view/download in pdf

I A I S
MALAYSIA
No. 31 March-April 2016
BULLETIN
ON ISLAM AND CONTEMPORARY ISSUES
KDN no. PP 17302/02/2013 (032210)
ISSN 2231-7627
FREE
FOCUS: Goals and Purposes (Maqasid) of Shariah by Mohammad Hashim Kamali
The following paragraphs introduce the maqasid in a Q & A format, in two parts, beginning with a question on their general
profile and importance in the understanding of Shariah, and another question on the benefit, if any, of knowing the maqasid.
Should the maqasid fulfil any conditions for them to be valid; how do they compare with the concept of ‘illah (effective cause) in
Islamic jurisprudence, and the parallel western law concepts of rationale and ratio legis of the law? How are the maqasid known
and identified, and the manner they are classified into several types?
(More p. 3)
The Dawn of Shariah-based Indices: A Brief Comparison between the Malaysian Shariah Index
(*MSI) and the Syariah Index Project (*SIP) by Wan Naim Wan Mansor & Ahmad Badri Abdullah
Growing interest in Maqasid Shariah as a legitimate source to address new socio-political conditions had inspired several
modeling attempts to quantify and measure Islamic ‘divine goals’. The week of March 2016 witnessed two Shariah-based
indices being introduced to the Malaysian public. The first was the Malaysian Shariah Index, a government-sponsored
research led by the Department of Islamic Development Malaysia (JAKIM) with the participation of over 133 experts
from local universities. Its results were presented by Prime Minister Najib Razak himself, in the presence of religious and
(More p. 4)
government leaders in a grand convention hosted by Putrajaya.1
Baishakh Celebrations: The Bengali New Year and a CrossCultural Festival by Tawfique al-Mubarak
The Bengali calendar, which begins with the month of Baishakh, marks its new
year on the 14th of April of the Gregorian calendar. Baishakh is often welcomed
with festivities and joyous celebrations among the Bengali communities across
the globe, including the Bengalis of West Bengal and Tripura in India. This is
often known as ‘Nobo-Borsho’ (New Year) or ‘Pohela Baishakh’ (first of Baishakh)
festival.
(More p. 6)
From left: Professor Kamali, Tun Abdullah, Dr Surin and
Prof Osman Bakar during a book launch on 16th April
Benefits of Interactive Learning by Abdul Karim Abdullah
It hardly needs emphasis to say that graduates who lack social skills often find
it challenging to find suitable employment. These skills include the ability to
communicate and work independently. A lack of confidence also seems to be a
problem. One reason for these weaknesses may be the teaching methodologies
utilised in the classroom. Some educational institutions continue to place
disproportionate emphasis on rote learning and memorisation at the expense
of understanding and comprehension. There is too little, if any, classroom
(More p. 7)
interaction.
In This Issue
• Articles
• Humour without Malice
Datuk Dr. Zulkifli al-Bakri giving a keynote address
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! We begin this issue of our Bulletin with a focus article on the “Goals
and Purposes (Maqasid) of the Shariah, Part I.” Using the Question and answer format,
the article identifies the maqasid, explains how they are identified and outlines their
usefulness in jurisprudence. In the following article, Wan Naim Wan Mansor, IAIS
Senior Analyst, and Ahmad Badri Abdullah, Research Fellow, compare the Malaysian
Shariah Index, a local effort, with the Shariah Index Project, spearheaded by Imam
Faisal Rauf of the Cordoba Initiative. In the following article, Research Fellow Tawfique
Mubarak updates us of how the current Bengali calendar came into being. Next, Associate
Research Fellow Abdul Karim Abdullah highlights the benefits of interactive learning.
Professor Mohammad
Additionally, we bring an event report by Associate Research Fellow Apnizan Abdullah
Hashim Kamali
on the Halal Cosmetics and Personal Care Forum. Another report has been penned by
IAIS Research Fellow, Tengku Ahmad Hazri, on the “Fourth Abdullah Yusuf Ali Memorial Lecture” held at IAIS
Malaysia, on 16th April 2016. We also include Research Updates from the research staff of the IAIS. We conclude by
offering a selection of Quotable Quotes and Humour without Malice.
I would like to thank our contributors and wish our readers happy reading!
Mohammad Hashim Kamali
Chief Editor
ANNOUNCEMENTS
•
•
•
Call for papers for the ICR. We invite interested scholars and researchers 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
March - April 2016
focus
cont’d from page 1
by Mohammad Hashim Kamali
Goals and Purposes (Maqasid) of Shariah
(Part 1)
Q1: What are the Maqasid of Shariah and how important
are they in understanding the Shariah itself?
A1: The maqasid (plural of maqsad – goals and purposes)
of Shariah, are an integral part of the Shariah and refer
to its higher purposes and objectives. The meaning,
purpose and wisdom, in other words, that the Lawgiver
has contemplated in the enactment of the laws (ahkam)
of Shariah. Maqasid thus refer to the higher purposes
of the law, which are meant to be secured through the
implementation of that law, and they give the law a sense
of direction and purpose. Thus it is implied that the rules
of Shariah, especially in the spheres of human relations
and mu’amalat, are not meant for their own sake but to
secure and realise certain objectives. When the dry letter
of the law is applied in such a way that does not secure its
intended purpose, and when it fails, for instance, to secure
the justice and benefit it is meant to secure, or worse still
when it leads to harm and prejudice, the law is most likely
reduced to a purposeless exercise, which must be avoided.
The laws of Shariah are generally meant to secure justice,
and the welfare interests of the people both in this world
and the hereafter. But the detailed rules, commands and
prohibitions of Shariah also have their specific purposes,
which are often identified in the text of the law itself, or by
recourse to interpretation and ijtihad.
