Mohammad Hashim Kamali
Professor Dato' Dr. Mohammad Hashim Kamali is founding CEO of the International Institute of Advanced Islamic Studies (IAIS) Malaysia.
I MAY begin by posing a question: Are there any indicators to tell us that Islam anchors itself in the middle path of moderation, to show, in other words, that wasatiyyah is the governing principle of Islam? Islam’s advocacy of wasatiyyah is, first of all, known by the explicit affirmation of the Quran that designates the Muslim community as a community of the middle path (ummatan wasatan) (Al-Baqarah, 2:143). This Quranic designation is espoused with a commitment for the ummah to act as witnesses for truth and serve the cause of justice.................Download the full article in pdf attachment (below)
The paper I have prepared is entitled: ‘Shariah Regulations in Contemporary Reforms of Waqf’ and I have focused mainly on expounding the rules of Shariah, which are fairly well-developed on the subject of waqf, but most of them are based on ijtihad. There is in fact little in the Quran; in fact there is no reference to waqf specifically in the Quran. As such, these are ijtihadi rules that would suggest that the subject is open to further development in line with the experiences in the needs of the Muslim community at any given time. In the hadith there is a specific reference to waqf. Although there is no specific reference on waqf in the Quran, there are many references encouraging charity, helping the poor, orphans and the needy. These verses are very well- known, “Lan tanalul-birra hatta tunfiqu mimma tuhibbun,” (You shall not achieve excellence unless you give of the assets that you love for yourself to others)..................Download the full article in pdf attachment (below)
The information on Shariah provided in this paper is organized in 52 pages and eight sections, all in question and answer format, and is reflective of the classical Shariah positions and how they are applied or feature in the present-day Muslim countries. Some of the areas where modern reforms and Islamic revivalism of the latter part of twentieth century might have introduced changes are also mentioned. Each section features a number of questions of general interest, some topical and others informative of the state of the art. The purpose is not to provide exhaustive details on any of the themes discussed but to introduce Shariah in a nutshell, as it were, to readers with various levels of familiarity with the subject, Muslims and non-Muslims alike.................Download the full article in pdf attachment (below)
In this two-part series on 'Extremism, Terrorism and Islam: Juristic and historical perspectives', Mohammad Hashim Kamali, founding CEO of IAIS Malaysia, discusses the various forms of religious extremism, and how they triumph wherever moderation is weak................Download the full article in pdf attachment (below)
Available in two-parts, Part I and Part II
This article advances an enquiry into President Hamid Karzai’s (r. 2001-2014) constitutional legacy with special reference to relations between the executive and legislature during his presidency. Before engaging in that enquiry, a brief account is given in the introduction of the developments during the months following Karzai’s exit from office. What happened during this period tends to accentuate the unresolved issues of Karzai’s presidency and put Afghanistan’s commitment to constitutionalism to the test. The events of the past six months also point to the need for clarity regarding the status of constitutional interpretation and judicial review, two necessary ingredients of constitutionalism that ensure the conformity of laws and government action with the constitution. Dysfunctional executive-legislature relations and ambiguities over matters of interpretation have often meant that disagreement over issues did not find prompt and effective solutions.
This article is structured with an introduction and six sections. The introduction takes a look, as already mentioned, at the developments after Karzai left office. The first section discusses the presidential system Afghanistan has adopted under the 2004 Constitution, and the succeeding two sections address constitutional interpretation and the question as to who has the power to interpret the Constitution. Sections four and five are devoted to a discussion of judicial review, and the conflict of jurisdiction over who has the power of judicial review in Afghanistan respectively. The
last section looks into the parliamentary powers with special reference to the use of the noconfidence vote by the Wolesi Jirga. This article concludes with a brief reflection back on the post-Karzai developments, the hitherto unmet challenges over constitutional issues Afghanistan is faced with, and the way forward toward solutions.
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Available in three languages; 1. English 2. Dari, 3. Pashto
DRAWING comparisons should be underlined by a balance of commonalities and contrasts, but in the case before us, Islam and human rights are often seen to be too different to recognise and accommodate one another. Yet, the commonalities between them are undoubtedly predominant: Islam upholds human dignity, justice, the rule of law, basic rights and liberties, and an egalitarian social order. The juristic and scholastic articulations of Islam bear the influences of history and time, which may not be integral to its essence and must, therefore, remain open to evolution and reform................Download the full article in pdf attachment (below)
SUICIDE falls under the Quranic prohibition of killing without a just cause simply because a Muslim does not have the right to take his own life. Since life is a God-given gift, it may not be subjected to destruction and abuse even by oneself. This is why syariah prohibits suicide as a heinous sin for which the perpetrator is liable, in the event of an unsuccessful attempt, to a deterrent penalty of ta’zir. If the attempt succeeds, the person is still liable...............Download the full article in pdf attachment (below)
THE concept of jihad fisabilillah (striving in the path of God) as contained in the Quran and Hadith has often been distorted and misused by the perpetrators of military violence and terrorism, Muslims and non-Muslims alike. Matters are made worse by the fact that the word has gained commercial appeal in Europe and the United States. Writers seeking to make their publications commercially successful have...............Download the full article in pdf attachment (below)
Kemaafan atau keampunan merupakan antara mekanisme yang terdapat di dalam perbahasan teologi dan perundangan Islam. Sepertimana yang terdapat pada tradisi lain, ia berperanan bagi melepaskan seseorang daripada sebarang hukuman, tuduhan, liabiliti sivil, serta kesalahan dalam neraca agama. Hal yang sama dapat juga dicapai dengan mengambil metod-metod yang lain seperti perdamaian, perbicaraan, serta arahan kehakiman...............Download the full article in pdf attachment (below)
MUSLIM scholars have differed in their assessment of democracy and constitutionalism from the viewpoint of Islamic principles. The view has gained ground, however, that a democratic system of rule is on the whole acceptable to Islam. This is because democracy is about fundamental rights and liberties, the rule of law, a representative and participatory government, separation of powers, and equality before the law............ Download the full article in pdf attachment (below)