IAIS Malaysia

Joint Publications

The Right to Life, Security, Privacy and Ownership in Islam

 

right to life

Author: Mohammad Hashim Kamali
Kuala Lumpur: Ilmiah Publishers & IAIS Malaysia, 2013
xxv + 318 pages, paperback
ISBN: 978-967-5826-16-0

 

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 Shariah imposes on the exercise of this right including taxation, inheritance and bequests.

Last Updated on Wednesday, 11 December 2013 16:34

Hits: 373

Citizenship and Accountability of Government: An Islamic Perspective

 

citizenship and accountabilityAuthor: Mohammad Hashim Kamali
Kuala Lumpur: Ilmiah Publishers & IAIS Malaysia, 2013
x + 321 pages, paperback
ISBN: 978-967-5826-17-7

The concepts of citizenship and the accountability of government have never been discussed as separate topics in Islamic Jurisprudence. In Citizenship and Accountability of Government: An Islamic Perspective, Prof. M.H. Kamali brings together these two subjects, traces their origins in the Qur’an, the Sunnah of the Prophet and the practice of the first four caliphs; follows their integration under different branches and discussions of the rights and obligations of Muslims in Islamic law; and finally, advances possible applications for each subject to modern Muslim states and to the position of Muslims living in non-Muslim countries.

Citizenship and Accountability of Government: An Islamic Perspective includes discussions of: the definitions of citizenship; the rights of citizens; the duties of citizens; citizenship laws; the concepts of dar al-Islam (abode of Islam); dar al-harb (abode of war) and the dar al-‘ahd (abode of treaty); the ummah and the nation-state; government as a trust; the selection of officials; the relationship between authority and citizens; corruption and the misuse of public funds; despotism and dynastic misrule; the right of complaint; the limits of obedience; impeachment of officials and heads of state; the foundation of institutions of accountability.

In addition to the topics of citizenship and accountability of government, this volume contains a discussion of freedom of movement in Islam which is the last of the fundamental rights in Prof. M.H. Kamali’s series on fundamental rights and liberties in Islam. Freedom of movement is included in this volume as it was never discussed as a separate topic in Islamic jurisprudence and therefore has certain similarities with the two other subjects of this volume.

Last Updated on Wednesday, 18 December 2013 13:01

Hits: 359

The Right to Education, Work and Welfare in Islam

 

right to educationAuthor: Mohammad Hashim Kamali
Kuala Lumpur: Ilmiah Publishers & IAIS Malaysia, 2013
x + 294 pages, paperback
ISBN: 978-967-5826-15-3

In The Right to Education, Work and Welfare in Islam Professor M.H. Kamali develops an Islamic perspective on three connected and complementary areas of rights and liberties. He urges that education is often a necessary ingredient of professional work even more so now than in earlier times when the range and variety of specialised knowledge were relatively limited. A person who acquires education, whether generally or at advanced levels of specialisation, is more likely to stand in a better position to enter the workforce and thus to contribute to the welfare of the community.

The author commences his discussions on education, work and welfare in Islam by focusing on how each is treated in the Qur’an; and follows this by the example of the Prophet and, after him, the Pious Caliphs who gave prominence to the education and welfare needs of people at times both of scarcity and affluence. Professor Kamali then moves forward to our time and discusses the right to education, the education of children, institutionalisation of learning, academic freedom and the debate between science and religion.

The section on work elaborates on the value of work, work ethics, workers’ and employers’ rights and responsibilities, and the role and responsibility of governments.
Finally, the section on welfare focuses on the importance in Islam of caring for those who are in need and the different forms of provision that can be made available by individuals, the state and charities.

Last Updated on Wednesday, 11 December 2013 16:34

Hits: 336

Occasional Paper No. 20: Maqasid Al-Shariah, Ijtihad and Civilisational Renewal

 

OccasionalPaperNo20Author: Mohammad Hashim Kamali
London & Washington: The International Institute of Islamic Thought; Kuala Lumpur: IAIS Malaysia, 2012
vi + 53 pages, paperback
ISBN: 978-1-56564-579-0

This paper develops the idea of a maqasid-based framework for ijtihad and civilisational renewal (tajdid hadari), a broad and engaging prospect that also involves a review and reappraisal of the methodology of Islamic jurisprudence relating to both the maqasid and ijtihad. The author argues that this would enable Muslims to widen the scope and horizon of the maqasid or objectives of Islamic law from their currently legalistic leanings towards the wider perspective of civilisational renaissance. The nexus that needs to be developed between the maqasid and ijtihad also needs to be supported by a credible methodology, which is what the author has attempted in this paper.

Last Updated on Wednesday, 18 December 2013 13:06

Hits: 354

Hikmah

Anyone who believes in God and the Last Day (of Judgment) should not harm his neighbour. Anyone who believes in God and the Last Day should entertain his guest generously. And anyone who believes in God and the Last Day should say what is good or keep quiet.- Hadith: Sahih Al-Bukhari, Volume 8, Book 73, Number 47.

Quotable Quotes

If you can, help others; if you cannot do that, at least do not harm them (Dalai Lama).

Humour Without Malice

Someone said to someone by the name Ashab, "If you were to relate traditions and stop telling jokes, you would be doing a noble thing." "By God!" answered Ashab, "I have heard traditions and related them." "Then tell us", said the man. "I heard from Nafai," said Ashab, "on the authority of such-and-such, that the Prophet, may God bless him, said, "There are two qualities, such that whoever has them is among God's elect." "That is a fine tradition," said the man. "What are these two qualities?" Nafai forgot one and I have forgotten the other," replied Ashab.

IAIS Malaysia 2008-2017 - All Rights Reserved.