B U L L E T I NON ISLAM AND CONTEMPORARY ISSUES

I A I S

Muhammad (pbuh) was the posthumous son of Abdullah and his wife Aaminah among the nobility of the Quraish tribe of Mecca whose line of descent reaches Prophet Ishmael, son of Prophet Abraham. Born in 570 AD his mother died when he was six and he was brought up by his paternal grandfather, Abdul Mutalib, and uncle Abu Talib. He was nursed by Halimah who took the young Muhammad to her desert home for two years. (More p. 3)

ISSN 2231-7627 FREE

Focus: Commemorating Prophet Muhammad’s Birthday(Which fell on 24 January 2013)

MALAYSIA

No. 12, January-February 2013

In This Issue:

• Articles• Research Updates• Event Reports• Hikmah• Quotable Quotes

ARTICLES

SEMINAR / EVENT REPORTSResearch Fellow Seminar, 13 February 2013 (More p. 5)

Third Abdullah Yusuf Ali Memorial Lecture (More p. 10)

Visit by Professor Mumtaz Ahmad (More p. 10)

by Mohammad Hashim Kamali

The United States has the largest military expenditure greater than the rest of the world combined, the highest number of prisoners per capita, and scored 88th out of 158 countries in the 2012 ‘Global Peace Index’. This militarised population with the largest private gun ownership in the world has had 62 mass shootings since 1982, with 2012 its most violent year on record. (More p. 4)

Deadly Drones in Hands of Trigger-Happy Americansby Daud Abdul-Fattah Batchelor

An anonymous questioner asked Rashid Ahmad Gangohi (d. 1905) about the reviver (al-mujaddid). The question and Shaykh’s answer are recorded in Ta’lifat Rashidiyyah, an ontological work compiling fatawa and treatises written by Gangohi in Arabic, Urdu, and Persian. Rashid Ahmad was from Gangoh a small town in Saharanpur, India. (More p. 6)

Defining the Reviver: Analysis of Rashid Ahmad Gangohi’s Fatwaby Mohammed Farid Ali

Bengal – the name popularly known to the world before it was renamed as Bangladesh – experienced Islam for the first time in history around the year 620 CE, which is around the 10th year of the advent of Islam. Reports indicate that some of the companions of the Prophet (pbuh) travelled from Ethiopia towards China in the seventh year of prophethood, and that they stopped over at the port of Chittagong. (More p. 7)

Challenges of Islam in Bangladeshby Tawfique Al-Mubarak

“Mak Yong” an ancient dance-theatre which originated from the Pattani Kingdom (now in Thailand) is a comprehensive theatre performance combining dance, opera, drama and comedy. Due to its animist and Hindu-Buddhist roots it was banned by the Pan-Malaysia Islamic Party in 1991. It was however registered as a Masterpiece of the Oral and Intangible Heritage of Humanity by UNESCO in 2005. (More p. 11)

Mak Yong Revisited: Islamisation of Ancient Cultureby Sheila Ainon Yussof

continued receiving revelations for twenty-three years, which became known as the Qur’an. As soon as he began to propagate his mission, he and his small group of followers became targets of bitter hostility and persecution of the Meccans, which compelled them to leave their hometown in 622 AD. This event, the Hijra, ‘migration’, marked the Prophet’s departure for Madinah, some 260 kilometres to the north, and the beginning also of a great transformation in the life of the nascent community of Muslims. After eight years, the Prophet and his followers triumphantly returned to Mecca, where they forgave their enemies, and established Islam in the whole of Arabia.

The Prophet was of fair complexion with definitive facial features, broad shouldered, average in height and weight. He spoke with clarity and pause. When he turned his face, he did so with the whole of his body, and when pointing at something, he did so with the whole of his hand. He would sit as one that was always ready to rise, and sat as one among equals. Whenever he had the choice between two matters, he would choose the easier. He did not take revenge excepting where the honour of God was concerned. When angry, he would avert his gaze, look downwards yet joyful. He smiled often, showed affection to children, and reverence to the elderly. He walked fast such that keeping pace with him was an effort. As a parent and friend, he was loyal, endowed with humility and gentleness, exceptionally generous.

The Prophet’s marriage to Khadijah was “happy, fortunate and fruitful,” until her death at age 65. Two sons and four daughters were born to them, but both their sons died at infancy. During her lifetime, Khadijah was his only wife. She was “his counsellor and support, and his grief at her death at first was inconsolable.” The fact that he had many wives is undisputed, but he was not licentious. Abraham, David, Solomon and many other Prophets and saints of the Old Testament also had many wives – none were licentious. Many of his marriages were for protection of widows whose husbands had died in the cause of Islam. T. P. Hughes, author of Dictionary of Islam, quoted Thomas Carlyle, who wrote: “Mohammad was not a sensual man; we shall err widely if we consider him otherwise. His household was the frugalest, his common diet barely bread and water; sometimes for a month, there was not once a fire lighted on his hearth... He would mend his own shoes, patch his own cloak, a hard toiling man, careless of what vulgar men toil for. No emperor with his dignity was obeyed as this man in a cloak of his own clouting.”

