensure the safety and well-being of the ummah to be in line with the demands and tenets of Islam. This article will also discuss the role of maqāsīd syāri̔ah in dealing with the Covid-19 pandemic. The research method used is a quantitative method by using questionnaires to obtain virginity and information accurately. This study finds that the role of maqāsīd syāri̔ah in the principle of dharuriyyāt al-khams; is to maintain the originality of religion, good life, sober mind, descendanty, and property is able to prevent the transmission of Covid-19.
Iis also referred to the principle of dharuriyyāt in helping various issues that arise especially the fatāwā
(verdicts) that have been decided by ruling authorities.
Thus, understanding the role of maqāsīd as a whole can ease people in performing worship according to the Islam.
Keywords: Maqāsīd Syāri̔ah, Fatwā, Covid-19, Outbreaks, Prevention.
1. Introduction
In early 2020 and until now, the whole country is being hit by an epidemic of the disease that is Coronovirus or better known as Covid-19. Covid-19 is a virus that can cause infections of the respiratory tract. Coronavirus (CoV) is a part of the virus that has caused a variety of diseases from the flu to more serious diseases such as MERS-CoV and SARS-CoV. Covid-19 infection results in a spectrum of symptoms from the common cold to severe pneumonia. The World Health Organization (WHO) has declared Covid-19 as a pandemic of an infectious disease that has claimed many human lives around the world (Ministry of Health Malaysia, 2020).
Novel Coronavirus (2019-nCov) is a new species that has never been discovered by humans (Ministry of Health Malaysia, 2020). The disease known as Coronavirus is named Covid-19 or Coronavirus 2019 by the World Health Organization (WHO). The Coronavirus outbreak started from the megacity of Wuhan, Hubei China which has a population of over 11 million capacities. Due to the sudden spread of the epidemic throughout the country, on January 30, 2020, the organization has declared the Coronavirus 2019 or Covid-19 outbreak as an International Public Health Emergency (PHIEC) due to the increase in positive cases and increased deaths around the world due to this Coronavirus outbreak. As of this writing (February 1, 2022), based on Covid-19 case statistics released by the World Health Organization (WHO), Covid-19 positive cases recorded worldwide are 392,612,632 cases, 5,747,504 cases involving loss of life and comprising of 225 countries, areas, and regions around the world (World Health Organization, 2022).
The impact of this epidemic, there are several issues and problems that occur in the country to prevent the problems related to this pandemic. Various issues and questions are thrown about the physical and social effects of this epidemic and need a solution in terms of religious law in particular. Various things have changed so that there are new norms that need to be passed by society, including religious activities that need to be adapted to the current situation.
In the early pandemic around two years ago (18 March 2020), some religious acts have changed immediately due to the instructions issued by the government. Among them is the postponement of congregational and Friday prayers in surau and mosques, including Aidilfitri and Aidiladha prayers, Hajj should be performed only for residents around illegal lands, the inhabitants of Mecca and Medina, the marriage contract is also carried out online, doing zakat payment transactions online and other matters that arise during this epidemic. Therefore, these issues need immediate answers and explanations to provide the best solution for the Muslim community, especially because it involves obligatory worship. This matter needs to be referred to the two main sources of religion, namely the al-Qur̕an and Sunnah.
2. Research Methodology
This essay is related to research entitled “Spiritual Effects of Sufism in the Period of Movement Control Order (MCO) Covid-19 in Selected Areas in Sabah”. As the data of article content is quantitative data. Some of the information such as was extracted from the original research.
Data acquisition is through a questionnaire that contains 44 compulsory questions to be answered by respondents. The questionnaire consists of 3 parts, namely part A of the demographic profile of the respondents, part B of spiritual mysticism during the
MCO/RMCO/CMCO order period, and part C of fatwā practices that only focus on certain groups such as staff or officers of JAKIM, imams and knowledgeable people.
Maqasid Syariah and its Division
In general, there is less explanation shared to describe the definition of maqasid syariah by previous scholars (Siti Zaleha Ibrahim et. Al., 2021). The word maqasid is a plural word derived from the word maqṣad and the basic word qasada which means straightness of the path. Al-Ghazali (1993) states that maqāsīd is goodness (maslahah) that brings benefits and rejects all harms. This is due to the obligation to maintain the welfare of five goals, there are hifḍ ad-dīn (the welfare of religion), hifḍ an-nafs (the welfare of life), hifḍ ‘aql (the welfare of sober mind), hifḍ an-nasb (the welfare of descendanty), and hifḍ al-māl (the welfare of property). While, al-Jurjānī given the definition of syariah is "instruction to worship Allah SWT" by in his book, Kitab at-Ta'rifat (Muhammad Zulkifli, 2021).
