IAIS BULLETIN ON ISLAM AND CONTEMPORARY ISSUES

KDN no. PP 17302/02/2013 (032210) ISSN 2231-7627 No. 51 July-August 2019 FREE

RENCANA KHAS SEMPENA HARI KEBANGSAAN : 62 Tahun Merdeka (Part 1) by Mohamed Azam Mohamed Adil Pada 31 Ogos 2019, negara tercinta kita Malaysia menyambut kemerdekaan yang ke 62. Ini bermakna Inggeris, penjajah terakhir kita telah meninggalkan negara ini 62 tahun yang lalu. Perlu difahami bahawa perjalanan menuju kemerdekaan ini telah melalui beberapa liku yang mencabar. Orang Melayu yang sinonim dengan taat setia kepada Raja bangkit menentang Inggeris sejak penjajahan lagi. Nama seperti Dato’ Maharaja Lela, Dato’ Bahaman, Dol Said dan Mat Kilau merupakan antara tokoh pejuang Melayu yang sanggup menggunakan senjata menentang Inggeris. Bahkan ada yang menggadaikan nyawa seperti Dato’ Maharaja Lela yang mati dihukum gantung sampai mati kerana membunuh JWW Birch, Residen Inggeris di Perak kerana tidak mahu campur tangan Inggeris dalam hal ehwal negeri. (contd. p. 8)

Focus: Haj is No Longer the Same Experience as in Earlier Times by Mohammad Hashim Kamali

It may be said by way of an introductory remark that in discussing the haj related issues, one runs the risk of touching on public sensitivities as haj is part of the devotional aspects (‘ibadat) of Islam and not as open to rational analysis as matters of concern to civil transactions (mu’amalat). This is not, however, the same with raising points relating to the haj administration and matters tangential to the substance of worship. (contd. p. 3)

Islamic Perspective on Shariah Non-Compliant Collateral by Mohammad Mahbubi Ali & Lokmanulhakim Hussein

Collateral is an essential tool that financial institutions use to manage the risk of customer default. In such an event, the bank may claim from the collateral to recover payment of the customer’s outstanding obligation. Collateral is typically charged to secure a financing facility, which can be either in the form of tangible assets, such as real estate and vehicles or financial assets such as bonds, sukuk and shares. (contd. p. 5)

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 and happy 62nd Independence Day! — The 51st issue of the IAIS Bulletin for July and August 2019 carries several items of academic and general interest. In my Focus article, I address the various ijtihadi (independent reasoning) issues surrounding the haj and submit that some of the existing haj rules should best be adjusted to address the issue of overcrowding. Next, IAIS Associate Fellow Mahbubi Ali and Ar-Rajihi Shariah Committee Lokmanulhakim Hussein write on the Islamic perspective on the use of Shariah non-compliant collateral in Islamic finance transactions. Second, IAIS Research Fellow Shahino Mah Abdullah provides an overview and Professor Mohammad commentary on the development of Artificial Intelligence (AI) in adaptive learning and how it can Hashim Kamali complement current education systems. Third, IAIS Deputy CEO Mohamed Azam Mohamed Adil extracts several key insights from the National Principles (RUKUNEGARA), emphasising the need to preserve the peace and harmony of Malaysia’s multiracial society. We have four event reports. Tengku Ahmad Hazri reports on his experience attending the SOAS Academic Summer School on the Middle East in Global Politics in London between July 1st-16th. Next are Shahino Mah Abdullah’s report on the World Conference and Exhibition on Social Sciences, Science, and Technology (WoCESST) 2019 in which his group won Silver medal, and Mahbubi Ali’s two reports on a regional scholarly gathering in Brunei (July 23rd-24th), and then a recent international forum (26th August) held at IAIS that was jointly organised by official representatives from Malaysia and Indonesia. We present this issue of the Bulletin with a selection of Humour without Malice, Quotable Quotes, and Hikmah. It remains for me to thank all our contributors and my colleagues at IAIS who helped with the production of this Bulletin. Professor Mohammad Hashim Kamali Chief Editor

ANNOUNCEMENTS

• 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, Norliza Saleh

Published by: International Institute of Advanced Islamic Studies (IAIS) Malaysia,P.O Box 12303, Pejabat Pos Besar, 50774 | Tel: 03 - 7956 9188 | Fax: 03 - 7956 2188 | www.iais.org.my

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2 July - August 2019 July - August 2019 3 Haj is No Longer the Same Experience FOCUS as in Earlier Times