Till the third day before his death, he regularly led congregational prayers. When he was too ill to enter the mosque, he ordered his faithful friend, Abu Bakr, to lead the service. On his last attendance, the Prophet addressed the congregation: “Men and brethren! If I have caused any of you to be unjustly scourged, I here submit my own shoulder to the lash of retaliation. If I have

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At the age of nine, Muhammad exhibited indications of an intelligent and inquiring mind. He was reflective and loved solitary meditation. At the age of 12, he was taken by his loving uncle Abu Talib on a mercantile journey to Sham and Basrah. It was at Basrah that they met the Christian monk Buhaira, who is related have told Abu Talib to take good care of his nephew as great dignity awaited him. All accounts of Muhammad’s personality concur on ascribing to him correctness of manner, purity of morals and dignified bearing, which won him the approbation of Meccan society that soon conferred on him the title al-Amin (the trustworthy).

Between 580-590, war broke out between Quraish and Banu Hawazin tribes, which lasted ten years, and in two of these years Muhammad accompanied Abu Talib. He also took interest in business and visited local fairs in and around Mecca. At twenty-five years of age, on Abu Talib’s recommendation, he entered the service of Khadijah, an affluent widow of forty-five who had two sons and a daughter from her former marriage. Muhammad was placed in charge of Khadijah’s mercantile operations, and he again travelled the route to Basrah. Having proved himself successful in Khadijah’s business, he was soon rewarded with her hand in marriage.

At the age of 40 when on a meditative retreat, Muhammad received his first revelation from God through the Angel Gabriel. He

Warm Greetings. We at IAIS Malaysia look forward in 2013 to a full programme of activities and dissemination of knowledge in the field of Islamic civilisational renewal. Bulletin 12 has a variegated mix of articles to suit different tastes. The Prophet’s (PBUH) birthday occuring in January is commemorated with a concise account of his life by Professor Mohammad Hashim Kamali. Highlighting illegal aspects of the United States’ drone warfare programme, Dr Daud Batchelor in his article calls for restrictions with international oversight and vetting of targeted suspects, execution of penalties if the US government is found willful or negligent in causing civilian

EDITOR’S NOTE

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.

(Text from al-Tirmidhi and al-Nasa’i)

by Mohammad Hashim Kamali

Focus: Commemorating Prophet Muhammad’s Birthday

(Which fell on 24 January 2013)

(contd from page 1)

Professor Mohammad Hashim Kamali, Daud AbdulFattah Batchelor, Michael Scott, Mohammed Farid Ali and Norliza Saleh.

Bulletin Editorial Team :

3January - February 2013January - February 20132

Professor Mohammad Hashim Kamali

deaths, and a ban on drones’ use in the Muslim world. Dr Mohammed Farid Ali writes on the Hadith concerning the advent every hundred years of a religious revivalist (Mujaddid) and has analysed the answer (fatwa) by Shaykh Rashid Gangohi to questions on this topic. Bangladesh has been in the news lately with civil disturbances reacting to the death sentence ruling against Jamaat-e Islami opposition leader, Delwar Hossain Sayedee, in relation to the country’s 1971 war of independence. Tawfique Al-Mubarak has provided a helpful background article on Challenges of Islam in Bangladesh. One of Malaysia’s much loved dance-theatre forms, originating from the Hindu-Buddhist Pattani kingdom, is described in Sheila Ainon’s article on “Mak Yong” and how it may be Islamised. The well-attended Abdullah Yusuf Ali Memorial Lecture involving a fascinating and provocative presentation by British scholar, Dr Louay Fatoohi, is reported on, as well as the proceedings of the IAIS Research Fellow Seminar held in February. Our selections of ‘Hikmah’ and ‘Quotable Quote’ in this issue also feature various statements on the life of the Prophet Muhammad. Three other features of interest are IAIS Event Reports, Staff Research and Publications, and Policy-relevant recommendations. I take this opportunity to thank all the contributors and the Bulletin Editorial Team for their continued support.

aspersed the good name of any of you, let him proclaim my fault before this congregation. If I owe any of you a debt, the little that I have shall discharge the debt.” He then informed them of the rituals of his own burial, and said: “My most earnest wish is that no wailing and lamentation disturb my repose.” The

Prophet died on 8th June 632 at the age of 63.

Among the Prophet’s greatest achievements was to instil a new monotheistic moral code that departed from the pagan Arab’s reliance on tribalism and ancestral practice as criteria of moral life. The very simplicity of his calling to faith Popular culture of violent video games

and Hollywood have desensitised many Americans to killing, and the influential Islamophobic media tends to degrade the human value of Muslims. Armed drones used by the US almost exclusively target Muslims. In this context, is it wise to allow the US President authority to kill by drones anyone he may believe is an ‘imminent threat’ - without first providing proof of wrongdoing in a court of law? And where in the world is a government exonerated when in addition to executing a criminal ‘suspect’ it also executes innocent bystanders including children? The US government neatly defines all adult males killed by strikes as “militants”, unless there is explicit evidence posthumously (after death) proving them innocent.

