UNIVERSITI KUALA LUMPUR

BUSINESS SCHOOL
JANUARY SEMESTER 2020
________________________________________________________

GROUP ASSIGNMENT
USUL FIQH AND QAWAID FIQHIYYAH
(EBB20203)
THE MEASURES TAKEN BY THE GOVERNMENT DURING COVID-19 CRISIS
WITH SPECIAL REFERENCE TO HOMELESS PEOPLE BY APPLYING MASLAHAH
MURSALAH
________________________________________________________

GROUP:
IF20

PREPARED BY:

1. AINNA NAJWA BINTI ZUBIDI 62211119189

2. AMIERUL MUHAMMAD BIN ZOLKEFLY 62211119535
3. ANIS SOFIA BINTI BAHARIN 62211119018
4. ARIF SOFWAN BIN ABDUL MAJID 62211119666

PREPARED FOR: NORAIDA SHAHLIZA BINTI MD GHANI

SUBMISSION DATE:
22TH MAY 2020
 TABLE OF CONTENT

Page
1.0 Background of the Issue 1-2
2.0 Application of Maslahah Mursalah
2.1 Five Conditions of Maslahah Mursalah
2.1.1 Genuine 3
2.1.2 Kulliyah 4
2.1.3 It operates accordance to principle of Shariah 4
2.1.4 Rational and Acceptable 4
2.1.5 Prevent and Remove Hardship from The Homeless
4
People
3.0 Supporting Qawaid Fiqhiyyah 5-6
4.0 Recommendation for a Betterment
4.1.1 Giving Free Education for The Homeless Children 7
4.1.2 Provide the Shelter for The Homeless to Stay
7
Permanently with Low Rental Cost
4.1.3 Giving More Permanent Job for The Homeless in
7
Private Sector
4.1.4 Provide Healthcare Equipment Such as Face Mask,
Hand Sanitizer etc. That Suit Them Within This 7
Covid-19 Pandemic outbreak all the time
5.0 Conclusion 8
Bibliography 9
1.0 BACKGROUND OF THE ISSUE

Homeless mobs are a homeless community and they are usually located in big cities like Kuala
Lumpur. The existence of this group is due to a variety of complex and demanding factors,
including urban poverty, displaced families, ex-prisoners, mental disorders, and alcohol or drug
addicts. According to a report released by the United Nations Commission on Human Rights
(UNCHR, 2005), a total of 10,459 United Kingdom (UK) homeless people were found sleeping
on the street while 98,750 temporary residents lived.

In Malaysia, this issue is also included in the national statistics report. Statistics released
by the Department of Social Welfare (JKM, 2012) through a presentation in Parliament show
that the number of homeless people in Malaysia from 2007 to 2011 was 7,833 people who had
been rescued by the JKM. Various approaches have been implemented on the issue of
homelessness through the cooperation of the Ministry of Women, Family and Community
Development with relevant agencies such as JKM and Non-Governmental Organizations
(NGOs).

Among the government's efforts in addressing homelessness are the rescue operation and
the Population Act 1977 (AOP) related to the homeless and the Rural Welfare Institution (age 59
and under), Rumah Seri Kenangan (60 years and above) as well as appropriate financial
assistance according to the homeless case.

In Kuala Lumpur, the government has set up a Anjung Singgah administered by the
National Welfare Foundation (YKN). Anjung Singgah is a social service center that helps
potential homeless people change. Emphasis on counseling, guidance and motivation is put in
place to enhance their resilience and to change their attitudes and behaviors.

Since its inception in 2011, 7,047 homeless have voluntarily signed up and as of March
2019, 151 of them have gained employment through career matching at the Anjung Singgah. In
addition, the Federal Territory Ministry (KWP) through the Kuala Lumpur Freight Transit
Center (PTGKL) with a total capacity of 150 beds also received almost all categories of
homeless residents in Kuala Lumpur. To date, 2,315 homeless have registered as residents of
PTGKL.