By Mohammad Hashim Kamali

cont’d from page 1

The fiqh rule that independent reasoning, or ijtihad, space to others, as per the renowned hadith: ‘actions are does not proceed with regard to ‘ibadat is itself based judged based on their underlying intentions’ –innama on ijtihad. Islam essentially does not preclude religious al-a’mal bi’l-niyyat), but also for the help he extends matters from the realm of rational investigation in the to those who need it. The haj authorities in Muslim spirit of healthy renewal and reform (tajdid). Earlier countries are also advised to take policy measures not to precedent also confirms this when, for instance, the allow a person to do more than one haj. This will help caliph ‘Umar al-Khattab introduced the second call to reduce numbers to some extent. prayer (adhan) on Fridays when the crowds attending the Another point of concern is over the length of time Friday congregational prayers in Madinah grew larger the pilgrims take to perform the haj. Most low budget and larger. Also his successor, caliph ‘Uthman, is known pilgrims tend to complete the haj rituals in more or less to have edited and authenticated the text of the Qur’an six weeks, whereas others can do so in ten days, even at a time when variations in its reading had occurred due a week. There may be different issues of expense and to different Arabic dialects. With a view to unify the text individual choices involved, but it should in principle and prevent distortion, he verified the correct text with be possible for the haj authorities in Muslim countries to the help of leading Companions and then ordered that take reasonable policy decisions. The length of stay may the existing copies of the Qur’an be destroyed. be reduced, for at least some categories of individuals In earlier centuries when world populations could be and groups, to complete the haj in ten days, two weeks counted in millions rather than billions, the number of or so and return to their country promptly. Some pilgrims going to haj was also much smaller, travelling of these decisions may require cooperation between the distances with slower means of transport. They countries, but since the issues are in common, they may experienced great hardship, weeks and months of travel be interested in taking collective measures that reduce to reach the haj, riding animals or on foot. These numbers the length of pilgrims’ stay. This will also help reduce have changed so much that there is no comparison. The numbers and enable better management of the haj by annual number of haj pilgrims is now between two and the Saudi authorities. three millions, and still increasing. The sheer size and Furthermore, experience shows that the number of number of haj pilgrims now present new challenges people wishing to go to haj, from almost every Muslim that call for fresh thinking and ijtihad over issues, some country, is larger than their agreed upon allocations of which may not even require juridical ijtihad but would permit: often more than double or triple their administrative decisions and policy initiatives to make quotas. When the Saudi leaders visit other Muslim the haj crowds more manageable. countries, they are often requested to increase the haj One issue of this kind is the number of hajs that a quotas for their particular countries. Saudi leaders are person performs. Haj is, as the Qur’an specifies, a once in thus placed in a difficult position to respond. Barring a life-time religious duty of all Muslims “who can afford the specially justified cases, these kind of exceptional the journey” (3:97). But some affluent Muslims go to requests should also be minimised and collective policy haj many times, up to a dozen times or even more. Only measures taken to observe the existing quotas. This will the first instance fulfils the duty and the rest will count also help keep the number of haj pilgrims within feasible as supererogatory (nawafil). Bearing in mind the huge proportions. numbers of pilgrims nowadays, these individuals could On a more juridical note, we now raise a question perhaps restrain themselves, and better still, spend the whether there is scope for fresh initiative over matters money on charitable causes that may relieve the sick and of scriptural interpretation on the haj period. For this, the invalid of their hardships. The person will not only a look at the relevant verse of the Qur’an is in order as earn a reward for his good intention (niyyah) of giving follows:

2 July - August 2019 3 Haj are the months well known (ashhurun months, and not as it were, “sharayn ma’lumayn,” which ma’lumat). If anyone performs the duty would mean two months. So anyone who reaches Mecca therein, let there be no obscenity, nor in a state of Ihram (intention to do the haj, and avoidance wickedness, no wrangling in the haj. And of the profanities mentioned in verse above) and performs whatever good you do, God knows it. And the standing (wuquf) in Arafah, and circumambulation take a provision (with you) for the journey, (tawaf) of the Ka’bah, and running (sa’y) between Safa and but the best of provisions is right conduct. Marwa, known to be the haj essentials, any time during (al-Baqarah, 2:197) these three months, his haj is valid. This is also said to be the Sunnah as was known during the Prophet’s lifetime. As for the precise meaning of “the months well known”, The general consensus (ijma’) that has been claimed the Qur’an has not specified but they were specified based for the first view, is a weak claim since differences of on ijtihad. The first and typical ijtihadi response, which opinion existed as from the beginning. Then also to say is commonly adopted, is that the phrase refers to two that a part of the month (i.e 10 days) counts as a month, complete months (of Shawal and Dhi’l-Qa’dah) and ten as the proponents of the first view maintain, is also a weak days of Dhi’l-Hajjah. This is the position of the majority of assertion. the four madhabs (Shafi’i, Hanafi, Maliki and Hanbali), Moreover, it is a well-recognised aspect of the theory of the four renowned Abd Allahs among Companions ijtihad that when different rulings of ijtihad exist over the (Abd Allah b. ‘Umar, Abd Allah b. Abbas, Abd Allah b same issue, the one that addresses the reality on the ground al-Zubayr, and Abd Allah b. Amr b al-Aas), and some should be given preference. The second of the two views is prominent names among the Successors (Tabi’un). evidently more suitable to address current reality. There is The second response given is that the haj period no need for a new ijtihad. Hence the task before us is one includes all the three months, that is, inclusive of the whole of juristic preference (tarjih), which is also well recognised of Dhi’l-Hajjah, and this is the view of Imam Malik, and in Islamic jurisprudence. The second view takes added according to alternative reports, also of the Companions, relevance now, which may not have been the case in earlier Abd Allah b. Amr and Abd Allah b. Abbas, Abd Allah b. centuries when the numbers were quite small. Hence the Masud, and many names among the Successors. haj period should be extended to three whole months to This would appear to be the preferable of the two replace the existing practice of two months and ten days. views, for the Qur’an refers to the haj months as This would further ease the pressure and the congestion “ashhurun ma’lumat,” which correctly subsume three caused by the shorter haj period.

EVENT REPORT SOAS Academic Summer School on the Middle East in Global Politics (SOAS University of London, 1-19 July 2019) by Tengku Ahmad Hazri

The three-week program was aimed at exposing participants to Middle East politics and its relations to the global political order from a critical perspective. To that end, it frames the discourse from the standpoint of decolonisation, postcolonialism, critical political economy and critique of Orientalism. The programme covered the theoretical and conceptual framework, country studies (e.g. Egypt, Turkey, Iran, Saudi Arabia and the Gulf states) and thematic studies (Pan-Arabism & Arab nationalism, Islam & Islamism, oil & the politics of hydrocarbon resources, and the Palestine-Israel conflict). In addition, a string of activities had been designed to link academic studies with social activism. As an extension of the inquiry into the politics of knowledge production, participants were given hands-on training on the production and editing of Wikipedia entries by an award-winning British Wikimedia practitioner, having been briefed on the underlying politics behind Wikipedia as a major contemporary source of information. An art and poetry appreciation module explored how art functions as a tool of activism and resistance to oppression. Participants examined among others the poems of Palestinian poet Mahmoud Darwish, the role of cartoons and political satire as a critique of powers-that-be, looking especially at cartoons featuring Handala, by now the signature comic character symbolising Palestine resistance. And finally, a live engagement with a Tunisian activist gave a ‘field’ insight into the campaigns and movements that played a significant role in the Arab uprising in Tunisia that brought down the regime of Ben Ali.