The UN High Commissioner for Human Rights, Navi Pillay, rightly ruled that the killing of civilians by US drones is illegal and in violation of human rights. It would seem high time that prior to any possible drone attack the detailed evidence against a targeted person is placed before a UN Committee or the International Court of Justice, and reviewed by independent lawyers before any possible attack is envisaged. The UN should take up the plight of innocent victims of US drone attacks and exact a heavy penalty and international legal rulings on the US government leadership if they are found culpable or negligent.

Recently cited official figures listing 4,700 killings by US drones in Pakistan, Yemen and Somali indicate a civilian kill rate of around 17%. The Bureau of Investigative Journalism (TBIJ) estimates a much higher rate of 1,025 innocent deaths. Pakistan’s Interior Minister, Rehman Malik,

has stated that only 20% of those so-killed in Pakistan were militants while the others were innocents. Wedding and funeral groups seem to be especially targeted, and drones often return to kill the rescuers. Eighteen civilians including nine children were killed by drones at one wedding party last year, which was the seventh such party eviscerated by US air attacks in Afghanistan since 2001. These are plain premeditated murders. The TBIJ documents many such cases of civilian killings by US drones. The 2011 Datta Khel massacre of 35 civilians in Northern Waziristan was exhaustively documented by on-site investigators including from the New York Times and Associated Press. So-called “signature strikes” or “crowd killings”, which target a group of unnamed and unidentified suspects, clearly violate international law.

The use of drones in this criminal manner provides further evidence of the United States’ slippery decline from its erstwhile claimed high moral standards as “Leader of the civilised world”. The US Government had the temerity recently to cast a new medal, “The Distinguished Warfare Medal” ostensibly to reward “the extraordinary achievements” of these remote drone “pilots” far from the battlefield. In reality, the US government is treating this as a high tech computer killing game where the targets are hardly human. In a letter to the New York Times, the respected Archbishop Desmond Tutu challenged the hypocrisy of the US for accepting a killer drone program targeting foreign suspects while demanding judicial review when those targets are American citizens and wrote, “Does the US really want to tell those of us in the rest of the World that our lives are not the same value as yours?”

Given the past abuses by the superpower without independent judicial oversight and that such assassinations would seem contrary to due process provisions of Islamic Sharia law, it is imperative for all Muslim countries to gather in an international forum, prohibit the use of assassination drones by any party in the Muslim World, and raise world opinion against this insidious weapon.

Next to come in a developing Orwellian “big brother” scenario, if not thwarted early by strong and broad-based international pressure, are micro insect-like drones programmed to your cell phone number that could zap behind your ear and complete the last conversation you ever make.

http://videos.designworldonline.com/video/Air-Force-Bugbots

in only One God worthy of worship was also a reason for the rapid spread of his mission. With few means, a man who had been an orphan and who had suffered in countless ways, laid the foundations of a new religious society and civilisation that was soon to make its mark upon a large portion of the world and began a new chapter in human history.

Quotable Quotes

“… A mass of detail in the early sources show that Muhammad was an honest and upright man who had gained the respect and loyalty of others who were like-wise honest and upright men.”

“Muhammad is the most successful of all Prophets and religious personalities.”

-Encyclopedia Britannica, vol. 12

“He was by far the most remarkable man that ever set foot on this earth.”

“He preached a religion, founded a state, built a nation, laid down a moral code, initiated numerous social and political reforms.”

“He established a powerful and dynamic society to practise and represent his teachings and completely revolutionised the worlds of human thought and behaviour for all times to come.”

-Sir George Bernard Shaw in ‘The Genuine Islam,” vol. 1, no. 8, 1936

“The league of nations founded by the Prophet of Islam put the principle of international unity and human brotherhood on such universal foundations as to show a candle to other nations.”

“The fact is that no nation of the world can show a parallel to what Islam has done towards the realization of the idea of the League of Nations.”

-Professor Snouk Hurgronje

5January - February 2013January - February 20134

Recent Publication

Occasional Paper Series 7INTERFAITH ENGAGEMENT AND POSITIVE PEACE: WHAT WORKS AND WHAT IS MISSINGAuthor: Katherine Marshall54 pages | Price: RM 15

Occasional Paper Series 6SCIENCE AND SPIRITUALITY IN THE TWENTY-FIRST CENTURYAuthor: Elisabet Sahtouris68 pages | Price: RM 15

by Daud Abdul-Fattah Batchelor

DEADLY DRONES IN HANDS OF TRIGGER-HAPPY AMERICANS

(contd from page 1)

Quotable Quotes

There are two things that human beings generally find difficult to do. That is forgiving and forgetting. These two elements help the individual who forgives and forgets rather than the receiver. A profound feeling of peace and happiness will descend on the giver. To learn to forget is as important and necessary as to learn to remember.

-Mother A. Mangalam

Lord make me an instrument of your peace,Where there is hatred, let me sow love.....

-St. Francis of Assisi

Rashid Ahmad Gangohi was the second patron of Darul Uloom Deoband. Deoband’s entourage of Fatawa started with him.