Q2: What is the benefit of knowing the maqasid of
Shariah?
A2: One often hears of a clever lawyer who may be bent
on the prospect of winning a case and on working his
way through the law at the expense even of twisting it to
suit his or his client’s purposes regardless of what the law
might have intended to secure in the first place. This is
why the Shariah penalises what is called in the fiqh jargon
as al-Mufti al-Majin, that is, a trickster or fraudulent
jurisconsult who does just that, either to please his client,
follow self-seeking interests, or derive an answer he might
be bent on deriving at all cost. This is a violation of the
Shariah, which is in principle a divine law, and twisting it
in such ways is reprehensible. Ibrahim al-Shatibi (d.1388
CE), who wrote extensively on the maqasid, stressed the
importance of this area of Shariah by saying that a clear
understanding of maqasid equips one with the knowledge
not only of enabling one to identify instances of distortion
and abuse but also that anyone who manipulates the
Shariah by isolating its letter from its intent and purpose,
through recourse to legal stratagems (hiyal, pl. of hilah), is
guilty of violating the purpose of the Lawgiver. Knowledge
of the maqasid thus helps keep the letter of the law and its
spirit and purpose in harmony with one another.
To illustrate more specifically as to how the letter of the
law can sometimes move in a different direction from its
proper intention and purpose, one may look at some of
the Shariah contracts: The proper purpose, or maqsad of
sale, for instance, is transfer of ownership of the object
of sale from seller to buyer in exchange for a price; the
maqsad of lease, on the other hand, is transfer of the
usufruct of the object of sale; the maqsad of marriage is
procreation of the human species, and that of giving a
gift is donation (tabarru’) and show of good will - just as
another maqsad of giving a gift is transfer of ownership by
the owner to another party without a consideration. If any
of these contracts are applied and manipulated such that
they fail to secure their valid Shariah purpose and maqsad,
a distortion in the application of the law is likely to have
occurred. When a sale is used as disguise for usury/riba,
as in the case of double-sale of ‘inah, and when marriage
is used for hedonistic indulgences and a quick divorce to
follow, the purposes of Shariah have been distorted in each
case. This is because marriage is a life-long contract with
the purpose of procreation of human species, friensdship
and support, which must not be violated.
Q3: How are the maqasid known and identified?
A3: Maqasid are identified in the clear text (nass - Qur’an
or hadith) or by general consensus (ijma’), failing which
they may be identified by recourse to independent
reasoning and ijtihad. The language of the Qur’an or
hadith may either be explicit on the identification of a
certain purpose, or it may be implicit and require a degree
of scrutiny to identify a certain maqsad. For instance,
when the text of the Qur’an or hadith refers to the benefit,
rationale, purpose, and the consequences of its rulings, the
judge and jurist are given a certain guidance and insight
into the maqsad or purpose of that law, which they should
strive to secure in their decisions. Islamic jurisprudence
provides guidelines on how the purpose of the law is
known, extracted and identified. Ibn Qayyim al-Jawziyyah
(d.1350 CE) has noted that the number of such references
in the Qur’an alone reaches, not just one or two hundred,
March - April 2016
3
as some commentators had earlier estimated, but that in
over one thousand places the Qur’an either directly or
indirectly and in diverse manner of expressions identifies
the rationale, purpose, benefits and consequences of its
rulings. All of these are then used as indicators toward
identification of the maqasid. For instance, when the
Qur’ān characterises itself as “guidance and mercy”
(hudan wa rahmatan) to the believers (Yunus, 10:57), and
also describes Muhammad’s Prophethood as “a mercy to
the worlds” (al-Anbiya’, 21:107), and where mercy and
rahmah also signify the most favourite of the ninety-nine
Excellent Names of God (as in al-Rahman and al-Rahīm) compassion (rahmah) becomes a cardinal maqsad of Islam
and the Shariah. Similarly, when the Qur’an describes
the law of retaliation (qisās) as a protector of life (alBaqarah, 2:179); and that of jihad as fighting aggression
and injustice (al-Hajj, 22:39); and also that the purpose of
prayer is to repel immorality and sin (al-‘Ankabut, 29:45),
- the text in each case has identified the maqsad/purpose
of its own ruling.
made numerous references to a maqsad, or purpose, of the
Lawgiver without explicitly declaring it as such. When all
such references are read and put together, their collective
weight or meaning emerges and leaves little doubt on the
identification of a certain purpose as the valid objective of
Shariah.
The Andalusian scholar, Al-Shatibi, who is known as the
master architect of maqasid (Shaykh al-Maqasid), due to
the unique contribution he has made to this subject, also
added inductive reasoning, or istiqra’ (being essentially
a form of ijtihad), as a reliable method by which to
identify the maqasid of Shariah. To say that maqasid can
be identified by way of induction looks basically to the
data of the Qur’an and hadith generally. The text may have
“Lead such a life that, when you die, the people may
mour� you, and while you are alive they long for
your company.”
– cAli b. Abu Talib r.a
Muhammad Tahir Ibn ‘Ashur (d. 1974 CE) further added,
in line with the writings of ‘Izz al-Din ‘Abd al-Salam alSulami (d.1262 CE) and others, that human intellect
(‘aql), and enlightened human nature (fitrah), are also
capable of identifying the maqasid of Shariah, although
these last two are not unanimously agreed upon by Muslim
scholars. Most of these methods can actually be subsumed
under ijtihad.
Next issue: Part II: conditions of validity, and classification.
