3.5. INGENIERIA DEL PROYECTO
3.5.2. REQUERIMIENTOS DEL PROYECTO Y DISTRIBUCION DE PLANTA
3.5.2.3. Requerimiento de maquinaria y equipo
6. ibid.. p. 22
;Æ • - I 7. Syed Farid Alatas, op.cit,. p. 163. ; S. Q. Fatimi, Islam Comes | to Malaysia. Singapure : Malaysian Sociological Research Institute Ltd.
1963. p. 67.
I
% 8. R. R. De Meglio, 'Arab Trade with Indonesia and the Malay » Peninsula from the 8th to the 16th century', in D. Ds. Richards, ed. Islam
and the Trade of Asia. Oxford : Bruno Cassier. 1970. p. 116. ; Syed Farid al-Attas, op.cit.. p. 164.
9. D. G. E. Hall, A History of South East Asia, London: Macmillan and Company Ltd. 1955 . p. 43.
10. Ibid,, p. 140,191
11. S.Q. Fatimi. op.cit,. pp. 73-75 ; R. O. Winstedt, Notes on the History of Kedah, IM B R A S. vol XIV. London. 1936. part 3 pp.155-189
12. G. M. Khan, op.cit,. p. 22
13. R. O Winstedt, op.cit. pp. 155-189.
14. M uhammad Hasan bin To' Kerani M uhammad Arshad, Al- , | Tarikh Salasilah Negeri Kedah, Kuala Lumpur: Dewan Bahasa dan
Fustaka, 1968. p. 26
15. T.W. Arnold, The Preaching Of Islam : A History of the Propagation of the Muslim Faith. Lahore : Sh. Muhammad Ashraf. 1968. p. 378.
16. Abdullah Ishak, op.cit.pp. 48-49
17. G. Muhammad Khan, op.cit,. p. 23 ; Abdullah Ishak, ibid,, p. 49 18. G. A. Hodgson, An Introduction to The Kedah H istory,. Published in the Annual Reports of the United Kedah Planting Association, 1963. pp. 11-12.
19. Syed Muhammad al-Attas, Preliminary Statement on a General Theory of the M alay-Indonesia Archipelago. Kuala Lumpur : Dewan Bahas dan Pustaka. 1960. p. 11. ; Abdullah Ishak, op.cit,. p. 44.
20. H.I.Ismail, Sejarah Kedah, Kedah:Uni. Utara Malaysia, 1987. p. 5. 21. Abdullah Ishak, op.cit,. p. 45.
22. R. Emerson, Malaysia: A Study of Direct and Indirect R ule. K uala L um pur, 1966 p p .235-236. ; K enneth R oberts-W ray, Commonwealth and Colonial Law, London: Steven and Sons, 1966. p. 716.
23. Othman Haji Ishak, Fatwa dalam Perundangan Islam, Kuala Lumpur: Fajar Bakti, 1981 p. 46.
24. ibid,, pp 46- 47.
25. G. Khan, op.cit.. p. 25.
26. R. O. Winstedt, Kedah Laws, IM B R A S, vol;VI pt. 11.1928, p. 8. 27. Kodin b. Komis, Undang-Undang Kedah, Legal Advisor's Office Law. (K/P. U. I, 1970) Arkib Negara, Introduction part. ; Abu Bakar Abdullah, Kearah Perlaksanaan Undang-Undang Islam di M alaysia: Masalah dan Penyelesaiannya. Pustaka Damai, 1986. p. 60
28. ibid,, p. 61
29. Wan Yahaya bin Wan Mohd Taib, Salsilah atau Ta'rekh Keraiaan Kedah, Alor Setar. 1329 H p. 23.
30. Fail S. U. K. Kedah Bil : 477/32.
31. Ahmad Ibrahim, Kearah Penyelarasan Undang-Undang Islam di Malaysia. Tournai Hukum . 1987 (Jun). p. 244.
32. "Peningkatan M ahkam ah Shari'a dan H ukum Shari'a di M alaysia'. Seminar Pentadbiran U ndang-undang Islam , Peringkat Kebangsaan, 28-29 hb Mei 1990. Dewan Konvokesyen Wisma Darul- iman, Terengganu, p. 7.
33. Ahmad Ibrahim and Ahilemah Joned, The Malaysian Legal System. Kuala Lumpur : Dewan Bahasa dan Pustaka. 1987. p. 55.
34. ibid,, p. 54 ; R. J. Wilkinson., 'Papers on Malay subjects'. Law. Kuala Lumpur. 1971.