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Kuala Lumpur’s homeless population is expected to increase as businesses find it tough to keep
afloat and retain staff, resulting in people losing their jobs and ending up on the streets. In
anticipation of a rise in the number of homeless, it is learned that Kuala Lumpur City Hall
(DBKL) is now planning to open up two more community centers for the homeless.

This is to ensure that no one ends up without a roof over their heads while the movement
control order (MCO) is being enforced. Currently there are two transit centers in Jalan Pahang
and Anjung Singgah in Jalan Hang Lekiu, Kuala Lumpur. There are also four community centers
and multipurpose halls under DBKL currently housing the homeless. These are the Sentul
Perdana and Setiawangsa community centers, as well as the Alam Damai Cheras and Tasik
Ampang Hilir multipurpose halls, which have been turned into temporary shelters.

“We cannot confirm if there is going to be an increase of homeless people but we have
been observing that more and more people are turning up at our community centers during the
MCO,” said a DBKL spokesman. “So we have opened three more community centers, in
Kepong, Bandar Tasik Selatan and Jalan Masjid India last week, to accommodate more people.
“One center is specifically for those who have flu symptoms and are monitored by Health
Ministry officials.”

According to the spokesman, DBKL rescued about 510 homeless people two weeks ago
but the number surged to 700 in just a few days. “We expect more to come. People are losing
their jobs every day, especially those working in small businesses and factories, and there are
cases of landlords chasing tenants out for not being able to pay rent,” he said. “Some employers
are asking their staff to take unpaid leave and return to their hometowns. “With no salary, they
are ending up on the streets as many have no means of paying rent and bills. “Instead of staying
out in the open and being exposed to the virus, it is better that they remain in one spot where they
can be monitored.”

It is learned that a team of officers was dispatched to ensure that no one was left
wandering the city’s streets. DBKL officers, manning the centers, also reported of people just
showing up at the center looking for food and a place to sleep. “We cannot take them in without
them undergoing medical screening, so we send them to the screening centers to get tested first,”
said the officer.

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3
2.0 APPLICATION OF MASLAHAH MURSALAH
2.1 FIVE CONDITIONS OF MASLAHAH MURSALAH
2.1.1 GENUINE

• Protection of Religion:

Islam means peace. Government’s initiative to help the homeless people in Malaysia shows that
this country brings harmony to not just for Muslim but for everyone in this country. This
initiative also is one of the government’s duty to support the Muslims to be better in terms of
religion and they would have a comfortable place to pray to Allah.

• Protection of Life:

By this initiative that the government made for homeless, government are assisting them by
supporting their life in terms of their basic necessities which is food, clothing and shelter.
Government also promised opportunities of full-time job to the homeless people which will ease
their hardship of life.

• Protection of Mind:

Government also giving them job opportunities and by that, they can seek knowledge about the
task given. Moreover, this government aid does not only promise the homeless jobs, but as well
as providing shelter for them which puts homeless mind in peace so it will ease their mind from
the burden they are facing.

• Protection of Lineage:

Government initiative can also help them to protect their lineage in term of aurah, they can
properly cover it.

• Protection of Property:

It is government priority to distribute and help those in need.

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 2.1.2 KULLIYAH

It benefits every single soul and prevent harm to homeless people in Malaysia. With this
initiative, it helps the homeless in terms of their basic necessities while prevents them from
getting the virus Covid-19 during this pandemic time.

2.1.3 IT OPERATES ACCORDANCE TO PRINCIPLE OF SHARIAH

It does not contradict with Quran and Sunnah because it promotes benefits to all the homeless
and does not gives harm to them.

2.1.4 RATIONAL AND ACCEPTABLE

Giving this opportunity to the homeless is rational and acceptable as government gives that to the
needy people. All of the homeless is given a place to stay during this pandemic time so there will
be no issues like unfairness for this government aid.