Hikmah
“Yesterday I was clever, so I wanted to change the
world. Today I am wise, so I am changing myself.”
– Jalaluddin Rumi
The Dawn of Shariah-based Indices: A Brief Comparison
between the Malaysian Shariah Index (*MSI) and the
Syariah Index Project (*SIP)
cont’d from page 1
by Wan Naim Wan Mansor & Ahmad Badri Abdullah
Three days later, a book launch event held at the Institute of
Advanced Islamic Studies (IAIS) Malaysia introduced another
Shariah-based measurement, the ‘Shariah Index Project’. This
project is spearheaded by Imam Feisal Abdul Rauf, a USbased Islamic scholar and founder of the Cordoba Initiative,
an international and multi-faith organisation focusing on
inter-civilisational engagement and peace-building. This
collaborative project involved a diverse and wide range of
global experts and scholars; both in the field of Islamic law,
as well as in the field of statistical analysis.
A compelling similarity between the two indices is the
utilisation of Maqasid Shariah (theory of the purposes of
Divine law) as the core measuring principle. To measure
‘Islamicity’ in governance, both the Malaysian Shariah Index
4
March - April 2016
(hereinafter, MSI) and the Shariah Index Project (hereinafter,
SIP) are based on the five ‘essentials’ of preserving religion,
life, intellect, progeny and wealth. In both MSI and SIP, the
Malaysian government was the primary sponsor, despite each
respective projects began under different era of leadership—
the MSI was launched last year by Najib Razak and took 6
months to complete,2 while the SIP was initiated 12 years ago
under Abdullah Badawi, with continued support from the
current government.
Despite sharing the same benefactor and both
incorporating Maqasid Shariah, the two teams did not involve
each other in their formulation processes.3 Accordingly, the
MSI and SIP are distinctive in many aspects. The two indices
have different goals, scale, methods and concerns.
Figure 1: The
book that
presents the
Shari’ah Index
Project
Figure 2:
Malaysian
Shariah Index
official docket
The scope of the MSI, as implied by its name, is
confined only to Malaysia. Its primary objective is to
appraise the Malaysian government’s “seriousness” in
implementing Islamic-based policies.4 In other words,
MSI’s focal point is to assess the level of ‘effort’ rather than
the exact ‘achievements’.5 To accomplish this, Malaysian
governmental efforts and policies were evaluated against
the five Maqasid Shariah ‘essentials’, which translates into
eight rubrics of governance encompassing Islamic law,
politics, education, economy, health, culture, infrastructure
development and environment, as well as social milieu.
Indexing data were primarily obtained through methods of
survey and documentary review. The survey specified three
types of respondents; policy-makers, executive agencies,
and the general public.
On the other hand, the SIP works on a more global
scale, comprising the Muslim community as a whole. The
research project has a two-pronged objective. The first is
to tackle the ambiguity surrounding the definition of the
‘Islamic State’, by seeking a global consensus among top
global Muslim scholars. The second objective is to develop a
modern benchmark for an ‘Islamic State’, based on cuttingedge analytical methods in the social sciences. In contrast
with the MSI, which leans on qualitative surveys, the SIP
statistically evaluates the five ‘essentials’ using quantitative
‘proxy indicators’ used in social indexing — for example,
indicators for maqsad (divine purpose) of life would include
level of safety and security, standard of living, health,
and environment. Consultations and technical advice
were obtained from international experts in polling and
performance measurement such as Gallup, Mo Ibrahim
Index of African Nations, and Columbia University, among
others.
The two indices are not without their own concerns. For
the MSI, because it was led and funded by the government
itself, there can be concerns about its impartiality. To some
quarters, the overall result of 75.42%, ranked as ‘good’ can
be perceived as an attempt to self-praise and leverage its own
credibility. One suggestion for improvement would be to
assign independent third parties to lead the research process.
On the other hand, Imam Feisal, the team-leader for the
SIP, submitted that the huge scale of SIP could have missed
certain factors in evaluating specific cultures and different
social contexts. He gave an example the confounding factors
of cultural diversity in which a certain culture involves
children in an annual harvest event. Despite being a social
and familial activity, quantitative measurements might
consider this as ‘child-labor’, thus pulling down its Index
score. To address this ‘quantitative’ blind sight, a suggestion
would be to recourse to ‘systemic’ approaches that are better
equipped to deal with social-cultural complexities.
In conclusion, both indices are welcome initiatives to
incorporate Maqasid Shariah in Islamic governance. Both are
laudable efforts to implement Maqasid Shariah in concrete
terms beyond abstract theories, despite ample space for
enhancements. Overall, it is an inclusive move that would
enable both Muslims and non-Muslims to participate and
evaluate ‘Islamicity’ in a practical and measurable way. The
rise of Shariah-based indices, based on the universal appeals
of Maqasid Shariah, can be a viable impetus to revitalise the
role of Islam in modern governance.
Notes:
1.
Majlis Perdana Ulama Umara, at Putrajaya International
Conference Center (PICC), March 28, 2016.
2.
Info Ringkas Laporan: Indeks Shariah Malaysia. *Obtained
from the official JAKIM docket.
3.
According to Imam Feisal’s response to a questioner, in the
IAIS book launch event, March 31, 2016.
4.
Info Ringkas Laporan: Indeks Shariah Malaysia. *Obtained
from official JAKIM docket.
5.
http://www.islam.gov.my/sites/default/files/taklimat_
indeks_syariah.pdf
Quotable Quote
“Religion is never more tested than when our
emotions are ablaze. At such a time, the timeless
g�andeur of the Law and its ethics stand at our
mercy.”