The debate on meaning in terms of terminology was pioneered by contemporary scholars such as Shaykh Muḥammad aṭ-Ṭahir and al-Raysūnī. Throughout the views of Shaykh Muḥammad aṭ-Ṭahir, the maqāsīd in sharia is the wisdom that focus on ruling (giving verdict) and the way how to rule (to use verdict properly) (Shaykh Muḥammad aṭ-Ṭahir, tt). While Aḥmad al- Raysūnī also defines the maqāsīd syāri̔ah as a purpose determined by syara̕ for the good of muslims (Aḥmad al-Raysūnī, 1992).
Based on the view of Imam asy-Syātībī, everything divided into three categories, namely basic importance (dhārūriȳat), common needs (hājīyyāt), and additional values (tahsīnīyyāt) (al- Syatibi, 2003). The first is dhārūriȳat which carries the meaning of necessity up to the point of emergency. All five principles stated by Imam al-Ghāzāli are included in the basic importance (dhārūriȳat). The second is hājīyyāt which gives convenience to human beings. If hājīyyāt is not fulfilled, it does not turn into an emergency like dhārūriȳat but can cause hardship to human beings. Third, tahsīnīyyāt is to beautify and cultivate good deeds to an individual or society from moral excellence by choosing the best method. (al-Syatibi, 2003). According to al-Yubi (1998), tahsīnīyyāt is located last in its division, it does not cause harm, and leaving it will not cause inconvenience. In fact, its importance will contribute something which is beautiful and perfect to human beings (Nur Kamilah Kamaruddin et. al., 2021).
3. Discussion and Findings of the Study
Some of the questionnaires that have taken from the original research are these.
Item Fatwa Technical Components Yes No Not Sure Others
1
If the community life important and fundamental in Islam?
• 1 person (4.8%) did not give an answer
19
(90.5%) - 1
(4.8%) -
2
Do you agree that leaving community life (example: congregational prayer activity) can loosen the relationship all brotherhood among Muslims?
18 (85.7%)
2 (9.5%)
1
(4.8%) -
3
Do you agree if I state that JAKIM's national fatwā is literally related to the congregational prayers during the implementation period of MCO/RMCO/CMCO contradicts the sunnah of the Prophet Muhammad SAW?
9 (42.9 %)
10 (47.6 %)
1
(2%) -
• 1 person (4.8 %) did not give an answer
4
Has JAKIM's national fatwā related to MCO/RMCO/CMCO disrupted community life in terms of spiritual matters?
14 (66.7 %)
6 (28.6 %)
1
(4.8 %) -
5
Should Friday prayers be banned during
MCO/RMCO/CMCO? 7
(33.3 %)
12 (57.1 %)
2
(9.5 %) -
6 Should congregational prayers be banned during MCO/RMCO/CMCO?
7 (33.3 %)
13 (61.9 %)
1
(4.8 %) -
7
Is it appropriate for the number of individuals to be limited to pray congregationally in the masjid/surau during MCO/RMCO/CMCO?
9 (42.9 %)
9 (42.9 %)
3
(14.3 %) - 8 Can a fatwā be issued based only on
views/assumptions (hypotheses) only?
4 (19.0 %)
16 (76.2 %)
1
(4.8 %) -
9
Can a fatwā as a matter of furu’ (branch) can be used to overcome the matter of principle (usul). (Example: it is forbidden to perform congregationally prayer in the mosque during the period of MCO/RMCO/CMCO. Can it overcome the command (principle ruling) in Islam to perform prayer congregationally in masjid)
• • 2 people (9.5 %) did not state the answer
9 (42.9 %)
8 (38.1 %)
2
(9.5 %) -
10 Can the position of maqāsīd syāri̔ah be equivalent to the position of “nas”?
4 (19.0 %)
11 (52.4 %)
6
(28.6 %) - 11
Is JAKIM's national fatwa related to MCO/RMCO/CMCO in line with the maqāsīd syāri̔ah?
10 (47.6 %)
6 (28.6 %)
5
(23.8 %) - 12 Should JAKIM refer to differences of opinion
before issuing a fatwā?
15 (71.4 %)
3 (14.3 %)
2 (9.5 %)
1 (4.8 %) 13
As an order from the government alone enough to restrain Covid-19 without involving the issuance of a fatwā?