4 July - August 2019 July - August 2019 5 Islamic Perspective on Shariah Non-Compliant Collateral

By Mohammad Mahbubi Ali & Lokmanulhakim Hussein

The remarkable development of Islamic financial products 1. an asset acquired without the consent of the owner; has stirred the introduction of exotic, sophisticated 2. an asset acquired with the consent of the owner collateral instruments, such as unit trusts, current accounts through a void (batil) contract; and investment accounts. These may raise issues, mainly if 3. an asset acquired with the consent of the owner they involve Shariah non-compliant elements. This short through a voidable (fasid) contract; and article, therefore, sheds critical light on the use of Shariah 4. an asset acquired with the consent of the owner non-compliant asset as collateral in Islamic financial by unlawful possession without the use of any institutions (IFIs). nominate contract. In Islam, the concept of the collateral falls under the jurisdiction of rahn. The Shariah requirements of rahn For a Shariah non-compliant asset acquired without the follow the conditions of the asset in a sale contract: it must consent of the owner, or with the consent of the owner be recognised by the Shariah as valuable and be existent, but via a void (batil) contract or by unlawful possession identifiable, deliverable and owned by the pledger. The without any contract such as by bribery or gambling, this reason for these requirements is that the function of a pledge article suggests that it is not permissible to accept a non- is to settle the outstanding obligation by selling it in the monetary asset as rahn due to the absence of ownership. event of debtor default. This is only possible if the pledge However, if the asset is monetary, there are two different is a legally recognised subject matter of the sale contract. scenarios: On this basis, jurists developed a famous legal maxim which 1. if the money is not commingled with other money, states, “What is permissible to be sold is also permissible it is not permitted for use as rahn; and to be pledged.” Inversely, a Shariah non-compliant asset does not qualify to be the subject matter of rahn. The 1. if the money has been mixed with other money, it Policy Document of Rahn issued by Bank Negara Malaysia is permissible to accept it as rahn up to the limit of (BNM) clearly states that the subject matter of the rahn shall the amount of the halal (permissible) portion. be collateral (marhun) that is recognised by the Shariah. As for a Shariah non-compliant asset acquired through The Accounting and Auditing Organization for Islamic a voidable (fasid) contract, this article found that the Financial Institutions (AAOIFI) in its Shariah standard asset can be used as rahn, according to the Hanafi school, no. 39 also requires pledges to be Shariah compliant: “The provided that the contract has undergone rectification or mortgage asset should be a Shariah-permissible property. It the purchaser has taken possession of the asset with the should also be well specified (through pointing, naming or seller’s consent. description) and be possible to deliver.” On this basis, a conventional fixed deposit can be Nevertheless, the issue of Shariah non-compliant assets used as a pledge limited to the principal amount. The as rahn can be further categorised into two major types: Policy Document of Murabahah states that an interest- first is the asset prohibited in its essence (li dhatih) and bearing debt-based asset such as a conventional fixed second is the asset prohibited due to an external reason, deposit certificate may be used as collateral provided the namely, the means of its acquisition (li-kasbih). The former collateral is valued up to the principal amount. Likewise, refers to an asset that the Shariah has prohibited due to a conventional bond can be used as a pledge limited to an essential attribute (wasf). In other words, it is an asset the issuing price of the instrument. The Policy Document prohibited in its essence because it is harmful or unclean. of Rahn provided a clear statement: “Where a Shariah This category includes pork, wine and other impure items. non-compliant financial asset is used as a collateral, the Jurists unanimously agree that these items cannot be used collateral value must be limited to the principal amount of as a pledge. the financial asset”. The second category of Shariah non-compliant assets is In a similar vein, a Shariah non-compliant unit trust further subdivided into four classes, namely: may also be utilised as a pledge capped at the value of

4 July - August 2019 5 the investor’s initial investment and subsequent top-ups. Furthermore, the shares of companies with mixed assets Quotable Quote comprised of Shariah compliant and Shariah non-compliant assets may be accepted as rahn provided that the core Feeling gratitude and not expressing it is business activities of the company are Shariah-compliant. A like wrapping a present and not giving it. share comprised of mixed activities can also be used as rahn William Arthur Ward valued up to the amount of the Shariah-compliant portion – only. Also, an insurance policy can be accepted as a pledge Our time here on Earth is learning limited to the total amount of premiums the policyholder experience and no one is exempt. has paid. This is because, from a Shariah perspective, the Angela Agranoff insurance company does not have a right to the premium – paid by the policyholders, whereas the policyholders have no right to the coverage. Therefore, the policyholder cannot There are two mistakes one can make along use the insurance policy as a pledge due to the absence of the road to truth - not going all the way, and ownership rights associated with it. However, one can use not starting. Buddha the benefit of the insurance policy as a pledge up to the – amount of premium one have paid.

