IAIS MALAYSIA BULLETIN ON ISLAM AND CONTEMPORARY ISSUES
No. 28 Sept-Oct 2015 KDN no. PP 17302/02/2013 (032210) ISSN 2231-7627 FREE
FOCUS: RELIGIOUS DUTIES IN ABNORMAL TIME ZONES Fasting during Ramadan is observed according to the lunar calendar. In most parts of the Muslim world, the duration of fasting days in Ramadan is generally between 14 and 16 hours. However, in the Northern Hemisphere, days are extremely long in summer and nights extremely short in winter. Midnight sun phenomenon Iceland, Norway, Finland, Sweden, Denmark, Alaska (USA), St. Petersburg (photo credit: buzzle.com) (Russia) and northern Canada experience extreme variations in the length of days and nights in summer and winter. Regions to the north of the Arctic Circle experience what is known as the ‘midnight sun’ in summer. From June 12 to July 1 the sun stays up around the clock and does not set. In some parts of Norway and Sweden the sun never goes down for nearly two months in summer and there is broad daylight around the clock. In winter the Northern Hemisphere experiences what is known as dark ‘polar nights.’ From November 25 to January 21 the sun does not rise above the horizon. (More p. 3) Midnight sun in Sweden (photo credit: wikipedia) Ruling on Vaping Th e issue on ‘vaping’ or smoking e-cigarettes has recently attracted much debate in Malaysia. Youngsters are widely picking up this trend for two reasons: as a cheaper alternative to ‘smoking’ cigarettes (whose price has exorbitantly gone up), and as a means to quit smoking. In recent developments, the cabinet had come to a decision that there is no plan to make vaping illegal. Th e Ministry of Health however, did issue a statement that both cigarettes and vapes are enormously harmful as they contain nicotine—which is medically proven to lead to cancer. (More p. 5)
SMIIC’s (Standards and Metrology Institute for Islamic Countries) Standards on Halal: A Milestone Towards Standardisation Th e rising demand for Halal foods and services has contributed to the mushrooming of Halal certifying bodies. Currently, there are four hundred (400) Halal certifying bodies rendering their services in Halal certifi cation landscape. Each of them would apply its own standards in the Halal certifi cation process. Despite the fact that they may share certain similarities in the standards, diff erences in certain critical areas such as acceptable method of stunning, mechanical slaughtering, or ethanol concentration still exist.1 Th is situation has created confusion in the market and led to abuse of Halal certifi cates. In some instances, Halal certifi cates were reported to be easily purchased and it has become a ‘Murky Business’.2 (More p. 6)
In This Issue Connect With Us
• Articles • Event Reports • Hikmah • Join our mailing list • Humour without Malice • Quotable Quote • Photos • 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! We have in this edition of the IAIS Bulletin a highly variegated selection of articles for your interest and enjoyment. Th e fi rst is my Focus article on “Religious Duties in Abnormal Time Zones”. How does a person living near the Arctic Circle manage (or even survive!) when fasting in Ramadan when daylight hours can reach 20 hours in summer time? From June 12 to July 1 each year the sun does not even set! I discuss some merits of the diff ering scholarly views in the light of the higher objectives of the Shari‘ah and the concept of taysir (facilitating ease). Mohamed Azam Mohamed Adil addresses in his article “Ruling on Vaping”, a very topical and somewhat controversial subject. With phenomenal growth in this industry, ‘vaping’ was pronounced as Oxford Dictionary’s ‘Word of Th e Year’ for 2014. It was fi rst used however, in 1983 when Rob Stepney described a hypothetical inhaler device, noting - “if the new habit catches on, it would be known as vaping”. Given its potential for Professor Mohammad causing harm, the author has called for national and state fatwa councils to rule decisively on the matter. Hashim Kamali Apnizan Abdullah in her article, “SMIIC’s (Standards and Metrology Institute for Islamic Countries) standards on Halal: A Milestone Towards Standardisation” provides a clear exposition of the birth, role, output and challenges remaining for SMIIC in its eff orts towards providing clear, practical standards for development of the vibrant halal industry. Member countries are all encouraged to cooperate towards actualising such global halal standards. Ahmad Badri Abdullah in “Weighing the Benefi ts and Harm of Big Data from the Shari‘ah Outlook” says it is an important privacy requirement that a person may conceal certain information about himself from others. He cites Kamali who believes that ‘right to privacy’ in Islam includes privacy of personal correspondence. Badri suggested the adoption of suitable oversight legislation so that Muslim data brokers are governed by ethical principles underpinned by the maqasid al-Shari‘ah. All Muslims would aspire to having a better understanding of the Qur’an and good advice is provided in Abdul Karim Abdullah’s article, “Towards a Better Understanding of the Qur’an”. In “Th e Art of Shadow Play in the Islamic World”, Tengku Ahmad Hazri has analysed this traditional performing art form of the Malay world while noting its original embrace of Hindu- Buddhist cosmology, teachings and story-telling. Th e penetration of Islamic teachings in the archipelago resulted in its reinterpretation and changing people’s former beliefs in the way of “intercultural dialogue through art”. I would like to thank all the contributors and the Bulletin Editorial team for their continued support. ANNOUNCEMENTS • Call for papers for the ICR. We invite interested scholars and researchers to contribute to the IAIS refereed research journal, Islam and Civilisational Renewal. ICR carries full articles, and shorter viewpoints, signifi cant speeches, and book reviews. Please consult our Website, iais.org.my, for details. • Free online access for all issues of the ICR older than two years. In keeping with our policy of implementing open access, we are pleased to announce that all issues of the ICR older than two years are now available on our Website for free.
