B U L L E T I NI A I SMALAYSIA

No. 34 Sept-Oct 2016 KDN no. PP 17302/02/2013 (032210)

Muslims Should Pay More Attention to Human Relationsby Daud Batchelor

Th e contemporary situation in much of the Muslim world suggests to us that, while teachings on ibadat (ritual worship, including prayer, fasting, zakat, hajj) have been faithfully conveyed to many of us by our Imams, instruction in the other category of Islamic law, mu’amalat (civil transactions and social interactions), has generally been given less attention. Th is has led to shortcomings in the Muslim world, especially in the context of our duty to provide an exemplary moral example for the rest of humanity. (contd. p. 5)

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ON ISLAM AND CONTEMPORARY ISSUES

FOCUS: Salafi sm, Wahhabism and Radical Islamby Mohammad Hashim Kamali

Salafi sm takes its origins in ibn Taymiyyah’s (d.728/1328) critical stance toward the scholastic legacy of the past. Essentially he maintained that any position or ruling of the madhhabs that was not supported by a hadith text was circumspect and unacceptable. Th is also meant that certain common religious practices that could not be traced to the hadith were considered as ‘pernicious innovation’ (bid’ah). So he called for a return to the norms of the fi rst two or three generations of Muslims, the ‘righteous forebears’ (al-salaf al-salih)—hence the word ‘Salafi ’. (contd. p. 3)

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In This Issue

• Articles• Humour without Malice

• Event Reports • Quotable Quote

• Hikmah• Photos

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Th e Mottainai Ethics For Th e Sustainability Of Our World by Yasushi Suzuki

Th e International Seminar on 'Islam and Green Technology,' held on 16 November 2016 at IAIS Malaysia, suggested the existence of a considerable gap between the ideals of Islamic teachings on environmental protection and the actual practices of Muslim individuals and communities. Many speakers proposed that we should 'change' our consumption and production behaviour in accordance with the normative teachings of the Qur'an and image courtesy of timeout.jp

hadith which emphasise mankind's accountability and responsibility for maintaining balance and harmony in the creation of Allah the Almighty. Here I would like to introduce the ethics of 'mottainai’ in Japanese, which would hopefully contribute to further discussions on the sustainability of our world. (contd. p. 6)

image courtesy of wikipedia

3September - October 20162 September - October 2016

O GOD: YOU are Peace, YOU are the source of Peace, Peace belongs to YOU. So welcome us (in the Hereafter) O LORD with the salutation of ‘Peace!’, and admit us into Paradise the Abode of Peace. Blessed and Exalted are YOU our LORD, Possessor of Majesty and Reverence.

(Hadith from al-Tirmidhi and al-Nasa’i)

EDITORIAL

Warm greetings! Welcome to the 34th issue of the IAIS Bulletin, for September and October, 2016. In my Focus article, “Salafi sm, Wahhabism and Radical Islam,” I sketch the salient features of these movements and the kind of challenges they present in a modern context. In the following article bearing the title, “Muslims should Pay More Attention to Human Relations,” former IAIS Associate Research Fellow, Daud Batchelor argues that mainstream Muslims have to set a good example of how they conduct their relationships among themselves and with other religious communities. Former IAIS Visiting Research Fellow, Yasushi Suzuki in turn explores the Japanese term “mottainai,” which parallels the Islamic principle of wasatiyyah or “moderation,” and bears commonalities also with aspects of jihad. IAIS Malaysia’s Research Fellow, Ahmad Badri, has contributed an article on the “Istanbul Declaration on Islam and Science:

Professor Mohammad Hashim Kamali

a Muslim Response to Science’s Big Questions.” Th is is followed by Tengku Ahmad Hazri, another IAIS Malaysia Research Fellow’s article on “Th e ‘Ulama and Constitutionalism: Th e Enduring Legacy of the Iranian Constitutional Revolution 1906,” highlighting the signifi cance of Iran’s recent constitutional history. Research Fellow Apnizan Abdullah contributed an article on the “Regulatory Aspects for Halal Industry in Malaysia,” in which she charts out the scope of future research on halal-related subjects.

Additionally, we have three Event Reports. Th e fi rst, by Tengku Ahmad Hazri and Ahmad Badri covering the Book Launch and Lecture: “English Translation of Ibn ‘Arabi’s Al-Futuhat al-Makkyyiah,” that were held at IAIS Malaysia. Wan Naim Wan Mansor, IAIS Analyst, contributed another Event Report on the “Eighth International Seminar on Contemporary Fiqh, 2016.” Finally, Deputy CEO of IAIS Malaysia, Associate Professor Dr. Mohamed Azam Mohamed Adil reports about the “International Conference on Women and Children 2016,” held on 17-18 October 2016, at the Grand Dorsett, Subang Jaya.

We round off our Bulletin with Humour without Malice, Quotable Quotes, and Words of Wisdom. We also include a few photos from recent events at IAIS Malaysia.

I wish to thank all our contributors, IAIS staff and my colleagues who worked on the production of this Bulletin. I wish all our readers a happy reading!

Mohammad Hashim Kamali Chief Editor

Published by: International Institute of Advanced Islamic Studies (IAIS) Malaysia, Jalan Ilmu, Off Jalan Universiti, 59100 Kuala Lumpur | Tel: 03 - 7956 9188 | Fax: 03 - 7956 2188 | www.iais.org.my

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Mohammad Hashim Kamali, Abdul Karim Abdullah, Tengku Ahmad Hazri, Norliza Saleh

Bulletin Editorial Team

3September - October 20162

They have their own political ideologues, often with little formal Islamic education, and make ‘jihad’ the centre of their activities and even their religious duties. But whilst they claim to represent Salafi/Wahhabi thought, mainstream Saudi Wahhabis have consistently and rigorously opposed them.

