IAIS BULLETIN ON ISLAM AND CONTEMPORARY ISSUES

No. 46 Sept-Oct 2018 KDN no. PP 17302/02/2013 (032210) ISSN 2231-7627 FREE

Th e Many Challenges Facing the Jurisprudence of Maqasid (part 1) by Ahmad Badri Abdullah In recent decades, due to diff erent factors, awareness on the critical importance of maqasid al-shari’ah as the foundation for the Islamic legal system has been on the rise. As there has been a renewed interest among academics, scholars and government authorities on maqasid, it is important to identify some pressing challenges facing the subject in order to secure its credibility and functionality in current realities. Failing to do so is likely to result in the marginalisation of maqasid, as in due course these challenges will become a stumbling block for the realisation of its full potentials. Th e existing challenges could, for purposes of implementation of the maqasid, be categorised into two types: theoretical challenges and practical challenges. Th is article only deals with the former while the latter will be discussed in the next publication of the Bulletin. (contd. p. 3)

Islamic Finance and Financial Inclusion by Mohammad Mahbubi Ali Financial inclusion or access to fi nance at an aff ordable cost has, since the early 2000s, been the focus of a renewed concern for many governments and central banks. Th e World Bank’s 2017 Global Findex Database discovered that about 1.7 billion people worldwide remain unbanked — without an account at a fi nancial institution or through a mobile money provider. Th e United Nations Development Programme’s (UNDP) Sustainable Development Goals (SDGs), therefore, makes it one of its goals to improve fi nancial access into its main development agenda. A plethora of academic evidence confi rms that fi nancial inclusion can support the achievement of broader sustainable development goals. (contd. p. 4)

Th e European Far Right: A Continuity of Prejudice by Alexander Wain

Th e wave of populism currently engulfi ng Europe has seen an exponential rise in the fortunes of the continent’s far- right. In recent years the neo-fascist Marine le Pen has reached the fi nal round of the French presidential elections, Holland’s rabidly Islamophobic Party of Freedom has become the second largest party in the Dutch parliament, the autocratic and anti-Muslim Viktor Orban continues to govern Hungary, and the British people have voted to turn their backs on European integration in favour of an isolationist nationalism hostile to outsiders. Even in Sweden, the traditional bastion of stable democratic rule, the far-right Sweden Democrats have become the third largest party in the Riksdag, denying either of the country’s two major parties a majority for the fi rst time. (contd. p. 7)

In This Issue Connect With Us

• Articles • Hikmah • Photos • Join our mailing list • Humour without Malice • Quotable Quote • Facebook 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 46th issue of the IAIS Bulletin, for September and October 2018. In the focus article, IAIS Research Fellow Ahmad Badri Abdullah explores the various obstacles that hold back the academic discipline of Maqasid al-Shariah from unlocking its full potential. Second, IAIS Research Fellow Mahbubi Ali writes on fi nancial inclusion in the context of Islamic fi nance and off ers insights on how Financial Technology (FinTech) is a potential platform to achieve such inclusion. Next, IAIS Research Fellow Apnizan Abdullah delves into the legal intricacies surrounding an ongoing Federal Court case which questions the constitutional position of the Shariah Advisory Council (SAC) vis-à-vis the courts. Fourth, Professor Mohammad IAIS Research Fellow Shahino Mah Abdullah writes on the possibility of conferring rights to intelligent Hashim Kamali robots in light of current technological advancements. Fifth, IAIS Research Fellow Alexander Wain dissects the Islamophobic narratives propagated by the far-right movements in Europe and suggests that unity and better representations of Muslims as remedies. And lastly, IAIS Visiting Fellow Daud Abdul-Fattah Batchelor writes a short biographical piece on Mahomet Allum, a 20th-century Australian-based herbalist and benefactor. We have fi ve event reports. Th e fi rst is by IAIS Research Fellow Alexander Wain on an international conference and workshop held in Manila which focuses on de-redicalisation and countering violent extremism. Second, IAIS Analyst Wan Naim reports on Deputy CEO Mohamed Azam’s Book Launch and Dissection event. Th ird, IAIS Research Fellow Mahbubi Ali reports on the convention of International Shariah Scholars Forum 2018. Fourth, IAIS Research Fellow Ahmad Badri reports on a special closed Roundtable Discussion held at IAIS which was chaired by the Minister of Religious Aff airs. Lastly, IAIS Research Fellow Shahino Mah reports on the International Greentech & Eco Product Exhibition & Conference Malaysia (IGEM) 2018. We present our Bulletin with a selection of Humour without Malice, Quotable Quotes, and Hikmah. I would like to thank all our contributors and my colleagues who helped with the production of this Bulletin.