Ibn Qudama, lays down the three following conditions for the office of q adi. First the qadi should be a kamil (perfect), that is of two kinds; kamil al-ah k am and kam il al-khilqah. K am il al-ah k am means the conditions of being eligible to perform general religious duties, and these conditions are being adult, sane, free and male. By kamil al-khilqah is meant not to suffer from physical unfitness, that is, the appointee should be sound of organ of speech and sound of organ of hearing and sight. Second a qadi should be 'adl and, third a qadi should be a m ujtahid.5
-a Chapter II
Analysis of the criteria required to become a Qadi
Islamic Law has imposed certain conditions to become a q ad i (judge). A candidate m ust fulfil these conditions before he could be approved to exercise his own judgment in the lawcourt. According to some fuqaha' there are as many as about fifteen ^ conditions of eligibility for the office of qadi whereas some fuqaha' said there are seven, ^ and some fuqaha' reduce them to only three. ^
In brief, the writer of al-Hidaya gives the following conclusion that a minor who has still not attained the age of puberty cannot be a qadi; a non-Muslim is not eligible to become a qadi; an insane person cannot be a qadi; a person convicted of qadhf (slandering with accusation of adultery) loses his competency for the office of qadi; a fasiq is competent to become a qadi, though the appointing authority should not select a fasiq for the office of qadi; and a woman may be appointed as qadi in those cases wherein her evidence is admissible. ^
While Ibn Farhun gives the following list of the qualifications of a
Sex.
Scholars have different views on this condition. Some scholars are not agreed to give the post to a woman. The majority of the Muslim scholars expressed the view that the judge had to be a man, ^ and they forbid a woman to act as qadi. A woman is altogether disqualified to hold the office. When a woman has been appointed, her appointment and her judgment can be dismissed and the one who appoints her is a sinner. ^
However Abu Hanifa thought that a woman could exercise jurisdiction when her testimony was valid. ^ The reason lies in the fact that the rules of jurisdiction are derived from the rules of evidence. ^ ^ Their testimony is valid only in civil cases, which means a woman
'"I
- , ..j:
qadi, being Muslim, sane, male, free, adult, 'adl. knowledgeable, being # one (in a circle of jurisdiction), sound of hearing, sound of sight, and
sound of speech. 6 Regarding these, certain conditions are ijma'i, agreed upon by all the fuqaha', and the rest not ijma'i, not recommended by all the fu q ah a'. Yet no matter how they differ one from another, they all seem to hold that conditions are necessary. That means Muslim scholars have asked for certain conditions to become a q ad i, but they have different views about the number of conditions. These conditions in detail concerned the following matters:
%
can be appointed as a judge in all cases except in cases involving fixed penalties (hudud) and retaliation (qisas).
Al-Tabari, unlike all the other scholars, moved further by having % the opinion that a woman is qualified for the office of judge in the same
way as a man in all cases, even hudud and qisas. When a women has been appointed, the one who appoints her is not a sinner and her judgment is acceptable. Madhab al-Khawarij agreed with al-Tabari.
a
ShafiT argued against Abu Hanifa saying that if a woman were to be allowed to Judge civil cases, she could not be prevented from becoming a judge in criminal ones as well as a naan. A e other
reason for the objection is women are dependent on a ihàh, therefore i accordingly they were not capable of carrying out this responsibility.
_ J
According to al-Mawardi(d. 450/1059) a man and not a woman, should ^ | hold leadership because a man is more intelligent and has a higher
level of understanding than a woman.
ShafiT in arguing this matter had
given arguments n'om OnKan
and H adlth. From the Q u r'an , "Men aremaintainers of woman, by
reason that Allah has made some of themto excel oth^s". With
regard to this verse, leadershipin
thiscontext
of
àman's
responsibility to a woman in nafaqah, and indehyenng Jurisdiction.
Moreover, it is obvious that leadership is restricted to meh, as women w ere regarded as inferior in adm inistration and physical stt^ehgth. However, some scholars argue that this verse of al-O ur'an can be used only as evidence to allow husbands to reprimand th e if^ v e s . 'In addition, a judge has to deal with men in hearing cases, however women are not allowed to have dealings such as this to avoid temptation. 20 Muslim rulers, during the reigns of al-Rashidun and even after that period selected for the post of qa^ only those male pm ^ns who were erudite and proficient, because the function of q aÿ, as
in the following chapter, is to assist the. ruler his responsibility. Another scholar aald Bwtt period of th é.^ rop h et 21
*' ' ^
administering jsmdent justice she the responàWlifies of the ruler.
fewer duties from the religious point ^f advantageoüs^âjian^ that erf niari- ^
,:,'S. t s
Women are also forbidden to execiittIff- ' • ■■ . ■ not capable of leading prayers In - th^
qadi is to lead the congregational prayers J prayers. This is a religious duty and %e leader in these prayers, so this is gte
a qadi. 23 “ . ..ïe ST