– Timothy J. Winter (Abdal Hakim Murad)
“Ever� g�n that is made, ever� warship launched,
ever� rocket fired, sig�ifies in the final sense a theſt
from those who hunger and are not fed, those who
are cold and are not clothed.”
– Dwight D. Eisenhower
Hikmah
Power consists not in being able to st�ike another,
but in being able to cont�ol oneself when anger
arises.
- Hadith
March - April 2016
5
Baishakh Celebrations: The Bengali New Year
and a Cross-Cultural Festival
cont’d from page 1
by Tawfique Al-Mubarak
During the Mughal reign of India, the lunar hijri calendar was
the official reference to dates and months. The farmers were also
subject to pay tax according to the hijri calendar. However, their
harvest did not always correspond to the same hijri months,
since it was a lunar calendar and was constantly changing with
respect to the solar calendar. Mughal Emperor Akbar (r. 15561605 AD) assigned his royal astronomer Fathullah Shirazi to
devise a calendar which will allow the farmers to pay tax on a
fixed date, corresponding to their season of harvest. In 1584
AD (992 AH) Shirazi formed a lunisolar calendar, based on
the hijri lunar calendar and following the widely used Hindu
solar months. The new calendar, known as the Fosholi Shon
(Harvest Calendar), was dated from the year 1556 AD/ 963
AH, commemorating the beginning of Akbar’s reign. Since
the month of Muharram of 963 AH corresponded with the
month of Baishakh of the existing Hindu calendar, hence first
of Baishakh marked the first day of the Fosholi Shon, which was
later known as Bangla Shon or Bongabdo (Bengali Calendar).
The new calendar was synchronized with hijri years, and
calculated from the year 964, marking a difference of 593 years
with the solar calendar.
After a unified calendar, the farmers and traders found it much
easier to pay their taxes on a fixed date of the year. The New Year
would also mark the beginning of their new records of farming
and businesses, when they would open a new book known as
halkhata or the book of records. Closing of the previous book
and opening of a new halkhata was marked with celebrations
and festive greetings. Slowly, the day gained its own significance
in the Bengali culture as an occasion of renewal and joy.
Later in 1966, a committee from the Bangla Academy
headed by prominent Bangladeshi scholar Dr. Muhammad
Shahidullah revised the calendar to accommodate the leap
years of the Gregorian calendar, and determined a fixed date
for the New Year – Pohela Baishakh. The committee suggested
considering the first five months to consist of 31 days, while
the last seven months would be of 30 days each. Every leap year
of the Gregorian calendar the month Falgun (eleventh month,
which corresponds with February) would include an additional
day. The Government of Bangladesh has adopted the revised
calendar among their official calendars in 1987. However, the
original calendar remains in use in many parts of India and in
the global Hindu community, as it corresponds to the Hindu
festival of harvest known as Mesha Shankranti. There is usually
a divergence of one day between the two calendars.
The Sikh community across the globe also celebrates the day
with gaiety, as it represents the establishment of the Khalsa by
the tenth Guru of the Sikh – Guru Gobind Singh. The Khalsa
is the initiation or baptism ceremony to the Sikh community,
where one would need to take an oath of allegiance to live as
an ideal Sikh. However, the Wesak Day celebrated across the
Buddhist community is a different day altogether, despite
a resemblance in the name. The Wesak Day marks the most
significant day for the Buddhists, as it represents Buddha’s
birthday, and for some marks his enlightenment and death too.
The day often falls on the full moon of May.
(
..
Humour
Without Malice
Plain English
The man told his doctor that he wasn’t able to do all the things around the house that he used to do. When the
examination was complete, he said, “Now, Doc, I can’t take it. Tell me in plain English what is wrong with me.”
“Well, in plain English,” the doctor replied, “you’re just lazy.”
“Okay,” said the man, “Now give me the medical ter� so I can tell my wife.”
����������������������������������������������������������������������������������������������������������
Monkey
A boy with a monkey on his shoulder was walking down the road when he passed a policeman who said, “Now, now
young lad, I think you had better take that money to the zoo.” The nex� day, the boy was walking down the road with
the monkey on his shoulder again. When he passed the same policeman, the policeman said, “Hey there, I thought
I told you to take that money to the zoo!” The boy answered, “I did! Today I’m taking him to the cinema.”
6
March - April 2016
Benefits of Interactive Learning
cont’d from page 1
by Abdul Karim Abdullah
Learning is a holistic experience. It is also an interactive
process. Interaction takes place in many ways. There is
interaction between teacher and student, interaction among
students, (group work), interaction through exchange of
books and documents and interaction by means of the media
such as the Internet.
An important characteristic of interaction is its dynamic
character: interaction challenges all participating parties. By
means of exchanging various ideas and points of view, all
participants can improve their grasp of issues and thereby,
hopefully, contribute to their successful resolution.
Interaction has many benefits. It makes learning interesting.
Interest in turn motivates the participants. The teacher
supervises classroom activities. He or she is “a guide on the
side rather than a sage on the stage.” Students are encouraged
to work independently or in groups.
Technology has emerged as an integral component of the
learning experience. Countless lectures, discussions and fora
are now available on YouTube. Facebook, various websites
and blogs provide additional resources. An increasing number
of reputable academic journals are becoming available online
at no cost, without the need to subscribe, under “open
access.” Search engines, iPads and even smart phones can
assist in learning. It is important to ensure, however, that
both teachers and students know how to use new technology.
As a result of the expansion of knowledge, learning has
become a lifelong experience. Because of the large volume of
material being generated, the ability to assess its reliability
has become an important task. It is vital to know how to
tell the difference between credible information and mere
propaganda. Telling the difference requires critical thinking.
