The information on Shariah provided in this paper is organized in 52 pages and eight sections, all in question and answer format, and is reflective of the classical Shariah positions and how they are applied or feature in the present-day Muslim countries. Some of the areas where modern reforms and Islamic revivalism of the latter part of twentieth century might have introduced changes are also mentioned. Each section features a number of questions of general interest, some topical and others informative of the state of the art. The purpose is not to provide exhaustive details on any of the themes discussed but to introduce Shariah in a nutshell, as it were, to readers with various levels of familiarity with the subject, Muslims and non-Muslims alike............. Download the full article in pdf attachment (below)
The on-going campaign Malaysia is waging against corruption has gained momentum. Tunku Abdul Aziz called it an “All-Malaysian duty” in which everyone should take part regardless of political affiliation (NST, 5 January, 2013). I would also add that it is an all-Muslim duty and an appeal to the religious conscience of the Muslims of this country. Playing a proactive role in this campaign is a veritable ʿamal salih, the right moral action that the Qur’an repeatedly enjoins upon all Muslims. It is also an act with great societal benefit that elevates the standing of the ummah and Malaysia in the international community. Fighting bribery (rashwah) and corruption (fasad) is an integral part of the teachings of the Qur’an and hadith............. Download the full article in pdf attachment (below)
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.
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.
For more information please refer to the publisher's website; http://www.ashgate.com/isbn/9780754628781
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.
Literally, Shariah means the path to the watering place, the clear path to be followed and the path which the believer has to tread in order to obtain guidance in this world and deliverance in the next. In its common usage, Shariah refers to commands, prohibitions, guidance and principles that God has addressed to mankind pertaining to their conduct in this world and salvation in the next.
The Islamic Quarterly, Vol XXXIII, (1989), pp 215-236.
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.
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 Shariah has often been described as a diversity within unity, diversity in detail and unity over essentials. The finality of the divine revelation of the Quran and its timeless validity has had a unifying effect which ensured continuity in the understanding of fundamentals............. Download the full article in pdf attachment (below)
IIUM Law Journal, Vol. 6, Number 1&2 (1998), pp 39-88.
The chapter begins with an explanation of the two terms, Shariah and Fiqh, which are often used interchangeably but are not identical. A brief explanation of the differences between these terms set forth the context for the rest of the chapter............. Download the full article in pdf attachment (below)
chapter published in ed. John Esposito, The Oxford History of Islam, New York: Oxford University Press, 1999, pp 107-155.
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.
in ed. Vincent J. Cornell, Voices of Islam (5 vols.), vol I: Voices of Tradition, Wesport, CT: Praeger Publishers, 2007, pp 149-183.
AIDS is not a monolithic theme and some of its related issues have ethical and sociopolitical implications far beyond the strictly medical context. The issues that we face are wide-ranging, and although Islamic law may help to provide some answers, public education and cultural attitudes are equally, if not more, important in addressing and over-coming AIDS-related dilemmas............. Download the full article in pdf attachment (below)
Islam and Aids Between Scorn, Pity and Justice, Oneworld Publications, Oxford, UK, (2009), pp 76-87.
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 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
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.
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.
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)
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
For further information please visit: www.oneworl-publications.com