HashimKamali

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Books (31)

In The Middle Path of Moderation in Islam, leading Islamic law expert Mohammad Hashim Kamali examines the concept of wasatiyyah, or moderation, arguing that scholars, religious communities, and policy circles alike must have access to this governing principle that drives the silent majority of Muslims, rather than focusing on the extremist fringe. Kamali explores wasatiyyah in both historical/conceptual terms and in contemporary/practical terms. Tracing the definition and scope of the concept from the foundational sources of Islam, the Qu'ran and Hadith, he demonstrates that wasatiyyah has a long and well-developed history in Islamic law and applies the concept to contemporary issues of global policy, such as justice, women's rights, environmental and financial balance, and globalization. Framing his work as an open dialogue against a now-decades long formulation of the arguably destructive Huntingtonian "clash of civilizations" thesis as well as the public rhetoric of fear of Muslim extremism since the attacks of Sept. 11, 2001, Kamali connects historical conceptions of wasatiyyah to the themes of state and international law, governance, and cultural maladies in the Muslim world and beyond. Both a descriptive and prescriptive meditation on a key but often neglected principle of Islam, The Middle Path of Moderation in Islam provides insight into an idea that is in the strategic interest of the West both to show and practice for themselves and to recognize in Muslim countries.

Table of Contents

Foreword
I. Introduction
Part One: Conceptual Analysis
II. Definition and Scope of Wasatiyyah
III. Review of the Source Evidence
IV. A Round-up of Modern Opinion
V. Hallmarks of Extremism
VI. Manifestations of Wasatiyyah
VII. Identification of Wasatiyyah
VIII. Institutional Developments
Part Two: Thematic Perspectives
IX. Moderation and Justice
X. Moderation in Religiosity
XI. The Moderating Role of Ikhtilaf (Reasoned Disagreement)
XII. Between Spirituality and Legalism: The Moderating Influence of Sufism
XIII. Harm (Darar) Must Be Eliminated
XIV. Forbearance, Bringing Ease and Removing Hardship
XV. Environmental Imbalance
XVI. Financial Imbalance, Extravagance and Waste
XVII. Moderation in Jihad
XVIII. Character and Lifestyle
XIX. Wasatiyyah and Women's Rights
XX. Wasatiyyah and Globalisation
XXI. Islam between Antiquity and the Modern World
XXII. Continuity and Change: An Analysis of Tajdid and Islah (Renewal and Reform) in Islam
XXIII. Conclusion and Recommendations
Glossary
Bibliography
Index of Qur'anic Verses and Hadith
General Index

Author: Mohammad Hashim kamali

Foreword: Tariq Ramadan

Pages: 336 pages (235x156mm)

ISBN: 978-0-19-022683-1

For more information visit: http://ukcatalogue.oup.com/product/9780190226831.do

January 2014 marks the tenth anniversary of the current constitution of Afghanistan. Issues have arisen since then over textual ambiguities in the constitution as well as the locus of authority that can address and clarify them. Ambiguities are not unexpected with a new constitution.

The question is whether the constitution itself, and the institution it creates, are able to resolve and clarify the ambiguities in the way that fortifies the constitution and the rule of law.

Following the publication of the paper, Dr Kamali gave an interview expanding on his analysis and reflections. An edited extract of the interview can be found at (http://www.usip.org/olivebranch/afghanistans-prospective-unity-government-test-the-constitution). The full length transcript of the interview will be included in a forthcoming revised version of this paper.

 

Download full length publication from;

http://www.areu.org.af/EditionDetails.aspx?EditionId=770&;ContentId=7&ParentId=7&Lang=en-US

 

Also available in: Dari and Pashto.

Wasatiyyah (atau keserdahanaan dan keseimbangan) merupakan sebahagian daripada ajaran Islam yang menyentuh pelbagai bidang dalam peradaban atau tamadun Islam. Keserdahanaan di sini ditakrifkan sebagai fadhilat amal yang melibatkan, bukan sahaja perlaku diri tetapi juga keperibadian dan sahsiah masyarakat dan negara. Keserdahanaan juga merupakan sebahagian daripada pandangan umat islam yang turut dihargai dalam agama-agama dan tamadun-tamadun yang lain. Keserdahanaan penting dalam mencapai kesejahteraan dan keseimbangan dalam masyarakat serta hubungan sesama insan. Meskipun jelas bernilai, wasatiyyah sering diabaikan bukan sahaja dalam perilaku diri, tetapi juga dalam hubungan masyarakat, sikap terhadap alam sekitar, ibadat agama serta hal ehwal antarabangsa.

