Mohammad Hashim Kamali
Professor Mohammad Hashim Kamali is founding CEO of the International Institute of Advanced Islamic Studies (IAIS) Malaysia.
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)
MUHAMMAD (peace be upon him) was the posthumous son of Abdullah and his wife, Aaminah, among the nobility of the Qurash tribe of Mecca whose line of descent reaches Prophet Ishmael, son of Prophet Abraham. Born in 570 AD, his mother died when he was 6 and was brought up by his paternal grandfather, Abdul Mutalib, and uncle Abu Talib. He was nursed by Halimah, who took the young Muhammd to her desert home for two years............ Download the full article in pdf attachment (below)
THE ongoing campaign Malaysia is waging against corruption has gained momentum. Tunku Abdul Aziz called it an "All-Malaysian duty" in which everyone should take part, regardless of political affiliation (NST, Jan 5). I would also add that it is an All-Muslim duty and a calling on the religious conscious of Muslims of this country to support it. Playing a proactive role in this campaign is a veritable amal (right moral action) that the Quran repeatedly impresses on Muslims -- an act also of great social benefit that elevates the standing of the ummah and Malaysia in the international community........... Download the full article in pdf attachment (below)
IT is due largely to the al-Quran's emphasis on learning (ilm) that Muslim scholars explored child education and discipline at an early stage and made significant contributions to the subject. A great deal of stress is also placed on amal saalih (virtuous conduct), which is seen as a concomitant aspect of Islam's outlook on education.......... Download the full article in pdf attachment (below)