Moreover, there has always been, in mainstream Saudi Wahhabism, a ‘quietist’ undercurrent, rooted in the anti-mystical asceticism of Imam Ibn Hanbal, Ibn Taymiyyah, Ibn Qayyim, which is very influential in people’s personal lives but hardly attracts public attention. For them, adherence to what they perceive as being the pure form of the Qur’an and the Sunnah is an expression of their piety. This is obviously a noble intention in itself, unless one understands the hidden consequences of eliminating the scholastic legacy of the madhhabs. Moreover, the critical difference between them and radical Salafi/Wahhabism is that whilst they do not approve the established madhhabs, they do not give themselves licence to brand other Muslims as disbelievers.

The two most important figures in the Saudi Salafi stream were arguably Nasir al-Din Al-Albani (d. 1999), originally Syrian, who influenced Saudi Salafism deeply, and Abd al-Aziz Bin Baz (d. 1999). Al-Albani was a hadith scholar, whose redactions of all the major hadith books, were taken as definitive by the Salafi movement, published and distributed everywhere. This effectively meant that the Salafi movement had a differing canon of hadith from that of the scholastic tradition. Bin Baz was the Grand Mufti of KSA from 1993-1997 but his influence and fatwas had been critical in the Salafi movement for decades before that. He was a well-respected scholar who worked to reform radical Salafi/Wahhabism.

‘Salafism’ is also sometimes applied to certain twentieth century Islamic modernist thinkers such as the Egyptian Grand Mufti Mohammad ‘Abduh (d.1905) and Rashid Rida (d.1935). However, while these were clearly influenced by some traditional Salafi thought, and did in turn influence twentieth century Salafi writers, this was much more of a modernist movement that has declined over the years.

The second anti-madhhabi movement is the Muslim Brotherhood (MB) stream, a huge international Islamic movement founded by Hasan al-Banna (d.1949) in Egypt. By the end of twentieth century, it had active branches and

Ibn Taymiyyah has been compared to Martin Luther (d. 1546), who also decried what he saw as the excesses of the medieval Church and wanted to go directly to the scripture without regard to traditional Catholic exegetic methodology. Like Luther, Ibn Taymiyyah, and his disciple and follower, Ibn Qayyim al-Jawziyyah, saw this as purifying the religion of new accretions that had crept into it. After Ibn Qayyim, the anti-scholastic movement became increasingly concerned with ‘purifying’ the religion than the individual soul, and with rules rather than with virtues.

The next milestone in this movement came some 400 years later with the Najdi preacher Muhammad Ibn ‘Abd al-Wahhab (d.1792CE). With the help of Najdi tribal chief, Muhammad bin Saud, MIAW briefly conquered a section of the Arabian desert, setting up a proto-state and declaring ‘jihad’ against those Muslims who opposed him, especially the Shia and the Sufis whom he regarded as having transgressed the Shariah. He wrote a number of treatises, including al-Usul al-Thalathah (the three fundamentals), which stressed the unity of the Lord; the unity of Divine Names and Attributes; and the unity of worship. MIAW attacked practices such as venerating ‘saints’ or addressing the Prophet Muhammad during devotions. He further maintained that ‘turning away from God’s religion, not learning it and not acting upon it’ is unbelief, thus making the sins of omission equivalent to apostasy.

In the twentieth century, this movement branched into two different streams: 1) the Saudi Salafi stream, based largely on Ibn Taymiyyah’s thought, but which converges on many points with, 2) the Saudi Wahhabi stream, or ‘Wahhabism’. The Salafis sometimes refer to themselves as ‘Ahl al-Hadith’ ‘the People of Hadith’, and the Wahhabis as ‘Ahl al-‘Aqidah’ (the people of doctrine) by which they mean MIAW’s doctrine. However, the difference today between Salafism and Wahhabism, if any, is a matter of debate. For our purposes, we can distinguish between (1) a mainstream moderate version of Salafi/Wahhabism as typified by the learned scholars of Saudi Arabia; (2) radical Salafi/Wahhabism characterised by takfir (charging with disbelief ) of everyone who is not their follower; and (3) takfir and jihadi groups such as al-Qa’eda, the so-called ‘Islamic State’, and other terrorist movements. These are effectively jihadi offshoots of radical Salafi/Wahhabism.

cont’d from page 1by Mohammad Hashim Kamali

SALAFISM, WAHHABISM AND RADICAL ISLAM

FOCUS

5September - October 20164 September - October 2016

members in every Sunni Muslim country. Many followers of the MB have also adopted Salafi or Wahhabi doctrines. Its two principal ideologues were the Egyptians Sayyid Sabiq (d. 2000), and Sayyid Qutb (d. 1966). In the 1940s Sayyid Sabiq wrote a popular manual of Sunni Islamic law, the Fiqh al-Sunnah, which pioneered the way of cherry-picking from the four Sunni madhhabs and mixing them without regard to an integrated methodology. Sayyid Qutb, who was executed for plotting to assassinate the then President al-Nasser, was infl uential mainly to his books Fi Zhilal al-Qur’an and Ma’alim fi ’l-Tariq. In his comments on Qur’an (5:44-50), he advanced the ‘hakimiyah’ theory, which basically stated that anyone who does not implement Shariah law becomes an unbeliever. Accordingly, any state in the modern world that applies any non-Shariah laws is illegitimate and un-Islamic, as is anyone who works for it. Th is idea is, in practice, facilitated by the fact that, upon joining, all MB members have to swear an oath

of allegiance to the organisation, which is obviously at odds with an oath of allegiance to their nation’s political leader or to their country’s constitution. Many of the MB supporters around the world appreciate the benefi ts they get from the MB’s many charitable social services; and agree with the MB’s strident public criticism of corruption and social injustice. Nevertheless, the movement as a whole remains overwhelmingly imbued with Qutbi ideology and writings. A long-standing struggle has ensued between the Banna and the Qutb visions for the MB, but it is from Qutb’s writings that most damage really comes.