Bulletin Editorial Team
Mohammad Hashim Kamali, Daud Abdul-Fattah Batchelor, Abdul Karim Abdullah, Tengku Ahmad Hazri, Norliza Saleh
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2 Sept - Oct 2015 Sept - Oct 2015 3 FOCUS Religious Duties in Abnormal Time Zones
cont’d from page 1 by Mohammad Hashim Kamali
The extremely long days in summer and long nights in generally follow the Makkah and Madinah times for winter in the Arctic Circle raise questions about the timing prayer and fasting. of prayer and fasting. The traveller-historian Abu’l-Hasan There is a good deal of confusion about fasting al-Mas’udi (d. 345/957) and the astronomer Abu Rayhan times in many parts of northern Europe, mainly due to al-Biruni (d. 440/1059) have mentioned that days and absence of a consensus among scholars and jurists about nights in the regions located near the poles are unusually prayer and fasting times in the Northern Hemisphere. long. An eminent Turkish scholar Haji Khalifah (d. 1658 Muhammad Abduh (d. 1905) suggested that the times CE) raised the question about determining the timing of for prayer and fasting, which are stipulated in the Quran prayers and fasting in the regions near the poles. and the Prophet’s Sunnah based on the arrival of dawn, Since the early 1980s, massive numbers of Muslims, sunrise and sunset are applicable to regions that have mainly immigrants, refugees and asylum seekers, have normal or moderate days and nights. He suggested that settled in northern Europe, and the number is rising. the prayer and fasting times in the Northern Hemisphere More than 42,000 Muslims are living in St Petersburg. should be calculated in accordance with the timing of Finland has a Muslim population of approximately regions which have normal or moderate days and nights. 60,000. In the Qur’an and Hadith, the times of prayer Whereas some Muslim jurists have suggested that and fasting are stipulated on the basis of such natural the Makkah and Madinah times for prayer and fasting signs as dawn, sunrise, sunset and the disappearance should be followed in the Northern Sphere, others are of of twilight. Since these signs are markedly different the view that the timings of the nearest regions should in the Northern Hemisphere in summer and winter, follow those with normal or moderate days and nights. Muslims living in the region are faced with a dilemma. Muhammad Abduh held that both opinions are valid In Makkah the variations in the duration of fasting days and either could be adopted and consistently observed. throughout the year are within 2 hours and 44 minutes. Abduh’s views have been endorsed by fatwa centre of In Oslo, there is a variation of 12 hours in the length Egypt, the Dar al-Ifta al-Misriyyah, as well as several of days in summer and winter. In Lulea, a city in the eminent Muslim scholars, including many of the former north of Sweden, the dawn time in June is 00:51 a.m. Shaykhs of al-Azhar: Mahmud Shaltut, Muhammad and the sunset time is 11:43 p.m. If one observes the Sayyid Tantawi, Jadd al-Haqq, ‘Ali Juma’a, the former fast according to local timings, the fasting day will last Grand Mufti of Egypt, and Muhammad Abu Hashim, for 21 to 23 hours, leaving just about one or two hours the former Grand Mufti of Jordan. iftar for breaking the fast ( ), and the early morning meal Another view, espoused by some Saudi scholars, suhur maghrib isha ( ) for the following day and , and including Shaykh ‘Abd al-‘Aziz ibn Baz, former Grand tarawih prayers. Mufti of Saudi Arabia, is that as long as there are Muslims living in the Northern Hemisphere follow days and nights (regardless of their length within 24 different patterns and time schedules for beginning and hours), one must fast from dawn to dusk. This view breaking the daily fast in Ramadan. In Kiruna, Sweden, has been endorsed by Saudi Arabia’s High Council of the majority of Muslims follow the timings of the Swedish Ulama, which has held that one must begin and break capital Stockholm, 1,240 km further south, where there the fast according to local timings as long as night is are days and nights in summer, unlike in Kiruna, and distinguishable from day, regardless of how long the where fasting days in summer last for about 20 hours. day might be. Many eminent scholars and jurists have This is according to the advice given by the European pointed out that this fatwa is at variance with the higher Council of Fatwa and Research. Some of them follow the purposes and intents of Islamic law (maqasid al-Shariah) Makkan and Madinan times for beginning and breaking and the basic principles of Islamic jurisprudence, which the fast while others follow the timetable of Istanbul, emphasise ease, convenience and facilitation for the the closest Muslim city from Kiruna. Still others choose Muslim Ummah. The Quran has thus declared: “God to follow the local times. In Tromso, Norway, Muslims desires for you ease and convenience, and not hardship”
2 Sept - Oct 2015 3 (al-Baqarah, 2:185); and that: “God does not burden (1996), al-Zarqa wrote: “Generalising (the principle of a person beyond his capacity” (2:286). Th e Prophet, adopting normal prayer times to countries of extreme pbuh, also instructed his followers to: “Make things latitude) based on the ability to distinguish between day easy for people; do not make things hard for them. and night regardless of the great diff erence in their length, Give them good tidings and do not repel them [from totally contradicts the objectives of Islamic law and the religion.]” Fasting days as long as 20 or 22 hours are legal principle of mitigating harm. It is unreasonable too inconvenient, if not impossible, to break the fast to distribute the prayers performed during daylight and partake of suhur for the next day’s fast and off er the hours and night over a half hour period as it is likewise maghrib, ‘isha and tarawih prayers in the space of two or unreasonable to break one’s fast for one hour and fast for three hours. Furthermore, fasting for 21-22 hours over a twenty three hours” (p. 124 - as quoted by A.R. Momin in month has deleterious eff ects on health. a bibliographic essay on Shaykh Mustafa al-Zarqa). Th is Shaykh Mustafa Al-Zarqa (d. 1999) took exception fatwa is evidently harmonious with the higher purposes to the view taken by Shaykh ibn Baz of Saudi Arabia. In of Islamic law, the maqasid al-Shariah, which also fi nds his book al ‘Aql wa’l Fiqh fi Fahm al-Hadith al-Nabawi support in the scriptural sources of Islam.
Quotable Quote
“We are all connected. What unites us is our common humanit�. I don’t want to oversimplif� things - but the suff ering of a mother who has lost her child is not dependent on her nationalit�, ethnicit� or religion. White, black, rich, poor, Christian, Muslim or Jew - pain is pain - joy is joy.” - Desmond Tut�
“No one is bor� hating another person because of the color of his skin, or his backg�ound, or his religion. People must lear� to hate, and if they can lear� to hate, they can be taught to love, for love comes more nat�rally to the human hear� than its opposite.” - Nelson Mandela
“The f�t�re depends on what we do in the present.” - Mahat�a Gandhi
..( Humour Without Malice
Once a soldier who had an ar�ow st�ck into his fl esh went to consult a specialist. The surgeon cut off the ar�ow shaſt and said: “That is all. You may go now”. The soldier said: “But the ar�ow head is still deep in my fl esh!” Shaking his head, the surgeon said: “That’s a matt er of an inter�ist. The surgical par� of the operation is fi nished”.
Wang Pang, the son of Wang Anshi (a noted scholar and offi cial of the Song dy�ast�) was playing at a fr iend’s house, where there was a deer and river deer in a cage. The master of the house asked Wang Pang: “Can you tell which of the animals is a deer and which is a river deer?” Wang Pang, who was less than ten years old, was unable to disting�ish the t�o. But he said: “The one nex� to the river deer is a deer, and the one nex� to the deer is a river deer.”
