Bulletin 32 (May-June 2016).indd

Transcription

Bulletin 32 (May-June 2016).indd
I A I S
MALAYSIA
No. 32 May-June 2016
BULLETIN
ON ISLAM AND CONTEMPORARY ISSUES
KDN no. PP 17302/02/2013 (032210)
ISSN 2231-7627
FREE
RENCANA KHAS SEMPENA HARI KEPUTERAAN YANG
DIPERTUAN AGONG - 4 Jun 2016
Yang Di Pertuan Agong: Semak Dan Imbang Negara
by Mohamed Azam Mohamed Adil
Pendahuluan
Setiap tahun, Sabtu pertama bulan Jun, negara kita menyambut ulang tahun
keputeraan Yang diPertuan Agong (YDA). YDA sekarang, Tuanku Abdul Halim
Mu’adzam Shah Ibni Almarhum Sultan Badlishah telah dipilih oleh sembilan Rajaraja Melayu sebagai YDA keempat belas pada bulan Oktober 2011 dan menaiki takhta
pada 13 Disember 2011. Tahun ini merupakan tahun terakhir Tuanku Abdul Halim menyambut ulang tahun keputeraan
YDA kerana jawatan baginda akan tamat pada bulan Disember 2016.
(More p. 3)
FOCUS: Goals and Purposes (Maqasid) of
Shariah (Part 2) by Mohammad Hashim Kamali
Some introductory information on maqasid was presented in
the previous issue of this Bulletin in a Q & A format. This is
a continuation of that discussion.
(More p. 5)
Considering Happiness as a Shariah Objective:
A Proposal
by Wan Naim Wan Mansor
Research on happiness and its applications in public policies is
rapidly gaining global recognition. Under the auspices of the United
Nations, the first World Happiness Report was released in April 2012
and since then, four World Happiness Reports have been published—
the latest being the 2016 Update (a shorter interim version), with the
more complete and special edition 2017 Report near completion.
State-level implementation, however, started way back in 1972 when
Bhutan first coined the term Gross National Happiness (GNH),
engraved it into its constitution, and became the lead nation to
implement officially GNH as an alternative to the conventional
aggregate-based Gross National Product (GDP). At the institutional
level, Harvard School of Public Policy recently (April 2016) received
USD 21 million in research fund to launch its new Center for Health
and Happiness.
(More p. 7)
In This Issue
• Articles
• Humour without Malice
Iftar at IAIS Malaysia on 17th June 2016
Connect With Us
• Event Reports
• Quotable Quote
• Hikmah
• Photos
Our past issues are available at
• Join our www.iais.org.my
mailing list
• Facebook
O GOD: YOU are Peace, YOU are the source of Peace, Peace belongs to YOU.
So welcome us (in the Hereafter) O LORD with the salutation of ‘Peace!’,
and admit us into Paradise the Abode of Peace. Blessed and Exalted are
YOU our LORD, Possessor of Majesty and Reverence.
(Hadith from al-Tirmidhi and al-Nasa’i)
EDITORIAL
Warm greetings! This issue of our Bulletin presents five short articles, two reports of IAIS
activities, and our usual selection of Hikmah, Quotable Quotes and Humour without
Malice. The first article “Rencana Khas Sempena Hari Keputeraan YDA: Yang Di Pertuan
Agong: Semak Dan Imbang Negara” is presented in Bahasa Malaysia by the Deputy
CEO of IAIS Malaysia, Dr. Mohamed Azam Mohamed Adil, on the monarchy as an
institution that is highly respected and plays a significant role in the life of Malaysia. This
is followed by Part II of my article on Maqasid, bearing the title “Maqasid al-Shariah:
Conditions and Classifications.” The article explores various conditions a higher goal
and purpose of Shariah has to meet in order to qualify as a valid maqsad. It also outlines
Professor Mohammad
ways in which the maqasid have been classified and prioritised. Wan Naim Wan Mansor,
Hashim Kamali
IAIS Analyst, in his article “Considering Happiness as a Shariah Objective: a Proposal”
proposes that happiness should be recognised as one of the purposes/maqasid of the Shariah. Next, Research Fellow
Tawfique Mubarak writes on “Ramadan: The Month of Rectification, Self-Discipline and Renewal.” Another IAIS
Research Fellow, Tengku Ahmad Hazri, explores the distinction between law and morality from the perspective of
the Shariah in his article “Law, Ethics and Morality in Contemporary Islamic Thought.” IAIS Associate Fellow Abdul
Karim Abdullah, in turn delves into the reasons for the relative weakness of Muslim students in the sciences, and
suggests ways as to how it can be overcome. I would like to thank the contributors, our readers, and the Editorial
Team of this Bulletin for their continued contributions and support.
Mohammad Hashim Kamali
Chief Editor
ANNOUNCEMENTS
•
•
•
Call for papers for the ICR October issue 2016. Scholars and researchers are cordially invited
to contribute to the IAIS refereed research journal, Islam and Civilisational Renewal. ICR carries
full articles, and shorter viewpoints, significant speeches, and book reviews. Please consult our
Website, iais.org.my, for details.
Free online access for all issues of the ICR. In keeping with our policy of implementing open
access, we are pleased to announce that all issues of the ICR are now available on our Website for
free.
Our bulletin is also available online on our website; www.iais.org.my
Bulletin Editorial Team
Mohammad Hashim Kamali, Abdul Karim Abdullah, Tengku Ahmad Hazri,
Norliza Saleh
Published by: International Institute of Advanced Islamic Studies (IAIS) Malaysia, Jalan Ilmu, Off Jalan Universiti,
59100 Kuala Lumpur | Tel: 03 - 7956 9188 | Fax: 03 - 7956 2188 | www.iais.org.my
Printed by: Vinlin Press Sdn Bhd, No. 2, Jalan Meranti Permai 1, Meranti Permai Industrial Park, Batu 15, Jalan Puchong,
Selangor Darul Ehsan | Tel: 03 - 8061 5533 | Fax: 03 - 8062 5533
2
May - June 2016
RENCANA KHAS SEMPENA HARI KEPUTERAAN YANG DIPERTUAN AGONG
YANG DI PERTUAN AGONG: SEMAK DAN IMBANG
NEGARA
cont’d from page 1
by Mohamed Azam Mohamed Adil
Jawatan YDA merupakan satu-satunya jawatan unik dalam
dunia. Ini kerana, YDA dipilih di kalangan Raja-raja
Melayu oleh baginda-baginda bagi satu tempoh lima tahun.
