HashimKamali

Shariah and the Challenge of Modernity

Saturday, 30 December 1995 13:05
Published in Articles

Introduction

This essay is presented in six parts. The first section ascertains the meaning and scope of Shariah and how it differs from fiqh. This is followed by a discussion of modernity in conjuction with the Shariah...The third section attempts a broad characterisation of the revealed sources of Shariah, namely the Quran and Sunnah and the extent to which adaptability to modern conditions can be entertained within the fabric of these sources............ Download the full article in pdf attachment (below)

IKIM Journal (Kuala Lumpur) Vol. 2, no. 1 (1994), 1-27. Reprint by the Islamic University Quarterly (London), Vol 2 no 1 (1995), pp 10-37.

Protection Against Disease: A Shariah Perspective on AIDS

Saturday, 30 December 1995 13:05
Published in Articles

 

Introduction

In the abscene of any direct evidence in the Shariah on the subject of AIDS, we may look at some of its general principles and guidelines in order to develop a perspective on AIDS-related issue. This essay begins with a discussion of some of the legal maxims of Islamic law (qawa'id kulliyyah fiqhiyyah) pertaining to darar (harm) and darurah (necessity) and then proceeds to examine two other themes, namely siyasah shari'iyyah (Shariah-oriented policy) and marad al-mawt (death sickness)............. Download the full article in pdf attachment (below)

 

IIUM Law Journal, Vol 5 (1995), pp 1-20.

The Absence of Islam in Arab Spring

Thursday, 24 November 2011 19:45
Published in Articles

The Arab uprising is still unfolding and uncertainties exist that may yet be clarified in the course of time. But one question that arises is over the relative absence of Islam in what has been seen so far.

Islam has been closely aligned with most of the reform movements in the Arab world during the independence and post-independence periods. Two other themes that have also featured, with varying degrees of consistency, are Arab nationalism (qawmiyyah Arabiyyah) and, for a brief period in the era of Egypt's Gamal Abdel Nasser, socialism........ Download the full article in pdf attachment (below)

Transgenders and Justice in Islam

Thursday, 24 November 2011 19:24
Published in Articles

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)

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