Mohammad Hashim Kamali ANNOUNCEMENTS Chief Editor

• Free online access for all issues of the ICR. In keeping with our policy of implementing open access, we are pleased to announce that all issues of the ICR are now available on our Website for free. • Our bulletin is also available online on our website; www.iais.org.my

Bulletin Editorial Team

Mohammad Hashim Kamali, Mohamed Azam Mohamed Adil, Wan Naim Wan Mansor, Tengku Ahmad Hazri, Norliza Saleh

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

Printed by: Vinlin Press Sdn Bhd, No. 2, Jalan Meranti Permai 1, Meranti Permai Industrial Park, Batu 15, Jalan Puchong, Darul Ehsan | Tel: 03 - 8061 5533 | Fax: 03 - 8062 5533

2 September - October 2018 September - October 2018 3 FOCUS Th e Many Challenges Facing the Jurisprudence of Maqasid (part 1) By Ahmad Badri Abdullah has the potential also to become a platform for knowledge interaction and integration. However, until the maqasid cont’d from page 1 manages to develop its own methodology for learning and research, performing such a role would hardly be possible. One of the challenges facing the current maqasid discourse Th erefore, developing this concrete methodological is to become the balancing apparatus between the framework is of the highest priority of the fundamental universal Islamic tenets and its particulars. Such a balance maqasid research. has become a missing dimension of Islamic ethico-legal traditions due mainly to the impact of Western-based In connection to this, the bigger framework of current modernisation in Muslim societies. On the one hand, civilisational renewal needs to become the backdrop of the fateful loss of universal Islamic teachings, such as the the maqasid discourse in the sense that the traditional historical marginalisation of maqasid from traditional conception of necessities (daruriyyat) in maqasid need to be Islamic jurisprudence (fi qh and usul al-fi qh), has deprived reconceptualised and incorporate some additional elements the shariah of its potential from becoming a transcendental in the context of the twenty-fi rst-century challenges. ethical-legal system which is able to serve humanity beyond Arguably, the proposed methodological edifi ce for time and space. On the other hand, the approach of merely maqasid could also be developed through its own logical highlighting the universals while disregarding of their framework which is, in fact, a systems-based approach. Firstly, relevant core and immutable particulars in the shariah is the maqasid promotes goal-oriented reasoning and purpose- likewise detrimental as it nullifi es the basic identity of such based analysis as its central methodology, a neglected aspect a legal system. Striking a balance between both domains of modern natural and social sciences. Secondly, maqasid of the universal and the particulars in facing issues in the advances multidimensional analysis with the intellectual modern context is one of the major challenges for the scope and ability to identify complementary relations in maqasid discourse in order to uphold its own commitment opposing tendencies. It designates as well a non-zero sum as mentioned by ‘Allal al-Fasi: game whereby a loss for one side does not necessarily mean In shariah, rulings are based on the maqasid, while a gain for the other but both of the opposing tendencies the maqasid are in turn based on rulings might increase or decrease simultaneously. Th irdly,maqasid presupposes the notion of the interrelation of things in Failing to achieve such an equilibrium would lead the form of non-linear feedback-loop, an approach that is the maqasid to lose its appeal among Muslims as it will imperative in addressing complexities in the current socio- be perceived to be unable to institute meaningful and economic-political realities. Finally, maqasid al-shari’ah as a signifi cant reform. discourse highlights that forecasting the future eff ects of an Another challenge to the maqasid is how it should be action or intervention (i.e. ma’alat al-af‘al) is important in functioning as a connector for various type of disciplines, the process of reasoning or planning. be it the religious-based or the scientifi c-technological In summing up, with the emergence of the new knowledge. Th is is important in order to pursue the disruptive age that alters the ways in which people conduct vision of unifi ed sciences equipped with necessary tools their life, scholars and researchers need to identify issues to face multidimensional and complex socio-economic and problems which pose fundamental challenges to the realities. As the current societal and economic problems maqasid. Resolving these problems is necessary in order for are becoming more complex than ever due to rapid maqasid to become functioning and stay relevant. technological advancement and high connectivity among people (and even devices and values due to the Internet of Before proceeding to the second segment of this Th ings (IoT) and blockchain technologies), solving them prosecution. It may be said that interested readers will by resorting to any single discipline is no longer feasible. fi nd relevant information in Mohammad Hashim Kamali’s Against this backdrop, maqasid al-shari’ah as a dynamic recent article, ‘Actualisation (Taf’il) of the Higher Purposes aspect of shariah and a multidisciplinary subject in its own (Maqasid) of Shariah,’ Islam and Civilisational Renewal vol. right can be a tool for the renewal (tajdid) of Islam but also 8 No: 3 (July 2017): 295-321.