3 (14.3 %)
16 (76.2 %)
2
(9.5 %) -
14 Is the position of “nas” higher than the maqāsīd syāri̔ah?
19 (90.5 %)
1 (4.8 %)
1
(4.8 %) -
Table 1: Fatwa Technical Components
Table 1 above is the result of the findings of the study which is targeted at informants of more focused groups such as JAKIM, JHEAINS, some Imams, and religious figures involved in the study area. This article is closely related to the previous article entitled ‘Interpretation of Fatwas during Covid-19 in Sabah (2019-2021)’. These questions are referred by Prof. Madya Dr.
Ahmad Tarmizi and his researchers in their studies of ‘The Importance of Tasawuf Practice Among the Community During the Movement Control Order (MCO) In Kota Kinabalu’. There are fourteen (14) fatwa technical components examined in this section. Out of fourteen (14) fatwa technical components that were highlighted, there were seven (7) components that got the choice of ‘yes’ or ‘agree’ by a majority.
The Implementation of Maqasid Syariah in Dealing with COVID-19
According to the fourteen (14) component items on display, there are three (3) items that refer to the title of the article written. The tenth item (10) on whether the position of maqāsīd syāri̔ah can be equivalent to nas shows that 11 informants (52.4%) had said no. This indicates that the informant said that the maqāsīd syāri̔ah should not override the existing nas for one to prevent a contagious epidemic at this time. Next, the eleventh item (11) on whether JAKIM's national fatwa related to MCO/RMCO/CMCO is in line with the maqāsīd syāri̔ah shows that 10 informants (47.6%) said yes. The informant's answer on the two items is not significant because it is possible that the informant is not sure with the views are given by the National Fatwa Council to prevent the spread of the Covid-19 epidemic. Finally, the fourteenth item (14) concludes with a related question on whether the position of “nas” is higher than the maqasid syariah showed 19 informants agreed (90.5%) that the position of “nas” is higher than the maqāsīd syāri̔ah.
Based on the concept of maqāsīd syāri̔ah described, previous studies and writings have stated that credibility in syariah aims to preserve or maintain human goals which include three main principles namely basic needs (dhārūriyāt), common needs (hājīyyāt), and additional values (tahsiniyyat) (al-Syatibi, 2003). Referring to the epidemic that is plaguing the world today, the Muzakarah Committee of the National Fatwa Council for Islamic Religious Affairs Malaysia (MKI) has met four times during the Covid-19 pandemic (Azri Bhari & Mohd Hapiz Mahaiyadin, 2021). This has shown a significant change in the implementation of the worship practices of the muslim community. Based on the fatāwā that have been decided, changes to the Covid-19 fatwas are needed to achieve the maqāsīd syāri̔ah towards maslahah (goodness) and rejects mafsadah (badness).
Through a study (Muhammad Zulkifli, 2021) that examines from the perspective of the National Fatwa Council and the States in Malaysia on the implementation of maqāsīd syāri̔ah in facing the Covid-19 pandemic found that the fatāwā that were decided during the Covid-19 pandemic were in line with the maqasid method which still uses the methods of the Quran and Sunnah. Among the fatāwā discussed by the Fatwa Council were the closure of mosques, implementation of standard operating procedures (SOP) of masājid and suraus, postponement of pilgrimage, the proclamation of emergency, and the adoption of the Covid-19 vaccine. The fatāwā issued also did not stray from the four schools of Islam, namely Hanafi, Hanbali, Maliki, and Syafie, and complied with the five principles of maqāsīd syāri̔ah. While the incitement announced to violate the fatwa in fact does not comply with the maqāsīd syāri̔ah but only endangers human beings and those around them. However, the decision of this fatwā is only temporary until the Covid-19 epidemic is stable, then religious affairs must return to their original form. It is very important for the public and authorities’ people of religion affairs to understand the real discipline in interacting with worship during the Covid-19 pandemic as well as to prevent malicious allegations and slander thrown to the National Fatwa Council and the States in Malaysia. Therefore, it is important to seek knowledge based on the correct methods (manhaj) and discipline of knowledge because it is the priority and responsibility of human beings who are experts in knowledge. As in the words of Allah SWT in surah at-Taubah verse 122:
Translation: “And it is not for the believers to go forth [to battle] all at once. For there should separate from every division of them a group [remaining] to obtain understanding in the
religion and warn [i.e., advise] their people when they return to them that they might be cautious.”