EVENT REPORT World Conference and Exhibition on Social Sciences, Science and Technology (WoCESST 2019) (Malacca, 6-8 August 2019)

by Shahino Mah Abdullah

On the 6th and 8th of August 2019, the University Teknologi MARA (UiTM) of the Melaka branch organised the World Conference and Exhibition on Social Sciences, Science and Technology (WoCESST) under the theme of ‘Humanizing Technology: Enable the Disabled’. The event combined two programs, the Melaka International Intellectual Exposition (MIIEx 2019) and Melaka International Conference on Social Sciences, Science and Technology (MIC3ST 2019), The exposition and conference took place in the main hall of Kolej Profesional MARA Bandar Melaka. This annual event aimed to bring together ideas that could address commercialisation needs. The exposition was divided into four categories namely; Category A (Professional Level) that includes lecturers, teachers, industry worker and public sector; Category B (Tertiary Level) that includes graduate and undergraduate students from local universities, polytechnics, college and matriculations; Category C (School Level) that includes primary and secondary schools, and Category D (International Participants). 157 groups participated in this exposition, each presenting and displaying their invention, innovation, design and idea. IAIS research fellow, Dr. Shahino Mah Abdullah participated in this event, teaming up with members from the Faculty of Science, University of Malaya, led by UM senior lecturer, Dr. Azzuliani Supangat. As a team member, Dr. Shahino suggested the concept idea and continuously guided the other two members, Dr. Nur Adilah Roslan and Dr. Nur Azmina Mohamed Safian in the fabrication of the invention. The team also received support and encouragement from Prof. Dr. Wan Haliza Abd Majid, who was an invited team member. The team presented on green technology under Category A (Professional Level) entitled “Versatile Solar Energy Module: A Solution Processed Flexible and Lightweight Energy Harvesting Device” and has successfully won the Silver Medal. The ‘flexible and lightweight solar cell’ is expected to help people living in remote areas by providing necessary electricity, especially for lighting and charging small electrical devices. It is also suitable for portable applications since the device can be folded, small, and light. The exposition is indeed a beneficial platform for researchers to establish networking, partnership and opportunities to collaborate with industries as well as contributing solutions to real-world problems.

6 July - August 2019 July - August 2019 7 Intelligent Adaptive Learning as Complementary to Enhance the Education System By Shahino Mah Abdullah

The ability of artificial intelligence (AI) to analyse human Long before the conventional education system and behaviour across different age groups must be utilised to adaptive learning technology, a personalised learning identify the needs of a person in his learning. For decades, system has been a practice in traditional Islamic pedagogy. we have practised a conventional learning process that In general, a personalised learning system assumes each relies much on standardised education system that mostly learner to be unique and therefore has different needs. grades learners on the basis of age. Such a measure has been Realising this fact, Islamic pedagogy acknowledges the adopted on the ground that the cognitive development of learner’s capacity to learn at their own pace. The teacher a normal person could be identified and differentiated will always be a source of reference, and provides the based on their chronological age especially during their learners with the knowledge they need. In a traditional early years. However, even within the same age group, setting, the learners should master a certain level of each person has different levels of cognitive development knowledge in order to move forward in their curriculum. and learning capacity, and thus may require different needs In other words, a learner does not take up a new discipline in learning. This makes it necessary to have an interactive of learning, or a branch of knowledge, until he masters the educational method that could provide customised previous one. resources to the learners. Today artificial intelligence offers Islamic pedagogy also emphasises knowledge to be such an opportunity, known as ‘adaptive learning’. put to practice. For example, in learning the Qur’an, the Adaptive learning provides more than just tailored learner is said to have truly attained to knowledge when learning resources to learners. It uses AI algorithm to he puts his learning into practice. Normally, this begins by process the interaction between the learners, the educator, teaching others when the learners engage in a study circle and the computer during their engagement. This tailored- or collaborative learning with their peers. Study circles learning process requires the learner to be collaborative enhance learners’ understanding through discussion and rather than become a passive information receiver. At exchange of knowledge as it creates an active engagement the same time, it allows the educator to monitor the between the learners and the teacher. Such active learning progress of the learner through continuous formative atmosphere in the Islamic education tradition can also be assessment since every interaction is tracked in real-time. found in the current adaptive learning environment but Furthermore, the individualised instruction and tailored with the additional help of technology which facilitates feedback could empower higher-order thinking skill, give teachers in monitoring development and provides the deeper understanding and accelerate learning, thereby student with tailored materials that suit their needs. facilitating learners to advance in their curriculum. The question should not arise as to whether adaptive Effective adaptive learning system retains the key learning is better than traditional and conventional component of the learning process, namely the presence of education systems. For decades, traditional and educator. A real teacher during class hour is indeed relevant, conventional learning systems have been providing people and in fact, integral to the learning process. The presence of with the necessary education and skills. It is the success of a teacher is more than just necessary and cannot be replaced these systems that has brought us to the advancements that with recorded videos or interactive robots. Learning from we have in today’s world. And now, as technology becomes a knowledgeable teacher in a particular subject matter is more advanced in the age of Industrial Revolution 4.0, a prerequisite in Islam as highlighted in Ghazali’s Ihya’ adaptive learning tools are widely available and can be ‘Ulum al-Din (Revival of the Religious Sciences) on how to utilised as a complementary or supportive component acquire knowledge. A teacher with sufficient knowledge and into our current education system to help teachers in their experience can properly guide the student towards better teaching and students in their learning so that it will be understanding and prevent him from making mistakes. A more interactive, interesting, and efficient. good teacher will be an example to the students and could also influence them in developing their identity.