2 September - October 2018 3 Islamic Finance and Financial Inclusion

By Mohammad Mahbubi Ali cont’d from page 1 Islamic fi nance witnessed exponential growth over the last Furthermore, social fi nance, mandated or otherwise, two decades, emerging as one of the fastest growing fi nancial is an integral part of Islamic fi nancial system to off er an sectors. According to the 2018 Global Islamic Finance equal opportunity for fi nancial access to the low-income Report (GIFR), the estimated fi gure of the global Islamic segments, i.e. underserved and poor, “so that it may not fi nancial industry in 2017 was US$2.431 trillion, standing (merely) make a circuit between the wealthy among you.” at 6.02% growth, and it is expected to surpass US$4 trillion (QS 59:7). Islamic social fi nance instruments help improve by 2020. fi nancial access for them via various initiatives and strategies, As a business entity established within the ambit of Shariah such as microfi nance empowerment, poverty alleviation principles, values and objectives, Islamic fi nance aims to programmes, as well as educational and entrepreneurship promote economic well-being; help toward creating socio- development programmes. economic justice; and serve as a catalyst for development, Financial technology (FinTech) is a perfect bridge to in line with the spirit of the United Nations’ sustainable reinforce the role of Islamic fi nance for fi nancial inclusion. development agenda. Th e International Monetary Funds Th e use of digital fi nance, such as crowdfunding platforms (IMF) in its press release on May 9, 2018 also acknowledged and blockchain, can lower transactional cost and minimise that “the growth of Islamic fi nance presents important asymmetric information. Kapital Boost is an example opportunities to strengthen fi nancial inclusion, deepen of Islamic P2P crowdfunding platform off ering shariah fi nancial markets, mobilise funding for development by compliance funding avenue for new and SMEs. Digital off ering new modes of fi nance and attracting “unbanked” fi nance can also help improve fi nancial access to unbanked populations that have not participated in the fi nancial individuals. According to the World Bank estimate, system.” there are approximately 240 million to 334 million Islamic fi nance can contribute to the fi nancial inclusion people in developing economies that could participate in agenda through two mechanisms, namely profi t and loss crowdfunding. sharing (PLS) or risk sharing instruments, like musharakah Financial technology is also a powerful tool to widen and mudharabah, as an alternative to conventional debt- the outreach of Islamic social fi nance instruments to their based fi nancing and risk transfer; and Islamic social fi nance benefi ciaries. Bank Negara Malaysia Assistant Governor, instruments, such as zakat, wakaf, sadaqah, and qard hasan, Ahmad Hizzad Baharuddin, at the ASAS (Association which complement PLS instruments. of Shariah Advisors) Shari’ah FinTech Forum 2017 Th e PLS promotes fi nancial inclusion agenda because affi rmed that FinTech promises to revolutionise fi nance the concept can off er access to fi nance at an aff ordable and and bring broader benefi t to fi nancial institutions and fair rate: the imposition of cost and the distribution of profi t the public at large. He added, “Digitisation of collection are based on the actual performance of the business. As a and disbursement of proceeds can re-energise these social result, the optimal application of PLS creates an equitable fi nancing instruments. It will not only provide greater distribution of income and wealth among partners or convenience to customers but also strengthen public trust between wealth owner and entrepreneurs. Risk transfer and confi dence in the system.” underlying the conventional fi nancial system, on the other In a nutshell, Islamic fi nance assumes more signifi cant hand, implies asymmetric exposures to economic risk, and roles and responsibilities to promote fi nancial inclusion does not, therefore, promote economic justice and fi nancial goals. FinTech may serve as the best supporting device to inclusion. Th is is because risk transfer only produces a achieve Islamic fi nance intended role. continuous transfer of wealth from entrepreneur to wealth owner irrespective of economic downturns and business performance.

4 September - October 2018 September - October 2018 5 Constitutionality of Section 56 & 57 of the Central Bank of Malaysia Act 2009: A Case Study of KFH vs JRI Resources Sdn Bhd & Anor By Apnizan Abdullah