4 Sept - Oct 2015 Sept - Oct 2015 5 Ruling On Vaping
cont’d from page 1 by Mohamed Azam Mohamed Adil
Due to the fact that vaping and its electronic accessories vaping later. Citing the case of cigarettes, WHO scientists only recently penetrated the Malaysian market, fatwas on only found out in 1960s that smoking causes lung cancer, this particular practice are relatively few. At present, the but people have already been smoking for the past 100 only state to issue a clear ruling forbidding vapes came years. from Wilayah Persekutuan. Datuk Dr. Zulkifli al-Bakri, The ministry also believes that this new practice can Mufti of Wilayah Persekutuan has argued that vaping is lead to addiction. Thus it had proposed to the government very similar to smoking cigarettes. Using the analogy to ban e-cigarettes or vaping on the grounds that it has a that smoking cigarettes is haram because it is detrimental high chance to become a “gateway” to smoking tobacco to health, he concludes that vaping is also forbidden. cigarettes, especially among the younger generation. Such Such practice clearly causes harm (mafsadah), and this measures had already been taken in neighbouring countries contradicts the teachings of Quran and Sunnah, as well like Thailand and Cambodia, and in other developed as the objectives of Shari’ah (Maqasid al-Shari’ah). Allah nations like USA and the European countries. says in the Quran: “And spend in the way of Allah and do not throw [yourselves] with your [own] hands into However, the proposal was turned down by the Cabinet destruction. And do good; indeed, Allah loves the doers of simply because it wanted further studies to be carried out good” (al-Baqarah: 195). Such reminder is also emphasised before any decision is made. Yet, even without a ban, a in another verse, “ O you who have believed, eat from stiff action had already been carried out by the Ministry the good things which We have provided for you and be of Health in the form of enormous (and controversial) grateful to Allah if it is [indeed] Him that you worship” raid against vaping suppliers due to unapproved levels of (al-Baqarah: 172). nicotine which is under the control of Poison Act of 1952 (Revised 1989). In the Hadith, the Prophet Muhammad (S.A.W.) said that “La dharar wala dhirar fi’l Islam”, which means that The National Fatwa Council has yet to come out with a “there should be neither harming nor reciprocating harm clear ruling on vaping. Fatwas forbidding smoking (1995) in Islam” (Narrated by Ahmad, Malik, Ibn Majah & al- and shisha (2013) were issued by the National Fatwa Daraqutni). Another point to consider is the Islamic legal Council and some State Fatwa Committees, but not on maxim “dar’ul mafasid muqaddamun ‘ala jalbi al-masalih” vaping. The statement by Tan Sri Prof. Emeritus Dr. Abdul (preventing damages takes priority over obtaining benefit). Shukor, Chairman of the National Fatwa Council, that Overall, vaping is an act that leads to harm in both the e-cigarettes and vapes could be equated with smoking and short term and long term. Such practice is prohibited, shisha is insufficient at the institutional level. An alarming because Islam teaches its followers to protect their faith, report presented in the Vaporizer Convention in Kuala life, intellect, posterity and wealth. These protections are Lumpur in June 2015 mentioned that the Malaysian derived from the highest ranking of maqasid, namely the vape industry is worth more than half a billion ringgit; necessities or essentials (dharuriyyat). The decision to the second biggest in the world after the USA and the prohibit vaping can be simply based on the analogy with largest in Asia, with an estimated one million vapers in the conventional cigarette—both carry the same result: Malaysia. Despite some vapers claiming that this practice harmfulness. can help them to quit smoking, the obvious high health risks of inhaling smoke particles and chemical fumes are Recently, Lokman Hakim Sulaiman, the Deputy undeniable. Health Director-General, made a vigorous statement in response to vaping. Because vaping is relatively new in I conclude with the suggestion that the National Fatwa this country, there is not yet any law being introduced, Council and respective State Fatwa Committees come out and no concrete local studies on its long term effects with a clear fatwa on e-cigarettes and vapes. In addition, yet. Currently, the ministry’s technical committee is still it is advisable to the government to introduce stiff actions studying and researching its health effects. However, he and regulations on vaping, as well as close monitoring of stresses that there are sufficient worldwide studies showing the nicotine contents in its liquid. Prohibiting vaping can that vaping is harmful, and based on this, the committee block the means (Sad Al-Zari’ah) of damage (mafsadah) has advised the ministry to ban vaping. It is better to take it can cause to personal health and that of the society, precautionary steps, rather than to realise the bad effects of ensuring the benefit (maslahah) of mankind.
4 Sept - Oct 2015 5 SMIIC’s Standards on Halal: A Milestone Towards Standardisation cont’d from page 1 by Apnizan Abdullah One of the factors hindering the fast growing mode of providing technical assistance to the OIC countries in areas Halal trade worldwide is the non-uniformity of the Halal that also include education and training. In realising these standards around the world.3 Thus, having global Halal goals, SMIIC is mandated to develop standards for products standard is seen to be a must to accelerate the promising and services and establish certification and accreditation growth of Halal trade activities. Internationally, Codex schemes for its members. Among the standards issued by Alimentarius Commission attaches an additional guideline SMIIC are Halal-related activities. As of today, there are on the usage of Halal term namely; “General Guidelines three standards issued by SMIIC to cater for Halal trade for Use of the Term “Halal” CAC/GL24-1997 that is to activities, namely: be read with the Guidelines on Labelling of Pre-packaged 1. OIC/SMIIC 1:2011 : General Guidelines on Foods and the Codex General Guidelines on Claims. The Halal Food guideline however is brief and insufficient since other The standard defines the basic requirements for the technical aspects are not addressed. Halal foods at any stage of its supply chains which Fundamentally, the idea of establishing common and include receiving, preparation, processing, sorting, sound harmonised standards among Islamic countries was determination, packaging, labelling, marking, mooted at the 1st Meeting of the Economic and Commercial controlling, handling, transportation, distribution, Cooperation Standing Committee (COMCEC) of storage and service of halal food and its products Organisation of Islamic Cooperation (OIC) in 1984. As based on Islamic rules. a result of the meeting, a working group known as “The Standardization Experts Group for Islamic States” (SEG) 2. OIC/SMIIC 2:2011: Guidelines for Bodies was formed 1985 which eventually led to the approval of Providing Halal Certification the Standards and Metrology Institute for Islamic Countries The standard covers rules related to the halal (SMIIC) Statute at the 14th COMCEC meeting in 1998. certification bodies and requirements for the The SMIIC Statute was then signed by its member states execution of halal certification activities. in November 1999 at the 15th COMCEC Meeting held in 3. OIC/SMIIC 3:2011: Guidelines for the Istanbul. Initially, in 2010 there were only thirteen OIC Halal Accreditation Body Accrediting Halal member countries that ratified the SMIIC Statute, which Certification Bodies included Algeria, Cameroon, Guinea, Jordan, Libya, Mali, Morocco, Pakistan, Somalia, Sudan, Tunisia, Turkey, and The standard provides the general guidance and United Arab Emirates. To attract other OIC countries procedures for the halal accreditation body assessing 4 to become members of the SMIIC Statute, the statute and accrediting Halal certification bodies. was amended in July 2011, to relinquish the ratification These standards only cover the general guidelines for procedure and