6 July - August 2019 7 RUKUN NEGARA: 62 Tahun Merdeka (Part 1)

By Mohamed Azam Mohamed Adil cont’d from page 1

Bahkan beberapa peperangan yang dilancarkan oleh pihak Dengan kemasukan Sabah, Sarawak dan Singapura Inggeris dengan kerjasama pembesar Pahang terhadap dalam pembentukan Malaysia pada tahun 1963 (Singapura Dato’ Bahaman dan pengikutnya gagal kerana semangat keluar dari Malaysia pada tahun 1965), peruntukan dalam kebencian Dato’ Bahaman dan orang Melayu terhadap dokumen tertinggi ini diterima pakai kecuali dalam 20 Inggeris begitu menebal . Mereka tidak mahu balai polis perkara khusus yang diberikan kepada Sabah dan Sarawak, Inggeris dibina dalam kawasan yang dimiliki oleh mereka. antaranya mengenai bidang kuasa undang-undang adat Begitu juga, mereka tidak mahu Inggeris mengutip hasil termasuk hal ehwal yang terkandung dalam undang-undang cukai yang sepatutnya dinikmati oleh penduduk tempatan. keluarga termasuk Mahkamah Adat; hal ehwal berkaitan Kebencian campur tangan Inggeris yang mahukan imigresen; perkapalan dan pelabuhan; pembayaran 10% kuasa Raja-raja dikurangkan dengan pengenalan Malayan royalti hasil mineral dan lain-lain (Jadual Kesembilan, Union pada 1 April 1946 telah membangkitkan semangat Senarai IIA,IIIA; Jadual Kesepuluh, Bahagian IV dan V, perpaduan Melayu menentang hasrat jahat Inggeris. Orang Perlembagaan Persekutuan). Melayu telah berjaya meyakinkan Raja-raja Melayu untuk Dalam mengamati kehidupan aman damai, sejarah memboikot perisytiharan . Akhirnya, hitam pada 13 Mei 1969 telah mencalar hubungan kekitaan rancangan Inggeris gagal dan digantikan dengan Persekutuan antara kaum. Berlaku pertumpahan darah antara kaum Tanah Melayu pada tahun 1948. Melayu dan Cina kerana orang Melayu merasakan orang Melihat kepada kejayaan negara jiran Indonesia yang Cina telah mengambil hak ekonomi tempatan. Akibatnya, telah berjaya ‘mengusir’ Belanda dari tanahair mereka, orang Parlimen digantung dan sebuah kerajaan Melayu bangkit berjuang untuk mendapat kemerdekaan Bagi memupuk rapat hubungan kaum yang telah tercalar Tanah Melayu. itu, Rukun Negara telah digagaskan pada 31 Ogos 1970. Ia Umum mengetahui bahawa Perlembagaan Persekutuan telah diisytiharkan oleh DYMM Yang Di-Pertuan Agong ke yang kita miliki pada hari ini merupakan satu dokumen IV, Almarhum Sultan Terengganu. yang berteraskan “tolak ansur” hasil penerimaan oleh semua Kepentingan Rukun Negara adalah kerana ia merupakan pihak dari pelbagai agama dan bangsa. Ia merupakan satu satu deklarasi yang membawa cita-cita Malaysia ke arah: kontrak sosial yang dipersetujui oleh tiga etnik besar iaitu 1. Mencapai perpaduan yang lebih erat; Melayu, Cina dan India yang membentuk Parti Perikatan. 2. Memelihara satu cara hidup demokratik; Peranan Raja-raja Melayu juga tidak kurang pentingnya. Ini kerana, Suruhanjaya Reid yang diberi tugas untuk 3. Mencipta satu masyarakat adil di mana kemakmuran menggubal satu perlembagaan bertulis bagi Tanah Melayu negara dapat dinikmati bersama secara adil dan yang merdeka telah mengadakan 118 persidangan dan saksama; menerima 131 memorandum dari semua pihak termasuk 4. Menjamin satu cara liberal terhadap tradisi Raja-raja Melayu. Hasilnya, Perlembagaan Persekutuan kebudayaan yang kaya dan pelbagai corak; dan Tanah Melayu yang mula terpakai pada 31 Ogos 1957 5. Membina satu masyarakat progresif dengan merupakan satu dokumen yang dapat diterima oleh semua penggunaan sains dan teknolgi moden. pihak. Justeru bagi mencapai cita-cita tersebut, lima prinsip Meskipun pada kaca mata kasar Perlembagaan ini Rukun Negara: nampak bersifat berat sebelah, terutama yang melibatkan 1. Kepercayaan kepada Tuhan; hak-hak tertentu seperti kedudukan agama Islam (Perkara 3), 2. Kesetiaan kepada Raja dan Negara; hak-hak keistimewaan orang Melayu dan pribumi (Perkara 3. Keluhuran Perlembagaan; 153), Bahasa Melayu (Perkara 152) dan kedudukan Raja-raja Melayu. Tetapi demi untuk kebaikan bersama semua pihak 4. Kedaulatan Undang-undang; dan dan melakukan keadilan (meletak sesuatu pada tempatnya), 5. Kesopanan dan Kesusilaan. maka sudah pasti kita perlu memastikan Perlembagaan yang Kelima-lima prinsip Rukun Negara ini menjadi tunjang digubal sedemikian rupa kekal dan tidak menyimpang dari dan dasar negara Malaysia yang berbilang bangsa dan tujuan asal pihak yang menggubalnya. agama. (to be continued in next issue)

8 July - August 2019 July - August 2019 9 EVENT REPORT 13th Regional Shariah Scholars Dialogue (Brunei Darussalam, 23-24 July 2019) by Mohammad Mahbubi Ali