On 28 August 2018, Federal Court of Malaysia marked a representing the fi nancier by asserting that the SAC’s role historic moment at the Palace of Justice when for the fi rst in any reference made by the court to it is to ascertain the time, a nine-member of its bench presided to determine Shariah status of the issue in dispute not the entire case the constitutional position of the Shariah Advisory adjudicated by the presiding judge(s). Th e Federal court Council (SAC)’s ruling in relation to Islamic commercial reserved its judgment for this issue to another date. transactions and disputes. SAC is a body set up by Bank Th is issue was not new. It was previously raised and Negara Malaysia (BNM) to resolve Shariah issues arisen argued in court in Mohd Alias Ibrahim v RHB Bank Berhad in any Islamic fi nancial operation. In this current case, the & Anor [2011] 4 CLJ 654 (High Court) and TanSri Abdul Federal court judges sat to hear the matter between Kuwait Khalid Ibrahim v Bank Islam Malaysia Bhd [2013] 4 CLJ Finance House (M) Berhad (KFH) and JRI Resources Sdn 794 (Court of Appeal). In both cases, the customers argued Bhd (JRI) and its guarantors. that the provisions in Section 56 and 57 of CMBA 2009 Th e appeal was about an Islamic fi nancing facility (Ijarah) purport to an act of taking away the independence of the granted by KFH to JRI Resources that was guaranteed by judiciary. It is a well-noted fact that under the doctrine of four guarantors. KFH, the fi nancier terminated the Ijarah separation of powers as provided in chapter 3 to 5 (Article facility after JRI Resources failed to repay the amount 39-68) of the Federal Constitution, the government organs, due to it. By virtue of the guarantees provided by the namely; executive, legislative and judiciary are seen to act facility’s guarantors, the fi nancier sued the company and its independently. Each of them must work within the scope guarantors for the amount due and succeeded in its action of its power without encroaching or interfering others’ by way of summary judgment. Being dissatisfi ed with the mandates. Th us, SAC could be argued to be under the judgment, JRI appealed to the Court of Appeal to strike out purview of the executive while court is under judiciary. the judgment and prayed for a full-blown trial since they When subjecting the judge to the ruling made by the argued that there were triable issues that merited a full trial. SAC in any Islamic fi nancial dispute, this indicates that One of the issues raised in the appeal to the Federal court judiciary’s independence is taken away by an executive was about the constitutionality of Section 56 and 57 of the entity. Since Section 56 and 57 of the CMBA 2009 contain Central Bank of Malaysia Act (CBMA) 2009. Essentially, these provisions, both sections were called to be ruled out both sections require the Islamic fi nancial institutions, as unconstitutional by the customers. However, in both courts and arbitrators to make reference to the SAC when cases, the courts confi rmed the constitutionality status of there is any Shariah issues in their operation or disputes the provisions by affi rming the role of the SAC’s ruling as before the court or arbitration proceeding. Th e ruling issued ascertainment of Islamic law when Shariah issues arise in an by the SAC after the reference is made binding the parties Islamic fi nancial transaction or dispute, not amounting to who made such reference. Th e legal counsel representing the determination of the Islamic fi nancial dispute brought the company, Datuk Malik Imtiaz Sarwar, argued that before the court. SAC had been given a role in legal proceedings relating to Th is issue does involve determination. Th e expected Islamic fi nancial business that goes beyond the function of decision by the Federal court will either maintain the current ascertaining Islamic Law on any question of Shariah that status of the aff ected legal provisions or change the landscape arises in a dispute before a High Court. Th is is because its of the Islamic fi nancial system in the country. Should the ruling is made binding upon the court as it appeared in Federal court, as the epic court, adopt and uphold the second Section 56 and 57 of the CBMA 2009. Th is act is argued option, the SAC rulings would no longer be binding on the as an act of usurping the independence of the judicial courts. Th e existing procedure in calling expert witnesses to function and power as accorded by the Federal Constitution ascertain certain issues might be upheld by the court similar of Malaysia. Th is argument was rebutted by the counsel to other cases usually brought and adjudicated in court.

4 September - October 2018 5 Intelligent Robot and Legal Rights Issues: An Islamic Perspective

By Shahino Mah Abdullah

Generally, the intelligent robot is regarded as an object recovery or return process takes some time, then additional under human possession and responsibility. To safeguard compensations must be included to cover the loss of benefi ts a property means to protect it from damage, harm, during this period. theft, exploitation, or injustice. Th is means any property, Th e criterion of bearing rights and duties in Islamic law, including robots, owned by humans is protected by property or legal capacity (ahliyyah), must be fulfi lled and should laws. Th e suggestion to create ‘robot rights’ in this case is only be possessed by persons who can understand the favourable as it will give a chance for robots to stay safe meaning of responsibility. A question then arises as to the and protected in many ways. At the same time, it will also time when ahliyyah is vested in a human being, to which safeguard human property (hifz al-mal) from the actions of the Muslim jurists have responded that the starting point irresponsible persons or groups. of ahliyyah is as of the time when a foetus possesses life. On the other hand, the person or group in charge of the Yet an unborn foetus has only a receptive legal capacity robot is obliged to bear responsibility in case of violation. (ahliyyah al-wujub) in that he or she can receive a right but Th e second caliph, Umar al-Khattab, during his reign had cannot bear an obligation. An unborn foetus, for example, shown, through his judgements, various important aspects can receive inheritance. It thus appears that life itself is the of owner accountability. Th ere was a case where a slave stole criterion of ahliyyah. When this test is applied to robots, it food but was not punished. Instead, the caliph took his would appear that robots would not possess ahliyyah. But master to task for his failure to provide enough subsistence since robots can act and bring benefi t or loss, like animals, to satisfy the needs of his slave. Consequently, his master it is appropriate robots also have legal rights similar to had to pay double the amount stolen as a punishment. Th is animals. Liability for loss is therefore ascribed to the owner case study showed that the owner is accountable for what or manufacturer of the robot. But this may still be subjected they own. to further development in technology – hence a tentative Another lesson can be drawn from a historical event opinion. mentioned in the Qur’an. Th is event is related to the ruling Th e issues of legal rights involving both human and on the destruction of property during the time of Prophet robot are not limited to the examples mentioned above. Daud and Prophet Sulaiman. In this story, sheep owned by We need more suggestions and appropriate approaches that certain individuals had destroyed crops belonged to another favour both human and intelligent robot to have suitable group of people. Prophet Sulaiman ruled that the owner of legal rights that could harmonise their interaction. Th e the sheep is obliged to pay compensation in kind until the Islamic concepts of ownership, accountability, protection fi eld is restored to its former state (Q. al-Anbiya 21:28). At of life and protection of property may provide important the same time, he also took into account the loss of benefi ts indicators to guide future research to develop a suitable legal while waiting for the fi eld to be restored. rights framework for robots. However, the construction of A similar approach might be applied to robots in case of this framework should not be limited to these concepts violation. In order to protect human life and property from but remain open to other benefi cial concepts that could the loss caused by a robot, the owner of the robot must take further strengthen it. More research may be needed as the full responsibility to pay compensation if applicable. If the technological advancement is rapidly evolving.