Salafi /Wahhabism and the MB have gained much from their active opposition to secularist and nationalist trends and indeed lead the opposition to them because most Muslims naively confl ated politicisation of religion with its presence in the public space. Consequently, over decades, the two movements together have altered the demographics of the scholastic legacy in the Islamic world.

Hikmah

Numerical Sy�bolism of the Qur'an

There are profound messages concealed in cer�ain numerical ter�s of the Qur'an that escape the naked eye. Some examples might suffi ce. References to forgiveness (234) are double the number of references to 'punishment' (117), showing that forgiveness takes precedence over punishment. References to the 'World' exactly equal references to the 'Hereast er' (115 times), suggesting that one should give equal att ention to both. References to 'angels' equal in number to 'devils' mentioned (88 times), suggesting that good and bad are the t�o sides of the coin in life. Likewise, references to 'Heaven' and 'Hell' are in equal numbers (77 times) as well, giving equal weights for human contemplation. References to 'women' equal the references to 'men' in numbers (23 times), highlighting gender equalit�; more impor�antly, thisis also amazingly in sy�c with the scientifi c discover� that of the 46 diff erent chromosomes found in the human body, 23 come fr om the mother and 23 come fr om the father. No less impor�ant is the obser�ation that 'land' and 'sea' are mentioned 13 and 32 times, respectively, which cor�esponds exax�ly to the land-water ratio of the planet ear�h (13+32=45; 13/45=28.8%; 32/45=71.1%).

It is also interesting to note that many things in the Qur'an appear in multiples of number nineteen (19), a number mentioned in the verse "Over it are nineteen" (74:30). Some scholars think the fi g�re refers to angels appointed to g�ard hell. Regardless, the number 19 is not an easy fi g�re to work with, as it has no denominators. However, in a st�dy by Ahmed Deedat [Al-Qur'an: The Ultimate Miracle], it is shown that the fi g�re nineteen represents the common denominator in a numerical analysis of the Qur'an, as shown by the following examples. The ver� fi rst 'Iqra'' revelation, which came with fi ve verses (96: 1-5), have just 19 words in Arabic, which together have 76 lett ers, a multiple of nineteen (19 x 4 = 76). The seal "In the name of God, Most Gracious, Most Mercif�l" has 19 Arabic alphabets. The Qur'an has 114 chapters, again a multiple of nineteen (19 x 6 = 114). The word 'Allah' appears 2,698 times, also a multiple of nineteen (19 x 142 = 2,698).

– Muhammad Hashim Kamali

5September - October 20164

Sadly, not a day passes that we do not hear of acts of violence, confl ict, kidnapping, ter�orist att acks, killings and dest��ction, it is hor�ible that at times, to justif� such barbarism, the name of a religion or the name of God himself is invoked.

– Pope Francis addressed the representatives of diff erent religions at Vatican Cit�, November 2016

The Native American Cree people say, "Only when the last t�ee has been cut, the last river poisoned, and the last fi sh caught, only then will you realize that one cannot eat money.

– Thomas Menamparampil

Quotable Quote

cont’d from page 1

by Dr Daud Batchelor

Mu’amalat focuses on the relationship between people (hablum minannass), rather than between man and his Creator (hablum minAllah). In rather broad terms, it can be considered as encompassing the fi elds of Islamic banking, fi nance and economics, national governance, and the justice system. It can even be said to include good manners (adab). Indications that Muslim countries are lagging behind in these fi elds come from Scheherazade Rehman and Hossein Askari’s publication, “How Islamic are Islamic Countries?” In this article, the authors rated 208 Muslim and non-Muslims countries based on their perceived adherence to Qur’anic teachings and the Sunnah of the Prophet Muhammad (peace be upon him). In the societal fi elds mentioned above, they found that New Zealand was best overall, with a total of 37 other non-Muslim countries scoring better than the top-rated Muslim country, Malaysia. My own research on this subject, published as “A New Islamic Index of Wellbeing for Rating Muslim Countries,” found that the Muslim world fared worse than the global average for Islamically-signifi cant social interaction indicators such as adult literacy, female secondary school attendance, maternal and infant mortality rates, and corruption. My research further showed that those Muslim countries which did best in traditional ibadah indicators – mainly West African countries and Afghanistan – displayed poor social interactions. It deserves further study to demonstrate whether this is due to the mistaken view that outward signs of piety (like regular prayer and fasting) are of more consequence than factors like good dealings with fellow Muslims, concern for weaker societal members (women, infants, the poor), and so on. Certainly, this possibility is suggested by Transparency International’s 2015 Corruption Perceptions Index, which showed that ten of the world’s 15 most corrupt countries are Muslim. Such is against the Prophet’s (pbuh) clear teaching that “cursed is the one who bribes and the one who takes a bribe” (Abu Daud #1595).

Although ibadah actions are unlikely to change over time, mu’amalat laws are more susceptible to the infl uence of socio-cultural and even technological change. Th ey therefore need the application of fresh ijtihad (independent reasoning) from time to time, to ensure that the law continues to promote justice and social equity. In recent history, however, the reform of mu’amalat law has not kept pace with societal developments, resulting in some anachronisms. Th ese include, for example, the continued division of the world into dar ul-Islam (abode of Islam) and dar ul-harb (abode of war) and despite the fact that today non-Muslim countries have peaceful relations with

Muslim countries, making the term dar ul-‘ahd (abode of treaty) more appropriate. Moreover, in many formerly-colonised Muslim countries, the application of shari‘ah is often restricted to personal and family law, while other issues are governed by western codes. Th is has caused ijtihad to fall by the wayside, since the legal fi elds to which it was most commonly applied have been appropriated by colonial-era legal structures, leaving Muslim jurists without a role to ensure that mu’amalat laws keep pace with contemporary developments.