2.1.5 PREVENT AND REMOVE HARDSHIP FROM THE HOMELESS

PEOPLE

Homeless people in Malaysia are the ones that can be exposed to the virus Covid-19 because
there is no protection for them since they are living in groups on streets. With this initiative from
government, it does not only help the homeless, but also help the medical staffs, front liners and
KKM to stop/slow down the virus.

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3.0 SUPPORTING QAWAID FIQHIYYAH

Islamic legal maxim that can be applied in this case is “Harm must be Eliminated” (al-
Dharar Yuzal). The derived term from the main technique is “Preventing the harm is more
important than accepting the goods” (Dar al-Mafasid Muqaddam A’la Jalb al-Masalih).
According to Imam Izz bin Abd Al-Salam1, he mentioned that Syara’ rulings depends on these
two things which are getting the greater good (maslahah) or avoiding the destruction (mafsadah).
The discussion about things regarding maslahah and mafsadah is a very important discussion in
constructing the Islamic rulings in determining whether a certain maslahah being taken into
account in Islam or vice versa. As a whole, when dealing with two conditions which can cause
harm or damage in doing something or in preventing something, the law has stated that it should
be avoided which can bring harm first and then only those things which can do good provided
that the masses are less than harmful that will happen in the future. In the event of a
misdemeanor that may occur little or no time is known while the maslahah are to be acquired is
greater, then the maslahah will take precedence.

This guideline cover the way Islamic Law is based upon ease and not overwhelming
hardship. The law makes provisions to promote matters at whatever stage troubles show
themselves. The prerequisite for taking such a step is that the troubles are real and not foreseen.
This maxim is one of the basic general maxims agreed among Islamic jurists as it applies to
nearly every issue and branch of Islamic Jurisdiction where it serves the purpose of Islamic Law
to alleviate or remove burdens that Muslim may face in exercising any religious rights.

In this particular case, where the leaders of our beloved country make decision to make a
stimulus package that help the people in the country especially the homeless people in terms of
foods, shelter and a secured job after the disastrous pandemic CoViD-19. This is inclined with a
hadith from prophet Muhammad (may peace be upon him) that says Ma'qil bin Yasar r.a narrated
that the Messenger of Allah (may peace be upon him) said: "Wherever the government governs
the Muslims, suddenly it appears that the government died in a state of deception among the
people, and in return Allah forbade it to enter heaven." (Hadith Al-Bukhari and Muslim). This
hadith describes the great responsibility of a leader who rules over the Muslims, to carry out their

1
Syaikhul Islam, Shafie Sxholar in Hadith and Fiqh

1262, Cairo

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duties well and not to cheat them. Allah SWT will torment them with the torment of hell fire,
banned from entering the heaven.

Al- Darar Yuzal is applied in the government measurement to help the homeless people.
As the derived term stated, the government is preventing the harm than accepting the good is by
spending more money to buy all the basics necessities for the homeless so the people can still
survive. The harm that can be prevent by helping those people is so great and benefits both in
economics and social environment. In terms of economics, the government will have more
workforce since the Minister of Federal Territory has announced that all the homeless will be
absorbed into DBKL with a decent amount of wages that ranges between RM 1200 until
RM1400 per person and this will contribute to the economic growth so well. In term of social,
with the help of government, they will prevent a bigger social issues which are stealing, quarrel
between them because shortage of food, and maybe killing can happen because of the human
survival instinct. This prevention contributes to harmony environment despite being harshly
strike by the pandemic and stressing condition under the Restriction Movement Order (RMO).
The only drawback that government have to take is the rise in inflation because of the massive
spending on the aids but eventually it benefits the government too. Hence, the aids given by the
authority is a must base on “Harm Must Be Eliminated”.

4.0 RECOMMENDATIONS FOR A BETTERMENT

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 4.1.1 GIVING FREE EDUCATION FOR THE HOMELESS CHILDREN

Betterment can be better if the government gives a free education for the homeless children out
there so all homeless children will be educated during this crisis of Coronavirus disease
(COVID-19) and not will be left behind. The government can do a campaign which is to collect
all unemployed people who have knowledge about education can be joined in this campaign to
teaches all homeless children.