Sebenarnya, kewujudan institusi beraja dapat dilihat
seawal kurun keempat belas masihi dengan adanya
pemerintahan kesultanan Melaka. Apabila kesultanan
Melaka jatuh ke tangan Portugis pada tahun 1511M,
kesultanan Perak yang berasal dari kesultanan Melaka dapat
bertahan sehingga sekarang. Malangnya, hayat kesultanan
Pahang lama walaupun berasal dari kesultanan Melaka,
telah diambil alih oleh kesultanan Johor. Salsilah keturunan
kesultanan Melaka melalui kesultanan Johor berakhir pada
tahun 1699M dengan kuasa pemerintahan diambil oleh
Ketua Menteri. Tidak dapat dinafikan bahawa Salsilah
kesultanan Terengganu, Pahang dan Johor berasal dari
kesultanan Melaka. Kesultanan Kelantan pula diasaskan
dengan bantuan Sultan Terengganu pada tahun 1764.
Justeru itu, dapat dikatakan bahawa kesultanan Johor,
Terengganu, Pahang, Perak dan Kelantan mempunyai
salsilah kesultanan Melaka.
Institusi kesultanan di Tanah Melayu sangat penting
bagi rakyat Malaysia kerana ia merupakan satu institusi yang
disanjung tinggi dan memain peranan besar dalam kestabilan
politik, ekonomi dan sosial negara. Raja-raja Melayu
bukanlah satu institusi yang hanya bersifat ceremonial dan
rubber stamp. Ia merupakan satu badan yang ditubuhkan
oleh pembuat Perlembagaan mengambil peranan sebagai
nilai tambah kepada tiga cabang badan pembahagian kuasa
iaitu, eksekutif, perundangan dan kehakiman.
Dengan kewujudan Majlis Raja-raja (MRR), bagindabaginda berperanan sebagai juruaudit tambahan dari segi
perlembagaan. Malah ternyata, ada bukti dalam Laporan
Suruhanjaya Reid, kewujudan MRR adalah sebagai
penjaga Perlembagaan Persekutuan, pelindung kepada
hak-hak baginda-baginda, mempertahankan agama Islam,
Bahasa Melayu, keistimewaan orang Melayu dan hak
kewarganegaraan orang bukan Melayu.
Fungsi Yang di Pertuan Agong
Malaysia
mewarisi
sistem
pemerintahan
Raja
berpelembagaan dan demokrasi berparlimen. Dalam
menjalankan tugas, YDA dikehendaki mendengar nasihat
Perdana Menteri. Baginda tidak diberi kuasa secara
Perlembagaan menjalankan tugas sesuka hati. Ini dapat
dilihat dalam Perkara 40 (1) (1A) Perlembagaan Persekutuan
di mana YDA dikehendaki bertindak mengikut nasihat
Perdana Menteri kecuali dalam perkara-perkara yang
disebut dalam Perlembagaan Persekutuan.
YDA adalah ketua negara tetapi bukan ketua kerajaan.
Kuasa eksekutif yang diberi kepada baginda adalah terhad
tertakluk kepada peruntukan undang-undang yang
diberi dan yang diperuntukkan dalam Jadual Kedua,
Perlembagaan Persekutuan (Perkara 39). Namun begitu,
YDA boleh menggunakan budi bicara baginda, melantik
Perdana Menteri (Perkara 43(1)). Walau bagaimanapun,
dalam melantik seseorang Perdana Menteri YDA hendaklah
memastikan individu yang dilantik itu mendapat
kepercayaan majoriti perwakilan dalam Dewan Rakyat di
Parlimen (Perkara 43 (2) (a)).
YDA mempunyai kuasa memecat menteri kabinet atas
nasihat Perdana Menteri. Pemecatan boleh dibuat dengan
hanya surat dikeluarkan oleh Perdana Menteri dengan
pemakluman Perdana Menteri kepada YDA tanpa perlu
kepada perkenan YDA (rujuk kes Dato’ Seri Anwar Ibrahim
lwn Perdana Menteri [1995] 5 MLJ 193).
YDA juga mempunyai kuasa budi bicara dalam perkara
pembubaran Parlimen. Hak ini tidak perlu diikuti walaupun
dinasihat oleh Perdana Menteri. Ini adalah kerana kuasa
perkenan atau tidak terhadap pembubaran Parlimen ialah
kuasa mutlak YDA (Perkara 40 (2) (b)).
YDA juga mempunyai kuasa mutlak dalam
memperkenankan perisytiharan darurat. Perkara 150
Perlembagaan Persekutuan menyebut, YDA setelah berpuas
hati bahawa keselamatan, kehidupan ekonomi rakyat dan
ketenteraman awam tergugat, boleh membuat perisytiharan
darurat. Namun perisytiharan ini tidak semestinya
mengikut nasihat Perdana Menteri. Baginda boleh menolak
permintaan tersebut. Ini menampakkan bahawa baginda
mempunyai kuasa besar dalam perkara tersebut.
YDA mempunyai kuasa dan tanggungjawab melindungi
kedudukan istimewa orang Melayu dan pribumi Sabah dan
Sarawak di samping melindungi kepentingan komuniti lain
(Perkara 153(1)).
Dalam memberi pingat dan darjat, YDA mempunyai
kuasa mutlak memandangkan ianya tidak diperuntukkan
dalam Perlembagaan Persekutuan.
Dalam hubungan dengan kehakiman, YDA mempunyai
fungsi tertentu walaupun dari segi institusi, YDA bukanlah
sebahagian dari badan kehakiman tetapi mempunyai
May - June 2016
3
hubungan dengan badan ini dalam beberapa perkara,
antara lain, merujuk kepada Mahkamah Persekutuan dalam
mendapatkan pandangan mengenai sebarang persoalan
perlembagaan (Perkara130).
YDA juga berfungsi melantik hakim-hakim Mahkamah
Tinggi, Mahkamah Rayuan dan Mahkamah Persekutuan
termasuk Hakim Besar Malaya, Hakim Besar Borneo, Presiden
Mahkamah Rayuan dan Ketua Hakim Negara (Perkara
122B). Baginda juga mempunyai kuasa untuk melucut
atau menggantung hakim-hakim Mahkamah Persekutuan
tertakluk kepada peruntukan dalam Perlembagaan
Persekutuan (Perkara 125). YDA juga mempunyai kuasa
melantik ahli-ahli Suruhanjaya Kehakiman dan Undangundang (Perkara 138).
Kedudukan Islam dan Hubungannya Dengan Raja-Raja
Melayu
Perkara-perkara yang berkaitan dengan hal ehwal agama
Islam adalah terletak secara eksklusif di bawah kuasa
Sultan dan YDA bagi negeri yang tiada Sultan. Perlantikan
hakim-hakim di Mahkamah Syariah adalah dibuat oleh
sultan-sultan bagi negeri-negeri dan YDA bagi Wilayah
Persekutuan, Pulau Pinang, Melaka, Sabah dan Sarawak. Ini
termasuk Yang di-Pertua Majlis Agama Islam Negeri-negeri.
