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ICR 7-2 Prelims+Text.Indd Islam and Civilisational Renewal A journal devoted to contemporary issues and policy research Volume 7 • Number 2 • April 2016 Produced and distributed by ISLAM AND CIVILISATIONAL RENEWAL EDITOR-IN-CHIEF Professor Mohammad Hashim Kamali EDITORIAL TEAM Dr Mohamed Azam Mohamed Adil Dr Alexander Wain Abdul Karim Abdullah Tengku Ahmad Hazri Norliza Saleh Siti Mar’iyah Chu Abdullah REGIONAL EDITORS Americas: Dr Eric Winkel Africa & Middle East: Mahmoud Youness Asia & Australasia: Dr Syed Farid Alatas ADVISORY BOARD Professor Gholamreza Aavani, Professor Carl W. Ernst, Professor Ingrid Mattson, Iranian Philosophical Society University of North Carolina University of Western Ontario Dr AbdulHamid A. AbuSulayman, Professor John Esposito, Professor Abbas Mirakhor, International Institute of Islamic Georgetown University International Centre for Thought Professor Silvio Ferrari, Education in Islamic Finance Professor Zafar Ishaq Ansari, Università degli Studi Professor Chandra Muzaffar, International Islamic University HRH Prince Ghazi bin Muhammad, International Movement for a Islamabad Jordan Just World Professor Azyumardi Azra, Professor Claude Gilliot, Professor Seyyed Hossein Nasr, State Islamic University Jakarta Aix-Marseille Université George Washington University Professor David Burrell CSC, Professor Ekmeleddin İhsanoğlu, Professor Tariq Ramadan, University of Notre Dame Organisation of Islamic Oxford University Dr Mustafa Cerić, Cooperation Professor Mathias Rohe, Former Grand Mufti of Bosnia- Professor Yasushi Kosugi, Friedrich-Alexander-Universität Herzegovina Kyoto University Professor Abdullah Saeed, Professor Hans Daiber, Emeritus Professor Hermann University of Melbourne Johann Wolfgang Goethe Landolt, McGill University Professor Miroslav Volf, Universität Professor Tore Lindholm, Yale University Ahmet Davutoğlu, University of Oslo Professor Abdal Hakim Murad, Foreign Minister of Turkey Professor Muhammad Khalid University of Cambridge Professor W. Cole Durham, Jr Masud, International Islamic Brigham Young University University Islamabad AIMS AND SCOPE · ISLAM AND CIVILISATIONAL RENEWAL (ICR) offers an international platform for awakening the civilisational potential of the Islamic legacy. Revitalising synergies between Islamic and other civilisations in a spirit of self enrichment through discovery and research may facilitate renewal within Muslim societies and more significant contributions by Muslims to the global human community. · ICR explores contemporary dynamics of Islamic experience in legal and religious practice, education and science, economic and financial institutions, and social and intellectual development. · We seek viable policy-relevant research yielding pragmatic outcomes informed by the best values and teachings of Islam as well as of other contemporary civilisations. · ICR is inter-disciplinary, non-political and non-sectarian. We seek to contribute to prospects of peace among all nations, and assist the conceptual and societal transformation of Muslims. · ICR encourages a fresh discourse for self renewal informed by an inclusive tolerant approach to diverse schools of thought and expression of ideas. The intent is to integrate over 1,400 years of Islam’s civilisational resources of diversity, dialogue and coexistence for meaningful exchanges with other world civilisations. · ICR promotes the Malaysian initiative of Tajdīd Haḍārī or Civilisational Renewal, with its component principles: 1. Faith, Ethics & Spirituality, 2. Just Governance, 3. Independence & Self-Determination, 4. Mastery of Knowledge & Science, 5. Islamic Economics & Finance, 6. Human Dignity & Ecological Wellbeing, 7. Cultural & Aesthetic Integrity, 8. Equity & Fraternity, 9. Diversity & Dialogue, 10. Peace & Security. CONTRIBUTIONS AND EDITORIAL CORRESPONDENCE Comments, suggestions and requests to: [email protected] Published by IAIS Malaysia, Jalan Ilmu, Off Jalan Universiti, 59100 Kuala Lumpur Printed by Vinlin Press Sdn Bhd, Jalan Meranti Permai 1, Meranti Permai Industrial Park, 47100 Puchong, Selangor CONTENTS Editorial 153–156 Mohammad Hashim Kamali Focus Peace in the Islamic Tradition: One Vision, Multiple Pathways 157–187 Mohammad Hashim Kamali Articles Towards Authentic Behaviour Management Models for Islamic Schools - 188–203 A Framework Synthesising Research Dylan Chown and Omaira Alam Juristic Views on RibÉ, Gharar and QimÉr in Life Insurance 204–216 K M Zakir Hossain Shalim The MaqÉÎid of Zakah and Awqaf and Their Roles in Inclusive Finance 217–230 Tawfique Al-Mubarak The Structural Development of IstiÎnÉÑ ØukËk from a SharÊÑah Perspective 231–242 Auwal Adam Sa’ad, Mohammad Deen Mohd Napiah and Uzaimah Bt Ibrahim Mahkamah Syariah Di Malaysia: Kemajuan dan Pencapaian 243–263 Mohamed Azam