The International Shariah Research Academy for Islamic Finance (ISRA) in collaboration with Sultan Sharif Ali Islamic University (UNISSA), Brunei had organised the 13th Muzakarah Cendekiawan Syariah Nusantara (Muzakarah-13) - Regional Shari’ah Scholars Dialogue) - between 23rd -24th of July 2019 at The Rizqun International Hotel, Bandar Seri Begawan, Brunei Darussalam. The two-day event, under the central theme ‘Synergy Between Islamic Financial Institutions and Social Obligation: Issues and the Way Forward’, discussed two prominent issues: Firstly, utilisation of zakat, wakaf, charitable and purification funds to settle outstanding debts of banks’ customers. Secondly, adjustment, provision and reserve in zakat calculation. The event featured reputable Shariah scholars and industry players from all over the Nusantara region. Among the prominent Shariah scholars participating in the event included Prof. Dr. Mohamad Akram Laldin (Malaysia), Prof. Dr. Zakariya Hama (Thailand), Ustaz Muhammad Nuzaihan Hamdan (Singapore), Prof. Dr. Engku Rabiah Adawiah Engku Ali (Malaysia), Dr. Zaharuddin Abd Rahman (Malaysia) and Dr. Irfan Shauqi Beik (Indonesia). The author of this report, IAIS Associate fellow Dr Mahbubi Ali presented a paper in the event, entitled ‘The Use of Zakat and Waqf Funds to Settle the Customers’ Outstanding Debt’. Muzakarah-13 was officiated by Yang Berhormat Dato Seri Setia Haji Awang Abdul Mokti bin Haji Mohd Daud, Minister in the Prime Minister’s Department of Brunei Darussalam. The keynote speech was delivered by Mr Aznan Abdul Aziz, the Assistant Governor of Bank Negara Malaysia. Finally, the program ended with a closing remark by Mr Mohd Hasnol Mohd Yunus, Director of Corporate Service of ISRA.

Forum Kebangsaan: In Conjuction with the Independence of Malaysia and Indonesia (IAIS Malaysia, 26 August 2019) by Mohammad Mahbubi Ali

Malaysia and Indonesia have established a long history of diplomatic relations. On top of their close geographical locations in the Archipelago, the two countries share many similarities in terms of language, culture, customs and civilisation. The two countries even celebrated their independence in the same month, 31 August 1957 and 17 August 1945, respectively. Recognising this fact, the International Institute of Advanced Islamic Studies (IAIS) Malaysia, in collaboration with Nahdlatul Ulama (NU), the Tun Abdullah Ahmad Badawi Legacy (LEGASI), the Islamic University of Malang (UNISMA) and the INTAN Regional Center (INTENGAH), organised the 2019 Forum on the Independence of Malaysia and Indonesia. The event was held to highlight the historical development of both countries and the contribution of Islamic scholars and religious leaders to the independence of two countries, prominently the struggle of Sheikh Hasyim Asy’ari of Indonesia and Sheikh Abdullah Fahim of Malaysia. The forum featured four leading panelists, namely Dato Dr. Mohd. Yusof Othman, Senior Fellow of the Islamic Institute of Hadhari UKM & Tun Abdullah Badawi's Legacy (LEGASI); Fahmi Amrullah Hadzik, a grandson of Sheikh Hasyam Asy’ari (the founder of Nahdlatul Ulama); Datuk Dr Ahmad Murad Merican, Professor at the Institute of Islamic Thought and Civilization Studies (ISTAC), IIUM; and Dr Muhammad Hasan, the Deputy Rector of the State Islamic Religious Institute (IAIN) Madura East Java Indonesia The forum also witnessed a signing session of the Hikmah Memorandum of Understanding (MoU) between the International Institute of Advanced Islamic Studies (IAIS) Malaysia and the Faculty of Law, Islamic University of Prolonged exposure to lies, error, and empty and Malang (UNISMA) Indonesia. The delegation was also hollow things remove the taste of worship from attended by representatives of Indonesia's Ambassador, Mr one's heart. Whoever wishes to remain vibrantly Agus Badrul Jamal (Political Counselor) and Mrs Nurriha alive must cast all greed and covetousness from Ahmad (Chief Assistant Secretary, Southeast Asia Division, one's heart. Ministry of Foreign Affairs of Malaysia) representing YB Abdullah ibn Hubayk Dato’ Saifuddin Abdullah. –

8 July - August 2019 9 RESEARCH, PUBLICATION AND CONFERENCE PRESENTATION

Mohammad Hashim Kamali’s book, Crime and Punishment in Islamic Law: A Fresh Interpretation was published by OUP NY in July 2019. He co-authored with Muhammad Adha Shaleh, Disruptive Trends in Education: Islamic and Contemporary Perspectives, Policy Issue Paper No: 9 (May 2019). His other three articles; “Principles and Philosophy of Punishment in Islamic Law with Special Reference to Malaysia,” Islam and Civilisational Renewal (ICR), Vol. 10 No. 1 (June 2019) and “The Higher Purposes (Maqasid) of Shariah: Milestones of Development,” and “A Much-Neglected Aspect of the Theory of Maqasid – the Wasa’il,” IAIS Bulletin (May-June 2019) and (Mar-Apr 2019), respectively. He wrote on “Fighting Official Corruption: An Islamic Perspective,” published in New Straits Times, 25 July 2019. Professor Kamali attended the Forum, “Kemerdekaan Sempena Bulan Kemerdekaan Malaysia and Indonesia,” and participated at the IAIS Islamic Finance Talk Series on “Bringing Vision & Strategy to Life: Malaysia’s Sustainable & Responsible Investment Growth Story”, IAIS Malaysia, 20 and 26 August 2019 respectively. He gave Introductory remarks at the Inaugural Book Discussion – An Intellectual Discourse on Islamic Law in Malaysia: Issues, Developments and Challenges, IAIS Malaysia, 6 August 2019 of which he is also an editor. He was a discussant at the Monthly Book Discussion, ‘Maqasid al-Shariah: Explorations and Implications’, ISTAC, Kuala Lumpur, 14 May 2019. On 30 April 2019, he gave opening remarks at the Forum ‘Peradaban dan Keamanan Sejagat: Konsep Keamanan & Keadilan Sosical Menurut Shaykh Abdullah bin Bayyah’, at IAIS Malaysia.