introduce the admission procedure by the Halal foods, Halal certification and Halal accreditation application via an official letter to the SMIIC General systems. Other sectors of Halal industry such as Halal Secretariat. With the new amendment, the number pharmaceutical and cosmetic, Halal vaccination, Halal of member countries then increased which currently management systems, and Halal tourism are yet to be amounts to thirty two countries altogether. Newcomers addressed. However, currently there are technical committees are Afghanistan, Benin, Bosnia & Herzegovina, Burkina (TCs) set up by SMIIC to work on the standards related to Faso, Egypt, Gabon, Gambia, Iran, Lebanon, Malaysia, certain areas namely, Halal cosmetic, service site, renewable Kyrgyztan, Mauritania, Nigeria, Palestine, Saudi Arabia, energy, tourism and its related services, agriculture processes Suriname, Senegal, Uganda and Northern Cyprus. and transportation. The establishment of SMIIC aims at materialising its A sound process of standardisation would take a goal to provide common and harmonised standards that long duration since it would involve the process of are acceptable among its member countries, eliminating compromising certain built practices and challenges in technical barriers to trade and developing and facilitating reaching a mass consensus among people involved. The trade activities among themselves. In addition, it also targets level of ‘standardisation’ instruments may appear in many achieving uniformity in metrology, laboratory testing and forms inter alia best practice, common approach, guideline, standardisation activities among member countries, and reference framework, or finally a real standard.5 Despite
6 Sept - Oct 2015 Sept - Oct 2015 7 numerous eff orts being made towards standardisation of 2. IRFAN Sungkar & Darhim Hashim, “Global Halal Food Halal standards among the OIC countries, the standards Market And Updates On Global Halal Standards”, paper remain voluntary by its nature. Th ey will only become presented at Th e World Bank First EAP Regional Agribusiness mandatory when the member states adopt them as a Trade and Investment Conference “Agro-enterprise Without law in their jurisdictions; otherwise its voluntary status Borders” held at Holiday Inn Atrium, Singapore on 30 –31 remains. Th ere was a strong recommendation made by July 2009. the Secretary-General of the OIC, Iyad Ameen Madani 3. Mustafa Afi fi Ab. Halim & Mohd Mahyeddin Mohd 6 to have one regulatory body for Halal certifi cation. In Salleh, “Th e Possibility of Uniformity on Halal Standards in actualising this goal, OIC member countries must fi rst Organization of Islamic Countries (OIC) Country”, World strive to have binding global Halal standards which could Applied Sciences Journal 17 (Towards the Traceability of Halal be possibly materialised via a trade treaty. Indeed, the and Th oyyiban Application), (2012), pp. 6-10. current three Halal standards issued by SMIIC should be 4. standard/>, viewed on November 5, 2015. ..( Humour Without Malice A gover�ment offi ce issued an urgent document to be dist�ibuted among its subsidiaries. To ensure Recent Publication that it would be delivered in time, the messenger was provided with a horse. Running behing the horse, the messenger whipped the horse until it was galloping at f�ll speed. The Middle Path of Moderation Someone asked him in amazement: “If it’s such in Islam an urgent mission why don’t you ride the horse?” The messenger asnwered: “Running on six legs is The Qur’ānic Principle cer�ainly quicker than on four, isn’t it?” of Wasat.iyyah Mohammad Hashim Kamali Foreword by Tariq Ramadan Hikmah THE MIDDLE PATH OF MODERATION IN ISLAM: THE QURANIC PRINCIPLE OF There is nothing more weighty in the scales WASATIYYAH (on the Day of Judgement) than pleasant Author: Mohammad Hashim Kamali manners -Hadith Publisher: Oxford University Press ISBN: 978-0-19-022683-1 The best par� of (a Muslim’s faith) is pleasant 320 pages manners -Hadith Ever� religion has its own ethos and the ethos of Islam is modest� (al-haya’) - Hadith 6 Sept - Oct 2015 7 EVENT REPORTS International Conference on Islam, Science and Sustainable Development: Maqasid al-Shari’ah and Humanity’s Well Being (IAIS Malaysia, 6-7 October 2015) by Wan Naim Wan Mansor Approaching Sustainable Development from the perspective of Islamic philosophy and Maqasid al-Shari’ah remains relatively unexplored. Realising the high potential of Islamic philosophy to further contribute to this fi eld, the International Institute of Advanced Islamic Studies (IAIS) Malaysia, and co-organisers Global Movement of Moderates (GMM), University of Malaya, and Monash University jointly organised a two-day international conference entitled Islam, Science and Sustainable Development: Maqasid al-Shari’ah and Humanity’s Well Being. Th e opening speech was delivered by YB Senator Dato’ Dr. Asyraf Wajdi Dusuki, and other eminent speakers included Prof. Mohammad Hashim Kamali, Prof. Datin Azizan Baharuddin, Prof. Tan Sri Dzulkifl i Abdul Razak and Prof. Mohamed Aslam Haneef. Th roughout the conference, several key Islamic concepts were repeatedly highlighted; namely the ‘Oneness of Being’ from the core Islamic principle of Tawhid, the divinely-ordained responsibility as trustees and vicegerents encapsulated in the principle of Khilafa, and lastly, the aiming towards ‘optimal balance’ guided by Mizan and Wasatiyyah. Oneness of Creator and Being (Tawhid) endowed all human beings the same dignity and equal basic rights. Th e concept of Khilafa invokes humanity’s spiritual responsibility as God’s trustees to responsibly administer earth’s resources and establish a just social order. Mizan and Wasatiyyah are guiding principles in balancing between the ‘developmentalist’ versus ‘protectionalist’ approach. Th e conference covered wide-range of fi elds and topics, as illustrated by selected policy recommendations below: • Suggestions to improve water-security in the Middle East via legislation, the introduction of solar power, establishing a court to mediate trans-boundary water disputes and a compensation system. • To reevaluate the feasibility of palm oil as a source of renewable energy and fossil-fuel alternative; • Increase the role of media to promote awareness and knowledge towards Sustainable Development; • Th e need to develop ‘Islamicity’ indices to measure development projects; • To further explore methods of Sustainable Development in Agriculture; • Tougher laws to regulate and discourage privatisation of basic needs; • To utilise Zakah and Waqaf for sustainable development projects; • Renewed approach on Genetically Modifi ed technology; • Tougher and more unifi ed laws on littering. Th e Islamic contribution to the concept of Sustainable Development exhibits a lot of potential and promise for further conceptual enhancement. When Sustainable Development in its early stages primarily focused on the ecological aspects of development, Islamic philosophy re-emphasises the value of human dignity and responsibility. Islamic principles and Maqasid al-Shari’ah can be important contributors to the much needed ‘spiritual element’ of the highly mechanical and technical process. Quotable Quote “He who opens a school door closes a prison.” - Victor Hugo “There are t�o educations. One should teach us how to make a living and the other how to live.” - John Adams “The goal of education is the advancement of knowledge and the dissemination of t��th.” - John F Kennedy 8 Sept - Oct 2015 Sept - Oct 2015 9 Weighing the Benefits and Harm of Big Data from the Sharīcah’s Outlook by Ahmad Badri Abdullah The use of big data systems is expanding faster than the rules or legal infrastructures that manage them. Everyday, a transnational company like Google processes more than 24,000 terabytes of data and a few largest banks in the world manage more than 75 terabytes of internal corporate data. To date, the use of big data is everywhere. Entertainment companies are creating television series based on their costumer’s specific preferences, and data brokers collect employment information and sell them to debt collectors, financial institutions, and the like. As big data becomes more widely utilised, the