Mohamed Adil Viewpoints The Indicators of Wasatiyyah or Moderation in Islam 264–266 Mohammad Hashim Kamali Indigenous Islamic Modernity: A Necessary Basis for Renewal and 267–271 Reform Alexander Wain Interpreting Islam in the Constitution: Question of Fact or of Law? 272–275 Tengku Ahmad Hazri The Lucrative Business of Othering 276–280 Anis H. Bajrektarevic 152 Significant Events and Developments The Fourth Abdullah Yusuf Ali Memorial Lecture 281–282 (Kuala Lumpur, 16 April 2016) Tengku Ahmad Hazri Book Launch and Panel Discussion – Defining Islamic Statehood: 282–283 Measuring and Indexing Contemporary Muslim States (Kuala Lumpur, 31 March 2016) Ahmad Badri Abdullah Inaugural Responsible Finance Summit 283–284 (Sasana Kijang, Kuala Lumpur, 30 - 31 March 2016) Tawfique Al-Mubarak Seminar on Fatwa Issues in Contemporary Context: 285–286 Contemporary Fiqh in Facing the Reality of Malaysian Modern Society (Kuala Lumpur, 10 March 2016) Razi Ahmad Halal Cosmetics & Personal Care: In Trend 286–287 (Kuala Lumpur, 16 February 2016) Apnizan Abdullah Obituaries Taha Jabir Al-Awani (1935 - 2016) 288–289 Mohammad Hashim Kamali Hassan Al-Turabi (1932 - 2016) 289–290 Tawfique Al-Mubarak Mumtaz Ahmad (1940 - 2016) 290–292 Abdul Rashid Moten Zafar Ishaq Ansari (1932 - 2016) 292–293 Dheen Mohammed EDITORIAL In this April 2016 issue of IAIS Malaysia’s flagship journal,Islam and Civilisational Renewal, I am pleased to present six substantive articles (all with actionable policy recommendations) and four viewpoints, in addition to five event reports. With some sadness, I also include the obituaries of four well-known Muslim scholars. The first article is my own, entitled ‘Peace in the Islamic Tradition: One Vision, Multiple Pathways’. A comprehensive overview of how peace, jihad and conflict resolution are understood by the Islamic tradition, I conclude that: 1) Islam’s core principles emphasise peace and Muslims must return to them while considering broader objectives and eschewing literalism; 2) Muslim countries must prioritise good governance, social justice and the rule of law as the bedrocks of peace; 3) peaceful interpretations of jihad must rise to the fore; and 4) major international actors must consider how their actions impact upon the peace and security of weaker Muslim countries. Our second article, entitled ‘Towards Authentic Behaviour Management Models for Islamic Schools – A Framework Synthesising Research’, is by Dylan Chown and Omaira Alam, both of Razi Education. Concerned with the effectiveness and Islamic authenticity of the Behaviour Management Models (BMMs) currently being employed in Islamic schools, the authors suggest a seven-point framework for the assessment and improvement of these BMMs. This framework includes: consideration of an effective Islamic pedagogy within the context of an Islamic worldview; an emphasis on Islamic etiquette (adab); a teacher-modelled, student-directed approach set within a ‘whole community’ perspective; character education; and an interventionist approach capable of fostering transformative experiences in students. For our third article, K. M. Zakir Hossain Shalin, of the International Islamic University Malaysia (IIUM), presents us with ‘Juristic Views on Ribā, Gharar and Qimār in Life Insurance’. Zakir’s thought-provoking discussion engages with a longstanding debate amongst Islamic scholars: does conventional life insurance include the prohibited practices of usury (ribā), risk/speculation (gharar) and gambling (qimār)? Although Zakir concludes that it does not, to make this clearer to the scholarly community at large he recommends that: 1) life insurance be explicitly redefined as ‘securing financial assistance’, not ‘financial gain’; 2) restrictions be placed on the investment of insurance premiums so that insurance operators do not engage in prohibited activities; 3) surplus premiums be repaid to premium holders; and 4) bilateral life insurance contracts be discontinued in order to redefine insurance operators as managers of the insurance process. ICR 7.2 Produced and distributed by IAIS Malaysia 154 ISLAM AND CIVILISATIONAL RENEWAL Our fourth article, ‘The Maqasid of Zakah and Awqaf and their Roles in Inclusive Finance,’ is by IAIS Research Fellow, Tawfique al-Mubarak. In it, Tawfique examines the nature and effectiveness of inclusive finance – that is, financial assistance rendered to ‘unbankable’ members of the public who are usually denied access to more standard finance. Tawfique argues that current inclusive finance programmes have failed to alleviate widespread hardship because they deal in interest; he proposes rectifying this by incorporating the interest-free principles of compulsory alms (zakah) and perpetual charity (awqaf) into the process. He also recommends that, instead
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