The following is the question and the answer:

Question: In the hadith reported by Abu Daud “Surely, Allah will send for this ummah at the advent (ra’s) of every one hundred years a person who will revive its religion for the ummah” (Sunan Abu Daud, hadith no. 4291):

What does ra’s mean? Does it mean end of the century or starting of the century? What are the signs of the reviver by which he can be recognised? Is the reviver for the whole world or for any place where revival is needed? Is Muhammad or Ahmad necessary to be part of his name? Who are the revivers of 1300 A.H. and where were they? Who is the reviver of this century? Please elaborate.

Answer: Ra’s in Arabic means head which denotes that the reviver will be in the starting of a century. Also starting of a century is the end of the previous century. Keeping this in mind, it will be correct if one says that the reviver was at the end of a century. It is preferable to say starting of the century, so the effect of the revival will continue till the end of that century. The sign of the reviver is his efforts and writings by which

deviations (bid’at) are eliminated, Prophet’s teachings are widely spread, and the forgotten Prophetic traditions are revived. Muhammad or Ahmad to be part of his name is not necessary. Scholars assume certain personalities to be a reviver when they see them to be fulfilling the staunch scholarly criteria. Some scholars believe that Umar b. Abd al-Aziz was the reviver of the first century after the Prophet È. For the second century some scholars name Imam Shafi’i as the reviver while some scholars choose other than him. There is no settled opinion in this regard. Jalal al-Din al-Suyuti has written on this topic. Rashid Ahmad Gangohi said that for my humble self the preferable opinion is the one in which scholars opine that it is not necessary to have one reviver for one century, instead one century can have as many as 2 or 4 or 20 or 50 or 100 or so. Each century will have its own group of revivers. Each one of them according to their contribution and level of knowledge will have their share in the process of revival. Almighty Allah knows the best. (Ta’lifat Rashidiyyah, 159-160)

Analysis: Even though the question is simple, it still catches the general misconceptions held by many. Many people basing on the wording of the hadith reported by Abu Daud understand that the mujaddids of a century have to be specifically

by Mohammed Farid Ali

DEFINING THE REVIVER (AL-MUJADDID)ANALYSIS OF RASHID AHMAD GANGOHI’S FATWA

recognised by their special signs. Some believe that the mujaddids are infallible like the Prophets. Mufti Muhammad Taqi Usmani was asked a similar question. In answer he drew guidelines to avoid such misconceptions in relation to mujaddid. These guidelines further elaborate the foresaid answer of Rashid Ahmad Gangohi: 1) Mujaddid is not a formal designation like prophet or messenger; 2) A true mujaddid does not declare himself as such; 3) There is no religious obligation to believe in someone as a mujaddid; 4) There is no revelation to the mujaddid from Allah like a prophet receives; 5) It is not necessary that a mujaddid knows himself to be one of them; and 6) A mujaddid is not infallible like a prophet.

Khalil Ahmad Sahanpuri in a commentary on the hadith in line with his Shaykh Rashid Ahmad Gangohi preferred the idea of numerous mujaddids in one century, each reviving the teachings of Islam according to his forte. He wrote that a scholar of one science is not a reviver of other sciences. For instance not many hadith-scholars achieve revival of fiqh-matters. Furthermore the word “man (who)” in the foresaid hadith does not connote a specific person in Arabic language which keeps the number of mujaddids open. (Badhl al-Majhud, vol. 12, 336-338)

CHALLENGES OF ISLAM IN BANGLADESH

Reports indicate that some of the companions of the Prophet (pbuh) including Sacad ibn Abī Waqqās and Mālik ibn Wuhaib (R.A.), travelled from Ethiopia towards China in the seventh year of Muhammad prophethood, and during their nine years-long journey by sea, they stopped over at the port of Chittagong. Many locals accepted Islam there.

The first political opening (fatḥ) of Islam in Bengal was by the Khiljī dynasty in 1203 AD. This was followed by Muslim immigrants, traders, businessmen, culamā´, as well Îūfī sheikhs. Madrassahs were established, khanqas set up, and mosques and maktabs were built for the propagation of Islamic knowledge.

Following the end of British rule, the Indian subcontinent was divided into Pakistan (East and West) and India. Although East and West Pakistan were established based on the large Muslim demography in the two regions, the division of Bangladesh was very different. Its independence from West Pakistan was mainly because of the denial of its rights. Hence, Islam, or Muslim demography had no major roles in the actual formation of Bangladesh. Rather, a large number of culamā´ and

many Muslim politicians supported a united Pakistan in fear of hegemonic aggression from India! Since then, the Muslim community became slowly divided on the issue of pro and anti independence. Again, Islam fell victim to political currents.

Muslims are currently divided along different lines of ‘pro-Îūfīs’, ‘salafīs,’ ‘political Islamists,’ ‘tablīghīs’ to ‘liberal Muslims.’ The divisions, with their strong influence on their followers, has often created barriers for the development of Islam and Islamic society during recent decades in Bangladesh. Islamic understanding and practice, too, have not developed as much as it was supposed to be throughout the history of independent Bangladesh.