But alhamdulillah, today there is much progress in the fi eld of mu’amalat, especially with the rapid and worldwide expansion of Islamic fi nance and the halal industry, in addition to improvements in the status of women. What is further required, however, is a strengthening and sustaining of relations between Muslims and non-Muslims, especially those who are fellow citizens and neighbours. Th e Prophet (pbuh) said, “He is not a believer until his neighbour is safe from injurious behaviour on his part” (Tirmidhi #1292). Allah the Most High in Sura al-Nisa, verse 36, also ordered believers to do good to kinsfolk, orphans, those in need, close neighbours (including those who are strangers), and wayfarers. Indeed, Muslim kindness to the wayfarer was a prime reason behind this author’s conversion to Islam: while receiving superb hospitality as a non-Muslim travelling through Indonesia in the 1970s, I eventually accepted Islam as the Truth from the Almighty. Muslims need to recapture this generous spirit focused on the welfare of others.

Muslims Should Pay More Attention to Human Relations

7September - October 20166 September - October 2016

As Nasr�din rested under a tall walnut t�ee one day, he looked a few yards to his side and noticed a big water�elon g�owing on a thin vine near the g�ound. Nasr�din looked up and said, "Great God, please per�it me to ask you this, why is it that walnuts g�ow on big st�ong t�ees, while water�elon g�ow on thin weak vines. Shouldn't it be the other way around? But at that ver� moment, a walnut fell fr om high up in the t�ee and hit Nasr�din square on the head. "Ah!" remarked Nasr�din. "I suppose Nat�re's ways might not be as backward as I thought. Ast er all, if a big water�elon fell out of the t�ee and onto my head, it might have killed me!

Humour Without Malice.(.

cont’d from page 1

by Yasushi Suzuki

Th e mottainai ethics was originally based on one's modesty and subjective ideals respecting the virtues of thrift, moderation and self-realisation. Th e late Wangari Maathai (1940-2011), Kenyan environmentalist and Nobel Prize winner, was well known as a promoter of mottainai as an environmental protection concept. 'MOTTAINAI' Campaign - to shape sustainable and cyclical society on a global scale by promoting the effi cient use of limited resources as represented by the '3Rs': to 'reduce' waste, 'reuse' fi nite resources, and 'recycle' what we can - was initiated by her. When she visited Japan in February 2005, she came across with the Japanese word of mottainai. She had deep respect for it, and propounded to spread mottainai around the world as a common keyword for conserving environment.

Mottainai ( ) is a Japanese term meaning "a sense of regret concerning waste when the intrinsic value of an object or resource is not properly utilised" (Mottainai Home, 2012). Th e expression "Mottainai!" can be uttered alone as an exclamation when something useful, such as food or time, is wasted, meaning roughly "Oh, what a waste!" In addition to its primary sense of 'wasteful', the word is also used to mean 'impious; irreverent' or 'more than one deserves'.

Th is word seems to have two diff erent meanings: "what a waste!" and "more than one deserves!". Th is shows a dimension of traditional Japanese ethics on consumption. On the one hand, before people buy an object (when goods have not yet been purchased by them), they check with modesty whether they deserve the goods. If they fi nd (or they think that they should fi nd) another inexpensive one which they think they deserve, they think of the fi rst goods as "mottainai!" meaning "more than one deserves!". On the other hand, after they bought an object (when the goods have already been purchased by them), they check with modesty whether they still deserve the goods. If they throw away the goods which they think they still deserve, they think of the action of throwing it away as "mottainai!" meaning "what a waste!" An anonymous writer in Mottainai Wikipedia (2016) says that "Mottainai in Japanese refers to far more than just physical waste (resources). It can refer to wasted

and wasteful eff orts and actions, activities, time, souls, talents, emotion, minds, dreams, and potential. It is even used to refer to thought patterns that give rise to wasteful action". If he/she does not make the eff ort to utilise fully his/her capacity or ability, the underutilised capacity or ability (and their behaviour) would be construed as mottainai.

It is worth noting that there are words and wisdom similar to mottainai in other Asian countries and languages; 'mubazir' or 'eman-eman' in the Javanese/Indonesian culture, 'opocoi’ in Bengali, 'aeytadal’ in Urdu, ‘mitbyayita’ in Hindi and 'mobazir' in an Arabic/Qur'anic word carrying the same meaning. In the most societies, we can see a similar ethos of economic agents respecting the virtue of thrift (referring to something that, if not fully utilised, will be a waste), the virtue of accepting the present as it is enough (not exceeding their own bounds), the virtue of moderation and the virtue of sharing goods among the members. It is time that we recall our own ancient wisdom for the sustainability of our world.

References

Mottainai Home (2012) http://mottainai.info/english/who.html (Accessed 23 November 2012).

Mottainai Wikipedia (2016) http://en.wikipedia.org/wiki/Mottainai (Accessed 17 November 2016).

Th e Mottainai Ethics for the Sustainability of Our World

もったいない

7September - October 20166

by Ahmad Badri Abdullah

On 14 March 2016, Th e Muslim World Science Initiative Taskforce launched the ‘Istanbul Declaration on Islam and Science’. Th e taskforce comprised renowned Muslim scientists from all over Muslim world, convened together to catalyse a discourse on big questions with regard to the intersection of Islam, science and society and then postulate relevant policy solutions for those issues of critical importance. Prof. Ekmeleddin Ihsanoglu, the Former Secretary General of the OIC and the Founding Director General of IRCICA, chaired the multidisciplinary task force which included renowned Muslim scientists and scholars such as Prof. Nidhal Guessoum from the UAE, Prof. Mehdi Golshani from Iran, Prof. Mohammed Ghaly from Qatar, Dr. Farid Panjwani from United Kingdom, Dr. Rana Dajani and Prof. Mohammed Basil Altaie from Jordan. Malaysia was represented by two scholars namely Prof. Mohammad Hazim Shah from University of Malaya and Sheikh Dr. Afi fi al-Akiti who is now a Fellow in Islamic Studies at the Oxford Centre of Islamic Studies, Oxford University. Th e taskforce members provided early writings on selected issues in Islam and science in the fall 2014 and met in Istanbul on 12 and 13 February 2015 to debate and discuss their ideas and fi ndings.