 

Translated by Syed Hamid Albar from Moderation and Balance in Islam: The Quranic Principle of Wasatiyyah (Author: Mohammad Hashim Kamali

ISBN: 978-967-415-201-7

ISBN: 978-967-415-201-6

Islamic legal theory (usūl al-fiqh) is literally regarded as ‘the roots of the law’ whilst Islamic jurists consider it to be the basis of Islamic jurisprudence and thus an essential aspect of Islamic law. This volume addresses the sources, methods and principles of Islamic law leading to an appreciation of the skills of independent juristic and legal reasoning necessary for deriving specific rulings from the established sources of the law. The articles engage critically with relevant traditional views to enable a diagnostic understanding of the different issues, covering both Sunnī and Shī‘ī perspectives on some of the issues for comparison. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research. Islamic legal theory is a complex subject which challenges the ingenuity of any expert and therefore special care has been taken to select articles for their clarity as well as their quality, variety and critique to ensure an in-depth, engaging and easy understanding of what is normally a highly theoretical subject.

 

Professor Mohammad Hashim Kamali is one of the contributors to this volume.

ISBN 978-1-903682-83-8

For more information please refer to the publisher's website; http://www.ashgate.com/isbn/9780754628781

Akhir- akhir ini, mungkin tak ada perdebatan yang lebih serius di dunia Muslim selain tentang syariah. Meskipun hampir semua Muslim percaya bahwa syariah merupakan bagian tak terpisahkan dari Islam, mereka berbeda pendapat tentang bagaiman pelaksanaannya. Sebagian memandang bahwa syariah cukup dilaksanakan di tingkat pribadi dan komunitas, dalam sebuah negara  yang melindungi kepentingan Islam. Di sisi lain, sebagian beranggapan bahwa konstitusi negara harus berdasarkan Islam untuk menjamin pelaksanaan syariah secara utuh. Perdebatan ini sedemikian sengitnya, hingga terkadang mengakibatkan tindakan kekerasan.

Buku ini menawarkan sebuah rekeman perdebatan tentang syariah dan perlaksanaannya di berbagai zaman dan tempat. Dengan bahasa yang serdahana dan contoh-contoh aktual, penulis juga akan membawa para pembaca ke dalam kajian tentang hakikat syariah dan kaidah-kaidahnya, serta ijtihad para ulama di sepanjang zaman tanpa terjebak ke dalam semgat sektarian.

 

By Mohammad Hashim Kamali

Translated from a book entitled Shari'ah Law: An Introduction.

ISBN: 978-979-433-750-9

This book explains the basic principle of halal and haram and discusses, particularly in relation to the meat idustry, key issues surrounding their implementation. In doing so, the author gives important insight into, and relevant understanding of, many of the misconceptions and challenges confronting Muslims today. The issue of additives for instance has caused considerable confusion in food consumption. Not suprisingly, perceptions of what constitute halal also vary among the schools and scholars of Islam. Other factors such as custom and climate also tend to be influential. In addition the work at hand examines issues in halal and certification procedure, and matters of concern to uniformity in halal industry practices.

This book aims to reveal the real meaning of jihad and to rectify many of the misunderstanding that surround both it and Islam's relation to the 'Other'.

 

Written by a number of Islamic religious authorities and Muslim Scholars, this work presents the views and techings of mainstream Sunni and Shi'ii Islam on the subject of jihad. It authoritatively presents jihad as it is understood by the majority of the world's 1.7 billion Muslims in the world today, and supports this understanding with extensive detail and scholarship.