Despite being a Muslim majority country Bangladesh still does not have a ‘grand muftī’ or an authority for religious issues to refer to, nor does it have a sharīcah court for Muslim disputes, which many Muslim minority countries like Kenya have! Bangladesh has yet to organise a central zakāh fund, or an authority to look over the awqāf ! In a very recent amendment to the constitution, the article on ‘absolute trust in Allah’ was abolished, and the 1972 constitution was restored, which is modelled on ‘social communism!’

Through the eight hundred years of history of Muslim Bengal no major scholars of Islam have risen up from this part of the world with original contributions to the Islamic sciences, especially addressing the local Muslims in their mother tongue! Despite the establishment and growth of a large numbers of madrassahs, and birth of many famous teachers and scholars, original scholarship and contributions are rarely found, unlike its neighbours such as Pakistan and India. The teachings and the spirit of Islam seem to have been lost. Besides, the disunity of the culamā´ after the independence of Bangladesh also hindered the development of Islam!

The challenges that Islam currently faces towards its development are manifold. The first is the issue of unity and uniting the culamā´ with one spirit. Second is to sustain the spirit of original scholarship in the local language, such that it can rise to meet the ongoing challenges of modernity and secularisation.

Islam is ingrained into the psyche of Bangladeshi Muslims and the desire to see Islamic scholarship and scholars emerging is quite promising. A fresh focus is necessary from religious and political leaders to guide the people towards the right path for Islam to flourish.

by Tawfique Al-Mubarak(contd from page 1)(contd from page 1)

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Professor Kamali’s books to appear in Arabic translation

The Islamic Text Society (ITS) of Cambridge, UK has published a number of Professor Kamali’s books over the years. As of August 2012, the Beirut-based Arab Network for Research and Publishing has signed an agreement with the ITS to translate eight of Professor Kamali’s books into Arabic. Seven of these are on fundamental rights and liberties in Islam, plus his Principles of Islamic Jurisprudence. This is over 2,500 pages of English text that will be made available in Arabic as a result of this welcome development.

Hikmah

The ink of the scholar is more sacred than the blood of the martyr. -Hadith

It is enough of a sin for a man to relate all of what he hears. -Hadith

Contentment is a wealth which will not deplete. -Hadith

Do not be too hard, lest you be broken; do not be too soft, lest you be squeezed. -Ali b. Abi Talib

Everyone has been made for some particular work, and the desire for that work has been put in every heart. -Rumi

RESEARCH, PUBLICATION AND CONFERENCE PRESENTATION

Professor Mohammad Hashim Kamali published two articles, one on “Islam prohibits all forms of corruption”, and another on “Remembering Prophet’s greatness in simplicity” in the New Straits Times on 19 and 24 January 2013, respectively. He continued with various presentations as speaker or discussant at conferences and forums within Kuala Lumpur and outside IAIS Malaysia. He is currently finalising an IAIS Policy Issue Paper on ‘Family Empowerment’ and working on an enhancement and revision of his two written works, “The Middle Path of Moderation in Islam” and “Maqasid al-Shariah”, for international publication. He is also editing two books that IAIS is publishing jointly with Kube Publishing of UK, one on Sukuk, the other on Islamic Transactions.

Dr Karim Douglas Crow continues to pursue his research into Faith and Rationality in relation to modernity, as well as into the ethical and spiritual consequences of material consumption by middle class Muslims; and continues as Managing Editor of Islam and Civilisational Renewal.  His book: The Hashwīyah: Radical Muslim Traditionalism is due to be published by the Islamic Book Trust (Kuala Lumpur).

Dr Daud Batchelor acted as Moderator at the Sa’id Nursi International Conference on the Role of Science & Art in (Islamic) Civilisational Renewal, held at IAIS on 4th December 2012. As New Straits Times columnist, Dr Daud had his article “Wealth is Not an End in Itself” published on 1st January 2013. Daud’s article titled, “A Proposed New Islamic Rating Index of Well-being for Muslim Countries” is planned for publication in Islam and Civilisational Renewal, Volume 4 Number 2 (April 2013). Dr Daud was a speaker at the IAIS Research Fellow Seminar on 13 February.

Michael K. Scott was engaged with reading, editing, and revising of material submitted to ICR as well as researching possible submission topics and contributors. This includes preparing and checking all ICR contributions and participation in all ICR editorial planning meetings; drafting letters and advertisements to promote subscriptions to the journal. In addition he is translating a booklet on Islamic Finance for the Islamic Development Bank, from the original Arabic to English.

Abdul Karim Abdullah @ Leslie Terebessy is currently working on a paper for the ICR, entitled “Risk transfer, risk sharing, and risk management.” He is also preparing additional short pieces for the Website on Islamic Finance. In addition, he is preparing an IAIS Occassional Paper on “Profit and loss sharing: the flagship of Islamic finance.”

Dr Mohammed Farid Ali completed the indexing of Qur’anic verses and hadith for Prof Kamali’s upcoming new edition of Wasatiyyah. He submitted his paper “Contentment as a dimension of human character: Special reference to Bediuzzaman Sa’id Nursi’s Risale-i-Nur” for the conference proceedings. He continues working with Prof Kamali on a book on Maqasid al-Shari’ah in Financial Transactions and Contracts.