4.1.2 PROVIDE THE SHELTER FOR THE HOMELESS TO STAY

PERMANENTLY WITH LOW RENTAL COST

The government needs to make a betterment like provide shelter for them to stay permanently
with low rental cost does not like before the crisis of Coronavirus disease (COVID-19), the
government just provides shelter for the homeless only can stay regularly not permanently.
Because of that, the homeless need to go to work so that they can make money and did not just
wait for government help. Also, after this crisis, they can have a better life.

4.1.3 GIVING MORE PERMANENT JOB FOR THE HOMELESS IN

PRIVATE SECTOR

The government needs to do a betterment like giving more permanent job for the homeless to
have make money and did not just wait for government help like in this case government give
the Prihatin Rakyat Economic Stimulus Package (PRIHATIN) to all group B40.

4.1.4 PROVIDE HEALTHCARE EQUIPMENT SUCH AS FACE MASK,

HAND SANITIZER ETC. THAT SUIT THEM WITHIN THIS
COVID-19 PANDEMIC OUTBREAK ALL THE TIME

For the betterment, the government needs to provide healthcare equipment such as face mask,
hand sanitizer, etc. that fit them in this COVID-19 pandemic outbreak all the time. This is
because all health equipment has become a mandatory item so, the government needs to take
care of it so that everyone can have it.

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5.0 CONCLUSION

The PRIHATIN package manifests the Government’s concern for the welfare and well-being of
the rakyat. The Government will provide direct fiscal injection of RM25 billion to ease the
burden of rakyat and businesses in this difficult economic situation. The strategies and measures
that will be implemented are based on current fiscal capability and availability of liquidity in the
domestic financial market.

The Government will ensure surplus in the fiscal current account and will not borrow to
finance operating expenditure. Almost all of these measures are one-off to ease Federal
Government’s financial burden in the medium-term. This is important to ensure our fiscal
sustainability and debt position. Thus, the Government will need to reimplement fiscal
consolidation measures in the medium-term to create fiscal space in the long-term.

In recent days, as the authorities tighten restrictions and introduce enhanced measures
intended to further limit movement and activity, the Malaysian public appears to be determined
to support trading their liberties and those of others for some semblance of safety and security.
The hope is that by doing so the MCO would end soon and everything will go back to “normal”.
People in other countries are making similar choices and compromises.

As announced, to express our concern and care for the plight of the people in facing this
difficult situation, Malaysia Prime Minister have said my friends and I in the Cabinet and Deputy
Ministers have agreed to a 2-month salary deduction and this will be channeled to the COVID-
19 Fund. This fund will be used to help the affected people following the outbreak of COVID-
19. In addition, I have also instructed all Ministries to review their budgets to look for savings so
that it can be used to meet the medium-term measures to curb the outbreak. I have also instructed
the Ministry of Finance through the Unit LAKSANA to ensure that this PRIHATIN package
worth RM250 billion will reach the rakyat swiftly.

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BIBLIOGRAPHY

(n.d.). Retrieved May 20, 2020, from https://www.pmo.gov.my/

Nur, S.A.B. (2016). Factors related to intention to quit of being homeless among Homeless
people in Kuala Lumpur, Malaysia. Tesis Sarjana. Universiti Putra Malaysia.

Maureen, C. (1997). Homeless Truths: Challenging the Myths about older Homeless People.
London: Crisis UK. Retrieve from
https://www.kcl.ac.uk/sspp/policyinstitute/scwru/pubs/pre2000/crane1997HomelessTruth

Jabatan Perangkaan Malaysia. Retrieve from www.statistical.gov.my

Buku Tahunan Perangkaan JKM 2015. Laporan Statistik Jabatan Kebajikan Masyarakat 2015.
Diperolehi dari www.jkm.gov.my

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