While Islam emphasizes confirmity to the direction of the Qur'an and Sunnah, one finds in the same sources a parallel emphasis on rational inquiry exercise of personal opinion and judgement. This essay looks into the evidence in suppport of this statement and the extent to which Islam validates the freedom to formulate and express an opinion. It also examines the methodology and criteria that ascertain the validity of personal opinion and distinguish the acceptable ra'y from which is not tolerated. This essay also highlights how the detailed classifications of ra'y by the Ulama reflects a concern for latitude and tolerance on the one hand, balanced on the other by respect for authority and values which are deemed essential to Islam.
The American Journal of Islamic Social Sciences, Vol. 7 (1990), pp 39-64.
This essay looks into the definition of haqq and ascertains, on a selective basis, some aspects that have engendered controversy and debate. It also discusses the tendency in Islamic law to place a greater emphasis on obligations than on rights........... Download the full article in pdf attachment (below)
The American Journal of Islamic Social Sciences, 10 (1993), pp 338-367.
IIUM Law Journal, Vol.3, no. 1 (1993), pp 23-37.
This article develops the concept of fitnah and its bearing on freedom of expression. It puts together information from the unconsolidated source materials of the Shariah in a manner reflecting the interest and style of a modern student of comparative law. It also develops the theme that modern interpretations of seditious speech and conduct have done much to restrict the scope and susbtance of the freedom of expression.......... Download the full article in pdf attachment (below)
The American Journal of Islamic Social Sciences, Vol. 10, no. 2 (1993), pp 17-41.
Capital Law Review (Columbus, Ohio), Vol. 21 (1992), pp 63-82.
In partial fulfillment of my B.A. Degree, Kabul University, Faculty of Law and Political Science (unpublished ms. in Dari), 1965.
by the Islamic Texts Society in Cambridge, pp. 349. Reprint by Ilmiah Publishers, KL, Malaysia, 1998.
This presentation explores human dignity through a study of the Qur'an and hadith (saying of the Prophet Muhammad), the two most authoritative sources of Islam that profoundly influence the Muslim psyche and conduct. This will be followed by a brief review of the juristic positions of the leading schools of Islamic law on the subject, and then conclude by saying a word or two on the effect of these guidelines on the realities of Muslim life.
An Islamic Perspective, Malaysian Journal on Human Rights No. 2 (2007), 63-73.
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
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
Kuala Lumpur Ilmiah Publishers, 1999, and the Islamic Texts Society, pp 236. Second revised edn. Cambridge: the Islamic Texts Society, 2002.
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)
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