Terdapat sesetengah negeri, Yang di-Pertua Majlis Agama
Islam terdiri dan Raja Muda (Perak). Perlantikan Mufti juga
terletak di bawah kuasa Sultan-sultan dan YDA bagi Wilayah
Persekutuan, Pulau Pinang, Melaka, Sabah dan Sarawak.
Hal-hal berkaitan dengan pentadbiran masjid-masjid,
pertauliahan guru-guru agama dan pendakwah hendaklah
mendapat perkenan Sultan-sultan dan YDA.
Di samping itu juga YDA dan Raja-raja Melayu berperanan
membawa arahtuju pembangunan agama Islam di Malaysia.
Sebagai bekas Pengerusi dan salah satu anggota Pertubuhan
Kerjasama Negera-negara Islam (OIC), penglibatan secara
langsung YDA dan Raja-raja Melayu dalam hal ehwal agama
Islam dilihat dapat memberi input yang besar tanpa campur
tangan politik.
Sebagai Ketua Agama Islam bagi negeri-negeri tidak
beraja (Wilayah Persekutuan Kuala Lumpur, Putrajaya dan
Labuan, Melaka, Pulau Pinang, Sabah dan Sarawak), YDA
berperanan supaya perjalanan hal ehwal Islam berjalan
dengan lancar dengan penubuhan Majlis Agama Islam
Negeri-negeri/Wilayah Persekutuan demi membantu dan
menasihat baginda dalam semua urusan yang berkaitan
dengan hal ehwal agama Islam (Perkara 3(5), 3(3) dan 3(5)).
Kesimpulan
Sebagai Ketua Negara, YDA dilihat memain peranan penting
dalam memastikan pentadbiran negara berada dalam
landasan betul mengikut acuan Perlembagaan Persekutuan.
Baginda berperanan sebagai semak dan imbang (check and
balance) supaya ketua-ketua bagi ketiga-tiga badan eksekutif,
perundangan dan kehakiman menjalankan tugas dengan adil
dan penuh tanggungjawab.
Meskipun YDA bertindak mengikut nasihat Perdana
Menteri, baginda mempunyai kuasa besar yang diperuntukkan
dalam Perlembagaan Persekutuan bagi memastikan keadaan
negara stabil dan aman. Tanpa prejudis, YDA boleh
menggunakan budi bicara baginda menggantung Parlimen
dan mengisytihar darurat bagi memastikan kestabilan negara
terjamin (Perkara 150(1)).
CALL FOR PAPERS
International Conference on
Islam & Green Technology
SCOPE OF PRESENTATIONS:
•
•
•
•
•
•
Renewable Energy from the Islamic Perspective
Discovering Potentials of Herbs for Health and Wealth
Complementary Medicine and its Environmental Benefits
Green Economy, Financing & Philanthropy
Toward an Islamic Green Lifestyle
Islamic Concept of Green Technology
•
•
•
•
•
•
Green Activism and Public Awareness Raising
Islam & Permaculture
Green Innovative Technologies
Green Management Strategies
Protection of Animal Welfare & Wildlife
Green Food Supply
IMPORTANT DATES:
Abstract Submission: 30 August 2016
Submission of Full Paper: 14 October 2016
Conference: 15 & 16 November 2016
Please refer to IAIS website http://www.iais.org.my for details of conference registration and programme.
4
May - June 2016
focus
cont’d from page 1
by Mohammad Hashim Kamali
Goals and Purposes (Maqasid) of Shariah
(Part 2)
Q4: Are there any conditions the maqasid must fulfill in
order to be valid?
A4: The Tunisian scholar Muhammad Tahir Ibn ‘Ashur (d.
1973) who authored an important book on the subject,
Maqasid al-Shariah al-Islamiyyah, wrote: for a maqsad or
purpose to be valid, it must meet four conditions. These
are: to be proven, to be evident, to be general, and to be
exclusive (thabit, zahir, ‘amm, & tard respectively). For a
maqsad to be proven it must be supported by clear evidence
which is not subject to disagreement and dispute. A maqsad
of Shariah must also be evident, not a hidden factor, so
that it can be identified and established by admissible
evidence. A maqsad must also be general and objective
in that it applies to all of its intended applications – and
also in that it applies generally to all people, not a group
or class of people, nor does it promote partisan interests.
And lastly, a maqsad must be exclusive in that it includes
everything which properly belongs to it and excludes all
that which falls outside its scope. A valid maqsad must also
meet all of these requirements at any given time.
Q5: Is the maqsad or purpose of a law just another name
for the rationale or ratio legis of that law?
A5: The maqasid of Shariah strike a close note with the
Islamic jurisprudence notions of rationale and effective
cause (hikmah, ‘illah) of the law and they also come
close to the Western law concepts of ratio legis and ratio
decidendi, but also differ with them in certain respects.
All the laws of Shariah in the sphere of civil transactions
(mu’amalat) are rational in that they can be understood
and detected by human reason. This also means that
they have rational purposes that any reasonable person
can understand. This is not always the case with regard
to devotional matters (‘ibadat) that may or may not be
detectable by human reason. Devotional matters do have
their purposes (maqasid) but since they are not known to
us, we cannot make them the subject of rational enquiry or
ijtihad (independent reasoning). For instance, we do not
know why we are commanded to pray five times a day,
and not six or four, or why do we bow down once in every
unit of prayer, but prostrate twice – what is the reason,
cause or purpose of these rulings - is not known to us. We
know the basic purpose of prayer, which is submission and
worship (‘ibadah), but we do not know the specific causes
(‘ilal juz’iyyah), nor the particular purposes of these rulings.
Q6: One often hears of the different types of maqasid,
such as essential maqasid, or necessities, complementary
maqasid, and the embellishments (daruriyyat, hajiyat,
tahsiniyat) respectively. How do we understand and identify
these? Are there also other classifications of maqasid?
A6: Yes there are other classifications, and we shall presently
explain and illustrate all of them as follows:
From the viewpoint of their importance, maqasid have
been classified into three types – as already mentioned,
of essential purposes, complementary purposes, and
the embellishments (daruriyyat, hajiyyat, tahsiniyyat
respectively). The essential purposes of Shariah are outlined
under five main headings: protection of life, preservation
of religion, upholding the integrity of the human intellect,
protecting family and lineage, and protection of lawfullyowned property. A minority opinion also added a sixth,
namely protection of honour to this list. Protection and
preservation of these is a top priority of the entire Shariah
as their destruction and collapse is certain to lead to
chaos and disturbance of normal law and order in society.
