Mohammad Hashim Kamali

Mohammad Hashim Kamali

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

Monday, 14 December 2009 16:26

Article on 'Bai'ah'

Newspaper'Bai'ah' according to Islamic jurisprudence: The current debate over oath-taking and its combination with divorce and pledge of political allegiance (bai'ah) has caused concern among Muslims to know Islam's own viewpoint on the issue. The facts remain unclear but continued media coverage of the "oath of loyalty" linked to Pas representatives to divorce their wives (talak tiga) if they jump or quit the party has invoked public disapproval of this manner of oath-taking and its negative impact on the sanctity of marriage.... Download the full article in pdf attachment (below)
Monday, 14 December 2009 12:31

Article on Afghanistan

NewspaperIT is time for the United States and Nato to acknowledge the failure of their military approach to Afghanistan. The talk of ousting the Taliban and bringing peace and democracy to that country has also lost credibility... Download the full article in pdf attachment (below)
Monday, 14 December 2009 11:53

Article on Debt Management

NewspaperTHE world experienced two major financial crises within a decade: the currency and stock market crises of 1997-98, and now a crippling recession that began with the US subprime debacle caused by excessive lending to borrowers unable to make repayment... Download the full article in pdf attachment (below)
Tuesday, 10 November 2009 09:28

An Essay on harmonization of Shari'ah

Islamic Law and SocietyIn this essay I propose a new methodology for the harmonization of Shari'ah, based mainly on my experience teaching and researching Islamic jurisprudence over the past two decades. This is a new area of research that requires further elaboration and development. Inasmuch as I seek to provide criteria and guidelines for further development, the proposed methodology, of necessity, is open to scrutiny and refinement. The essay is presented in two parts. In Part I, I examine the meaning of harmonization both as a concept and as a method that seeks to bring greater coordination and consonance between the Shari'ah and civil law. In Part II, I articulate a set of methodological guidelines to stimulate future contributions to the subject. The two sections are inter-related and both are concerned with articulating a methodology for the proposed area of research....Download the full article in pdf attachment (below)

 

The article appears in Islamic Law and Society, Edited by David S. Powers (Cornell University) ISSN: 0928-9380 E-ISSN: 1568-5195

Wednesday, 11 November 2009 17:09

An Essay on Maqasid

NewDirections

The chapter accentuates the necessary unity that must exist between the ruling and text of the shari'ah and the end-goal and purpose of those rules.  It also highlights the importance of ethics to the maqasid and how the basic notion of a valid purpose must espouse a moral message.  Other related themes that feature in this related chapter are the history and classification of maqasid and the manner in which they are ascertained and identified in the sources of shari'ah.  The chapter ends with a section on “reappraisal of the maqasid,” and adds a few works also on the importance of maqasid to gender and justice....Download the full article in pdf attachment (below)

 

The chapter appears in Kari Vogt et al, eds, New Directions in Islamic Thought: Exploring Reform and Muslim Tradition, London: IB Tauris 2009, pp 23-47

Wednesday, 11 November 2009 17:01

An Essay on Shari'ah

Voices_of_IslamThis chapter begins with the definition of shari’ah and its distinction with fiqh which is basically a human understanding of shariÑah.  The chapter proceeds with an overview of the Qur’an and sunnah, and then independent reasoning (ijtihad) and how they are developed by the various schools of Islamic law (madhahib).

This is followed by an overview of the characteristics feature of shari’ah, and then a section each on the goals and purposes (maqasid) of shari’ah, and its adaptation and reform in the course of 20th century.....Download the full article in pdf attachment (below)

 

The chapter appearing in a five-volume work, Vincent G Cornell, ed. Voice of Islam - Volume one: Voices of Tradition, New York: Praeger,2007, pp 149-182.

Wednesday, 11 November 2009 14:27

An Essay on Islam & AIDS

islam and aidsThe Shari'ah does not provide specific guidelines on AIDS , and some its rulings on death sickness (murad al-mawt) are too focused on inheritance matters to be of much help to our understanding of AIDS.  This essay provides an overview of Islam’s teachings on care and compassion for those afflicted with disease. We also look at some of the legal maxims that provide general guidelines on relevant issues.  The issue we face are, however, wide ranging and although Islamic law may provide some answers, public education and cultural attitudes are equally, if not more important, in our quest for relevant answers....Download the full article in pdf attachment (below)

 

The chapter appears  in Farid Esack and Sarah Chiddy, eds, Islam and AIDS: Between Scorn, Pity and Justice, Oxford: Oneworld publications, 2009, pp. 76-88

Sunday, 18 October 2009 12:23

Apellate Review

penThis paper shows that, contrary to the popular view, appellate review is very much part and parcel of Islamic law. There is ample evidence that judges’ decisions can and should be reviewed, especially in cases where a miscarriage of justice would take place otherwise....Download the full article in pdf attachment (below)
Sunday, 18 October 2009 12:21

Istihsan and The Renewal of Islamic Law

penThis essay begins with a review of the definition and varieties of istihsan and then looks into the question whether istihsan can be said to be tantamount to particularisation of the effective cause (takhsis al ‘illa). This is followed by a brief comparison of istihsan with the doctrine of equity in western jurisprudence, the historical roots of istihsan and its reception or otherwise by the leading madhahib, and then a brief account of the critique of istihsan by Imam Shafi‘i and others. The discussion proceeds with a review of the methodology of istihsan and advances, in its final section, a perspective as to how istihsan can be utilised as an instrument of consolidation between the conventional methodology of usul al fiqh and the substantive themes of the maqasid al shari‘ia....Download the full article in pdf attachment (below)
penThe Islamic system of rule is compatible with a plural and democratic form of government. Islam subscribes to government under the rule of law, administration of justice, observance of people’s welfare interests, and a fair distribution of wealth and opportunities among citizens, Muslims and non-Muslims alike. It places a high premium on consultation, civil liberties, equality before the law, and human rights, inclusive of the rights of minorities to worship and live according to the requirements of their respective faiths.... Download the full article in pdf attachment (below)
Page 6 of 7