Tawfique al-Mubarak submitted a chapter on the ‘Parameters for the Use of Hiyal in Contemporary Islamic Financial Contacts’ for the book Islamic Transactions and Finance: Principles and Developments being edited by Prof Kamali and Sheila Ainon. He also joined the team with Prof Kamali and Dr Farid Ali for the book on Shariah Objectives (Maqasid al-Shariah) in Financial Transactions and Contracts. At the same time, he is working on a paper on surrogacy in Islamic law, expecting to contribute to the upcoming ICR, and another manuscript on “An Alternative Approach for Poverty Alleviation (AAPA) Model” for The Durham Conference on Poverty Alleviation and Islamic Economics & Finance.

Sheila Ainon Yussof published an article on prospects of a common internal shariah audit framework for Islamic financial institutions in Malaysia in ICR in January 2013; chaired the Research Fellow Seminar in January 2013; is currently preparing Policy Issue Paper No. 2 on the Family institution; and also working on the IAIS book on ‘Islamic Transactions & Finance: Principles & Developments’. She contributed an article on art and culture.

Tengku Ahmad Hazri continues his research on constitutionalism in Islam, focusing on post-Westphalian strands unleashed by globalisation, international human rights norms, and the diffusion of centres of power (both domestically and globally); and the impact these have on the rule of law in the Muslim world. He is also helping Prof Kamali with his book on the maqasid al-shari’ah and has been editing a Malay translation of Prof Kamali’s monograph, Moderation and Balance in Islam: the Qur’anic Principle of Wasatiyyah. He is also engaged in policy research on education and family-related issues and contributes to the ICR, Bulletin and IAIS website.

POLICY RECOMMENDATIONS (ICR VOLUME 4 NUMBER 1)

Anthony H. Johns – Al-Ghazali and the Foundations of an Islamic Humanism • Creative development which avoids innovation can be made possible by carefully distinguishing between legal provision

and attendant circumstances.• Ghazali maintains the sanctity and authority of the Law, but frees Muslims from imposition of unnecessary legal

constraints. Awareness of this freedom should be strengthened and heeded.• Ghazali demonstrates the space in Islam for a Humanist tradition, one which values all secular human activities within

the Law and sees in them the potential for advancing spiritual life. This forms an essential basis for reviving Islam’s reason for being.

Megawati Moris – Making Knowledge Useful: Applying al-Ghazali’s Teachings in the Malay World• Universities in the region and in Malaysia in particular, must cooperate to “de-Westernise” and move to redefine higher

education and the knowledge they provide by forming their own worldviews and developing indigenous knowledge.• Knowledge and research by the higher learning institutions must benefit people and address local issues.• An environment of empowerment should be created where youths and students are encouraged to debate, speak freely

and be recognised.

Sean Foley – Saudi Arabia, the Soviet Union, and Modern Islam • Exchanges between the Kingdom, Russia, and Muslim majority regimes of Central Asia should be reviewed in light of

changing regional realities.• Research, cultural and religious reciprocity, and historical and sociological collaboration should be promoted between

Russia and the Kingdom, in order to promote the best interests of both nations in the context of the Muslim peoples in Russia.

• Mutual academic and policy institutions might be established as a mark of recognising these strategic shifts and preparing for future contingencies: Russian and Central Asian studies in the Kingdom, and Saudi and Gulf studies in Russia.

Abdul Karim Abdullah – The Pitfalls of Riba or Interest-Based Financing • Awareness needs to be created that interest-based financing adversely impacts every sector by causing a range of

inefficiencies in the economy.• Awareness also needs to be created about the destabilising effects of interest-based financing, in particular, the link between

this mode of financing and cyclical instability. This is a compelling reason for abandoning interest-based financing in favour of profit and loss sharing.

• The dangers of going into debt need to be widely publicised while its alternatives explored.• The discourse of finance needs to be revisited to ensure that the terminology used reflects the economy of the real sector

and that key drivers (incentives) of economic activity are properly understood.• Interest-based financing needs to be phased out and replaced with financing on the basis of profit and loss sharing.

Sheila Ainon Yussof – Prospects of a Shariah Audit Framework for Islamic Financial Institutions in Malaysia• As the Shariah audit is still uncharted territory, it is recommended that the Central Bank of Malaysia undertakes this task

by providing the benchmarks and standards required for an efficient and effective Internal Shariah Audit Framework. • Islamic financial institutions (IFIs) in Malaysia should establish a Shariah-specific Audit Charter that will reflect the

Shariah “mission” in their organisation’s vision of the scope, purpose, authority, accountability and responsibility for the internal Shariah auditing department.

• A comprehensive Talent Development Programme needs to be designed for internal Shariah auditors, Shariah reviewers and Shariah advisors for skill training. This will widen the pool of expertise and prevent poaching of internal auditors within the industry.

• A Professional Practice Code for Shariah Auditors should be developed to govern the profession of auditing (covering internal and external auditors) and ensuring uniformity in audit practice.

• On Audit Reports, IFIs in Malaysia may consider reporting the Shariah audit findings as a separate statement in their annual report to promote greater transparency in Shariah compliance.