legal risks and ethical issues associated with it also become more of a concern. TechAmerica Foundation sees big data as characterised by three main factors: volume, velocity and variety. In other words, big data is the perpetual growing culmination of datasets derived from different sources to be analysed and mined in a manner which traditional database technologies are not capable of. It requires powerful computing facilities to filter massive amount of information so as to determine trends and behavioral patterns in the pursuit of making smarter and more accurate decisions. With the ability to access unimaginable amount of data, business organisations may gain valuable insights with which their operations and earnings could be significantly improved. Furthermore, the use of big data is forecast eventually to help in finding the cure for cancer and other chronic diseases. In sum, the societal benefit (maÎlaÍah) that is presented by the use of big data is indubitably enormous. Nonetheless, the most significant legal challenge associated with big data is privacy. For instance, personal information may end up in the database of a data broker, being combined and disclosed in ways that do not comply with any privacy policy. Furthermore, in most cases data subjects do not know what entities are collecting information about them, particularly by the data brokers. All this may expose data subjects to the risk of their personal information being misused by unknown parties. An important requirement of privacy is that a person is able to keep certain information about himself concealed and inaccessible to others. The Qur’an admonishes against the act of prying into other’s personal realms as well as any measures of disseminating such information: O you who have attained to faith! Avoid most guesswork [about one another] for, behold, some of [such] guesswork is [in itself] a sin; and do not spy upon one another, and neither allow yourselves to speak ill of one another behind your backs. Would any of you like to eat the flesh of his dead brother? Nay, you would loathe it! And be conscious of God. Verily, God is an acceptor of repentance, a dispenser of grace (Q, Al-×ujurÉt, 49: 18). Mohammad Hashim Kamali points out that the right to privacy in Islam not only refers to the sanctity of an individual’s home but to all other aspects of privacy that range from personal correspondence, the confidentiality of one’s private activities, personal conversation to financial affairs. Therefore, in the pursuit of protecting the sanctity of the private sphere, measures to protect the privacy of data subjects need to be given due consideration. The technique for mitigating privacy-related risk of big data is the de-identification or anonymisation of data sets. Such technique strips away key information from data sets so as to prevent other parties from identifying to whom the data sets might refer. Nevertheless, if the de-identification process is not done properly, data that appeared anonymous could be re-identified and there have been several real-life events in which re-identification of data sets has occurred. However, David Nevetta suggests that with the abundance of data available and accessible with sophisticated algorithms that allow data-mining, true anonymisation is actually more difficult to achieve. In summing up, we need to weigh cautiously the benefits (maÎlaÍah) and harm (mafsadah) implied by the use of big data. Of course big data offers numerous benefits. However, it could also turn out to be dehumanising due to the ways in which it is being utilised. The misuse of big data necessitates protection and preventive measures, be it in the form of laws or public policies. More importantly, the use of big data by Muslim entrepreneurs and data brokers needs to be governed by Islamic ethical principles, which are underpinned by the higher objectives of Sharīcah. 8 Sept - Oct 2015 9 Towards a Better Understanding of the Qur’an by Abdul Karim Abdullah Part 1 The Qur’an was revealed nearly 1,400 years ago to the prophet Muhammad (pbuh) in Arabic, about six hundred years after the prophet Jesus (pbuh). The Book describes itself as revelation (wahy) from God, and a message to all humanity, including non-Arabic speaking persons. The prophet Muhammad (pbuh) was the last of a number of prophets and messengers of God to humanity over several millennia that included Noah, Abraham, Moses, and Jesus. Twenty-five prophets are mentioned in the Qur’an by name. The total number is elsewhere mentioned at 124,000. Revelations prior to the latter included the scrolls (suhufi) of Abraham and Moses (Q, 87, 19). They also comprise the teaching of the Torah and the Injeel. The Qur’an was not compiled in a book form at the time of the demise of the prophet in 632. A standard version was prepared during the time of the caliph Othman. The term “Qur’an” is typically translated as “recital,” that conveys the “truth from the Lord of the worlds,” and has other names such as Huda (guidance), Dhikr (remembrance) and Furqan (criterion). The Qur’an was “sent down” tanzil( ) in stages, over a twenty-three year period. The Holy Book teaches monotheism (tawhid). It carries a message of justice, compassion and moderation. The Book refers to itself as a reminder (dhikr) and wisdom (hikmah). The word “Qur’an” is mentioned seventy times in the Holy Book. However, other terms are also used to refer to it such as kitab. Many people at the time of revelation committed the Qur’an to memory. The sacred narrative changed the course of history. It initiated a major transformation of the Arab and non-Arab world and reformed an entire people. One in four persons today is Muslim. The Qur’an served and continues to serve as a powerful impetus for spiritual awakening. It provides a comprehensive worldview for an entire civilisation. It is as relevant today as ever, if not more so. By alerting humanity to the difference between truth and falsehood, the Qur’an emphasises an important epistemological distinction. It is one of a number of other fundamental “distinctions,” such as the difference between life and death, belief and disbelief, good and evil, etc. Some of these distinctions are required for the purpose belief. Others are necessary for the purpose of knowing how to act. Without knowing the difference between right and wrong, man would remain confused and life would be difficult, if not impossible. In so far as man seeks and attains what is good, he succeeds; in so far as he commits evil, he fails. It is by seeking the good and avoiding evil that man navigates successfully through life. Man attains knowledge partly by attaining awareness of various relationships. Principles of ethics manifest themselves in action. The most important of such principles take the form of laws. Laws indicate the difference between what is permitted and what is prohibited. Ethical principles indicate not only what is lawful and what is unlawful, but also what is recommended and what is discouraged. Once man gains knowledge of the difference between the lawful and the unlawful, and the ethical and the unethical, he needs to apply it in his life. He does this by acting only in ways that are lawful, and by refraining from anything unlawful. This is for his benefit as well as for the benefit of the community in which he lives. The Qur’an addresses questions of existence. The teaching of the Qur’an links two aspects of reality, the world of temporality and that of eternity. By means of this integration, man can identify his place in the overall scheme of things, act accordingly and realise his destiny. The challenge to him is whether man can recognise and heed the call of the Qur’an as is expected of him by his Creator. 