Black magic is condemned in Islam but Muslim thinkers are not clear on how to deal with this superstitious holdover from an earlier age, says Mohammad Hashim Kamali........ Download the full article in pdf attachment (below)
This articel has been published in New Straits Time on Monday, 8 November 2010
This essay introduces the legal maxims of fiqh (qawa'id kulliyya fiqhiyya) as a distinctive genre of fiqh literature side by side with three other related areas of development namely al-d awabit (rules controlling specific themes), al-furuq (distinction and contrasts), and al-nazariyyat al-fiqhiyyah (general theories of fiqh).............. Download the full article in pdf attachment (below)
By Mohammad Hashim Kamali
Arab Law Quarterly 20, no.1 (2006), pp 77-101.
ed. by Munawar Iqbal and Tariqullah Khan, Financial Engineering and Islamic Contracts, NY: Palgraves (2005), pp 20-57.
In addition to attempting a general survey of fiqh, this essay formulate a response to the basic question whether Islamic law has the capability and resources, and if so of what kind, to accommodate social change.The essay is presented in eight parts. The initial two sections address the definition of fiqh and shari'ah and delineate the salient differences between
them. The third section briefly looks into the history of fiqh and this is followed by a description of the major themes and subject matter of this discipline. Section five addresses the methodology and sources of fiqh and the formulae that are devised for the deduction of the rules of fiqh from their sources. The next section develops the theme that the textual sources of fiqh namely Qur'an and Sunnah, integrate a certain degree of flexibillity whithin the fabric of their laws and remain open to the possibilities of interpretation and ijtihad (independent reasoning). Section seven discusses recent developments and measures that are taken to facilitate easy access to the source materials of fiqh; it also describes recent reforms, introduced in many Muslim countries, that represent new development of fiqh. The last section attempts a brief discussion of ijtihad in the context of modern statutory legislation and explores the ways as to how the resources of fiqh and ijtihad could more effectively be utilized in the on-going efforts at legal reconstruction and reform............. Download the full article in pdf attachment (below)
The Muslim World LXXXVI, (1996), pp 62-85.
A SYARIAH High Court judge suggested at a seminar in Kuantan early last month that Malaysia should criminalise black magic and introduce a law to that effect, adding that the practice of black magic was becoming rampant, especially among the Malay community. This was not the first time such a proposal was made as a similar suggestion was advanced by the mufti of Selangor last December........ Download the full article in pdf attachment (below)
THE untimely death of Ashraf Hafiz Abdul Aziz at 26 and the difficulties he faced put many in a reflective mood as to what could have been done better to address his suffering when he was alive. By refusing to grant Ashraf his plea to change and register his name as Aleesha Farhana, the courts may have adhered to the letter of the law but it is questionable whether they were compassionate enough. If one were to learn a lesson, it would be to find better answers through suitable legislation and grant of flexibility in the adjudication of intensely humanitarian cases such as Ashraf's........ Download the full article in pdf attachment (below)