Mohamed Azam Mohamed Adil has published Matrikulasi Ikut Maqasid Syariah, Utusan Malaysia, 3 June 2019; Is Unilateral Conversion the Best Solution?, New Straits Times, 27 August 2019; Toward Islamic Banking Without Tawarruq (Mohammad Mahbubi Ali, Mohammad Hashim Kamali & Mohamed Azam Mohamed Adil), IAIS Research Briefs, No. 1, 2019; and Islamic Law in Malaysia – Issues, Developments and Challenges (Mohamed Azam Mohamed Adil & Mohammad Hashim Kamali), Book Discussion Write Up, Bebas News, 9 August 2019. Keynote speaker, Kepimpinan Unggul Pemacu Transformasi, Nadwah Islam Sekolah Berasrama Penuh, Kementerian Pendidikan Malaysia, Sekolah Menengah Agama Persekutuan Kajang, 22 July 2019; Participant, Closed-door discussion with Chinese Muslims, ISTAC, 19 June 2019; and Presenter, Malaysia Baharu: Patriotisme Tulen atau Retorik Politik?, Bicara Cendikiawan Mulia, Universiti Malaysia Pahang (UMP), 28 August 2019. He moderated programmes organised by IAIS from May – August 2019. He represented IAIS Malaysia in the post-cabinet meetings chaired by the Minister in the Prime Minister’s Department. He also represented IAIS in the Special Committee on Harmony (Dakwah for Non-Muslims) set up by the Minister in the Prime Minister’s Department. He also represented IAIS in a steering committee, Pahang Royal Lecture (August 2019 -).

Alexander Wain recently published an ICR viewpoint “Southeast Asia’s Forgotten Female Muslim Rulers,” an IAIS Bulletin article “Rethinking the Islamisation of Java”, and a short piece for the New Straits Times “Could Melaka have got its Name from a Tree?”. Forthcoming publications include a chapter covering Southeast Asia in the Oxford Handbook of Islamic Archaeology (Oxford University Press) and a translation of the Hikayat Raja Pasai’s conversion narrative with an accompanying commentary in A Sourcebook for Pre-Modern Conversion to Islam (University of California Press). Alexander’s ongoing research projects include an article on the Undang-Undang Melaka for the ICR and an Occasional Paper critiquing existing general theories of Islamisation. He is also preparing a monograph on the conversion of the Nusantara to Islam, to be published with a major academic publisher.

Adha Shaleh’s recent articles, including “Disruptive Trends in Education: Islamic and Contemporary Perspectives”, “Mastering the Art of FreeWriting” (New Straits Times), “Ibn Battutah” (IAIS Bulletin). He attended a few events held in IAIS, including a meet up session on the need for fiqh for Muslim minorities in Western Communities & Maqasid Narrative: Development So Far; Research fellow Seminar on Embracing Intelligent Technology the Right Way; The Many Challenges to the Nascene of Halal Vaccine; an event with Iranian Delegates (Members of Parliament and Embassy Consular Representatives); intellectual discourse on ‘Islamic Law in Malaysia: Issues, Developments and Challenges’. Currently, he is collecting data for his current project on Islamic Education for Muslim minorities.

Shahino Mah Abdullah contributed viewpoints for ICR 2019 (first issue) and an article for bulletin no. 50, namely, “Artificial Intelligence (AI) and Its Associated Ethical Issues” and “Fasting and its Potential to Increase Intelligence”, respectively. He also contributed an article in the current bulletin no. 51 entitled, “Intelligent Adaptive Learning to Enhance the Education System”. He also published in the newspaper, on “Enhancing education with artificial intelligence” (New Strait Times, 1st May 2019). He presented in a Research Fellow Seminar at IAIS Malaysia entitled “Embracing Intelligent Technology the Right Way” on 25th June 2019. Recently, he participated in the ‘World Conference and Exhibition on Social Sciences, Science and Technology’ (WoCESST 2019) on 7th – 8th August 2019 at Kolej Profesional MARA, Malacca. In this event, he teamed up with researchers from the University of Malaya, presented an innovation entitled “Versatile Solar Energy Module: A Solution Processed Flexible and Lightweight Energy Harvesting Device” and received the Silver Award (Innovation) in the Professional Level category. His innovative work has been written with the same title and featured in the electronic monograph

10 July - August 2019 July - August 2019 11 entitled “Humanising Technology: Enable the Disabled” published in conjunction with ‘Melaka International, Intelectual Exposition’ (MIIEx 2019) by Division of Research and Industrial Linkages, Universiti Teknology MARA, Cawangan Melaka, Malaysia (ISBN: eISBN 978 967 0637 76 1). As one of the IAIS website committees, he has been proposing articles written by external writers to be featured on IAIS website, in which, within May to August 2019, a total of 25 articles have been accepted and featured online. Besides, his viewpoints entitled “Social issues of intelligent robots in our society” and article (Occasional Paper Series) entitled “Preserving Human Dignity when Adopting Artificial Intelligence: An Islamic Perspective” have been accepted and processed for publication by IAIS Malaysia. Currently, he is finalising his internal collaboration work, a Policy Issue Paper, entitled “Islamic Ethical Guide to Develop Holistic Artificial Intelligence Framework”.

Mohammad Mahbubi Ali recently published an IAIS Policy Briefs (No. 1 June 2019), entitled Toward Islamic Banking without Tawarruq and a viewpoint in the ICR (Vol 10 No 1, June 2019), called ‘: Public Concern and Future Direction’. He also contributed an article to the Islamic Finance News (22nd May 2019 Issue) on cash waqf model for MSMEs in Indonesia. Mahbubi also presented a paper entitled “Penggunaan Dana Zakat dan Dana Wakaf bagi Melangsaikan Hutang Tertunggak (Outstanding Debt) Pelanggan Bank” at the 13th Regional Shariah Scholars Dialogue, held in Brunei Darussalam on 23-24 July 2019. On 7th August, he conducted a one-day seminar on “Product Innovation in Islamic Finance” at DoubleTree by Hilton, Kuala Lumpur. His ongoing research projects include the Islamic finance masterplan for the Republic of Kazakhstan and the UNICEF project on the Islamic social finance instruments for children protection system.