In addition, a study by (Nur Kamilah Kamaruddin et. al., 2021) examined the implementation of maqāsīd syāri̔ah in the practice of physical distancing in congregational prayer in the mosque. The results of the study found that performing physical distancing during congregational prayers in the masjid during the Covid-19 pandemic was in line with the Islamic goal of preserving religion and life. This is based on the view of some namely the consideration of maslahah dharūriyyāt and tahsīnīyyāt as well as the application of fiqh. In this study, the researcher said that it is necessary to understand about physical distancing during congregational prayers is not to ignore religion. In fact, preserving life is also the original purpose of preserving religion. Therefore, they can perform worship well if the Muslims are in good condition and healthy based on the principle of maintaining the religion. Allah SWT has explained in surah al-Baqārah verse 195:
Translation: “And spend in the way of Allah and do not throw [yourselves] with your [own]
hands into destruction [by refraining]. And do good; indeed, Allah loves the doers of good.”
The verse which is a general proposition above has shown that Islam insists on the care of dhārūriyyāt al-khams. Murtadha Abd Rahim (2020) states that Islamic law has commanded human beings to stay away from all harms. Therefore, trying to protect oneself from epidemics is obligatory as obedience to the command of Allah SWT in protecting lives from harm.
Siti Zaleha Ibrahim et. al. (2021) in their study have mentioned the demands of maqāsīd syāri̔ah in practicing a healthy lifestyle. Changes that are often made with adherence to the Standard of Procedure (SOP) in the Movement Control Order (MCO) to some extent affect the practice of a healthy lifestyle in the community. In fact, the level of mental health of Malaysians is at an alarming level. According to Sherina Mohd Sidik (2020), students who live in the Institute of Higher Education during the Movement Control Order (MCO) affect the emotional health of students because they have to be away from family for a long time and cannot do their favourite routine activities. The correlation between a healthy lifestyle and maqāsīd syāri̔ah has shown that the practice of a healthy lifestyle can realize the demands of maqāsīd syāri̔ah which is to protect religion, life, and a sober mind.
Practicing a healthy lifestyle is very important to realize the demands of the maqāsīd syāri̔ah, which is to keep the wellness of a sober mind. A healthy body encourages the performance of religious teachings, namely prayer, fasting, zakat, and hajj. Therefore, the practice of a healthy lifestyle is one of the indirect methods that can maintain religion (Zulkifli al-Bakri, 2019).
Rosni Wazir (2020) also thinks that physical well-being and endurance can help a healthy mind and the opposite happens if you do not take care of the health of the mind. It is clear that in taking care of the sober mind, one must leave all things that bring harm that can damage the mind and can make muslims in particular fall into the trap of darkness such as smoking drugs and drinking alcohol.
Other than that, Azizan Abdul Rahman & Nurwati Ashikkin Ahmad Zaluki (2020) also studied the principles of maqāsīd syāri̔ah in preventing the transmission of coronavirus (Covid-19) according to the Islamic perspective. The findings of the study found that the prevention of Covid-19 transmission belongs to the principle of dhārūriyyāt which is to take care the welfare of life (hifḍ an-nafs). As a government that maintains the peace of the people, it is a
responsibility to keep the lives of its people always in peace and tranquillity. One of the responsibilities that have been done is to implement the Movement Control Order (MCO).
According to researchers, the Movement Control Order (MCO) is not to restrict social and religious activities. However, to protect the maslahah dhārūriyyāt from the spread of the epidemic. When the situation has recovered, social and religious activities will be carried out as usual. The government's action to restrict all social and religious activities such as congregational prayers and Friday prayers is based on the syariah brought by the Prophet SAW, which is to provide facilities and lift difficulties. Allah SWT's words in surah al-Baqārah verse 185:
Translation: “Allah intends for you ease and does not intend for you hardship.”
The study of Abdul Halim Abdul Karim et. al., (2020) aims to identify the level of understanding and knowledge of the Muslim community in the state of Pahang on the implementation of maqāsīd syāri̔ah in dealing with the Covid-19 epidemic. The results of the study found that the level of understanding of the knowledge of the muslim community in the state of Pahang is good. There are several facilities provided by the state of Pahang during the Covid-19 pandemic such as setting conditions and procedures for the implementation of the marriage contract with not more than 8 people and the ceremony must be done at the District Islamic Religious Office in the state of Pahang (Pahang Islamic Religious Department, 2020).
The procedures and measures that have been set by the government are appropriate and in line with the maqāsīd syāri̔ah, which is to protect the lives and protect the descendants of Muslims from committing acts of immorality during the pandemic. Nevertheless, researchers have suggested that the authorities should ensure that the emergency parameters experienced by Muslims to allow things that are prohibited are only in accordance with the prescribed rates. In other words, once the state of the country has stabilized from the Covid-19 outbreak everything should be back to normal.