Quotable Quote

A ship is always safe at shore but that is not what its built for. – Albert Einstein

Most folks are as happy as they make up their minds to be – Abraham Lincoln

6 September - October 2018 September - October 2018 7 Th e European Far Right: A Continuity of Prejudice

By Alexander Wain

cont’d from page 1 Such developments have invited comparisons to the rise seeking the expulsion of Muslims from Europe and Nazis of fascism over the 1930s. As during that earlier period, demanding Europe be purged of its ‘Jewish threat’, in one populist politicians have exploited economic unrest in order respect there is a signif`icant diff erence. Since the horrors to promote their own xenophobic agendas, using valid of World War II, Europe has enacted strict laws preventing concerns about falling incomes, rising infl ation and declining the persecution of religious minorities. Implemented with living standards to rail against supposed ‘intruders’ who they the intent of preventing another holocaust, these laws have claim are destroying European society from within. made it socially and politically unacceptable to target specifi c But while 1930s populism directed its ire against religious groups for persecution. Th is has necessitated an Europe’s Jews, today Muslims have come under attack. evolution in far-right discourse; to render their message more Th is shift largely refl ects changing demographics; Muslims palatable, the far right have begun to employ a common now constitute Europe’s principle ‘stranger’ and, therefore, mantra: Islam is not a religion but an ideology. Islamophobia most obvious target of xenophobia. Th e accusations directed is therefore presented as a legitimate form of political critique, against them, however, diff er little in substance from those as the condemnation of a dangerous ideology, rather than as encountered by the Jews more than eighty years ago. a form of ethnic or religious prejudice. And while religions cannot be banned, ideologies can be. In the 1930s, Jews were habitually depicted as parasitic, unscrupulous businessmen who horded vast amounts of Such intellectual acrobatics have become regrettably wealth plundered from their Christian neighbours. In the commonplace in Europe, even entering the political wake of Germany’s defeat during World War I, German mainstream. With European media outlets demonstrating Jews were also accused of actively conspiring against their themselves all too ready to propagate a negative image of countrymen so they might profi t from the resulting chaos. Islam, a dangerous environment of public hostility has Most shockingly, rumours abounded of so-called ‘blood emerged in which Muslims could, should history repeat libel’, of Jews kidnapping and murdering Christian children itself, fi nd themselves in a very precarious situation. Th e (the most vulnerable members of society) so their blood Muslims of Europe must therefore unite to meet this threat. could be used in Jewish rituals. Th ey must demonstrate to their fellow Europeans that, far from a danger, they constitute an enrichment of European Although the specifi cs of these accusations diff er from culture and identity, a strength that will only benefi t the those now hurled at Muslims, the substance remains the continent in years to come. If Muslims convey this message same. Muslims are therefore also parasitic because their both quickly and successfully, they may yet reverse the tide of extreme poverty means they sap the resources of an already prejudice currently encroaching upon their new homelands. overburdened state, pillaging the jobs that rightfully belong to the poorest members of the ‘indigenous’ population. Muslims also represent a danger to European security; any one Hikmah of them might be a terrorist seeking to attack their adopted country for their own gain. And although not accused of murdering children, the traditional European stereotype of A person's t��e wealth is the good deeds that he does Muslim men as violent and lustful has resurfaced in a new in this world . Prophet Muhammad (pbuh) form; across northern England in particular it is commonly – believed that the Qur’an encourages paedophilia, with gangs The best religious obser�ance is to do what is of Muslim paedophiles now roaming the streets in search of vulnerable Christian girls. commanded and avoid what is forbidden. Umar ibn al-Khattab But if little variation exists between the underlying – justifi cations employed by contemporary far-right politicians

