Mohammad Hashim Kamali

Mohammad Hashim Kamali

Professor Dato' Dr. Mohammad Hashim Kamali is founding CEO of the International Institute of Advanced Islamic Studies (IAIS) Malaysia.

hududThis article proposes a substantive revision of the established meaning of hudud, utilising a scriptural as opposed to a juristic approach. The article notes that hudud in the Qur’an signifies limits on behaviour set by God Most High, rather than punishments. This latter meaning is of a later, juristic origin. Hadd is an offence for which punishment is specified in the Qur’an or in authentic Hadith. The Qur’an specifies four such offences: adultery, theft, slanderous accusation and highway robbery. Some jurists later added wine drinking and apostasy, while still others added mutiny or rebellion against ruling authority. Professor Kamali argues that repentance and forgiveness should be incorporated into the revised understanding of hudud, as the Qur’an places a strong emphasis on compassion and leniency, something that has not been reflected in the fiqh tradition.... Download the full article in pdf attachment (below)
Sunday, 18 October 2009 07:55

Shari'ah Perspective on Halal and Haram

halalThe Halal industry is still in its early stages of development, and efforts to chart the way forward in compliance with Islamic principles are desirable and necessary. As with Islamic banking in the early years, this industry has also been largely driven by markets demands and realities. It would advisable to enrich the achievements of the Halal industry with research efforts that advance a better understanding of Islamic principles and the scientific knowledge relevant to our concerns. This article begins with a review of evidence in the Qur'an and Hadith on the Halal and mubah, and then proceeds to address the Haram.... Download the full article in pdf attachments part 1, 2 and 3 (below)
legalThis essay introduces the legal maxims of fiqh as a distinctive genre of fiqh literature side by side with three other related areas of development, namely al-dawabit (rules controlling specific themes), al-furuq (distinctions and contrasts), and al-naariyyat al-fiqhiyya (general theories of fiqh). Developed at a later stage, these genres of fiqh literature seek, on the whole, to consolidate the vast and sometimes unmanageable juris corpus of fiqh into brief theoretical statements. They provide concise entries into their respective themes that help to facilitate the task of both the students and practioners of Islamic law. Legal maxims are on the whole inter-scholastic, and disagreement among the legal schools is negligible on them. Legal maxims also closely relate to the maqasid, and provide useful insights into the goals and purposes of Sharia (maqasid al-sharia), so much so that some authors have subsumed them under the maqasid. Yet, for reasons that will presently be explained, legal maxims represent a late development in the history of Islamic jurisprudence ... Download the full article in pdf attachment (below)
Tuesday, 20 October 2009 16:47

Article on Kartika

karticaKartika Sari Dewi Shukarno’s show of remorse has the public calling for the suspension of the caning sentence. MOHAMMAD HASHIM KAMALI examines the reasoning, or the lack thereof, behind the Kuantan syariah court judgment HOW does the Kartika Sari Dewi Shukarno case fare from our reading of the sources of Islam? Some aspects of the case that call for reflection are ... Download the full article in pdf attachment (below)
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