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. FOR COMMENT AND SUGGESTION Scan the QR code using your device to join our mailing list. We'll e-mail you our newsletter. continued on page 2 please send email to: iepistemology@hotmail.com Published in: Kuala Lumpur, Malaysia Please visit the link below for ARCHIVES http://omarkasule-ilm.blogspot.com/p/e-newsletter.html Newsletter ( Page 1 of 2 ) If you are interested in purchasing a copy, please contact publications@iais.org.my or 03-7956 9188. The price is RM 60 excluding postage. 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