Complementary maqasid have not been so specified into
any particular number, but include those without which
one would be faced with hardship. They complement,
on the whole, the essential purposes of Shariah. The
embellishments are also an open category and virtually
unlimited in number and scope. One may give cleanliness
as an example: a basic amount of cleanliness is necessary for
normal life and also for the performance of certain religious
rituals. To wear clean clothes to congregational prayers, or
when visiting a doctor or clinic may be complementary.
But any enhancement in cleanliness that brings beauty
and elegance suitable to the occasion or when it beautifies
one’s living environment and that of the community in
which one lives partake in desirables or embellishments.
The remaining four classifications of maqasid are:
General purposes and particular purposes (maqasid
‘ammah, maqasid khassah), primary and secondary
purposes (maqasid asliyyah, maqasid tab’iyyah), definitive
and speculative purposes (maqasid qat’iyyah, maqasid
zanniyyah); the Lawgiver’s purposes and those of the
competent individual (maqasid al-shari’, maqasid almukallaf) respectively.
The general purposes of Shariah are ones that
characterise Islam and its Shariah generally and they
apply to all areas and subjects they can conceivably apply
to. They are on the whole broad and comprehensive.
May - June 2016
5
Realisation of benefit (maslahah), prevention of harm
and corruption (darar, mafsadah), building the earth
(i’mar al-ard), administration of justice, and removal
of hardship (raf ’ al-haraj) are examples of the general
purposes of Shariah. The general maqasid differ from
particular purposes in that the latter contemplate specific
areas and subjects, such as commercial transactions,
crimes and punishments, matrimonial law, acts of
charity and so forth. The two are not totally separate
in that the particular purposes should comply with the
general purposes of Shariah and should not go against
them. Other classifications of the maqasid are addressed
under separate questions below.
Q7: What are the primary and secondary purposes of
Shariah?
A7: Primary purposes refer to the originally intended
purposes as opposed to those that may be secondary
and additional. The former are the ones which the
Lawgiver or a human agent for that matter has originally
intended, whereas the latter are those which support and
complement the primary ones. For instance, the primary
Shariah purpose of marriage is procreation of the human
species, which may or may not materialise in a marriage
among elderly persons contracted with the purpose
mainly of companionship − which is a secondary purpose
of marriage in their case. Similarly, the primary purpose
of sale and purchase is transfer of ownership from seller
to buyer, but what other purposes they might each have
of that transaction may vary from case to case, and it is
not an issue provided that the secondary purposes do not
contradict nor frustrate the primary ones.
Q8: What are the definitive as opposed to the speculative
purposes of Shariah?
A8: The definitive maqasid signify purposes which are
conveyed in a clear text of the Qur’an, hadith, or held
by general consensus (ijmac), whereas the speculative
maqasid may be conveyed in a text that is not clear and
categorical and needs to be interpreted through rational
analysis and ijtihad. In the event of a conflict between
them, the definitive purposes of Shariah take priority over
the speculative ones.
Q9: What are the Lawgiver’s purposes in contradistinction
with the human purposes?
A9: The Lawgiver’s purposes (maqasid al-shari’) are ones
that are determined by the Shariah, whereas the human
purposes are determined by the people themselves. To
say that human welfare and benefit, or knowledge of
the religion are God’s illustrious purposes of pursuing
knowledge illustrates the former, whereas seeking
employment, or a university qualification may represent the
human purpose of seeking knowledge. It is recommended
that all competent persons should bring, as far as possible,
their own purposes into conformity with the purposes
or maqasid of the Lawgiver. People may pursue different
purposes, of course, and that is not an issue provided they
do not contravene the expressed purposes of the Lawgiver.
A clear understanding of the typology of maqasid can
help a better understanding of the subject. It also helps to
establish a certain order of priority between the various
maqasid, and assists corporate bodies and governments in
the establishment of policy guidelines.
Publication
i.Epistemology
e-Newsletter
Volume 4, Issue 08
This bimonthly e-newsletter presents
the most recent developments in
the fields of Islamic epistemology
and educational curriculum reform
summarized from books, journals,
websites, interviews, and academic
proceedings (conferences, seminars,
and workshops). We also accept original contributions of less
than 500 words.
The Right to Life, Security, Privacy and
Ownership in Islam
By: Mohammad Hashim Kamali
Abstract
A person’s right to life, personal
security, privacy, and ownership are the
most basic of all the fundamental rights
and liberties and are of concern to all
legal systems and traditions. To address
them side by side with one another, as is
attempted in the present volume, is reflective of their natural priority
and significance. These rights are simultaneously the most
vulnerable to aggression and abuse.
The right to life is the basic right from which all the others
derive. The discussion of this fundamental right includes: the
sanctity of life from the Islamic perspective, murder, unintentional
killing, the death penalty and compensations for victims. This
chapter also includes discussions of abortion, suicide, and
euthanasia.
The second of the rights discussed is the right to security: the
security against unlawful arrest, fair treatment, right to counsel,
freedom from aggression and torture.
The third right is: privacy and mainly concerned with privacy of
one’s home, confidential correspondence, and immunity against
invasion of privacy in the forms of interception of correspondence,
eavesdropping etc.
Finally, the discussion of the right of ownership includes: the
four aspects of ownership in Islam, legitimate and illegitimate
means of acquisition of ownership, and the restrictions that the
Shari’ah imposes on the exercise of this right including taxation,
inheritance and bequests.
30 April 2016
Shari‘ah
Intelligence:
The
Basic
Principles and Objectives of Islamic
Jurisprudence (An Introduction to Usul alFiqh and Maqasid al-Shariah)
By: DIN-IET, Minna
Introduction
“Shari’ah
Intelligence:
The
Basic Principles and Objectives of
Islamic Jurisprudence” is also known
as “TTC 001.” It is the primer for all
other “TTC” courses conducted by the
Da’wah Institute of Nigeria. The
course focuses on an introduction to
the Principles of Islamic Jurisprudence
(Usul al-Fiqh) and the Objectives
(Maqasid) of Shari’ah and its
relevance for contemporary societies.
Usul al-Fiqh refers to the way in which rules of law and
jurisprudence are inferred and extracted from their Islamic sources.
Its study involves the sources of evidence, tools for interpretation
and maxims that guide legislation. Usul al-Fiqh is the canonised
science that regulates the practice of formulating opinions in the
name of Islam (Ijtihad).
The term Maqasid refers to the aims, higher intents and
objectives of Islamic principles or Shari’ah. The field of Maqasid
al-Shari’ah is concerned with the wisdom behind the rulings of
Shari’ah. The Maqasid are those good ends that the law aims to
achieve by blocking or opening certain means.