 

Edited by HRH Prince Ghazi Muhammad, Ibrahim Kalin and Mohammad Hashim Kamali

ISBN 978-1-903682-83-8

The Islamic Texts Society Cambridge

 

The 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 aslo needs to be supported by a credible methodology, which is what the author has attempted in this paper.

 

 

By Mohammad Hashim Kamali

ISBN 978-I-56564-579-0

Citizenship and Accountability of Government: An Islamic Perspective is the final volume in Prof. M. H. Kamali's series on fundamental rights and liberties in Islam. It includes discussions of: the definitions of citizenship; the rights of citizens; the duties of citizens; citizenship laws; the concepts of dār al-Islām (abode of Islam), dār al-ḥarb (abode of war) and the dār al-ʿahd (abode of treaty); theummah 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.

By Mohammad Hashim Kamali

ISBN: 978-1-903682-61-6
Published: June 2011
Publisher: The Islamic Texts Society

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 argues 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’ān; 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.

 

By Mohammad Hashim Kamali

ISBN: 978-1903682593
Published: February 2011
Publisher: The Islamic Texts Society

Wasatiyyah (or the principle of moderation and balance) is an important but somewhat neglected aspect of Islamic teachings that has wide-ranging ramifications in almost all areas concerning Islamic civilisation. 'Moderation' as defined here is a moral virtue relevant not only to personal conduct but also to integrity and self-image of communities and nations. It is an aspect of the self-identity and worldview of the Muslim community, or ummah, that is also valued in all major world religions and civilisations.

 

By Mohammad Hashim Kamali

ISBN 978-967-10065-0-4

The Quranic Principle of Wasatiyyah, Kuala Lumpur: IAIS Malaysia, 2010, pp iv + 66.

In this book, the author reflects upon the writings of three well-known contemporary Muslim thinkers—Jamal al-Banna, Mohammad Hashim Kamali and Khaled Abou El Fadl. All three try to make sense of Islam’s contemporary role in the face of modernity and globalisation by examining the religion from within the tradition. These are scholars whose religious authenticity has never been questioned. At the same time, they remain open to not only non-Muslim religions and secular philosophies but also to the diversity of thought that lies within Islam which is sometimes suppressed by those who adopt an authoritarian approach to the religion.

All in all, this writing represents a significant contribution towards a better understanding of the role that Islamic ideas on justice can play in shaping contemporary civilization.

 

By David L. Johnston

ISBN: 978-983-861-413-9

Published: 2010 Universiti Sains Malaysia

 

The basic theme of this presentation is to advance an understanding of Islam Hadhari, not only in its Malaysian context,... but also in the Muslim world generally. Notwithstanding many reservations expressed about Islam Hadhari here in Malaysia and elsewhere, the subject seems to have captured the Muslim imagination, especially since the electoral succes of the Hamas adn the Muslim Brotherhood in Palestine and Egypt in 2006, respectively, preceeded by similar developments in many other Muslim countries.

 

By Mohammad Hashim Kamali

ISBN 978-967-323-140-9

Civilisational Renewal: Revisiting the Islam Hadhari Approach, Kuala Lumpur: Arah Publications, 2008. (Revised 2nd ed 2009), pp xv + 96.

This book explores some of the less well-known areas of Shariah that are seldom addressed in its commonly accessible manuals. The book thus raises the question as to how the leading classical jurists and ulama understood the Shariah. The book thus puts together a volume of essays that combine the interests of both the general reader and the more advanced students and researcher of Islamic Law.

 

By Mohammad Hashim Kamali

ISBN 983307444-8

An Introduction to Shariah Law, Oneworld Publications, Oxford, UK: 2008, pp viii-342 being a revised version of An Introduction to Shariʿah, Kuala Lumpur: Ilmiah Publishers, 2006, pp 304.

Providing a comprehensive and accessible examination of Shari’ah Law, this concise introduction examines the sources, characteristic features, and schools of thought of a system often stereotyped for its severity in the West.

 

Oxford: ONEWORLD, 2008. pp. x + 342
ISBN: 978-1-85168-565-3

 

For further information please visit: www.oneworl-publications.com

The paper focuses on a general characterisation of maqasid al-shariah and its origins in the Quran: the classification of maqasid; historical developments and the contributions of some of the leading ulama to the theory of maqasid; the differential approaches the ulama have taken toward the identification of maqasid; and finally the relevance of maqasid to ijtihad adn the ways in which maqasid can enhace the scope and caliber of ijtihad.