The interactive method contrasts with a teacher-centered,
top down learning process. In this “method” the students
are hardly more than receptacles of “knowledge,” with few
opportunities to ask questions about what they are “taught.”
Students get few opportunities to develop their individual
talents in such conditions. Often they are expected to
adopt given perspectives without a critical examination or
discussion of those views. Few environments could be more
stifling than a classroom where little discussion and analysis
take place.
Among the most interactive time-tested way of learning is
the question and answer method. Indeed, the Qur’an uses it
extensively. Asking and answering questions makes learning
meaningful and rewarding. At no time should a teacher
discourage his or her students from asking questions. To do so
would be to stifle the interest of the student and demotivate
him or her.
The classroom is a microcosm of “the real world.” A degree
of experimentation – including articulating various points of
view – needs to take place. There should be an atmosphere of
friendly cooperation.
Student activities should include group work, independent
research and discussions. Group work enables students to
develop collaborative skills. Independent research allows
students to develop informed points of view and learn to
work with minimal supervision. This enhances their capacity
to be self-reliant.
There should be opportunities for developing the ability to
“think outside of the box” by means of activities requiring the
use of the imagination. Role-playing is a time-tested method
for this purpose. The need to perform tasks in a focused,
rigorous and disciplined way also needs to be inculcated in
the students.
Clear writing presupposes clear thinking. The latter in turn
presupposes strong analytical skills. Knowledge is best learned
when it is “discovered.” In this process, it is important to
address the “why” questions. It is also important to identify
any assumptions that may underlie a specific approach or
point of view. For such assumptions can have a major impact
on how one approaches and therefore understands a given
subject. In this way, underlying assumptions can either
facilitate or hinder critical enquiry, as the case may be.
Analytical skills can be developed in brainstorming sessions,
discussions or by means of interpretation and analysis of text.
Issues should be discussed within the larger social context
and not in isolation from prevailing conditions. This makes
the learning experience both interesting and relevant.
Question and answer sessions should be part and parcel
of presentations. Learning should be student rather than
teacher centered. It is imperative to ensure that students
who learn more quickly than others do not become wearied,
and that students that may need additional help are not left
behind. This can be accomplished by providing sufficient
opportunities for asking questions but also by engaging
more advanced students to help weaker students by means
of peer tutoring. In this process, the more advanced student
takes on the role of the teacher.
It is important to bear in mind that the acquisition of
knowledge requires the mastery of prior knowledge that
serves as the foundation for all subsequent learning. Thus
learning must always begin with what is easy to grasp and
only then move on to what is more challenging.
March - April 2016
7
EVENT REPORTS
Memorandum of Understanding (MOU) between
IAIS Malaysia and Ibn-e-Sina University
International Institute of Advanced Islamic Studies (IAIS) Malaysia has signed a memorandum of Understanding (MOU) with
Ibn-e-Sina University. Ibn-e-Sina is a leading nonprofit private University in Afghanistan with excellent knowledge and experiences
in higher education, research, publications and having professional human resources with high capacity in various academic fields.
Ibn-e-Sina has an excellent team of professionals in Islamic studies with Phd holders in Philosophy, Islamic Studies and Social
Sciences.
Ibn-e-Sina University has proposed two prospects for joined research with IAIS Malaysia, and we are communicating about
progress of that research.
EVENT REPORTS
The Fourth Abdullah Yusuf Ali Memorial Lecture: “English as a Modern Literary Language
for Islam: The Significance of Yusuf Ali’s Translation of the Qur’an” by Surin Pitsuwan
by Tengku Ahmad Hazri
On 16 April 2016, IAIS Malaysia and Islamic Book Trust (IBT) co-organised the fourth Abdullah Yusuf Ali Memorial Lecture on
“English as a Modern Literary Language for Islam: The Significance of Yusuf Ali’s Translation of the Qur’an” by Dr Surin Pitsuwan,
an eminent diplomat and Islamic scholar who has served as Thailand’s Foreign Minister and ASEAN’s Secretary-General.
Pitsuwan took as a starting point Yusuf Ali’s remark in the Introduction to the very first edition of his translation: “I want to make
English itself an Islamic language, if such a person as I can do it.” By now a classic and one of the most widely English translations
of the Holy Book, Yusuf Ali’s translation possesses a few distinctive features which Pitsuwan carefully distilled. Among others, the
work was motivated by the need to render the language of the scripture accessible to all yet preserves the beauty and aesthetic quality
of the original Arabic.
More than mere translation, Yusuf Ali offers backgrounds and overviews of the surahs (chapters) and builds on the rich heritage
of classical tafsir scholarship which enables him to decrypt some of the hidden meanings of selected verses. A case in point is the
Chapter on the Cave (Surah al-Kahf ) which alludes to Musa’s resolve not to give up searching “until I reach the junction of the two
seas (majma’ al-bahrayn)”, baffling scholars as to where on earth literally and exactly that location is. Through the tafsir of Baydawi,
it was disclosed that the so-called “junction of the two seas” is not literally geographical location but the meeting point between
two streams of knowledge, i.e. discursive knowledge and mystic knowledge (‘ilm al-laduniyyah), the latter of which he learned from
Khidr.
Yusuf Ali’s attempt to make English an Islamic language echoes a xenophilic tendency partly due to historical precedent but also
partly justified by political consideration. With regards to the former, historically, in medieval Europe, Latin was language for Islamic
studies because it was the language into which the works of Al-Farabi, Ibn Sina, Ibn Rushd, Ibn al-Haytham were translated. With
regards to the latter there are Islamic scholars who have already been writing in English such as Fazlur Rahman, Seyyed Hossein
Nasr and Ismail Faruqi, who were based abroad since situations back in their homeland were not conducive for Islamic scholarship.