Together, these fields provide tools for scholars to navigate
their path as they seek to represent the Prophet (‫ )ﷺ‬when
determining what is in harmony with the teachings of Islam. This
becomes especially important where the Qur'an and Sunnah are
silent or ambiguous, and where Ijtihad is therefore needed.
Understanding the basics of this field enable the student to also
understand and appreciate better the path followed by scholars as
they formulate their various rulings and verdicts.
The Shari’ah Intelligence course has been divided into 2 parts.
Both parts cover 46 lessons in all. Part 1 covers Usul al-Fiqh (The
Principles of Islamic Jurisprudence) and is comprised of Section 15; Part 2 covers Maqasid al-Shari’ah and is comprised of Section
6-8.
The International Institute of Islamic Thought Newsletter ‘i.Epistemology’ of 30 April
2016 selected Professor Kamali’s book The Right to Life, Security, Privacy and Ownership
in Islam, pp. 318, on its front page as its recommended publication on Shari’ah. The book
was introduced as follows:
A person’s right to life, personal security, privacy, and ownership are the most basic of all the fundamental
rights and liberties and are of concern to all legal systems and traditions. To address them side by side with
one another, as is attempted in the present volume, is reflective of their natural priority and significance.
These rights are simultaneously the most vulnerable to aggression and abuse.
The right to life is the basic right from which all the others derive. The discussion of this fundamental right
includes: the sanctity of life from the Islamic perspective, murder, unintentional killing, the death penalty
and compensations for victims. This chapter also includes discussions of abortion, suicide, and euthanasia.
The second of the rights discussed is the right to security and this includes: the security against unlawful
arrest, the right to fair treatment, the right to counsel, freedom from aggression and torture.
The third right is that of privacy and is mainly concerned with the privacy of one’s home, confidential
correspondence, and immunity against invasion of privacy in the forms of interception of correspondence,
eavesdropping and other such violations.
Finally, the discussion of the right of ownership includes the four aspects of ownership in Islam, legitimate and illegitimate means of acquisition of
ownership, and the restrictions that the Shari’ah imposes on the exercise of this right including taxation, inheritance and bequests.
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6
May - June 2016
Considering Happiness as a Shariah Objective:
A Proposal
cont’d from page 1
by Wan Naim Wan Mansor
beneath you and do not look at those who are above you,
for it is more suitable that you should not belittle the
blessing of Allah.”
It is pertinent to clarify here that happiness in this context does
not denote ‘hedonism’ which primarily refers to short-term
pleasure and sensual gratification; but as Laura Musikanski
pointed out, it is closer to the meaning of ‘Eudemonia’ in
the Aristotelian sense which emphasises overall relationship
harmony, which includes living well and doing well with oneself
and others. Holism and sustainability are two key components
in happiness research.
3. Level of social trust and harmony as an important
determinant of happiness: Islam supports regular and
practical social programs at multiple levels that foster trust
and bonding within society; daily prayer congregations,
weekly Jumaah prayer, bi-annual large Eid gatherings,
international-level Mecca pilgrimage, annual and
continuous zakah to the poor, giving charity and helping
the poor, and so forth.
Due to its holistic and sustainable nature, Bruno S. Frey and
Alois Stutzer—two leading economists in happiness research—
consider happiness to be the latest revolution in economics,
one that offers invaluable complementary insights and better
evaluations of human well-being. This position is echoed by
the UN World Happiness Report, establishing happiness as
the “proper measure of social progress and the goal of public
policy”. ‘Subjective’ or ‘revealed’ measurements (contrast with
‘objective’ or ‘observed’) offered a more nuanced conclusion
compared to conventional aggregate-based measurements.
For example, Figure 1 shows that as countries grow richer,
this does not make its people happier ad infinitum. Instead,
once a subsistent level is reached, additional income increases
people’s happiness less and less (diminishing marginal utility).
Other factors such as rising aspirations, relative income, types
of political institutions, environmental conditions and so forth,
are better determinants to evaluate individual happiness or
well-being.
4. Environmental conditions directly relate to happiness
(via measurements like level of greenery, carbon footprint, etc.): The relationship of Islam and the environment
is encapsulated within the core Islamic principle of Tawhid
(oneness of being), responsibility as trustees in the principle
of Khilafa, and the concept of sustainability guided by
Mizan and Wasatiyyah.
Islam has much to offer in this matter. Many conclusions
derived from happiness research tend to agree with Islamic
injunctions and find support in its principles; below are selected
examples:
1. Unhappiness due to personal devotion to materialism:
People prizing material goods more highly than other
values in life “tend to be substantially less happy”. Islam
emphasizes spiritual fulfilment, faith and purity above
material wealth. Quran is replete with injunctions and
affirmations that worldly possessions would not grant us
true happiness. To quote just one verse: “In the bounty of
Allah and in His Mercy, - in that let them rejoice”: that is
better than the (wealth) they hoard.” (Quran 10:58)
2. Unhappiness due to ‘relative income’ factor (people
comparing themselves with others): This matter is
abundantly addressed in Islam via Islamic concepts such
as syukur (gratitude) and qana’ah (contentment). It also
agrees with the renowned hadith “Look at those who are
The remarkable affinity between the research findings and
Islamic principles and beliefs strongly suggests the inherent
conception of happiness within Islam, or in fact a Shariah
goal in itself. Despite replete references to some ‘aspects’ of
happiness in the Quran and Islamic intellectual tradition
under terms such as farah, falah, sacadah, mutma’innah,
hayatan tayyibah, masruroh and sakinah; the concept of
‘happiness’ in itself is yet to be operationalised in religio-legal
considerations or ijtihad. Ibn Ashur’s path-breaking precedent
of highlighting integral contemporary concerns—freedom,
equality, orderliness, facilitation, and preservation natural
disposition—as legitimate Shariah objectives, perhaps can be
applied to happiness.
Establishing happiness as part of the Maqasid Shariah
will not only shed new light on the inner methodologies of
Islamic jurisprudence and Islamic revivalist thought, but at
the ‘external’ level, Islam has a great potential to help redefine
happiness and to contribute significantly to happiness research
and policy-making.
Notes:
*A more detailed discussion on happiness as an objective of Shariah and
its applications in public policy is under preparation for publication in
the upcoming IAIS journal ‘Islam, and Civilisational Renewal’ July 2016
edition. The present author will be collaborating with fellow researcher
Ahmad Badri Abdullah (primary author).
**Thank you to Professor Mohamad Hashim Kamali for his insightful
comments on the topic.