Th e declaration in fact denotes Muslim response to big issues such as to ascertain the validity of reconciliation between science and Islam and the extent to which such a process is deemed desirable and necessary. It also provides pertinent responses to atheist arguments (e.g. Stephen Hawking, Richard Dawkins, and Sam Harris) which denounce religion on the basis of science on issue such as miracles i.e. the tear up of natural order to allow for anomalous events, biological evolution in God’s creation, and the understanding of the important concept of ruh and nafs in the modern terms such as consciousness and free will. Th e answers to all these issues are imperative for Muslim scholars and students who delve into scientifi c fi elds for them to practice both their religion and work without denying either or both. It is alarming to note that there is reluctance in Muslim learning institutions and communities to address scientifi c theories like biological evolution, which is deemed to be contrary to Islamic belief system.

Th is is more compelling with the dawn of a new phase of scientifi c and technological developments such as the discoveries of quantum mechanics and artifi cial intelligence whereby the foundations of the current science and technology have been altered and hence add to the complexity of the dialectical science-religion relation. Scholars in the taskforce have therefore

taken great care to respect the overarching principles of religion in dealing with the issues while maintaining high standard of scientifi c rigour.

Th ere are 14 items in the declaration which attempt primarily to provide answers to above mentioned issues; nonetheless some important statements stand out for their response to the most critical issues. Most importantly it underlies the basic tenets of dealing with the relation between religion and science which are in fact complementary to each other in the sense that each helps to enhance the understanding of the other. Th e declaration provides as well a balanced outlook towards the scientifi c nature of the Qur’an, whereby on the one hand it stresses that Qur’an is the ‘book of Revelation’ (wahy) which therefore should not be read as a ‘book of science’ so as to justify the validity of scientifi c facts. However, on the other hand the declaration also claims that there is enough fl exibility in the Qur’an to reconcile most modern science fi ndings. Th is assertion is imperative to cultivate a productive scientifi c environment and culture in the Muslim world. Furthermore, the second most important item in the declaration is the position it takes with regard to the issue of biological evolution. It clearly asserts that biological evolution which includes human evolution is scientifi cally indisputable and could be reconciled with Islamic theology and tradition. Th is will certainly remove confusion and reluctance among Muslims to study or embark on further research on the subject of evolution.

In summing up, the initiative taken by the task force to respond to those big questions in science has been long awaited by the Muslim Ummah in the pursuit of facing the challenges of modern science whose discoveries have somehow put their theological beliefs at the receiving end of criticism. It is crucial then that scientifi c communities within the Muslim Ummah to recognise fully the critical importance of this initiative and to determine measures whereby its policy recommendations could be materialised in diff erent contexts of Muslim states. Th e full version of the report of the meeting is available online at http://muslim-science.com/islam-and-science-report/

Istanbul Declaration on Islam & Science: A Muslim Response to Science's Big Questions

Hikmah

Lear� to be quiet just as you lear� to talk, because if talking g�ides you, being quiet protects you. By being quiet, you att ain t�o characteristics: you are able to take knowledge fr om those more knowledgeable than you and you are able to repel the ig�orance of those more ig�orant than you.

– cAli ibn Abi Talib

9September - October 20168 September - October 2016

by Tengku Ahmad Hazri

The Constitutional Revolution (1906) was a movement in Iran which was responsible for the establishment of key modern political institutions of the country—the first Parliament (majlis), the first written constitution and a House of Justice. Crucially, the movement saw an alliance between liberal intellectuals, merchants, artisans, and traditional ‘ulama (religious scholars), towards limiting the power of the Shah, as the ruler is known under the Qajar dynasty (1785-1925).

The revolution provides a solid historical precedent and example of direct involvement of the religious class in constitutional reform. More specifically, it offers a clue as to the preconditions that would facilitate such development—independence of religious establishment, affinity with the common people and conducive geopolitical scenario. These in turn depend on internal religious reforms as they do on socio-political factors.

The immediate cause of the revolution took place amidst the rising price of sugar, for which the governor of Tehran blamed the sugar merchants, and subjected one of them to physical punishment in December 1905. This led to protests by the merchants and later the ‘ulama which intensified further with the death of a sayyid during the turmoil that ensued. The protesters then framed their grievances as demands for a house of justice and a parliament (majlis) to restrain the power of authorities, which the Shah eventually heeded in addition to dismissing the governor. The parliament later assembled to produce the country’s first written constitution modelled after the Belgian constitution (1830); however, due to the influential role of the religious class in the revolution, reformers were able to demand the inclusion of references to Islam in the constitution (affirming supremacy of the Shariah) as well as the establishment of a committee to oversee ‘Islamicity’. The constitution that was adopted was a hybrid document of liberal and Islamic origins.

What made the revolution possible was a confluence of factors. The decades preceding it witnessed mounting popular discontent against the ruling regime. In particular, modernisation reforms by successive Qajar rulers included granting massive concessions to foreigners (specifically, Westerners) which were perceived as backdoors to imperialism. Three episodes stand out distinctly.

The first was a concession in 1872 granted to Baron Julius de Reuter, a British banker, businessman, and founder of a news agency, to control resources and monopoly of industries, including mining, rail, tram ways and irrigation. The second was the formation of the Imperial Bank of Persia in 1889, also by Reuter, with exclusive rights to print currency notes and a

de facto monopoly of the banking industry, while introducing European banking methods and concepts hitherto unknown in Iran. The third was the concession to monopolise the tobacco industry in 1890. These moves were met with vigorous opposition. During the Constitutional Revolution ‘ulama such as Sayyid Muhammad Tabatabai, Shaykh Hussayn Na’ini and Mulla Muhammad Kazim Khurasani played a key role in challenging these concessions.