Pitsuwan was introduced to Abdullah Yusuf Ali by Muhsin Mahdi, who was a student of the philosopher Leo Strauss, an émigré
scholar, symbolic of the scenario facing Muslims. Great Islamic scholars had to migrate outside their countries because their own
Muslim country had been un-conducive to pursue research with controversial ideas. Today, without English, we can’t know the
world. Muhsin Mahdi wanted him to understand two key words: istislah and istihsan which meant different things to philosophers,
theologians, Sufis and jurists, suggesting the nuances and shades of meaning that language has to offer.
Hikmah
“A moment of patience in a moment of anger saves a thousand moments of reg�ets.”
8
March - April 2016
– ‘Ali ibn Abi Talib (RA)
EVENT REPORT
Halal Cosmetics & Personal Care: In Trend
(16th February 2016, KLCC Convention Centre, Kuala Lumpur)
by Apnizan Abdullah
The one-day forum on “Halal Cosmetics and Personal Care: In Trend” was organised by the Halal Development Corporation
(HDC) on 16 February 2016 at KLCC Convention Centre Kuala Lumpur. The forum started with the networking and exhibition
session which was attended by prominent brand names in the Halal cosmetics and personal care industry namely, Clara International
Beauty Group, Mazaya Divine Beauty, Al-Meswak Mu’min Sdn Bhd, Simply Siti, Sendayu Tinggi and Forest Secrets. Subsequently,
the event proceeded with a grooming session hosted by local fashion designer, namely Azura Azwa. The forum continued with the
first sharing session on “Knowledge Sharing: Economy Behind Beauty” featuring four prominent speakers who are also key persons
within their companies. They were Encik Amirullah Abdullah, the Chief Operating Officer (CEO) of Mazaya Divine Beauty, Mr
Woo Wee Kang, the Chief Operating Officer (COO) of Clara International Beauty Group, Encik Asyraf Datuk Khaled, the CEO
of Simply Siti and Dato’ Haji Zaihal Hazri Abdul Halim, the CEO of Al-Meswak Mu’min. The speakers shared their experiences in
engaging their business with Halal and Halalan Tayyiban requirements. All speakers agreed that engagement in Halal and Halalan
Tayyiban concepts is in parallel with the increasing demands for safe, hygienic, pure and organic products in domestic and global
cosmetics and personal care markets.
In the afternoon, the second sharing session on “Trending: Latest scenario” witnessed the insightful presentation by Mr Fakarudin
Mas’ud of the Department of Islamic Development Malaysia (JAKIM), Ms Zuraidah Abdullah of the National Pharmaceutical
Control Bureau, Ministry of Health and Dr Puziah Hashim, the Halal trainer and Consultant of BB Board Sdn Bhd. The speakers
discussed the legal, Shariah and Standards requirements for Halal cosmetics and personal care products. The event was then officiated
by the Deputy Prime Minister YAB Dato’ Seri Dr. Ahmad Zahid Hamidi who respectfully invited the former Malaysian Prime
Minister, Tun Abdullah Ahmad Badawi to co-officiate the forum. Tun Abdullah has been active in promoting Halal industry since
his tenure as Prime Minister.
Before the forum ended, Ms Salma Chaudhry, the CEO of the Cosmetics Company, a UK based organic and Halal cosmetics
producer shared her experience in developing Halal cosmetics products in the Europe. Her session was then followed by the second
grooming session hosted by Madam Nor Hayati Kamarzaman of Sendayu Tinggi Holdings. The forum indeed highlighted deeper
insights of the Halal Cosmetics and Personal Care products industry which has grown promisingly over years. The global cosmetic
market was reported to be of USD460 billion in 2014 and expected to grow to USD 675 billion by 2020. Its trajectory growth is
projected at 6.4% per annum and 27%-32% of the figure would be from cosmetics and personal care. It was highlighted by one of
the invited speakers, Mr Amirullah Hj Abdullah of the Mazaya Divine Beauty that global Muslims expenditure on cosmetics and
personal care was reported to count at USD 54 billion in 2014. The figure is forecasted to grow at 14.5% per annum ever since.
Based on the statistic mentioned, Halal cosmetics and personal care industry is potentially a highly lucrative market to be further
explored by the halal industry players.
Quotable Quote
“Let us always meet each other with a smile, for the smile is the beginning of love.”
– Mother Theresa
“Life is a series of nat�ral and spontaneous changes. Do not resist them - that only creates sor�ow. Let realit� be
realit�. Let things flow nat�rally for�ard in whatever way they like.”
– Lao Tzu
“Prog�ess is impossible without change, and those who cannot change their minds cannot change any�hing.”
– George Ber�ard Shaw
March - April 2016
9
RESEARCH, PUBLICATION AND CONFERENCE PRESENTATION
Prof. Dr Mohammad Hashim Kamali has written an article “Islam and Sustainable Development,” and a viewpoint
“Jurisprudence of Minorities (Fiqh Al-Aqaliyyat) Revisited,” published in Islam and Civilisational Renewal (ICR), Vol. 7 No.
1 (January 2016). He finalised a focus article, “Peace in the Islamic Tradition: One Vision, Multiple Pathways,” for ICR Vol.
7 No. 2 (April 2016). He has written two short articles on “Issues in the Theory of Ijtihad: A Reappraisal” and “Islam and
Peace” for IAIS Bulletin No. 29, (November-December 2015) and Bulletin No. 30, (January-February 2016) issues. Two of
his articles “Islam Advocates Moderation” and “Islam a Religion of Peace” appeared in the New Straits Times, 7 December
2015 and 23 March 2106 respectively. He served as Team Leader looking into academic reform at Hamad Bin Khalifa
University of Qatar, 27-28 April, Doha, Qatar.