6 September - October 2018 7 Mahomet Allum, Australia’s Leading Herbalist-Benefactor

By Daud Batchelor

Mahomet Allum dispensed herbal mixtures and advice for Arguably, Allam was Australia’s greatest herbalist, although free but accepted donations and gifted charities handsomely. he was not conferred its citizenship. Mahomet died in 1964. He claimed that his healing gift was handed down in his His funeral procession exceeded one mile in length. Th e Afghan family for 400 years. Daily attendance at his practice White Australia immigration policy ended nine years later. averaged 600 people. Testimonials confi rm his popularity, Ending this short biography, I would like to quote a eff ective healing and charity. Th ousands called him fi tting testament made by the South Australian Worker in ‘Humanity’s Benefactor’ and ‘Good Samaritan’. His service regard to Allum: to mainly non-Muslims exemplifi ed Islamic values that all “Australia produced many men of note – statesmen, men are brothers. pioneers, professional men – but it has been left to a Born in 1858, in Kandahar, Allum arrived in the 1880s visitor, from a far-off land, to show us what we owe to and rode camels through four Australian states. In 1928 he the sick and poor of Adelaide. Eff orts of our greatest settled in Adelaide. philanthropists dwarf into insignifi cance when we Allum criticised Western medical practices and take into consideration the magnitude of the work of vaccinations. He contended that Nature had provided herbal Mahomet Allum.” remedies for every illness. He attacked vivisection as “a disgrace to humanity” and rejected animal experiments—e.g. .. injecting a rabbit with a patient’s sputum and putting it in Humour( Without Malice a basket in a dark hospital corridor. His condemnation of vaccinations, however, took a toll on his dear wife, when she died from smallpox—a disease that was generally preventable A man noticed Nasr�din digging a hole, and at the time. asked him about it. In Adelaide’s Mirror, he eff used, “30,000 people sent Nasr�din said, "I had buried something in this testimonials thanking me for restoring their health when fi eld last month, and I've been t��ing to fi nd it doctors failed. ... Hundreds of patients swore declarations all mor�ing." that up to 36 doctors failed to cure them before they saw me. "Well," said the man, "did you have some kind ... I challenge medical profession members to take up this of marking for it." matter if I am wrong in exposing their ineffi cient methods Nasr�din said, "of course I did! When I was and the success of mine.” bur�ing it, there was a cloud directly over it that cast a shadow - but now I can't fi nd that cloud, However, in 1935, the authorities have charged him either!" with ‘Imposture as a physician”. Th e prosecutor referred to his ‘vindictive methods’ against the medical profession as a “devil’s agent who made money their God.” While Allum had strong support from witnesses who attested that he never Nasr�din went hunting with the village mayor. represented himself as a doctor, he was still slapped with a They found a t�rkey, and the mayor shot and £45 fi ne. missed it . Devoutly Muslim, Allum actively disseminated pamphlets "Bravo!" Nasr�din shouted. and messages about Islam. He was also an ardent advocate The mayor ang�ily t�r�ed to him and said, against racism, where he famously challenged, “If any "How dare you make f�n of me!" Britisher can prove he is white and I’m black, I’ll give him "I wasn't making f�n of you," Nasr�din replied. £500.” Among the highlighted results of his dakwah eff orts is "I was saying bravo to the t�rkey!" the conversion of Halimah Schwerdt, Allum’s secretary, who became the fi rst European lady in Australia to embrace Islam.

8 September - October 2018 September - October 2018 9 EVENT REPORT UP Institute of Islamic Studies 1st International Conference and Workshop: Th e Roles of the State, Education, Community Outreach, Responsible Media, and Religio- Cultural Dialogues in Countering Violent Extremism (University of the Philippines Diliman, Quezon City, 21-22 September 2018)

by Alexander Wain Th is two-day event was organised by the Institute of Islamic Studies, University of the Philippines (UP), in conjunction with the UP Center for Integrative and Development Studies, the UP Offi ce of International Linkages, and the US Embassy of the Philippines. Hosted by UP Diliman, Quezon City, the event drew a wide range of international and local participants, including distinguished faculty, community leaders, and graduate students. Th e fi rst day consisted of a publication workshop, culminating in the launch of the International Journal of Islam in Asia (Brill Publishers) and the Islam in Southeast Asia book series (Palgrave Macmillan). Participants were treated to a diverse range of presentations exploring the interconnections between historical narrative and modern identity, the interplay between law and politics (notably within the context of implementing Shari’ah within non-Muslim majority settings), the role of state in both suppressing and promoting religious expression, and the dynamics between culture, education and Islamic society. Th e second day focused more explicitly on the conference’s core theme, combating violent Islamic extremism. Th e 2017 Marawi Crisis formed the primary basis of this discussion. Triggered by an abortive attempt by Islamic militants to establish an ISIS province in the Muslim-majority Filipino city of Marawi (Mindanao), this crisis resulted in violent clashes with Philippine government forces, culminating in the widespread destruction of the city. Many victims of this confl ict were present at the conference and willing to share their experiences; their testimony allowed discussants to craft a nuanced understanding of the root causes and potential solutions to Islamic extremism in the Philippines. Particular emphasis was placed on how social media has provided a discursive space in which extremist ideology can fl ourish, both by magnifying social grievances and subverting traditional Islamic values like tolerance and moderation. Presenters agreed that any future solution to this and other related problems must be holistic, linking a return to traditional Muslim values with economic empowerment, political autonomy and comprehensive programs of de-radicalisation.