Fahm AbdulGafar Olawale – Islamic Ethics and Stem Cell Research • Islamic ethical guidelines should be formulated to assist Muslim scientists in applying Islamic ethical principles to various

medical problems, especially as they affect the dignity and totality of the human person.• The Islamic ethical principle of moderation (wasatiyyah) should be applied to all stem cell applications. The current

debate on stem cell research wavers between extreme positions: the embryo is either a person or a property. The way forward sees the embryo rather as a developing form of human life though not a complete person, thus worthy of a high degree of respect.

• A well formulated biomedical ethical theory that is also informed by Islamic ethical principles is needed to advance stem cell research. It will guide physicians and researchers alike in striking a balance as well as a morally acceptable foundation in difficult medical cases.

• Stem cell therapy as a new medical treatment should be allowed because the benefits for people suffering from various ailments are greater than the harm.

9January - February 2013January - February 20138

Life along Jalan Universiti resumed its normal busy pace after the Chinese New Year when over one hundred guests found their way to the IAIS-Malaysia Conference Hall to attend the Third Abdullah Yusuf Ali Memorial Lecture Series. IAIS-Malaysia’s regular collaborating partner in publishing, the Islamic Book Trust (IBT), honored the revered scholar best known for his 1934 English translation of and commentary on the Qur’an, now a standard reference in mosques and homes throughout the English-speaking Muslim world.

This year’s event occasioned IBT’s launch of its Malaysian edition of Abrogation in the Qur’an and Islamic Law: A Critical Study of the Concept of Naskh and its Impact – a work by Dr Louay Fatoohi, British scientist and Islamic studies scholar of Iraqi origin (http://www.louayfatoohi.com/). Dr Fatoohi drew upon his latest research for this book to address the topic of naskh, or abrogation, in a fascinating and provocative lecture entitled “Is the Mus-haf a complete record of the Qur’an? The controversy of abrogation”.

Dr Fatoohi clarified from the outset of his remarks that while many Muslims use the terms “Qur’an” and “mus-haf” interchangeably, in fact the term “Qur’an” stands for the verses that God revealed to Prophet Muhammad over 22 years, and the “mus-haf” is the written record these revelations as they were compiled and written down. While a number of Hadith narratives suggest that the mus-haf does not contain all of the Qur’anic verses, and that some verses and even complete chapters (surahs) of the Qur’an had been “withdrawn” by God during the life of the Prophet, Dr Fatoohi concluded that the abrogation narratives were not authentic. For more information and to obtain a copy of Dr Fathoohi’s book, please see: http://www.ibtbooks.com/lecture/programme.php .

Event Reports by Michael K. Scott

Third Annual Abdullah Yusuf Ali Memorial Lecture Packs the IAIS-Malaysia Conference Hall

On 5 February 2013, IAIS Malaysia received a courtesy visit by Professor Mumtaz Ahmad, Executive Director of the Iqbal International Institute for Research and Dialogue (IRD), Islamabad, Pakistan and former Vice Chancellor (Academic) of the International Islamic University of Islamabad (IIUI). During the meeting Prof. Mumtaz and IAIS researchers exchanged views about the present state of the Muslim world. Prof. Mumtaz recently edited a book critically examining the state of Islamic Studies in the United States entitled Observing the Observer: The State of Islamic Studies in American Universities (Virginia: International Institute of Islamic Thought (IIIT), 2012). Yet such an endeavour he argued, is even more urgent in the Muslim world itself, for the very criticisms raised in the book with regards to Islamic Studies in the US are equally applicable to the Muslim world. He also discussed prospects for further collaboration with IAIS and requested a contribution from Professor Kamali towards the IRD Series in Contemporary Islamic Thought, which thus far includes contributions by Chandra Muzaffar, Khalid Masud, Ali Mazrui, Tariq Ramadan and Seyyed Hossein Nasr.

by Tengku Ahmad Hazri

Visit by Professor Mumtaz Ahmad

MAK YONG REVISITED: ISLAMISATION OF ANCIENT CULTURE

“Mak Yong” an ancient dance-theatre which originated from the Pattani Kingdom (now in Thailand) is a comprehensive theatre performance combining dance, opera, drama and comedy. Due to its animist and Hindu-Buddhist roots it was banned by the Pan-Malaysia Islamic Party in 1991. It was however registered as a Masterpiece of the Oral and Intangible Heritage of Humanity by UNESCO in 2005.

In the old days, mak yong was performed right after the village people got the last crop before the rains (panen). The mak yong dance combines elements of rituals, as well as stylised acting and dancing, vocal and instrumental music, songs, stories and colloquialisms without using texts. Mak yong performances revolve around 12 Malay legendary stories. They formally would begin their performance by paying respect to the spirits (semah kumpung) with an offering. This was followed by dancing, acting and improvised dialogues. Stories were presented in a series of three hour performances over several nights. The mak yong orchestra is small with the main instruments played being the three-stringed spiked lute, drum (gendang) and a pair of gongs. It may also include the flute (serunai), keduk drums and small cymbals (kesi).