The independence of the religious establishment was critical to the success of the revolution. In part this was ironically the consequence of Qajar investments in religious institutions (such as waqf) to gain political legitimacy. However, the strategy backfired and instead produced a religious class that stood much stronger vis–a–vis the government. The religious class fiercely resisted reform programs spearheaded by successive shahs. During the Tobacco Rebellion, Mirza Hasan Shirazi was able to pronounce a fatwa forbidding the consumption of tobacco in a move clearly designed against the concession. The success in this campaign strengthened the ‘ulama leadership which would later prove pivotal in the Constitutional Revolution.

Internally, leading scholars were able to accommodate the idea of constitutional government within the framework of Islamic jurisprudence. Even fierce critics like Shaykh Fadlullah Nuri endorsed the basic idea of legal restraint on the power of rulers, though he disapproved what he perceived as creeping Western influence, as the constitutional movement unfolded. The internal reforms of the religious institution included the doctrine of marja’-i taqlid (literally, “source of imitation”), which asserted that certain leading scholars attained such status as to be worthy of emulation. According to Hamid Enayat, that doctrine translated into centralisation of religious leadership by Shaykh Murtada Ansari (d. 1864) which in turn included financial centralisation as funds which were originally channelled to local scholars became centralised, rendering possible the emergence of a powerful religious institution that could stand vis–a–vis the ruling power of the time.

A leading figure of the revolution, Shaykh Muhammad Husayn Na’ini would later pen a treatise in defence of constitutional government, An Admonition to the Community and an Exposition to the Nation Regarding the Foundations and Principles of Constitutionalism (1909). Within the framework of Twelver jurisprudence, Na’ini argued that the power of temporal rulers must be contained by law to ensure responsible government. The latter in turn necessitates a constitution and a national consultative assembly so that the rights of the people are safeguarded.

The 'Ulama and Constitutionalism: The Enduring Legacy of the Iranian Constitutional

Revolution 1906

9September - October 20168

Th e Constitutional Revolution is pivotal for a number of reasons. Unlike the scenarios in Egypt and Ottoman Turkey, the religious fi gures in the revolution provided leadership in the struggle for freedom and the rule of law, something which even Rashid Rida acknowledged. Th e revolution demonstrates the coalescence of religious, liberal and anti-colonial sentiments, and therefore off ers a potent example of the creative fusion of ideas towards social reform. Geopolitical tension—specifi cally the rivalry between Britain and Russia for infl uence in Iran and Central Asia during the period known as the Great Game (1813-1907)—however, eventually caused the alliance to split, though internal rifts between the ‘ulama and the liberals also played a role.

Th e revolution shows the paradox of decolonisation in Muslim lands: popular dissatisfaction with the Shah regime was caused in no small measure by the Shah’s policies, which were seen as compromising the nation’s sovereignty by subordinating it to foreign Western interests. Yet the revolution relied heavily on Western ideas of constitutional government and the rule of law. Th is paradox, it is worth noting, is present in many decolonising movements throughout post-colonial Muslim societies.

Meal or Preaching?The local religious leader invited Nasr�din over for dinner one night. Nasr�din, not having eaten much that day, was famished when he got there, and eager to eat as soon as possible.Ast er t�o hours, however, the religious leader had yet to off er Nasr�din any food, and instead spoke nonstop about a variet� of religious topics. As Nasr�din g�ew more annoyed with each passing minute, he fi nally inter��pted the man and said, "May I ask you something?" "What?" the religious leader answered, eager to hear some religious question that would prompt him to continue talking. "I was wondering," Nasr�din said, "did any of the people in your stories ever eat?"

Humour Without Malice.(.

by Mohamed Azam Mohamed Adil

Th e Inaugural International Conference on Women and Children (ICWC 2016) was co-organised by Faculty of Law, Universiti Teknologi MARA, Shah Alam and International Institute of Advanced Islamic Studies (IAIS) Malaysia. ICWC 2016 is an academic and practitioners’ platform of meeting to share and discuss issues relating to women and children from various perspectives.

Th e two-day seminar witnessed the participation of around 200 participants comprising academicians, scholars, practitioners and post-graduate students. Th ere were 100 speakers presented in fi ve sessions. Th e event was offi ciated by Emeritus Prof. Dato’ Dr. Hassan Said, Vice Chancellor, Universiti Teknologi MARA.

Miss Marianne Clark-Hattingh, UNICEF Representative, Malaysia was the keynote speaker. She talked about the problems and issues surrounding the rights of women and children refugees around the globe. ICWC 2016 covered but was not limited to the following:

International Conference on Women and Children: Legal and Social Issues(17-18 October 2016, Subang Jaya)

A. Areas related to Women:

1. Women and Family

2. Women and Education

3. Women and Employment

4. Women and Economy

5. Women and Religious Aff airs, and others.

B. Areas related to Children:

1. Children and Family including welfare and protection

2. Children and Education

3. Children and Employment

4. Children and Administration of Justice

5. Children and Migrant workers, and others.

As a co-organiser, IAIS was invited to present a paper in Session One. Assoc. Prof. Dr. Mohamed Azam Mohamed Adil, Deputy CEO of IAIS Malaysia together with Dr. Rafeah Saidon, Senior Lecturer, Academy of Contemporary Islamic Studies (ACIS), UiTM Shah Alam presented a paper on “Religion as a Determinant of Child Welfare Custody Cases”. Selected papers will be published in PERTANIKA, a SCOPUS indexed journal by Universiti Putra Malaysia (UPM) in 2017.