Hikmah

Two fr iends are like t�o hands, one of which washes the other. – Ali ibn Abi Talib (r.a)

The saying, "The hear� is the abode of Allah" means that the ser�ant must place only what Allah loves in his hear� and must keep all that He condemns out of his hear�. – Abu'l Hassan Ali ibn Wafa (r.a)

Those who were prophets and those who were not obtained the g�eatest good through patience. – Maymun ibn Mihran

Quotable Quote

Positive ex�ectation comes fr om believing that you are wor�hy of g�eat things, and realistic ex�ectation comes fr om the belief that if you work hard enough at your goals, you can achieve them. – David A. Hunter

Don't focus on reg�ets; fi nd your inspiration in what you can do now. – Catherine Pulsifer

8 September - October 2018 9 EVENT REPORT

Book Dissection: Pelaksanaan Undang-undang Islam di Malaysia: Khayalan atau Realiti? (IAIS Malaysia, 27 September 2018) by Wan Naim Wan Mansor

Th e event was dedicated to IAIS deputy CEO Mohamed Azam’s latest book entitled Pelaksanaan Undang-undang Islam di Malaysia: Khayalan atau Realiti? (trans.: Establishing Islamic Law in Malaysia: Myth or Reality?). Th e event began with a presentation by Dr Azam on the scope and content of his book. Among the signifi cant topics covered in the book were: the harmonisation between civil and Syariah law, the prospects of hudud punishments in the Malaysian legal framework, the complexity of legal cases involving interfaith marriages, and the philosophy of Islamic law. Dr Azam’s presentation was followed by commentaries by two discussants; constitutional law expert and academic Dr Shamrahayu, and Vice President of ABIM and lawyer Khairul Anwar Ismail. Th e discussion cum forum was moderated by Research Fellow of IKIM, Mohd Noor Omar. Th e event saw a healthy crowd of around 70 participants consisted of academics, lecturers, students and members of the public. Th e Q&A session mostly revolved around the issue of streamlining between civil and Syariah courts jurisdictions.

International Shariah Scholars Forum 2018 (InterContinental Hotel, Kuala Lumpur, 1-2 October 2018) by Mahbubi Ali

Th e International Shariah Research Academy for Islamic Finance (ISRA) in partnership with the Islamic Research and Training Institute (IRTI) organised the 13th International Shariah Scholars Forum (ISSF) on 1st and 2nd October 2018 in the InterContinental Hotel, Kuala Lumpur. Th e two days’ event, bringing together reputable Shariah scholars all over the world, aimed at discussing the emerging trend of the Islamic social fi nance and investment in the industry in the light of Maqasid al-Shariah. Th e fi rst day of the event focused on the prospects and challenges in the implementation of Value-Based Intermediation (VBI). Th e second day engaged in a high-level discussion on the concept and instruments of Islamic Social Financing. Among the prominent Shariah scholars attending the event included Dr Mohd Daud Bakar, Shaykh Professor Dr Ali Muhyiddin Al-Qaradaghi, Shaykh Dr Abdul Sattar Abu Ghuddah, Shaykh Dr Nizam M.S. Yaquby, Shaykh Professor Dr Mohamed Ali Elgari, and Shaykh Professor Dr Muhammad Abdul Razak Al-Tabtaba’i. Th e 2018 ISSF was offi ciated by Berhormat Dr , Minister of Education, Malaysia, and offi cially closed by Yang Berhormat Dato’ Dr Mujahid Yusof, Minister in the Prime Minister’s Department (Religious Aff airs).

Hikmah

Allah loves gentleness in all things. – Prophet Muhammad (pbuh)

A perfected individual is one who tames his desires. God praises and elevates such a person through the tong�e of His ser�ants. – Abu'l Hassan Ali ibn Wafa

Sickness of the body appears with pains and aches. Sickness of the hear� appears with sin. Just as food has no taste when you are sick, so the hear� feels no fl avour in worship when it is mired in sin. – Dhunnun al-Misri

10 September - October 2018 September - October 2018 11 Roundtable Discussion on e Philosophy and Procedures of Shariah Criminal Punishments (IAIS Malaysia, 8 October 2018)