He was a Panel Discussant at the Book Launch – ‘Defining Islamic Statehood: Measuring and Indexing Contemporary Muslim
States’, by YABhg Tun Hj Abdullah Ahmad Badawi, 31 March 2016, IAIS Malaysia, Kuala Lumpur. On 23 November 2015,
Professor Kamali gave special remarks and Book Introduction at the Book Launch, ‘The Middle Path of Moderation in Islam:
The Qur’anic Perspective of Wasatiyyah’, by HRH Sultan of Perak at IAIS Malaysia, Kuala Lumpur.
Assoc. Prof. Dr Mohamed Azam Mohamed Adil has published eight articles, namely, “The Application of Shariah Principles
of Ta’zir in Malaysian Common Law: A Maqasid-based Proposal,” ICR, Vol. 7. No. 1. January 2016; “Custodial Issues upon
Conversion of One Spouse to Islam,” IAIS Bulletin, No, 30. Jan-Feb 2016; “Wasatiyyah Dalam Kehidupan,” Utusan Malaysia,
15 Jan 2016; “Biar Mahkamah Putuskan Isu Agam Kanak-kanak,” Berita Harian, 17 Jan 2016; “Tuntutan Hak Asasi Abai
Batas Agama Bawa Kehancuran,” Berita Harian, 17 Feb 2016; “Hak Menentukan Agama Kanak-kanak,” Dewan Tamadun
Islam, DBP, Mac 2016; “Muslim Tidak Bebas Tukar Agama,” Berita Harian, 13 April 2016; and “Rujuk Mufti Dapat Nasihat
Akidah,” Berita Harian, 21 April 2016. As Chairman of events, he took charge of UN Women Afghanistan Exposure Visit Gender Responsive Law Reform Process in the Context of Islam (Including 2-day Workshop), IAIS Malaysia, 10-15 Jan 2016. He
appeared on the following TV stations: Maqasid Syariah, TV Hijrah, 6 Feb 2016; Maksim Undang-undang Islam, TV Hijrah,
19 March 2016; Slot Assalamualaykum, TV Hijrah, 7 March 2016; and Slot Selamat Pagi Malaysia, TV1, RTM, 8 March
2016. In recognition on his active involvement in PISWI, JAKIM for 2013-2015, he received an excellent award from YB
Dato’ Seri Jamil Khir Baharom, Minister in the Prime Minister’s Department on 3 March 2016; as well as congratulations and
an award from UiTM as supervisor for a PhD student who has completed her study in April 2016.
Abdul Karim Abdullah (Leslie Terebessy) has completed his book, “Issues in Islamic and conventional Finance: A Critical
Appraisal.” MPH Bookstores has expressed interest in co-publishing it with IAIS Malaysia. He has also written an article for
the IAIS Bulletin No. 31, covering March to April 2016, on the “Benefits of Interactive Learning.” He finished an article
for the IAIS Website on Fazlur Rahman that was posted on 21 April 2016. He attended book launches at IAIS Malaysia by
Imam Faisal Rauf and Dr. Osman Bakar on 31st of March and 16th of April 2016, respectively. He regularly participates in
Research Fellows seminars and serves on a number of committees, such as the ICR Editorial Committee, the IAIS Bulletin
Committee, the Website Committee and the Conference Committee.
Alexander Wain recently contributed a research article to the ICR, entitled ‘The Han Kitab Tradition in the Writings of
Wang Daiyu, Ma Zhu and Liu Zhi, with a Note on Their Relevance for Contemporary Islam.’ He followed this up with a
shorter piece for the IAIS Bulletin, entitled ‘Chinese Islam and Political Accommodation: A Tool Against Extremism,’ and an
ICR viewpoint, ‘Indigenous Modernity: A Necessary Basis for Islamic Renewal and Reform.’ His ongoing research projects
include the finalisation of an article on the so-called Malay Annals of Semarang and Cirebon, to be published in the Journal
of Southeast Asian Studies, a chapter in the Oxford Handbook of Islamic Archaeology on Southeast Asia, and a research article on
the origins and likely date of the famed Melaka chronicle, the Sulalat as-Salatin (or Sejarah Melayu). With Professor Kamali,
he is also preparing the IAIS Architects of Civilisation series for book publication.
Tawfique al-Mubarak has submitted a Policy Issues Paper (PIP) on “Sustainable and Responsible Investment (SRI) Policies
for Islamic Financial Institutions (IFIs),” to be published by IAIS Malaysia. Recently, he submitted a paper on “Maqasid of
Zakah and Awqaf and their Roles in Inclusive Finance” for the forthcoming ICR (April 2016 issue) and an event report on
the “Inaugural Responsible Finance Summit (RFS)” held at KL on the 30th and 31st March 2016. And for the current issue
of IAIS Bulletin, he has written on “Boishakh Celebrations”. Earlier, his piece on “Umar ibn al-Khattab: The Rightly Guided
Man of the Ummah” was published under the Architects of Islamic Civilisation section of the IAIS Website.