May - June 2016
7
Law, Ethics and Morality in Contemporary
Islamic Thought
by Tengku Ahmad Hazri
The distinction and separation of law and morality is heir
to logical positivism and its staple theory, the distinction of
fact and value, itself rooted in a specific worldview pertaining
to reality and the possibility of knowledge thereof. According to
this theory, “fact” is that which can be ascertained by the sensory
faculties or empirically proven (hence “objective”), whereas
values, not being evident to the senses—apparently the only
valid channels of knowledge—cannot be known but instead are
subject to individual preferences (hence “subjective”).
Ibn Ashur fell into the same logic in his denial of liturgy as
part of Shari’a (redefining Sharia as concerned exclusively with
that which concerns society and assigning worship to what he
called diyanat). Linguistically, the word commonly translated as
“ethics” is akhlaq, which has affinity to sajiyya and tab’.
Thus leading Islamic scholars, even when they concede to
such distinction, nevertheless do so with significant qualifications.
Wael Hallaq challenges the validity of law-morality divide.
Mohammad Fadel in turn frames this as positivism. Mohammad
Hashim Kamali acknowledges a functional distinction to
delineate spheres of judicial competence, which does not equal
separation, for “a rigid separation” is “neither realistic nor
[feasible”, and thus among others, advocates transcending the
dichotomy through maqasid al-sharia. Tariq Ramadan attempts
to speak of “Islamic ethics” yet the word akhlaq barely appears
at all in his work, Radical Reform: Islamic Ethics and Liberation.
Instead, in presuming fiqh—which also has the meaning of
‘law’—as fulfilling the role of “ethics”, Ramadan effectively
concedes to the difficulty of clearly demarcating the two. Rumee
Ahmed situates the discourse within the broader distinctions
of law, ethics and morality. There is no question, for example,
whether giving charity is “good” or “bad”—that question is
resolved … Seen in this light, ethics is not synonymous with
morality; ethics presupposes—indeed requires—“morality”. One
does not, for instance, speak of the “ethics of stealing” for stealing
itself is acknowledged as wrong. These arguments show that
the reception of law-morality-ethics divide in the Islamic world
is somewhat reserved. The time has now come to push these
8
May - June 2016
claims to their next, natural and logical conclusion. Toshihiko
Izutsu notes that the Qur’an “makes no distinction between the
religious and the ethical”. The absence of a clear framework has
led to piecemeal efforts towards that. For instance, the equation
of democracy with shura and the equation of Parliament with
the ahl al-hall wa’l-‘aqd by the Tunisian scholar and reformer,
Khayr al-Din al-Tunisi. To further illustrate this point, we turn
to international law. Indeed international law itself furnishes
a lucid contemporary parallel to the dilemma facing Islamic
jurisprudence.
A further implication of this distinction is in the domain of
constitutional law. Interestingly debates in constitutional law often
find their parallel, not in the substantive fiqh but in usul al-fiqh.
Thus, just as constitutional lawyers debate between originalism
and living constitutionalism, i.e. whether constitutions should
be interpreted in accordance with the “original intent” of the
founding fathers or evolving social changes, Muslim jurists saw
a debate between the musawwiba (infallibilists) and mukhatti’a
(fallibilists), i.e. between those jurists who insist that ijtihad must
be necessarily correct and those who acknowledge the possibility
of error in ijtihad, such as ‘Ala al-Din al-Samarqandi.
In modern constitutional democracies, the law-morality
dialectic is thus used to frame the debate on the relationship
between religion and law. Yet several problems arise due to this
framework. Rather than embracing a distinction between law
and morality, a more useful categorization would be between
various functions and aspects of Sharia. Such classification must
nevertheless strive to maintain the organic inter-dependency
between various aspects of Islam, including theology and
spirituality.
..
Humour
Without Malice
(
The distinction between law, ethics and morality in the West
arises in the context of positivism. Classical Latin had no
equivalent of the Greek word ethikos, and thus the philosopher
Cicero coined the term morales as the Latin equivalent. Thus,
the Latin word morales and the Greek word ethikos were meant
to have the same meaning. How ironic then, that when these
words find their way into English, as “morality” and “ethics”
respectively, attempts are made to “distinguish” and “separate”
them! For instance, it has been argued that “morality is universal
and applicable to all, while ethics denotes the particular values
relating to the individual or the collective life of the community”.
If you were plowing a field, which would you rather
use? Two st�ong oxen or 1024 chickens?
Little Johnny asks his father:
Where does the wind come from? I don’t know.
Why do dogs bark? I don’t know.
Why is the ear�h round? I don’t know.
Does it dist�rb you that I ask so much?
No, son. Please ask.
Other�ise you will never lear� any�hing.
I once gave my husband the silent t�eat�ent for an
entire week, at the end of which he declared, “Hey,
we’re getting along prett� g�eat lately!”
EVENT REPORTS
Public Lecture on “Dealing with Diversity: Reviving the Ethics of Disagreement”
by Shaykh Faid Mohammed Said
by Tengku Ahmad Hazri
On 27 May 2016, IAIS Malaysia co-organized (with Crescent Collective, Radical Middle Way Asia, Simply Islam and Seekers Hub) a
lecture by Shaykh Faid Mohammed Said on “Dealing with Diversity: Reviving the Ethics of Disagreement”.
Shaykh Faid noted that in Islam, “reform” means going back to tradition, not away from it, for it is in the earliest generation, i.e.
the community of the Prophet (pbuh) himself that the moral order of Islam was given expression directly under the Prophet’s oversight.
In this moral scheme, respect for the diversity of opinions is held as a normative postulate. A frequently cited hadith narrates how the
Prophet endorsed both group of companions who disagreed over ablution and prayer, thereby illustrating his recognition of the validity
of disagreements.
The Prophet’s companions later travelled beyond Makkah and Madinah, naturally encountering diverse customs and cultures, which
in turn are reflected in the diverse views that they held. The caliphs Abu Bakr and ‘Umar al-Khattab reportedly have had more than 90
points of disagreement between them, just as other companions and even followers (tabi’in) also held varying opinions. A famous letter
by Imam Malik to his companion al-Layth Ibn Sa’d al-Fahmi reproaching the latter for issuing fatwas at odds with the people of Madinah,
illustrates how the early scholars could maintain proper respect and decorum even when they disagreed over substantive legal points.
Yet disagreement does not in itself translate to diversity: Ibn Taymiyyah argued that ikhtilaf is different from khilaf, disagreement
lacking observance of ethics. Disagreement should thus be guided by the ethic of moderation (wasatiyyah), among others, to ensure that
the community becomes neither too rigid as to be impenetrable to new ideas, nor too ‘tolerant’ as to lack decisiveness and firm stance
which are preludes to action.
