Mohammad Hashim Kamali

Mohammad Hashim Kamali

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

 Appellate review and judicial independence are interrelated in the sense that
independence can hardly become a reality in the administration of justice unless it
begins within the ranks of the judiciary itself. The judiciary can attain independence
vis-à-vis the executive and other organs of state only when it is assured of the
integrity of its own decision-making process. In other words, independence demands
self-sufficiency and resourcefulness. A judiciary which is equipped with the means to
rectify its own errors, can nurture higher standards of refinement and consequently
aspire to greater public confidence and esteem. Judicial review and independence
can in this way be complementary and mutually supportive. A conflict between them
can, however, arise when the stronger voice in the corrective mechanism becomes so
assertive as to impinge on the freedom of the judges and their ability to formulate
independent judgement. ........ Download the full article in pdf attachment (below)

Tas'ir (Price Control) in Islamic Law

Friday, 23 July 2010 13:18 Published in Articles

The market (suq or bazar) has a distinctive place in the history of Islamic civilization. Makkah and Madinah were major trade centers at the time of the advent of Islam, and the prophet was himself an active market  participant and reformer. There were famous markets - 'Ukkaz, Majannah, and Dhhu al Majaz - in pre-Islamic Arabia that commonly held fairs during the pilgrimage season. This practice was continued after the appearance of Islam, for when the new Muslims felt that it might be sinful for them to trade in such places (al Zubayli 1984), the following verse was revealed: "There is no sin if you seek the bounty of your Lord (during the pilgrimage)" (Qur'an 2:198)......... Download the full article in pdf attachment (below)

Mohammad Hashim Kamali. Tas'ir (Price Control) in Islamic Law, The American Journal of Islamic Social Sciences, 11, vol 1.

Viewpoints: Debt Management with a Conscience

Friday, 23 July 2010 13:09 Published in Articles

The 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. Both originated in 'asset bubbles' and unlimited creation of fiat money that loaded the market with the sale of debts, or bay' al-dayn, as it is known in the jargon of shariah law. Dealining in debts that lacks any asset base overwhelmed the financial system......... Download the full article in pdf attachment (below)


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