 

Occasional Paper Series 13
London & Washington: The International Institute of Islamic Thought, 2008. pp. 26
ISBN: 9781565-644427

This presentation begins with an introductory section on the International Institute of Advanced Islamic Studies (IAIS), how it began and the reasons for which it was established. Then it proceeds to discuss, in a section each, the etymology and meaning of Islam Hadhari, followed by a brief discussion of its various themes and principles.

 

By Mohammad Hashim Kamali
Kuala Lumpur: International Institute of Advanced Islamic Studies (IAIS) Malaysia, 2008. pp.vi + 98 (revised 2nd ed 2009)
ISBN: 9-789673-231416

For further information please contact: (03) 7956 9188

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

 

By Mohammad Hashim Kamali

ISBN: 978-1-903682-54-8 Hardback
ISBN: 978-1-903682-55-5 Paperback
Published: June 2008 The Islamic Texts Society

This is the first work in the English Language to deal specifically with the subject of equality and fairness in Islamic Law. The Author relates these concepts to the Islamic legal notion of istihsan, thus taking them back to the origin in the Quran, the saying of the Prophet Muhammad  and the era of the Companion of the Prophet in the first two centuries of Islam.

 

By Mohammad Hashim Kamali

Islamic Texts Society, 2005, pp x + 141. Also Kuala Lumpur: Ilmiah Publishers, 2006.

This book refers mainly to hadith methodology and criteria that seek to verify accuracy of the text and authenticity of hadith. A great deal of what is presented in this book is concerned with the methods of enquiry and principles which the hadith scholars have formulated for verifying the authenticity of hadith and accuracy of its message.

 

The Islamic Foundation, 2005, pp.xii-257.

Hadith Methodology: Authenticity, Compilation, Classification and Criticism of Hadith, Kuala Lumpur: Ilmiah Publisher, 2002, pp.332.

" The Bill is a product of undiluted imitation taqlid failing to acknowledge the contemporary realities of society and make necessary adjustments to some of the fiqhi formulations of pre-modern times.... the author deals in depth with the concept of hudud in general, adn its different manifestation in particular areas..."

Dr. Muhammad Fathi Osman

Visiting Professor

International Islamic University Malaysia

 

 

By Mohammad Hashim Kamali

ISBN 983-2092-28-0

 

Punishment in Islamic Law: An Enquiry into the Hudud Bill of Kelantan. Kuala Lumpur: Institute for Policy Research, 1995, pp 178. Reprint by Ilmiah Publishers, KL, Malaysia, 2000. Malay trans. by Norhayati Hj. Kaprawi & Zaitun Kasim, Ilmiah Publisher, K.L. 2003, pp 204.

This book provides the most detailed study to date on the subject of the dignity of man from the perspective of Islam. The Author sets out the proclamations on human dignity found in the Qur'an and then discusses topics pertaining to or resulting from human dignity: the physical  and spiritual nobility of man: God's love for humanity; the sanctity of life; and the necessity for freedom, equality and accountability. Finally the author examines the measures that the Sharian has taken to protect human dignity and to promote it in social interaction.

 

By Mohammad Hashim Kamali

ISBN 983-2092-02-7

 

Kuala Lumpur Ilmiah Publishers, 1999, pp 106. Second enhanced edn. Cambridge: The Islamic Texts Society, 2002.

This book presents the reader with an analysis of the three concepts of freedom, equality and justice from an Islamic point of view, and their manifestations in the religious, social, legal and political fields. The author discussed the evidence found in the Quran and Sunna and reviews the interpretation of the earlier school of law. The work also looks at more recent contributions by Muslim jurists who have advanced fresh interpretations of freedom, equality and justice in light of changing realities of contemporary Muslim societies.

 

 

By Mohammad Hashim Kamali

ISBN 983-2092-03-5

Kuala Lumpur Ilmiah Publishers, 1999, and the Islamic Texts Society, pp 236. Second revised edn. Cambridge: the Islamic Texts Society, 2002.