Above all else, the adulation of diversity is grounded in the sanctity of knowledge in Islam. It was this ennoblement of knowledge that
empowered the early Islamic community, a time when former slaves like the tabi’in (“followers”) Mujahid b. Jabr, Tawus b. Kaysan and
Ata b. Abi Rabah were elevated as respectable Imams for none other than their knowledge.
Sesi Perbincangan Meja Bulat:
“Rukun Negara Teras Integriti Penganut Pelbagai Agama di Di Malaysia: Impian atau
Realiti”
by Ahmad Syarief Fadhli
Institut Integriti Malaysia (INTEGRITI) dengan kerjasama Jawatankuasa Mempromosikan Persefahaman dan Keharmonian Di antara
Penganut Agama (JKMPKA), Jabatan Perpaduan Negara dan Integrasi Nasional, Yayasan 1Malaysia dan Institut Kajian Tinggi Islam
Antarabangsa (IAIS) Malaysia telah menganjurkan sesi perbincangan meja bulan bertajuk “Rukun Negara Teras Integriti Penganut Pelbagai
Agama di Malaysia: Impian atau Realiti” di Dewan Murni, bangunan Integriti pada 23 Jun 2016.
Dua objektif utama program ini adalah untuk meningkatkan pengetahuan mengenai pembentukan bangsa Malaysia yang berintegriti,
serta mengenal pasti pendekatan dan strategi yang sesuai bagi memperkukuhkan perpaduan, persefahaman serta integriti penganut
pelbagai agama berasaskan Rukun Negara dari sudut agama.
Antara ahli panel yang telah dijemput ialah YBhg. Dr Chandra Muzaffar (Pengerusi kepada Lembaga Pemegang Amanah Yayasan
1Malaysia), Encik Wan Saiful Wan Jan (Ketua Pegawai Eksekutif, Institut Demokrasi dan Hal Ehwal Ekonomi (IDEAS)) dan Dr. Wendy
Yee Mei Tien (Pensyarah Kanan, Centre For The Initiation of Talent And Industrial Training (CITRA), Universiti Malaya). IAIS Malaysia
diwakili oleh Prof. Madya Dr. Mohamed Azam Mohamed Adil yang turut dijemput sebagai ahli pembincang di sesi perbincangan meja
bulat tersebut. Majlis dimulakan dengan ucapan aluan oleh Dr. Anis Yusal Yusoff (Presiden dan Ketua Pegawai Eksekutif INTEGRITI)
dan diteruskan dengan pembentangan utama oleh Dr Chandra Muzaffar, disertai komentar-komentar bernas dan kritikan dari kedua-dua
pembincang serta semua ahli-ahli pembincang yang hadir bersama.
Translation: On the 23rd of June 2016, IAIS Malaysia was invited by the Malaysia Institute of Integrity as a Co-Organiser for a closed
Round Table Discussion on the topic of ‘Rukun Negara Teras Integriti Penganut Pelbagai Agama di Di Malaysia: Impian atau Realiti’
with its main speaker, Dr Chandra Muzaffar from Yayasan 1Malaysia. IAIS Malaysia was represented by Assoc. Prof. Dr. Mohamed Azam
Mohamed Adil who also was invited as one of the discussant. The session was attended by representatives from various NGOs and religious
institutions. The objective of this session was to reach harmonious understanding among the multi-cultural and diverse community of
Malaysia.
May - June 2016
9
Ramadan: The Month of Rectification,
Self-Discipline and Renewal
by Tawfique Al-Mubarak
Fasting brings many benefits, including remedies for various
ailments like diabetes, high blood pressure and even cancer.
However, the Holy Qur’an considers attaining taqwa (true
consciousness of Allah) as the primary objective of fasting.
Taqwa is a broad concept, which demands ceaseless effort in the
performance of acts that bring one closer to Allah. Observing
the entire month of fasting partakes in jihad al-nafs, the most
deliberate effort one makes at total abstinence, self-discipline
and control. For those who are not sufficiently careful with
their intake of food and timing of sahur etc, one also hears of
higher numbers of hospital admissions for various ailments. A
fasting person also needs to be extra careful and conscious of his
words, actions, glances and gazes. In fact, in an authentic hadith
the Prophet (pbuh) remarked that one who has not been able
to refrain from foul speech and immoral deeds, Allah is not in
need of him refraining from his food and drink. This implies
that fasting also helps to improve one’s character. A fasting
person is required to increase his taqwa, and refrain from things
which will lead him from Allah’s satisfaction.
The word ‘Ramadan’ in Arabic means ‘scorching heat’ or
‘intense burning.’ Raghib al-Isfahani, the famous Arab linguist,
holds that the month of fasting was named ‘Ramadan’ because
it ‘burns’ away the sins of the fasting Muslims. Just as extensive
heat can eliminate bacteria and harmful germs, Ramadan
purifies one’s health and spirit. Likewise, it is by means of heat
and burning that metals are moulded into different shapes.
Therefore, the purpose of Ramadan is to reform and renew
one’s life and thoughts. It is, indeed the month of refinement
and renewal of our personality.
Fasting is vital in rejuvenating one’s physical and mental
health. Several studies have proven that fasting strengthens
the immune system, promotes longevity, improves insulin
sensitivity, provides better metabolism and improves digestion.
Continuous fasting, such as takes place in Ramadan, is
instrumental in preventing cancer. It also mitigates the side
effects of chemotherapy on cancer patients. Fasting is useful for
brain health, as it protects one from Alzheimer’s and Parkinson’s
diseases. Fasting also reduces blood fats, which prevents
cardiovascular diseases, and promotes a healthier heart.
Besides these physical benefits, fasting improves one’s
self-esteem and self control. In fact, the Prophet (pbuh)
called Ramadan the month of patience, as it teaches patience
and persistence. Fasting helps in understanding gratitude,
satisfaction, happiness, and perseverance in a deeper sense.
Ramadan teaches to share and care for others. This improves
one’s self-esteem and reshapes one’s personality.
The month of Ramadan comes to us with countless virtues,
blessings, abundant prosperity and happiness in this world and
in the hereafter. It is in fact a month to revitalise our spiritual
selves and renew our practices and faith, while rejuvenating our
physical selves.
..
Humour
Without Malice
(
Ramadan is the ninth month of the Islamic calendar, which is
marked by fasting the entire month, and celebrated with the
greatest Islamic festival of the year – Eid al-Fitr. It is the month
of blessings, forgiveness, abundant goodness, and happiness for
the fasting Muslims across the globe.
They say we lear� from our mistakes. That’s why
I am making as many as possible. I will soon be
a genius!
Quotable Quote
In the End, we will remember not the words of our enemies, but the silence of our friends.