Ahmad Badri Abdullah submitted a Policy Issue Paper (PIP) entitled Halal Vaccines: Issues and Challenges and finalised another one entitled Malay Traditional and Contemporary Customs From The Shari’ah Perspectives. He has submitted an OPS entitled Artificial Intelligence and the Ethical Issues in Human Society: An Islamic Perspective with Dr. Shahino Mah Abdullah as well a shorter version of it as a PIP with the title, Islamic Ethical Guide in Developing Artificial Intelligence Framework. He has submitted an article entiled: ‘Penggunaan Maqasid Syari’ah dalam Hujah di Mahkamah’ for a book that is going to be published by UiTM Press entitled Mahkamah Syariah di Malaysia: Menelusuri Cabaran Melestari Hadapan. He is also editing and developing an index for the book. He is currently compiling and editing a book of selected conference papers entitled Maqasid al-Shari’ah in Governance and Public Policies. Dr Badri has also involved in a research project with Mufti Department entitled: ‘Kajian Hukum Orang Bukan Islam Turut Merayakan Perayaan Orang Bukan Islam (Tanglung, Tahun Baru Cina, Deepavali, Ponggal, Wesak dan Krismas) and jointly finalised a report to the respective department.

Apnizan Abdullah has published a short article in the IAIS bulletin No. 49 March-April 2019 Issue entitled, “Female Khitan in Malaysia in the Light of Shariah and Human Right”. An article with the same theme was featured in the New Straits Times on August 7, 2019 under the title of “Female Circumcision & Human Rights”. She has also contributed a legal update on the court case entitled “Latest Judgment of JRI Resources Sdn Bhd vs KFH & Anor : Constitutionality of Section 56 & 57 of the of Malaysia Act 2009 Affirmed” published in the subsequent IAIS Bulletin No. 50 May-June 2019 Issue. There are one journal article and a short article of hers queuing for publication. The former is “Centralisation of Halal matters under the Federal Government in Malaysia: A Legal Perspective” which will be featured in the next IAIS journal issue and the latter entitled “Unleashing The Potential of Sadaqah for Islamic Social Finance Instruments in Malaysia” in the upcoming IAIS Bulletin. She is in the midst of submitting her final draft on “Sadaqah as a Financial Tool for Child Protection and Sensitive Issues”, a project funded by UNICEF.

Wan Naim Wan Mansor published two articles for the New Straits Times entitled “Honeybees and Consultative Politics” on June 17th, and “Hope in Mujahid’s Xinjiang Visit” on July 1st. He had published two event reports for the IAIS ICR Journal on the international seminar on ‘The Role of Religion in the Quest for Peaceful Coexistence’ (January 15th) and ‘IAIS Forum on Uyhur’s Plight: Countering Extremism or Religious Discrimination’ (April 2nd). He is currently working on a Policy Issue Paper (PIP) on the death penalty under Malaysian law and Shariah, in collaboration with three IAIS researchers. He is also working as part of the editorial team of a book tentatively entitled Maqasid Shariah in Public Policy and Governance. He is also currently finalising a collaborative journal article entitled “The Dialectical Relation of Texts (Nas) and Benefits (Maslahah) in the Light of Systemic Approach”. Wan Naim’s ongoing research projects include topics on Malaysian Political Islam, Shariah- oriented policies (Siyasah Shar’iyyah), and inter-faith engagements.

Tengku Ahmad Hazri continues his research on Islam and constitutionalism, focusing on the conceptual foundations of constitutionalism in Islam, constitutional reforms in the Muslim world and constitutional perspectives on Islamic law in Malaysia. Hazri was a participant at the SOAS Academic Summer School on The Middle East in Global Politics held at the School of Oriental and African Studies (SOAS), University of London, 1-19 July 2019. His article, “What is Modern Citizenship?” appeared in the New Straits Times, and was republished as ‘Identity and the Politics of Citizenship’ in JUST Commentary and IAIS Bulletin. Other works include “The Moral Foundations of the Constitution” (CLJ Bulletin, [2019] LNS (A) xcix) and a report on the aforesaid program on the Middle East in Global Politics. Currently he is completing a paper on “The Nation-State in Contemporary Islamic Thought” as part of his wider research on Islam and constitutionalism.

10 July - August 2019 11 Editors (Prof Kamali and Dr Azam) of One of the participants at the book Speaker, Mohd Radzuan Tajuddin, at One of the participants during Q&A at the newly launched book, 'Islamic discussion IAIS Islamic Finance Talk Series the Islamic Finance Talk Series Law in Malaysia', together with guest discussants

The arrival of honourable guests from A group photo with officials/guests from Malaysia and Guests and participants singing Malaysia & Indonesia for the jointly Indonesia during the jointly organised Forum the national anthem and held Forum Indonesia Raya

EVENTS AT IAIS MALAYSIA

DATE EVENTS

Book Discussion 6th August An Intellectual Discourse on "Islamic Law in Malaysia: Issues, Developments and Challenges"

IAIS Islamic Finance Talk Series th 20 August Bringing Vision & Strategy to Life: Malaysia's Sustainable & Responsible Investment Growth Story

Forum 26th August Forum Kemerdekaan Sempena Bulan Kemerdekaan Malaysia dan Indonesia

"How old are you, Mullah?" "Forty." "But you said that two years ago when I asked." "That's right. I always stand by my word!"

Imam Abu Hanifa was known for his scholarship and worship, but also for his sense of humor.

Malice Once, a man asked: "O Imam! When I take a bath in the river, should I face the Qibla or turn away from the Qibla."

Humour Without The Imam solemnly replied, "If I were you I would face my clothes, to make sure that no one runs off with them!"

12 July - August 2019