Through a study (Abdul Halim Abdul Karim et. Al., 2020) aims to examine the maslahah in the Movement Control Order (MCO). The finding of the studies shows that the Movement Control Order (MCO) carried out by the Malaysian government has complied with the maslahah organized by Islamic law to protect the health and lives of the public from the Covid- 19 epidemic. This also coincides with one of the maqāsīd syāri̔ah principles which are to protect the welfare of life (hifḍ an-nafs) and the welfare of property (hifḍ al-māl). According to Irwan Mohd Subri (2016), taking care of life can be done by preventing entry and exit from one place to another and preventing patients from infecting others. Meanwhile, taking care of property can save money if preventive measures are carried out from the beginning. As in the hadith of the Prophet:
Translation: “Cover the vessels and tie the waterskin, for there is a night in a year when pestilence descends, and it does not pass an uncovered vessel or an untied waterskin but some of that pestilence descending into it.”
(Sahih Muslim, No. 2014) Dr. ‘Abdelhak Hamiche (2020) who is a Lecturer at Hamad bin Khalifah University, Qatar has stated that “Isolation and quarantine are two ways told by the Prophet SAW to prevent the spread of the epidemic. It can be seen that epidemics and diseases have occurred less in Islamic countries than in Europe history. This demonstrates the uniqueness of Islam which lays down a means of preventive treatment for which the modern world has recognized its effectiveness.
Islam has a broad framework in medical issues, treatment, and health aspects that the fundamental pillar is to take care of life, limbs, and mind (‘aql), which has been emphasized as well as to preserve and take care of them. Therefore, Allah has ordered His Messenger to take medicine.”
Lastly, Musa Ahmad et. al. (2020) also argued that the use of soap and hand sanitizer is considered as a contribution to the field of science and upholds the initiative in the maqasid syariah. In his study on ‘Contribution of Chemical Science in Curbing Viral Infections and Upholding the Maqasid Syariah’, he linked three dimensions, namely the Covid-19 pandemic, chemical science, and the maqāsīd syāri̔ah. The connection of these three dimensions can produce a new synergy to curb the spread of the Covid-19 pandemic. According to researchers, the importance of chemistry in life is very close to the daily life of society such as understanding the process of respiration which desperately needs oxygen and releases carbon dioxide. Chemistry is also discussed in the al-Qur̕an, as in the words of Allah SWT surah al- Zalzalah verses 7 and 8:
Translation: “So whoever does an atom's weight of good will see it (7), And whoever does an atom's weight of evil will see it. (8)”
Among the factors that have encouraged the exploration of chemistry is that they need to interpret the verses of the Qur'an for the sake of the balance of the universe (Musa Ahmad et.
Al., 2020). According to (Saiful, 2009) many scientists in the field of chemistry among Muslims such as Jabir bin Hayyan al-Kufi (738M-813M) whose research is widely published into a relatively complete encyclopedia of chemistry that can be referred to. The relationship between these three dimensions indicates that the role of chemistry is very important in the control of Covid-19 in order to protect the lives of the community in order to protect human beings against Covid-19 epidemics. With the increasing mortality statistic (2020) society needs to understand that the principle of preserving is important by using disinfectants or ‘hand sanitizer’.
Therefore, the researcher thinks that there are many roles of maqāsīd syāri̔ah that have been explained through previous studies. These studies have proven that the effectiveness of the maqāsīd syāri̔ah in helping some of the difficult things to safeguard the welfare of society, especially muslims throughout the country. However, researchers do not fully adopt that the use of maqāsīd syāri̔ah in the current covid-19 epidemic situation should be applied to every religious activity regardless of “nas” such as the al-Quran and Sunnah.
In conclusion, all the above studies show that the maqasid syariah is an important component in Islam, especially in understanding the “nas” and verdict. Therefore, maqāsīd syāri̔ah is able to safeguard the welfare of the community, especially during the Covid-19 pandemic today.
4. Conclusion
The current situation and current challenges following the Covid-19 pandemic have changed the pattern of human daily life. Islam as a religion that gives blessings to the whole world is proven to be able to provide solutions. The spread of the Covid-19 epidemic has taught us something that not only does it take care of human life as a whole, but also the importance of returning to deepen knowledge of the teachings of the al-Qur̕an and Sunnah with a true understanding. This refers to how many Muslims are always blind in seeking knowledge by following the understanding of lust and not following the path of the scholars. However, the widespread application of maqāsīd syāri̔ah today is very worrying because it is feared that there are external influences that cause members of Muzakarah Fatwā as well as ulama in resolving issues related to religion. Therefore, it is important for human beings in seeking knowledge based on the correct discipline of knowledge.
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