This book addresses Sharia-related issues that Malaysia has experienced in recent decades, especially since the 1970s when Islam became a more visible aspect of government policy.The quest for relevant answers to Shariah Law reform through ijtihad adn other issues of concern to society is bound to be a continuing preoccupation of every representative government in this country. This book is a modest contribution to this continuing search for balanced approaches to Sharia-related issues.

 

By Mohammad Hashim Kamali

ISBN 983-2092-27-2

Islamic Law in Malaysia Issues and Developments, Kuala Lumpur: Ilmiah Publishers, 2000, pp 345. (With a Foreword by Dr. Mahathir Mohamad, Prime Minister of Malaysia).

Introduction

This essay is presented in two sections. Section one is devoted to a market analysis of options, and section two to a Shariah perspective on options trading. There is no real shortage of information in the operational procedures of options and the various ways in which options are utilized as trading vehicle and hedging and risk-reduction devices. On the other hand, there is a shortage of in-depth information analyzing options trading from the perspectives of the Shariah. The second part of this essay is tentative, in part because certain aspects of the issues need further development and research.

 

By Mohammad Hashim Kamali

An Analysis of Futures and Options, Cambridge: the Islamic Texts Society, 2000. Reprint by Ilmiah Publishers of Kuala Lumpur, 2002, pp 253.

 Maqasid al-Shariah: The Objectives of Islamic Law, Islamic Studies, 38 (1999), 193-209.

M H Kamali. “Maqasid al-Shariʿah Make Simple” (London, Washington), London & Washington. The International Institute of Islamic Thought, Occasional paper Series 13, August 2008.

by the Islamic Texts Society in Cambridge, pp. 349. Reprint by Ilmiah Publishers, KL, Malaysia, 1998.

 Islamic Research and Training Institute (Islamic Development Bank), 1997, pp 148.

 

This book offers a detailed presentation of the theory of Muslim law (usul al-figh). Often regarded as the most sophisticated of the traditional Islamic disciplines, Muslim jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur'an and the Sunna - the precedent of the Prophet. Revelation, which is given to man to restore unity and help him achieve a just and devout order in society as well as in the soul, must be interpreted so as to render it practicable in every culture, while not betraying its spirit and immutable provisions. To achieve this, additional sources of legal authority are recognized, including consensus (ijma), analogical deduction (qiyas), public interest (maslaha) and local customary precedent (urf). In employing these, the jurist guards the five principles which it is the purpose of Islamic law to uphold, namely, the right to life, sound mind, property, lineage and religion.

 

Pelanduk Publications, Kuala Lumpur, 1989, pp xxii + 524. The Islamic Texts Society, Cambridge, UK, published the 2nd revised edn. of this book in 1991. Reprint by Ilmiah Publishers, Kuala Lumpur, Malaysia, 1997, 1998, 2000 and 2002.

 

This book is the revised version of Prof. Mohammad Hashim Kamali's doctoral dissertation "Matrimonial Problems of Islamic Law in Contemporary Afghanistan" which he completed at London University in 1976.

Other references:

"Reference to Islam and Women in Afghan Constitution," Arab Law Quarterly, 22 (2008), 270-306.

"Islam and its Shari'a in the Afghan Constitution 2004 with Special Reference to Personal law," edited by Nadjam Yassari, The Shari'a in the Constitution of Afghanistan, Iran and Egypt - Implications for Private Law, Tubingen: Mohr Sieback, 2005, 23-43.

"Islam in the Constitutions of Afghanistan," Bayan Journal (Kabul) vol. 6, no. 1 (July 2003), 1-15.


"Islam , Iconography and the Taloban," published in German translition in Berliner Zeitung (full-page magazine section), 10/11 MArch 2001, p. 5. The English version was published by Islam 21 (London), August 2001.

 

*Leiden: E.J. Brill, 1985, pp 265.

 In partial fulfillment of my B.A. Degree, Kabul University, Faculty of Law and Political Science (unpublished ms. in Dari), 1965.

Copyright by HashimKamali 2012-2013. All rights reserved.