10 Sept - Oct 2015 Sept - Oct 2015 11 RESEARCH, PUBLICATION AND CONFERENCE PRESENTATION Prof. Dr Mohammad Hashim Kamali has written two articles on “Women in the Workplace: Shariah and Contemporary Perspectives,” and “Amnesty and Pardon in Islamic Law with Special Reference to Post-Conflict Justice”. Both were published in Islam and Civilisational Renewal (ICR), Vol. 6 No. 3 (July 2015) and Vol. 6 No. 4 (October 2015), respectively. He also wrote a piece on “Islam and Sustainable Development” for IAIS Bulletin No. 27, July-August 2015 issue. He presented on “Sustainability and Higher Education: An Islamic Perspective,” at the World Islamic Countries University Leaders Summit (WICULS) 2015, 30 September 2015, Putrajaya, and was keynote speaker at the International Conference – Islam, Science and Sustainable Development: Maqasid Al-Shariah and Humanity’s Well-being, 6-7 October at IAIS Malaysia. His keynote address was on “Sustainable Development from an Islamic Perspective.” He is currently finalising his new book “Questions and Answers about Shariah,” and also revising his book, Punishment in Islamic Law: An Enquiry into the Hudud Bill of Kelantan for a new enlarged edition to be published under a new title “Punishment in Islamic Law: Hudud in Malaysia and the Muslim World.” Professor Kamali is also supervising the preparation of five Policy Issue Papers: • With Tengku Ahmad Hazri, on the Constitution of Malaysia, “Beyond Turf Wars: Safeguarding Fundamental Liberties in the Syariah Courts in Malaysia” • “Sustainable and Responsible Investment” with Tawfique al-Mubarak • “Challenges Facing the Halal Vaccines: What are the Issues?” with Ahmad Badri Abdullah, • Two Halal PIPs with Apnizan Abdullah 1. “Shariah Parameters for the Halal Industry in Malaysia” 2. “Shariah Parameters for the Halal Standards for International Application” Assoc. Prof. Dr Mohamed Azam Mohamed Adil is writing an article on “Implementation of Islamic Criminal Law in Malaysia: Can Hudud Law be Implemented in Malaysia?” He is also preparing an article on “Malek Bennabi” for Architects of Civilisations section on the IAIS Website. He wrote an article on “LGBT Mengancam Akidah Islam” for Dewan Tamadun Islam, DBP, Oct. 2015. He is finalising a paper on “The Challenges Facing Islamic Banking and Finance: Have They Moved Away From Their Core Objectives?” for a volume on Maqasid in Mu’amalat. He was invited by Centre for Human Rights Research and Advocacy (CENTHRA) to do a pre-recording slot on Islam and Human Rights for TV Alhijrah, 2 July 2015. He was also invited by Academy of Contemporary Islamic Studies (ACIS) to give a lecture on “Kepimpinan Pelajar Holistik” at UiTM Puncak Alam on 4 July 2015. He was invited by YADIM to speak on “Diyat” at Universiti Malaya, 30 July 2015. He moderated a public lecture by Prof. Jasser Auda on Maqasid al-Shari’ah and the Challenges Facing the Muslim Youth at IAIS Malaysia on 31 July 2015. He attended the BNM 4th Module on Shari’ah Leaders Education organised by ICLIF, 12-13 August 2015. He moderated a book dissection and discussion on the Prophet Muhammad: The Hallmark of Leadership, 21 August 2015. He attended a RTD on Islamic Perspective on Sustainable Development held at IAIS, 25 August 2015. He presented a paper on Merotan Anak Dari Segi Syarak at RTD on Kecuaian Ibubapa at the Ministry of Women and Family Development, Putrajaya, 10 September 2015. He was pre-interviewed on Hari Malaysia which appeared on TV Alhijrah, 16 September 2015. He represented IAIS and became a moderator at WICULS, USIM, held at Marriot Putrajaya, 29 September 2015. Together with Dr Daud Batchelor, he organised the International Conference on Islam, Science and Sustainable Development, on 6-7 October 2015. He was a moderator for Distinguished Lecture on Terrorism by Professor Emeritus Alex P. Schmid, co- organised by GMM-IAIS, 27 October 2015. He was also a moderator, RFS at IAIS Malaysia whose guest speaker was Bro. Umar Batchelor, Young Muslim Entrepreneur, Australia, 29 October 2015. Dr Daud Batchelor is Head of the IAIS Science, Technology, Environment and Ethics unit. Dr Daud has edited 27 conference papers for the 300-page book by international publisher Springer titled: Islamic Perspectives on Science & Technology: Selected Conference Papers expected to be published early in 2016. Daud coordinated with Conference Chairman, Professor Dr. Mohamed Azam, the International Conference on “Islam, Science and Sustainable Development: Maqasid al-Shari‘ah and Humanity’s Well-Being” held on the 6 & 7 October, 2015 at IAIS Malaysia, with a good number of participants. Prior to that, Daud together with Dr. Razi organised the Round Table Discussion on Islamic Perspectives on Sustainable Development, held at IAIS Malaysia on 25th August. Daud’s viewpoint “Enhanced Life Expectancy during the Golden Age of Islamic Civilisation” appeared in IAIS Bulletin No. 27, while the News Straits Times published the article, “Returning to Islam: Living in the Shadow” on 28th August, 2015. As an editorial committee member for the ICR and IAIS Bulletin, Daud is engaged in the review, editing and revision of articles and participates in planning meetings. 10 Sept - Oct 2015 11 Dr. Hakimah Yaacob was awarded the best paper award from the Sadaqa House of IRCEIF KUIS for her paper entitled “Legal Analysis of establishment of Sadaqa as an entity and banking Products in Malaysia” on 29th of October 2015 at Bank Islam Malaysia Berhad Tower. This article will be published in Philanthropic Journal in December 2015 by Sadaqa House, IRCEIF, KUIS. She is currently preparing an article for the International Conference on Postgraduate Research entitled “Alternative Teaching Methodology in Islamic Finance: Analysis on the failure of HM Peterborough Social Impact Bond, Sadaqah Impact Bond and Muamalat Cases in Malaysia”. This paper is to be presented in Langkawi on st1 December 2015. For training in Islamic Finance, she has just completed a few training sessions on “Compliance and Regulatory Framework in Malaysia” under IAIS, “Ethics in Islamic Finance” under IBFIM and “Corporate and Shariah Governance in Islamic Finance for SME Banks.” She has published “Takaful Benefits as Hibah and not Faraidh” in Berita Harian. Abdul Karim Abdullah (Leslie Terebessy) has completed a paper on “Advancing well being by means of interest-free finance,” for the latest issue of the ICR. Previously, he submitted a paper for the Architects of Civilisation section on the IAIS Website, entitled “Rumi on education, spirituality and renewal.” He is currently preparing a paper for the Bulletin and an article for the NST. Alexander Wain joined IAIS in October 2015, prior to which he completed his DPhil (PhD) at the University of Oxford with a thesis entitled ‘Chinese Muslims and the Conversion of the Nusantara to Islam.’ Since joining IAIS, he has contributed two entries to the ‘Architects of Civilisation’ series, one on the well-known Southeast Asian scholar, Hamzah al-Fansuri, and another on the pivotal Chinese Muslim thinker, Liu Zhi. Currently, he is completing an article on the Chinese Muslim philosophical school known as the Han Kitab, to be published in the next issue of ICR. With Professor Kamali, he is also preparing the ‘Architects of Civilisation’ series for book publication. Tawfique al-Mubarak has contributed an entry on Imam Ibn al-Qaiyyim for the Architects of Islamic Civilisation section of the IAIS website. His paper entitled “Maqasid al-Shari’ah and Economic Development: An Analysis of the Ijarah Contract” had been accepted for presentation at the ‘Waikato Islamic Studies Conference: Islam and its Relations with Others’ to be held at the University of Waikato, New Zealand, between 11 and 12 November 2015. The Policy Issues Paper on Sustainable and Responsible Investment (SRI) Policies for Islamic Financial Institutions (IFIs): A Proposal has been submitted and is currently undergoing revision. He has also submitted a paper on “The Maqasid (Objectives) of Zakah and Awqaf and their Roles in an Inclusive Financial System” for the Ummul Qura University’s 1st International Conference on Islamic Banking and Finance to be held in March 2016. Tengku Ahmad Hazri currently pursues a three-tiered research, on (1) conceptual foundations of constitutionalism in Islam; (2) constitutional reforms in the Muslim world; and (3) constitutional perspective on Islamic law in Malaysia. These provide him concurrently with a theoretical framework for constitutionalism, a global, macro-level understanding of constitutional law and politics, and a national case study or micro-level application of constitutional principles. Towards this end, he is presently writing articles