by Ahmad Badri Abdullah

On 8 October 2018, IAIS Malaysia and the Malaysian Department of Islamic Aff airs (JAKIM) jointly organised a roundtable discussion entitled ‘Falsafah dan Tatacara Hukuman Jenayah Syariah Dalam Mencapai Matlamat Rahmatan Lil Alamin’ (Th e Philosophy and Procedures of Shariah Criminal Punishments in the Pursuit of Mercy and Compassion to the Entire Universe). Th e event was primarily organised due to the recent controversial punishments imposed on two Muslim women in the Shari’ah Court of state for attempting to perform same-sex intercourse. Th e event was offi ciated by the Minister of Religious Aff airs, His Excellency Dr Mujahid Yusuf Rawa and was moderated by Dr Mohamed Azam Mohamed Adil, Deputy CEO, IAIS Malaysia. Th e discussion also hosted other presentations by prominent speakers such as Prof. Mohammad Hashim Kamali, the founding CEO of IAIS Malaysia, His Excellency Dr Mohd Naim Mokhtar, a judge in the Shariah Appeal Court, Associate Prof Dr Zulfakar Ramlee from IIUM, and Dr Arek Sanusi from the Attorney General Chambers Department. Among the achieved conclusions at the end of the discussion were: i) it is important to fi nd a balance between retributive and reformative punishment for Shari’ah off ences ii) there is a need to incorporate reformative and restorative elements in the Shari’ah punishments iii) Other mode of sentences such as community service or counseling need to be considered in the pursuit of reforming off enders.

International Greentech & Eco Product Exhibition & Conference Malaysia (IGEM) 2018 (KLCC, Malaysia, 17-20 October 2018)

by Shahino Mah Abdullah

Th e 9 th International Greentech & Eco Product Exhibition & Conference Malaysia (IGEM) 2018 is a four-day event held at KLCC. Th e event consisted of exhibitions and conferences under the theme ‘Green Economy & Industry 4.0: Achieving Sustainable Development Goals’. Th e event was organised by the Ministry of Energy, Science, Technology, Environment, and Climate Change (MESTECC) with GreenTech Malaysia as a co-organiser. Known as the largest fl agship event held annually by MESTECC, it was aimed to showcase the latest innovations to policymakers, government organisations, investors and the mass market. More than 250 exhibitors ranged from start-up companies to the tech giants gathered in this event. More than 30,000 visitors from over 35 countries have participated, coming from Japan, China, South Korea, USA, EU and ASEAN countries. Th e event shared many insights and new opportunities in the green industries that include eco-friendly products, clean energy technology and digital services. Th e event was offi ciated by MESTECC Minister YB in conjunction with the Malaysia Commercialisation Year (MCY) 2018. Her Excellency stated that the government Quotable Quote would soon introduce Building Energy Intensity Labelling to adopt energy effi ciency practice in the building sector. She also unveiled Malaysia’s ‘Roadmap Towards Zero-Use Well done, is bett er than well said. Benjamin Franklin Plastics 2018 2030’ in tandem with government policies – of reducing the usage of drinking straws and plastic carrier bags by 2030 to tackle plastic waste. Other main agendas Knowing is not enough; we must apply. Willing during the fi rst day of IGEM 2018 included green fi nancing is not enough; we must do. through Islamic capital markets such as green sukuk as an – Johann Wofgang von Goethe instrument to fund future green projects in Malaysia. Th e programme was indeed benefi cial to the participants, as it It doesn't matt er where you came fr om. All that provided the latest overview of the country’s green initiatives matt ers is where you are going. to preserve the environment that are in line with Islamic – Brian Tracy values in the age of industry 4.0.

10 September - October 2018 11 EVENTS AT IAIS MALAYSIA

DATE EVENTS

Book Dissection & Discussion 29th September Pelaksanaan Undang-Undang Islam di Malaysia: Khayalan atau Realiti?

Persidangan Meja Bulat th 8 October Falsafah and Tatacara Hukuman Jenayah Syariah dalam Mencapai Matlamat Rahmatan Lil Alamin

Training th - th 9 10 October Shariah Standards Training on Ijarah & Tawarruq: Shariah Requirements and Legal Documentations for Islamic Financial Institutions After 2018

Research Fellow Seminar 25th October Is Jenderam Hilir, Sungai Langat, The Earliest Malay Settlement in Selangor

Public Lecture 27th October Plight of Muslims - Conflicts in the Region (South Asia) & Beyond - Case Study on Kashmir

The line of speakers during Dr Azam presenting a token of Dr Azam’s book signing session A group photo featuring YB Datuk Seri Book Dissection & Discussion appreciation to En. Mohd Noor Dr Mujahid and participants of Shariah Criminal Punishments RTD

Prof Kamali presenting a token of Participants in the Shariah Criminal Dr Mahbubi and one of the participants A group photo with participants of the appreciation to YB Datuk Seri Dr Mujahid Punishments RTD in Shariah Standards Training on Shariah Standards Training on Ijarah & Tawarruq Ijarah & Tawarruq

Puan Intan Salina Idrus, Dr Mohamed Dr Daud Batchelor delivering his A speaker at the Public lecture 'Plight A speaker at the Public lecture 'Plight of Azam, Jenderam Hilir's headmen and presentation on Jenderam Hilir of Muslims - Conflicts in the Region Muslims - Conflicts in the Region (South Dr Daud Batchelor (South Asia) & Beyond - Case Study on Asia) & Beyond - Case Study on Kashmir' Kashmir'

12 September - October 2018