10
March - April 2016
Tengku Ahmad Hazri continues his three-tiered research on Islam and constitutionalism, covering (1) the conceptual
foundations of constitutionalism in Islam; (2) constitutional reforms in the Muslim world; and (3) constitutional perspectives
on Islamic law in Malaysia. He penned an article, “The Rule of Law in Islam: Between Formalism and Substantivism” which
was published in Islam and Civilisational Renewal (January 2016). Currently, he is researching on Islam and statehood, on
the scope of Syariah offences in Malaysia, and on institutionalisation as a dimension of constitutional reform, in addition
to a policy paper, “Beyond Turf Wars: Safeguarding Fundamental Liberties in the Syariah Courts” and revising an earlier paper,
“Reimagining Constitutionalism through Maqasid al-Shari’ah” which was presented at the International Conference on
Maqasid al-Shariah in Governance and Public Policy (15-16 June 2015, IAIS Malaysia, Kuala Lumpur). He is also writing
short pieces on “Constitutionalising Islam” and “Interpreting Islam in the Constitution: Question of Fact or of Law?”
Ahmad Badri Abdullah published ‘The Application of Shari’ah Principles of Ta‘zīr in Malaysian Common Law System:
A Maqāåid-based Approach’, a journal article in the January 2016 ICR, and completed a policy issue paper on ‘Challenges
Facing the Halal Vaccines: Issues and Proposed Solutions’. He also contributed a Viewpoint for the April 2016 issue ICR
entitled ‘The Dawn of Shari’ah-based Indices: A Brief Comparison of the Malaysian Shari’ah Index (MSI) and the Shari’ah
Index Project (SIP)’. A shorter version of the article was published in the IAIS Bulletin (March - April 2016). He was also
invited by the University Malaya Halal Research Institute (IHRUM) to give a talk entitled ‘Vaccine and Vaccination from
the Islamic Perspective’ on 25 February 2016.
Apnizan Abdullah has written an article for the IAIS journal, Islam and Civilisational Renewal (ICR), the January 2016 issue
entitled “Crowdfunding as An Emerging Fundraising Tool: With Special Reference to the Malaysian Regulatory Framework”.
This piece of work is planned to be extended to a comparative study of selected jurisdictions all around the world. She is
currently heading the legal team of the steering committee for the establishment of Sadaqa House, a research project funded
by Bank Islam Malaysia Berhad which is led by IRCEIF, Islamic University College Selangor. Being part of the Halal study
team, she is in the midst of finalising the modules for the Halal short courses and Certified Halal Executive Compliance
Programme (CHECP). She is also preparing two Policy Issue Papers on Halal Parameters under the supervision of Prof Dr
Mohammad Hashim Kamali.
Wan Naim Wan Mansor is preparing an article for the April 2016 edition of the ICR, ‘Maqsad Hifz Ad-Din in Malaysian
politics’. In the January 2016 issue of the ICR he contributed a Viewpoint touching upon the subject of interfaith child
custody from the perspective of Islam, “The Indira Gandhi Case and the Advocacy of Justice”. An abridged version of the
Indira Gandhi article was also published in the IAIS Bulletin. He had also completed a Viewpoint with Ahmad Badri,
comparing two recent Maqasid Shariah-based Indices, launched side-by-side at the end of March 2016. One is a short-term
and localised index, focusing on Malaysia, while the other is a decade-long international indexing project, covering the entire
Muslim community. He is also involved in an ongoing IAIS book project, ‘Maqasid Shariah and Muamalat’. He continues
to conduct research on Malaysian political Islam, Maqasid Shariah and inter-faith engagement.
Hikmah
“Declare your jihad on t�elve enemies you cannot see _ egoism, ar�ogance, conceit, selfishness, g�eed, lust,
intolerance, anger, lying, cheating, gossiping and slandering. If you can master and dest�oy them, then you will
be ready to fight the enemy you can see.”
– Abu Hamid al-Ghazali
(
..
Humour
Without Malice
Heard This One Before
A man boasts to a friend about his new hearing aid, “It’s the most ex�ensive one I’ve ever had, it cost me USD3,500”.
His friend asks, “What kind is it?”
The braggar� says, “Half past four.”
March - April 2016
11
EVENTS AT IAIS MALAYSIA
DATE
EVENTS
10th March
Seminar : Fatwa Issues in Contemporary Context: Contemporary Fiqh in Facing the Reality of Malaysian
Modern Society
26th - 27th March
Conference : International Islamic Banking & Finance Law Conference 2016 (IIBFL 2016)
31st March
Book Launch and Panel Discussion: Defining Islamic Statehood: Measuring and Indexing Contemporary
Muslim States
16th April
Book Launch and Public Lecture: The Fourth Abdullah Yusuf Ali Memorial Lecture” by Dr Surin Pitsuwan
Tun Abdullah launching Imam Feisal’s
book at IAIS Malaysia
Participants at IAIS Book launch
Professor Datuk Osman Bakar at the
launch of his book “Quranic Pictures of
the Universe” at IAIS Malaysia
Professor Emeritus Dato’ Mahmood
Zuhdi at Fatwa Seminar
Professor Kamali and Dr Azam at Fatwa
Seminar
Participants at Fatwa Seminar
Mufti of Terengganu, Dato Dr Zulkifly
bin Muda with Professor Kamali
Dr. Irwan Mohd Subri at Fatwa Seminar
Participant at IAIS Fatwa Seminar
Book Launch and Panel Discussion at
IAIS Malaysia
Booth outside IAIS Conference Hall
Tun Abdullah launching Imam Feisal’s
book at IAIS Malaysia
Ambassador of Kuwait, H.E Saad
Abdullah Saleh al-Asous with Dr. Azam
and Tan Sri Ahmad Al-Farra
Special Visit to the Embassy of Qatar in
Kuala Lumpur
Participants at IAIS book launch
Keynote address by Dr Surin Pitsuwan
Keynote Address by Dr Surin Pitsuwan
12
March - April 2016