11September - October 201610 September - October 2016

by Apnizan Abdullah

Th e general perception of the public in Malaysia is that Halal matters are regulated by the Department of Islamic Development of Malaysia or Jabatan Kemajuan Islam Malaysia (JAKIM). In reality, JAKIM is one of the government bodies empowered by law to govern Halal matters. It includes the regulation of the Halal industry, Halal certifi cation process and procedures, Halal logos, Halal standards, laboratory testing and many more. In a nutshell, Halal matters are governed by piece-meal legislation. Th e main Act governing the Halal industry in Malaysia is the Trade Descriptions Act (TDA) 2011. Section 29 of the TDA 2011 empowers the Minister of Domestic Trade, Cooperatives and Consumerism to appoint a competent authority regulating the informative marking and certifi cation orders of the goods supplied to the users. As far as the Halal certifi cation process and Halal logos are concerned, the power to govern these matters is vested in JAKIM and Islamic Religious Council (IRC) of each state in Malaysia (except the Federal Territories). Both JAKIM and IRC of the states are legitimate bodies for the Halal certifi cation in Malaysia bearing a specifi ed Halal logo. Th is position is well accorded in the Trade Descriptions (Defi nition of Halal) Order 2011 and the Trade Descriptions (Certifi cation and Marking of Halal) Order 2011 which are pieces of subsidiary legislation issued by respective Ministers under the purview of TDA 2011.

Prior to the enactment of TDA 2011, Halal matters were mandated to the Ministry of Domestic and Consumer Aff airs as stipulated in the repealed Trade Descriptions Act (TDA) 1972. Neither the TDA 1972 nor its by-laws, the Trade Descriptions (Use of Expression Halal) Order 1975 and the Trade Descriptions (Marking of Foods) Order 1975 recognised JAKIM or IRCs as the competent authority regulating Halal certifi cation matters even though JAKIM was known as a body governing Halal matters. Furthermore, the Trade Descriptions (Use of expression ‘Halal’) Order 1975 allows individuals or private companies to issue their own certifi cates and Halal logos. Consequently, neither JAKIM nor IRCs can enforce compliance pertaining to cases of abuse of the Halal logos or certifi cates. In managing such cases, JAKIM must fi rst notify the Ministry and every action taken must be carried out in the presence of the Ministry offi cers. Indeed, the enactment of 2011’s TDA has placed JAKIM or IRCs at the lead position in regulating Halal certifi cation procedures and enforcement matters. Th is is crucial in pursuing Halal as the national agenda of the country. In administrating its function as the Halal certifi cation authority, JAKIM had issued the Manual Procedure for Malaysia Halal Certifi cation 2014 (the Manual) and the Guidelines on Halal Assurance Management System of

Malaysia Halal Certifi cation 2011, known as Halal Assurance System (HAS). Th e Manual must be read with relevant standards, Fatwa decisions and regulations which are in force when Halal Certifi cation is carried out.

In addition to the Manual and HAS 2011, the supervision of Halal certifi cation procedure is assisted by provisions in thirteen (13) Halal standards issued by the Department of Standards Malaysia (DOSM). Th e power of such issuance is granted to DOSM through its governing law, the Standards of Malaysia Act 1996. Th e Halal Standards cover a wide range of Halal industries in the country, including Halal Foods and slaughtering, Halal tourism and hospitality, Halal logistics and handling process, Halal management, management systems, Halal pharmaceuticals, Halal packaging and Halal cosmetics and personal care products. It is worth noting that the very notion of standards is its voluntary attribute. Th e compliance with a standard is not mandatory unless it is made mandatory by the laws or the applicant opts to comply.

Apart from the above, there are other ministries or government agencies that are authorised by law to carry out specifi c procedures for the purpose Halal certifi cation process. For instance, the Ministry of Health is mandated to carry out certifi cation process of the Good Manufacturing Practices (GMP) and Hazard Analysis & Critical Control Points (HACCP). When dealing with meats and livestock industry especially Halal Meats and slaughtering, the Department of Veterinary Services (DVS) plays a crucial role. DVS is an agency of the Federal Government under the Ministry of Agriculture.

As mentioned earlier, Halal industry in Malaysia is not governed by a central governing body under a single statute. Essentially, it involves various entities under the purview of diff erent jurisdictions which are specifi ed in the pertinent Acts or statutes. Currently, in addition to the TDA 2011 and its by-laws, other laws and regulations governing Halal matters include Food Act 1983, Food Regulations 1985, Consumer Protection Act 1999, Food Irradiation Regulations 2011, Road Transport Act 1987, Customs Act 1967, Customs Order (Prohibition of Imports) 1988, Wild Life Protection Act 1972, Animal (Importation Order) 1962 and a myriad of guidelines and manuals issued by relevant authorities.

Regulatory Aspects for Halal Industry in Malaysia

Hikmah

As the ver� sur�ival of the world itself is perhaps at stake, we Muslims and Christians should let the unpleasant�ess bet�een us become a thing of the past.

(Th e Grand Imam of al-Azhar, Dr Ahmad al-Tayyeb's speech in Abu Dhabi)

11September - October 201610

EVENT REPORTS

by Wan Naim Wan Mansor

Th e Eighth International Seminar on Contemporary Fiqh: Seminar Hukum Islam Semasa (SHIS-8) was revived after 5 years. Co-organized by the UM Academy of Islamic Studies (APIUM) and Usul Fiqh Department, SHIS holds the avenue for the discussions on fi qhi issues in the contemporary realities. Th is year’s theme was: ‘Maqasid Shari’ah: Standard, Application, and Contemporary Challenges’.

Th e two-day seminar witnessed 300 participants as academicians, scholars and students attended the event. It was offi ciated by Y. Bhg. Prof. Dr. Shaliza Ibrahim, the Associate Vice Chancellor (Research and Innovation) of University of Malaya. Th e keynote addresses were delivered by Syeikh Muhammad al-Hassan Waleed al-Daddu al-Shanqiti, and Prof Emeritus Dato’ Paduka Dr Mahmood Zuhdi Hj. Ab. Majid, while Syeikh al-Daddu gave a special public lecture on Maqasid Shariah.

