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An Islamic Perspective Islam and Civilisational Renewal A journal devoted to contemporary issues and policy research Special Issue: Religion, Law, and Governance in Southeast Asia Volume 2 • Number 1 • October 2010 Produced and distributed by ISSN 2041–871X (Print) ISSN 2041–8728 (Online) © INTERNATIONAL INSTITUTE OF ADVANCED ISLAMIC STUDIES 2010 ICR 2-1 00 prelims 1 28/09/2010 11:06 ISLAM AND CIVILISATIONAL RENEWAL EDITOR-IN-CHIEF Professor Mohammad Hashim Kamali EDITOR Professor Emeritus Datuk Osman Bakar ASSOCIATE EDITOR Christoph Marcinkowski ADVISORY BOARD Mahmood Zuhdi Hj Abdul Mostafa Mohaghegh Damad, Sachiko Murata, United States Majid, Malaysia Islamic Republic of Iran Chandra Muzaffar, Malaysia Ibrahim Abu Rabi‘, Canada Ahmet Davutoğlu, Turkey Seyyed Hossein Nasr, United Syed Farid Alatas, Singapore W. Cole Durham Jr, United States Syed Othman Al-Habshi, States Mohamed Fathi Osman, Canada Malaysia John Esposito, United States Tariq Ramadan, United Amin Abdullah, Indonesia Marcia Hermansen, United Kingdom Zafar Ishaq Ansari, Pakistan States Miroslav Volf, United States Azyumardi Azra, Indonesia Ekmeleddin Ihsanoğlu, Turkey John O. Voll, United States Azizan Baharuddin, Malaysia Anthony H. Johns, Australia Abdul Hadi Widji Muthari, Shamsul Amri Baharuddin, Yasushi Kosugi, Japan Indonesia Malaysia Khalid Masud, Pakistan Timothy Winter (alias Abdal Mustafa Cerić, Bosnia Ingrid Mattson, United States Hakim Murad), United Herzegovina Ali A. Mazrui, United States Kingdom Murat Çizakça, Turkey Khalijah Mohd Salleh, Malaysia OBJECTIVES AND SCOPE • Islam and Civilisational Renewal (ICR) is an international peer-reviewed journal published by Pluto Journals on behalf of the International Institute of Advanced Islamic Studies (IAIS). It carries articles, book reviews and viewpoints on civilisational renewal. • ICR seeks to advance critical research and original scholarship on theoretical, empirical, historical, inter-disciplinary and comparative studies, with a focus on policy research. • ICR aims at stimulating creative and original contributions within contemporary Muslim and non-Muslim scholarship to further civilisational renewal. • ICR promotes advanced research on the civilisational progress of Muslims and critical assessments of modernity, post-modernity and globalisation. CONTRIBUTIONS AND Editorial CORRESPONDENCE Notes to contributors and details of submission can be found at: ICR.plutojournals.org Comments and suggestions as well as requests to contact one of the contributing authors can be emailed to the Managing Editor at: [email protected] ICR 2-1 00 prelims 2 28/09/2010 11:06 CONTENTS Editorial 5 Mohammad Hashim Kamali Overview The Legal Framework of Religion–State Relations in Southeast Asia 11 Tahir Mahmood Articles Constitutionalism and Democracy: An Islamic Perspective 18 Mohammad Hashim Kamali The Ship and the Stranger: A Metaphorical Approach to Governance and Islam 46 Chaiwat Satha-Anand Religion, Law, and Governance in Malaysia 60 Abdul Aziz Bari A Malaysian Perspective on Qur’ānic Governance: Family Autonomy vs. State Intervention 78 Zaleha Kamaruddin The Rule of Law and Legal Pluralism in Malaysia 90 Constance Chevallier-Govers Islam, Corruption, Good Governance, and Civil Society: The Indonesian Experience 109 Azyumardi Azra Islam and the State in the Indonesian Experience 126 Bahtiar Effendy Filipino Muslims and Issues of Governance in the Philippines: Some Thoughts by a Local Practitioner 145 Datu Michael O. Mastura Uniquely Singapore: The Management of Islam in a Small Island Republic 156 Suzaina Kadir Viewpoints What Makes a Muslim Leader 177 Mohammad Hashim Kamali Why Issues of Islamic Leadership are Important to ASEAN 180 Osman Bakar ICR 2.1 Produced and distributed by Pluto Journals ICR.plutojournals.org ICR 2-1 00 prelims 3 28/09/2010 11:06 4 ISLAM AND CIVILISATIONAL RENEWAL Islamic Affinities with New Sciences and Technologies 184 Eric Winkel Enhancing Civilisational Dialogue between Malaysia and the European Union 186 Christoph Marcinkowski The Significance of PropagatingIslam Hadhari in Japan 190 Kazunori Hamamoto Mandatory Rebate and Unearned Profit: The Latest BBA Decision 194 Idrus Ismail Book Reviews ʿAbd al-Laṭīf al-Ḥusayn: Al-Amānah fī ’l-islām wa-āthāruhā fī ’l-mujtamaʿ 198 Nora S. Eggen Irfan A. Omar (ed.): A Muslim View of Christianity: Essays on Dialogue by Mahmoud Ayoub 201 Christoph Marcinkowski Christian W. Troll: Dialogue and Difference: Clarity in Christian–Muslim Relations 205 Christoph Marcinkowski Johan Fischer: Proper Islamic Consumption: Shopping Among the Malays in Modern Malaysia 208 Karim D. Crow Margaret J. Wheatley: Leadership and the New Science: Discovering Order in a Chaotic World 211 Eric Winkel Events and Significant Developments Workshops in Djibouti Organised