on Islam and statehood and on the scope of Syariah offences under the Federal Constitution of Malaysia, in addition to a viewpoint on religious freedom and an article on the philosopher and Maliki jurist, Ibn Rushd of Cordoba, for the website’s ‘Architects of Civilisation’ series. He completed a viewpoint on “Syariah Offences and Fundamental Liberties in Malaysia” (for the ICR, October 2015) and is revising his earlier draft of a policy brief, “Beyond Turf Wars: Safeguarding Fundamental Liberties in the Syariah Courts”, under the supervision of Prof Mohammad Hashim Kamali and Dr Mohamed Azam Mohd Adil. He is also presently engaged, along with Prof Kamali and Dr Azam, in a project on Islam and constitutionalism with an organization based in Spain, and helped to prepare a speech for the Chairman of IAIS for a conference abroad. With the cooperation of IAIS analyst, Wan Naim, he is also involved in two projects on maqasid al-shariah, one on methodology, and another on maqasid in financial transactions (mu’amalat). As a member of the editorial team of the ICR and IAIS Bulletin, he is actively engaged in reviewing, editing and proof-reading submissions, writing reports of significant events and involved in editorial planning meetings. Ahmad Badri Abdullah published a viewpoint entitled ‘Reimagining Islamic Ethics In Contemporary International Relations’ in the July 2015 issue of the ICR and published a shorter version of the article in the IAIS Bulletin (May-June, 2015). He contributed a viewpoint for the October 2015 issue of the ICR entitled ‘The Use Of Big Data and its Effects on the Right of Privacy’ as well as a shorter version of the article in the IAIS Bulletin (September-October, 2015) entitled ‘Weighing the Benefits and Harm of Big Data From the Shari’ah’s Outlook’. He contributed a newspaper article entitled ‘The Shari’ah Index Needs To Consider Systemic Approaches’ and prepared a report on the roundtable discussion entitled ‘Islamic Perspectives 12 Sept - Oct 2015 Sept - Oct 2015 13 on Sustainable Development’. He is now preparing a journal article for the January 2016 issue of the ICR entitled ‘The Guiding Principles of Ta’zir as a Reference For Judges in the Malaysian Common Law System: A Maqasid-based Approach’, a policy issue paper on ‘Halal Vaccines: Its Potential & Challenges’ and assisting in the preparation of the ‘Chartered Halal Compliance Executive/Officer Programme’ module. Apnizan Abdullah has written a short article, “Misrepresentation in Takaful Contracts in Malaysia”, in IAIS Bulletin, July- August 2015 issue. In addition, her ICR viewpoint on “Is Garnishee Proceeding Feasible on Islamic Banking Deposits and Investment Accounts?” will appear in the ICR journal, October 2015 issue. Her latest article entitled, “SMIIC’s standards on Halal: A milestone towards standardisation’, appears in this current bulletin. She has also co-authored a book, ‘IFSA 2013: Commentaries on Selected Provisions” which is to be officially published in December 2015. She is continuing her research on “Shariah Parameters for Halal Industry in Malaysia”. Apart from that, she had successfully conducted a training on “Regulatory and Compliance Framework in Islamic Finance under IFSA 2013” as a co-trainer, organised by the Institute. Currently, she is involved in the preparation of training modules for Halal, which is to be held by the IAIS in collaboration with HGTC. Wan Naim Wan Mansor joined IAIS in October 2015. He contributed an article entitled “Abu Hasan Al-Mawardi: The First Islamic Political Scientist”, to the IAIS online series “Architects of Civilisation.” The article provided an introduction to the life and thoughts of Al-Mawardi, who was born into a “rose-water” family but later become an influential thought leader in Siyasah al-Shar’iyyah for centuries. Currently, he is involved in a collaborative research project on the methodologies of Maqasid al-Shariah. He continues to research on political Islam and inter-faith engagement. EVENT REPORT Counter- and Alternative-Narratives for a Comprehensive Strategy to Effectively Combat ISIS Propaganda (27 October 2015, Kuala Lumpur Convention Centre (KLCC)) by Alexander Wain Professor Alex P. Schmid began with a concise definition of extremism: an “intolerant, authoritarian ideological position whose adherents view politics not as a peaceful competition between parties…but as a zero-sum struggle, utilising…criminal and violent tactics.” Extremism, he said, was ultimately the product of radicalisation, itself a political polarisation accompanied by the rejection of any and all dialogue with those who hold opposing views. Using these generalities as a framework, Schmid proceeded with his analysis of ISIS and its propaganda machine. While labelling ISIS an extremist organisation rooted in Salafist Jihadism, Schmid described its ability to use a narrative of restored honour and heroic deeds to recruit large numbers of idealistic young Muslims in search of a brighter future. Schmid argued that ISIS have been unwittingly helped in this task by the Western media. In particular, Schmid described a vicious cycle inherent to the ISIS-journalist relationship: ISIS’s perpetrates terrorist acts designed to meet the journalist’s (financial) need for blood on the front page and, in return, gains widespread exposure and legitimacy. This symbiotic relationship, Schmid said, constituting a marriage of convenience, presents profound difficulties for anybody wishing to counter ISIS and its ideology. Schmid proposed several strategies for combating ISIS. Centring himself on the need to limit ISIS’s ability to disseminate their ideology, Schmid first suggested (perhaps rather contentiously) government censorship of the public media in order to end the destructive ISIS-journalist relationship. Secondly, and closely tied to this he suggested responsible media self-censorship (inclusive of social media). He reasoned that ISIS could only be defeated in the long-term by a Muslim-led counter-narrative that would both invalidate and degrade ISIS ideology. Although several attempts have been made to construct such a narrative, Schmid felt they have all failed. In particular, he highlighted a failure to make counter-narratives dynamic and exciting. ISIS frequently produce inspirational, Hollywood-style recruitment videos; counter-narratives tend towards dry theological discourse that neither excite nor motivate. In future, therefore, counter-narratives need to empower. Whatever form they take, Schmid emphasised, unless the counter/alternative-narratives were seen to be credible, legitimate, clear, and infused with the prospect of success, they could not expect to succeed. 12 Sept - Oct 2015 13 The Art of Shadow Play in the Islamic World by Tengku Ahmad Hazri* What is art for? While today art has largely aesthetic or cultural value, in earlier times what by modern standards qualify as “arts” were often aspects of religious or spiritual pursuit: from the theatre in ancient Greece to the dance of main peteri in South East Asia, the arts were often conceived within a spiritual cosmology derived from religious tradition. Consequently, forms—visual, sonoral, performative—are but representations of ontologically higher levels of reality, thus endowing the former with deeper meaning. In Plato’s “myth of the cave”, the world of sensible experience itself—that is, the world immediately perceivable to human sensory faculties—is depicted as but a ‘shadow’, a pale reflection of the ‘true’ reality of archetypes, the world of Forms. The art of shadow play, or shadow theatre—known in Malaysia and South East Asia also as wayang kulit—is a fine example of an art form that traverses regions and generations, showing how perennial themes unfold themselves in a variety of ways. This art originates in the distant past for religious reasons among the animists and polytheists. Yet its evolution throughout the centuries shows survival through various religious traditions, that is to say it adapts to different cultural settings. Known in the Arab world as khayal al-zill, references to the shadow play can be found as far back as the 11th century in the works of Ibn al-Haytham (d. 1039) and Ibn Hazm (d. 1064). Ibn