– Mar�in Luther King Jr. (d. 1968)
You can avoid realit�, but you cannot avoid the consequences of avoiding realit�.
– Ay� Rand, Russian novelist (d. 1982)
The t��e measure of a man is how he t�eats someone who can do him absolutely no good.
– Samuel Johnson, English writer (d. 1784)
A people that values its privileges above its principles soon loses both.
– Dwight D. Eisenhower (d. 1969)
10
May - June 2016
Making Science Studies Rewarding
(Part I)
by Abdul Karim Abdullah
Observers highlighted a significant weakness in Islamic
education. This weakness has been identified as a “science
deficit.” Muslim students are not learning enough science to
prepare them for the demands of present-day world. The result
is unemployment and alienation. Moreover, the “deficit” is
contributing to shortages of qualified personnel in key sectors,
including engineering, architecture and medicine.
To overcome these shortages, sciences need to be incorporated
into the curricula of schools and universities in a comprehensive
way. Teaching methods likewise need to be revisited to attain a
higher level of efficiency. Rote learning and memorisation need to
give way to analysis and comprehension.
Reliance on memorisation is a vestige of an approach that is
ill equipped to cope with present-day challenges. The amount
and depth of knowledge required to obtain employment in a
modern, post-industrial economy, dwarfs that needed centuries
ago. Modern sciences have advanced far beyond what was
achieved even a few decades ago. Knowledge, one might say,
is growing at an exponential rate. Yet interest in science and
scientific research appears to be weak.
A subject of particular concern is mathematics. Because it
requires measurement and the ability to think in abstract ways,
math provides the foundation for the sciences, natural as well
as social. Math to science is what a computer operating system
is to a software application. A weakness in math will hinder the
mastery of any subject that requires significant knowledge of
measurement and calculation.
Some students appear to have a phobia of math. This phobia
results from a lack of understanding of the subject. In order
to overcome this phobia, material needs to be presented in an
interesting, engaging way. Students need to participate in the
application of knowledge and problem solving.
Math encompasses arithmetic, geometry, algebra,
trigonometry, and calculus. It also includes data management,
such as statistics and probability. Arithmetic comprises the
principles of adding, subtracting, multiplying and dividing.
Geometry studies two and three-dimensional space. Algebra
expresses relationships among variables by means of equations.
Trigonometry focuses on the relationships between the sides
of right triangles and their complementary angles. Calculus
expands on algebra and trigonometry, and studies change,
the rates at which specific and measurable variables change in
relation to changes in other variables. The science of statistics
reveals patterns in large amounts of data, while probability
theories provide means for arriving at approximations rather
than precise answers.
Among the benefits of math is the ability to reason
accurately and in a disciplined way. The study of math improves
one’s analytical skills. Abstract thinking requires the ability to
separate the essential from the incidental. In that way it helps to
focus on what is truly important. Enhancing the versatility of
the mind is another important benefit. Another significant skill
learned in the study of math is the ability to express problems
in a quantified manner. This enables solving problems using the
tools of mathematics.
Interest in math increases as one begins to understand it. The
need to pass a course is not a sufficient motive to learn math.
The teacher needs to show students how the knowledge of this
subject is relevant to the life of the student.
The teacher must communicate well. For a student to develop
and maintain interest in math, material must be explained in a
step-by-step manner. This will help students to understand it.
Regular revision and practice, as well as problem solving are
similarly indispensable.
It is advisable to start with what is easy. Once the foundations
have been laid, one can proceed to higher level topics. Terms
used must always be defined, explained and illustrated. A given
topic always needs to be located within the larger context and
linked to related topics.
Hikmah
To let go of attachments and belongings doesn’t
mean you should own nothing. It means nothing
should own you. – ‘Ali ibn Abi Talib
Hear�s are vessels of God on ear�h. And the most
beloved hear� to Him is the one most clean, pure
and pristine. – Imam Ahmad ibn Hanbal
Knowledge is not what is memorised. Knowledge is
what benefits. – Imam Shafi’i
For grace and mercy – Be like the sun
For concealing others’ fault – Be like the night
For generosit� – Be like the r�nning water
For rage and anger – Be like death
For modest� and humbleness – Be like the ear�h
Appear as you are. Be as you appear
– Jalaluddin Rumi
May - June 2016
11
EVENTS AT IAIS MALAYSIA
DATE
EVENTS
10th May
Research Fellow Seminar
Riba-Free Islamic Banking System by Founder of LaRiba American Finance House, Dr. Yahia Abdul
Rahman
27th May
Public Lecture
Dealing with Diversity: Reviving The Ethics of Disagreement by Shaiykh Faid Mohammed Said
17th June
IAIS Iftar
21st June
Research Fellow Seminar by Dr Alexander Wain and Mr Wan Naim Wan Mansor
23rd June
Closed Round Table Discussion
Rukun Negara Teras Integriti Penganut Pelbagai Agama di Malaysia: Impian atau Realiti
Professor Kamali with Syaikh Faid
Mohammed Said
Audience at the Public Lecture
Audience at the Public Lecture
Iftar at IAIS Malaysia
Iftar at IAIS Malaysia
Iftar at IAIS Malaysia
Assoc. Prof Dr Azam attending Round
Table Discussion at the Malaysia
Institute of Integrity, Jun 30, 2016
Assoc. Prof Dr Azam speaking at the
Round Table Discussion
Group photo with Dr. Mohamed Ali,
Maldives Minister of State for Housing
and Infrastructure
Professor Kamali with Mr Hamid
Roberto Distefano, CEO of Halal Italia
Founder of LaRiba American
Finance House, Dr. Yahia Abdul
Rahman speaking at IAIS Malaysia
Group photo with Dr. Yahia Abdul
Rahman
JOURNAL ICR
LIST OF ARTICLES
Journal ICR Vol. 7 No. 2
(April 2016)
•
Towards Authentic Behaviour Management Models for Islamic
Schools -A Framework Synthesising Research (Dylan Chown and
Omaira Alam)
pages, paperback
•
6 articles, 4 viewpoints,
5 significant events and
developments
Juristic Views on RibÉ, Gharar and QimÉr in Life Insurance (K M
Zakir Hossain Shalim)
•
The MaqÉÎid of Zakah and Awqaf and Their Roles in Inclusive Finance
(Tawfique Al-Mubarak)
Price: RM 80
•
The Structural Development of IstiÎnÉÑ ØukËk from a SharÊÑah
Perspective (Auwal Adam Sa’ad, Mohammad Deen Mohd Napiah and
Uzaimah Bt Ibrahim)
•
Mahkamah Syariah Di Malaysia: Kemajuan dan Pencapaian (Mohamed Azam Mohamed Adil)
ISSN 1394-0937
12
May - June 2016