by the Constitution Commission of Somalia 214 Mohammad Hashim Kamali Round Table of the Perdana Leadership Foundation and the New Club of Paris and Public Dialogues on the Knowledge-Economy 217 Osman Bakar Common Ground between Islam and Buddhism 220 Eric Winkel Three Relationships 222 Eric Winkel Notes on the Contributors 224 Aims of the Journal 230 Call for Papers 231 Guidelines for Contributors 232 Transliteration Table 233 Subscription Rates 234 Islam and Civilisational Renewal ICR 2-1 00 prelims 4 28/09/2010 11:06 EDITORIAL This issue of IAIS’s flagship-journal Islam and Civilisational Renewal (ICR) features, for the most part, the contributions by participants of the International Conference on Religion, Law, and Governance in Southeast Asia held in Kuala Lumpur 29–31 January 2010. The event was hosted by IAIS Malaysia and the Faculty of Law of the University of Malaya and was jointly organised by IAIS Malaysia and three other international sponsors, namely the International Center for Law and Religion at Brigham Young University (United States), the International Consortium for Law and Religion Studies of the Università degli Studi at Milan (Italy), and the Institute of Advanced Legal Studies at Amity University (India).1 The conference was officially opened with a speech by the Prime Minister of Malaysia Dato’ Sri Najib Tun Razak2 and featured 25 world-renowned speakers from 20 countries and 250 participants. In this issue of ICR, we are pleased to present to our readers those of the conference papers which have a specific Southeast Asia-related content. We would, in the meantime, like to inform our readers about our forthcoming conference proceedings volume, which will also include additional papers of wider interest to the theme of the conference. Some of the contributions in this issue feature papers by leading scholars in their particular fields, while others are by local practitioners, even politicians, mainly in the form of an essay. This also accounts for the fact that the articles and essays in this volume are of uneven length, due mainly to the different approaches and backgrounds of our contributing authors. The current issue of ICR starts with “The Legal Framework of Religion–State Relations in Southeast Asia”, an overview by Tahir Mahmood – the former Dean of the Delhi University Law Faculty, the current Chairman of the Institute of Advanced Legal Studies and Ambassador for Interfaith Harmony at Amity University, India, and an eminent legal scholar of that country. His paper expounds the main character- istics and interactive dimensions of law and religion in the Southeast Asian region. Professor Mahmood’s overview is followed by a good number of articles with policy recommendations: The first one, entitled “Constitutionalism and Democracy: An Islamic Perspective”, is by myself. In it, I develop the theme that Islamic government is essentially civilian rather than theocratic, notwithstanding the common misper- ICR 2.1 Produced and distributed by Pluto Journals ICR.plutojournals.org ICR 2-1 00 prelims 5 28/09/2010 11:06 6 ISLAM AND CIVILISATIONAL RENEWAL ceptions to the contrary, by presenting a survey of the evidence in the Qur’ān and the Sunnah as well as views of scholars of a variety of adherences on the subject. I also explore issues over the freedom of religion and draw the following conclusions: • that the normative teachings of the Qur’ān and Sunnah are more supportive of freedom of religion and pluralism than scholastic interpretations of the schools and scholars of the sharīʿah; • that evidence shows Islam’s substantive harmony with the principles of democracy; • that Islam is affirmative on religious and intellectual pluralism; • that there is substantive support in the theory and praxis of Islam for the democratic principle of separation of powers. The next article, “The Ship and the Stranger: A Metaphorical Approach to Governance and Islam”, is by Chaiwat Satha-Anand, a prominent Thai-Muslim scholar who is Professor of Political Science at Thammasat University, Bangkok, and Director of the Thai Peace Information Centre at the Foundation for Democracy and Development Studies. Professor Chaiwat’s article addresses issues of governance from the Islamic perspective by applying the metaphors of ‘the ship’ and ‘the stranger’, arguing that both might be useful in illuminating the idea of ‘soft governance’ in Islam, which he sees as an attempt to “meaningfully connect a multiplicity of actors from different terrains with complex relationships among them in the process of governing with a much more pluralistic conceptualisation of power”. Two of his major conclusions are: • the two metaphors point to highly limited governance in Islam, especially in terms of the power to punish, due to the limits
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