The Kelantan government has recently been urged to review its

prohibition on mak yong. A mak yong activist asserts that there was no longer any element of worship in the dance-drama:

“We now start the dance with doa selamat and take out any elements of worship used in the past. We require both males and females to take part in the dance to act out all the characters. The musicians are all men.”

She pointed out those performances such as menora, wayang kulit, and muay thai were allowed albeit with some modifications.

So what is this fascination with mak yong? Should it be banned totally or should the traditional form of dance drama be allowed to flourish in its pure form but Islamised due to its cultural significance and heritage of Malaysia? The public responded as follows:

To ban the artform would mean a loss to Kelantanese cultural identity and traditional heritage. If the decision to ban the artform was due to the Mak Yong’s storyline, they could suggest the performers to come up with a religious storyline instead, such as the story of ‘Isra Mi’raj’, the night Muhammad PBUH ascended to heaven on Buraq.

If the decision to ban Mak Yong for the purpose of guarding the ‘aqidah’ of its people against influence from ‘un-Islamic animistic’ elements, historically despite such restriction on the artform, Islam managed to flourish. It was the beauty of the religion itself, which had appealed to the Malays at that time.

If mak yong is banned in the state for revealing the aurat which leaves the head and arms uncovered, then there are ways to modify the dressing and not resort to a total ban on the artform.

This has moved the Kelantan Mentri Besar Datuk Nik Abdul Aziz Nik Mat to make an announcement that the state government might consider lifting the ban on mak yong, provided that the performance does not disregard Islamic values anymore.

Today there are less than ten veteran mak yong performers. Although attempts are made to revive the art form, the younger generation of enthusiasts are not willing to undergo the rigorous apprenticeship. The art appears to be on a decline. But there is hope yet for mak yong as the Department of National Heritage has taken positive steps towards the preservation of the Mak Yong Theatre to prevent this ancient culture from becoming extinct.

by Sheila Ainon Yussof

11January - February 2013January - February 201310

by Tengku Ahmad Hazri

On 13 February 2013, IAIS Malaysia organised a Research Fellow Seminar (RFS) featuring two speakers, Dr Daud AbdulFattah Batchelor, Associate Fellow at IAIS Malaysia, and Mr John Hartley, a sociologist and PhD candidate at Yale University, USA.

Daud Batchelor, in his presentation, Developing a Political Framework favorable for Peace in Post-Pullout Afghanistan argued that the prerequisites for a politically stable Afghanistan are functioning state institutions (necessitating review of the role and powers of the President, National Assembly and judiciary), resolution of legally and constitutionally divisive issues, and generous sustained foreign assistance. With the planned withdrawal of NATO troops by the end of 2014, the Afghans are left with questions of security and sovereignty, particularly in negotiating with the Taliban. Free and fair elections need to be held in 2014 (mindful especially that Hamid Karzai may exercise considerable influence) despite Taliban’s opposition. The grievances of the Taliban may halt any prospect towards negotiation (partly because they are not represented and lack either a strong political wing or coherent leadership) but this in the end may backfire on the Taliban as it may lose its Pashtun support-base. Batchelor then recommended that the Taliban form a political party to effectively present its policies.

John Hartley, presenting on The Concept of Religious Exclusivism: Religious Exclusivists taking Inclusive Action? gave a sociological account of a key religious question, “who attains to salvation?” (or its variant, “do members of other religions get saved?”), and the impact the answer has on the believer’s relationship with ‘the Other’ i.e. believers of other religions or non-believers, as well as on the sense of loyalty to non-religious organisations which the believer may belong to. But scholarly discourses turn out to be diverse: an ‘exclusivist’ belief may nonetheless result in extremely ‘inclusivist’ action, for instance, which thus means conventional binaries (e.g. traditional vs. modern) should be methodologically avoided.

Both of these are research projects and as is the usual practice of Research Fellow Seminar, the researchers introduced their on-going research for further discussion. Various aspects of both proposals were discussed by those present.

Research Fellow Seminar, 13 February 2013

EVENTS AT IAIS MALAYSIADATE EVENTS

5th February Visit and dialogue with Professor Mumtaz Ahmad13th February Research Fellow Seminar16th February Third Abdullah Yusuf Ali Memorial Lecture, by Dr Louay Fatoohi, organised by Islamic

Book Trust

Professor Mumtaz Ahmad shared his views about the present state of the Muslim

world

Dr Daud Batchelor delivered a presentation on Developing a Political Framework favorable for Peace in Post-

Pullout Afghanistan

Mr John Hartley presented onThe Concept of Religious

Exclusivism: Religious Exclusivists taking Inclusive Action?

January - February 201312

Tengku Ahmad Hazri Michael K Scott Sheila Ainon Yussof

Dr Louay Fatoohi gave his lecture ‘Is the Mushaf a

complete record of the Qur’an? The Controversy of Abrogation

Question and Answer session at the Abdullah Yusuf Ali

Memorial Lecture

Dr Louay Fatoohi

Introductory remarks by Hishamudin Ubaidulla

Dr Ahmad Farouk Musa of Islamic Renaissance Front

Participants at the Abdullah Yusuf Ali Memorial Lecture