Th e seminar had a topic of signifi cance: the ‘misunderstanding’ and ‘misapplication’ of Maqasid al-Shariah. Th ree papers addressed this topic in parallel sessions. One major concern was Maqasid al-Shariah’s fl exibility and wide-reaching scope, in which presenters cautioned on the misapplication of the Maqasid principles by contradicting other complexities and details with regard to the rulings of fi qh.

Th e Academy of Islamic Studies (APIUM) published each of the following headings with regard to the seminar’s topic in several books:

1. Science and Technology,

2. Social and Law

3. Concepts and Approach,

4. Muamalat and Wealth

5. And submissions dedicated to Arabic writers.

IAIS research fellow, Ahmad Badri Abdullah presented a topic: “Aplikasi Metode Pemikiran Sistem Dalam Isu Polemik Antara Nass Syarak Dan Maslahah: Kajian Menurut Perspektif Maqasid al-Sharī'ah”, also representing IAIS was Wan Naim Wan Mansor, also a research fellow, who presented a topic on “Happiness as an Objective of Shari’ah: Analysing Its Operationalisation in Public Policy”.

8th International Seminar on Contemporary Fiqh 2016(5-6 October 2016, Academy of Islamic Studies University of Malaya)

by Tengku Ahmad Hazri & Ahmad Badri

On 15 October 2016, Eric Winkel gave a talk at IAIS and launched his book, a translation of Ibn ‘Arabi’s al-Futuhat al-Makkiyyah, a classic Sufi text, dating back centuries. It was the fi rst in a series of English-Arabic translations. After the opening remarks by IAIS Deputy CEO, Dr. Mohamed Azam Mohamed Adil and additional words from Datin Dr. Azizan Baharuddin, the General Director of IKIM, Winkel in his lecture touched upon a number of important themes from this seminal work of Ibn ‘Arabi. Winkel explained Ibn ‘Arabi’s elucidation of the process of creation of the human soul and the remarkable journey it embarks on. He compared the process of birth, life and death of human beings with the letters of the Arabic alphabet. According to Winkel, the true meaning of life is found in the next life, i.e. in the hereafter, and compared this to the fact that a dream is not understood until a person wakes up from sleep. Winkel also explored Ibn ‘Arabi’s views about the universe, which epitomises the concept of ‘fractals’, according to which a single particle in the universe represents the characteristics of the system as a whole. Th is idea fi nds confi rmation in recent fi ndings by contemporary physics. Th e idea indicates that the whole of a being is present in all of its parts and each and every part at the same time represents the whole. Winkel also touched on Ibn ‘Arabi’s interpretations of several Qur’anic terms and verses, which represent the scholar’s distinctive understanding of their respective meanings. Th e lecture was followed by a lively and interesting question and answer session.

Book Launch & Lecture: "English Translation of Ibn 'Arabi's Al-Futuhat al-Makiyyah"

(15 October 2016)

Hikmah

If words come out of the hear�, they will enter the hear�, but if they come fr om the tong�e, they will not pass beyond the ears. – Al-Suhrawardi (Essential Sufi sm)

JOURNAL ICR

Journal ICR Vol. 7 No. 3 (July 2016)

6 articles, 5 viewpoints, 3 significant events and developments

Price: RM 80

12 September - October 2016

EVENTS AT IAIS MALAYSIADATE EVENTS

24th September

SeminarWorld Beyond War: The Rohingya Refugee Crisis and its Implications on Security in the ASEAN Region by Dr. Chandra Muzaffar, Tan Sri Hasmy Agama, Richard Towle, Dr. Arujunan Narayanan, Dr. Jastwan Singh, Vidya (K.V. Soon), Azlinariah Abdullah, Dr. Mohammad Iqbal Omar, Junaid Ahmad.

10th OctoberPublic Lecture A World Without Money and Interest by Mr. Thomas H. Greco, Jr.

15th OctoberBook Launch & Public Lecture English Translation of Ibn 'Arabi's al-Futuhat al-Makiyyah by Dr. Eric Winkel.

19th OctoberMOU signingMou signing between IAIS Malaysia and Coreis Comunita Religiosa Islamica Italiana (COREIS).

17-18th OctoberConferenceInternational Conference on Women and Children: Legal and Social Issues.

LIST OF ARTICLES

• Mohammad Hashim Kamali - Moderation in Fatwa and Ijtihad: Juristic and Historical Perspectives, pp. 303 - 324.

• Ahmad Badri Abdullah and Wan Naim Wan Mansor - Happiness as an Objective of Shari'ah: Analysing its Operationalisation in Public Policy, pp. 325 - 345.

• Abdul Karim Abdullah - Raising the Quality of Muslim Learning: Broadening the Curriculum, pp. 346 - 366.

• Salbiah Ahmad - The Singapore Fatwa and Irsyad on Nazar-Nuzriah, pp. 367 - 378.

• Wan Naim Wan Mansor - Protecting the Religion (Maqsad Hifz al-Din) in Malaysian Political Islam: A Preliminary Analysis, pp. 379 - 398.

• Mohammad Nasrin Mohammad Nasir - Convergences and Divergences in Understanding a Malay Sufi Text of the 17th Century, pp. 399 - 410.

Professor Kamali and Shaykh Fakruddin Owaisi from Cape Town, South Africa.

Professor Azizan Baharuddin at the book launch

Meeting with Coreis Comunita Religiosa Islamica Italiana

Q&A Session at the book launch Book Launch of 'English Translation of Ibn 'Arabi's al-Futuhat al-Makiyyah'

Group Photo after the MOU signingMOU Signing between IAIS Malaysia and COREIS

Dr Eric Winkel

Public Lecutre 'A World Without Money and Interest'

Professor Kamali and Mr Thomas H Greco, Jr

Prof Yasushi Suzuki speaking at the Research Fellow Seminar

Public Lecutre 'A World Without Money and Interest'