Hazm in his Kitab al-Akhlaq wa’l-Siyar analogized from the life of the play that, like the shadow play where one character disappears to give way to another, in this world too, one generation follows another.1 Some of these plays survive to this day, such as the shadow plays of Ibn Daniyal (d. 1310), an ophthalmologist, jester and court poet in Mamluk Cairo, one of which was called The Phantom (Tayf al-Khayal). The art attracted even the ruling elite in the Muslim world. One account narrates how the Ayyubid leader Saladin forced one of his ministers, the theologian al-Qadi al-Fadil to watch the shadow play: the latter reluctantly obliged, only to comment, after watching the play, that there is benefit to derive from it: “What I have seen carries with a weighty lesson. I have seen kingdoms come and go, and when the curtain was rolled up, lo! The mover of all was only One.”2 The Ottoman Sultan Selim I in 1517 had the privilege of watching the play, and was so fond of one such play, depicting the hanging of the last Mamluk sultan, Tuman Bay that he invited the player to Istanbul to perform before his son. This was how, so the historical account goes, the play was transplanted to Turkey, where it is known as karagöz oyunu.3 The various routes which the play had traversed resulted in the diversity of forms which it had assumed throughout the centuries and regions, for wherever it settled, it had to adapt to the new social and cultural milieu, thereby acquiring distinctive traits not found in other epoch or region. Such adaptation is a fine example of cultural dialogue at work on the one hand, and restores the spiritual significance of the arts, on the other. The evolution of the Malay wayang kulit is one example of this. The Malay shadow play shows the interaction, not only between generations and between peoples, but also between religious traditions underpinned by sacred cosmologies derived from the respective tradition. The shadow play took root in this part of the world when the region was predominantly Hindu. Consequently, the wayang is influenced by this religion, among others in the repertoire or storyline, namely chiefly derived from the Hindu epics, Ramayana and Mahabharata but in their local variant, i.e. the Hikayat Seri Rama and Hikayat Pandawa Lima.4 What is distinctive about performing arts such as the wayang kulit is its concurrent embrace of many different arts: the design and production of the shadow puppets is itself an art; so are the setting of the panggung (the raised hut or stage where the play is performed), the repertoire or storyline, the music accompanying the play and the mythology surrounding the play. *The author would like to acknowledge and thank Prof Mohammad Hashim Kamali for his thoughtful input and feedback on an earlier draft of this article Note: 1 Julie Scott Meisami and Paul Starkey (eds.), Encyclopedia of Arabic Literature (Vol. 2), (London and New York: Routledge, 1998), “shadow-play”, 701. 2 Caroline Stone, “Of Muppets and Puppets”, Aramco World Magazine (Vol. 30 No. 5) (September/October 1979), available online at https://www.aramcoworld.com/issue/197905/sesame.opens.htm 3 Encyclopedia, 701. 4 Tengku Ahmad Hazri, “Performance Art as an Instrument of Spiritual Contemplation: The Case of the Malay Wayang Kulit (Shadow Play)”, Islam and Civilisational Renewal, Vol. 6 No. 3 (July 2015), 371—387. 14 Sept - Oct 2015 Sept - Oct 2015 15 EVENT REPORT Training on Regulatory and Compliance Framework in Islamic Finance Under IFSA 2013 (12-13 October, IAIS Malaysia) by Apnizan Abdullah The introduction of Islamic Financial Services Act (IFSA) 2013 in June 2013 has indeed affected the Islamic banking and finance landscape in Malaysia. The enactment of IFSA 2013 as its new backbone for Islamic banking and finance is very timely to respond to the current market needs that have achieved a remarkable level of maturity. As a new inclusion in Malaysian regulatory infrastructures for Islamic banking and finance industry, the understanding of its salient features and the changes it introduces is very crucial. Hence, the training, entitled “Regulatory and Compliance Framework in Islamic Finance under IFSA 2013” was conducted on 12-13 October 2015 by IAIS, aimed at exposing the participants to the current regulatory regime for Islamic finance in Malaysia with special reference to IFSA 2013. In addition, the programme targeted to equip the participants with a proper understanding of both local and international compliance structures for Islamic financial market and issues and challenges that have arisen from the current Islamic financial system. The participants were of different sectors, namely Islamic banking and financial institutions, Takaful operators, universities and higher education institution, research institutes and also regulators. The topics covered for the training was extensive, inter alia: • Historical development of Islamic banking and finance • Overview of international Islamic finance regulatory framework • Overview of the historical and regulatory aspects of Islamic banking and finance in Malaysia • Relevant acts governing Islamic financial institutions in Malaysia • Selected issues and challenges faced by the Islamic financial system at global market • Analysis of international cases involving Islamic financial contracts • Judiciary and dispute settlement mechanisms • Salient features of IFSA 2013 • Shariah Compliance required by IFSA 2013 • Analysis of recent Malaysian cases involving Islamic banking and financial disputes The programme received an excellent response from the participants. The positive feedback from the participants indicates a need for IAIS Malaysia to offer additional training programmes in the future. The training programme ended with a photo session and the distribution of certificates of attendance. WHAT’S NEW WELCOME DR ALEXANDER WAIN, MR WAN NAIM & MR AHMAD SYARIEF IAIS Malaysia welcomes Dr. Alexander Wain as Research Fellow, Mr. Wan Naim Wan Mansor as Analyst and Mr. Ahmad Syarief bin Fadhli as the Institute’s new Conference Executive. Dr. Alexander Wain recently obtained his DPhil in Theology from St. Catherine’s College, University of Oxford. His areas of expertise and interest are History of Islam in Southeast Asia, China, South Asia and the Middle East, Early Malay literate and manuscript traditions, Colonial history of Southeast Asia and Islamic literate traditions. Prior to his doctoral degree he was a researcher and teaching assistant at Liverpool John Moores University, UK. He can be contacted at [email protected]. Mr. Wan Naim Wan Mansor obtained his Bachelor of Arts in Political Science from University of Michigan, Ann Arbor, USA. He is currently a Masters of Philosophy candidate in Political Science at the Institute of Malaysian and International Studies, National University of Malaysia (UKM). He was part of the research focusing on concept of Wasatiyyah under Religion and Social Cohesion grant by the Government of Malaysia and active in interfaith engagement and leadership courses from his student days. He can be contacted at [email protected]. Mr. Ahmad Syarief bin Fadhli, a graduate of Manufacturing Engineering from the International Islamic University Malaysia, attracted the Institute with his experience in handling programmes and event management from his previous position as Project Manager for four years. Energetic and multi-talented, his presence will further strengthen the Conference and Public Relations Unit as the Institute is now venturing into variety of programmes and courses in 2016. He can be contacted at [email protected]. 14 Sept - Oct 2015 15 EVENTS AT IAIS MALAYSIA DATE EVENTS International Conference 6 & 7th Oct Islam, Science and Sustainable Development: Maqasid al-Shari’ah and Humanity’s Well Being Training 12 & 13th Oct Regulatory and Compliance Framework in Islamic Finance Under IFSA 2013 Lecture 27th Oct Counter and Alternative Narratives as Part of a Comprehensive Strategy to Combat ISIS by Professor Emeritus Alex P Schmid Hikmah The most preferable adornment is graceful manners and the height of intelligence is associating with people amicably. -Imam Hasan (Grandson of the Prophet Muhammad) 16 Sept - Oct 2015