Al-Risalah P-ISSN: 1412-436X E-ISSN: 2540-9522 Forum Kajian Hukum Dan Sosial Kemasyarakatan Vol

Muhd Imran Abd Razak, et al

Al-Risalah p-ISSN: 1412-436X e-ISSN: 2540-9522 Forum Kajian Hukum dan Sosial Kemasyarakatan Vol. 19 No. 2, December 2019 (pp. 105-124)

THE FIQH WASAÝIYYAH APPROACH TOWARDS THE INVOLVEMENT OF MALAYSIAN WOMEN IN RELIGIOUS EXTREMISM PHENOMENON

Muhd Imran Abd Razak MARA University of Technology, Malaysia (Perak Campus) 32610 Bandar Baru Seri Iskandar Perak, Malaysia email: [email protected]

Mohd Anuar Ramli, Rahimin Affandi Abdul Rahim & Awang Azman Awang Pawi University of Malaya, Malaysia 50603 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, Malaysia email: [email protected], [email protected], [email protected]

Muhammad Yusri Yusof @Salleh & Paiz Hassan MARA University of Technology, Malaysia (Perak Campus) 32610 Bandar Baru Seri Iskandar Perak, Malaysia email: [email protected], [email protected]

DOI: 10.30631/al-risalah.v19i2.479 Submitted: September 10, 2019; Revised: 0ctober 09, 2019; Accepted: October 16, 2019

Abtsract: The trend of women³s active participation in religious extremism phenomenon has become a serious global threat, including for Southeast Asian countries such as Indonesia and Malaysia. This paper aims to offer a fiqh approach in the form of wasa‚iyyah in order to reinforce counter-laws of religious extremism, especially on the issue of Malaysian women³s involvement in the Daesh extremist group (al-Dawlah al-Isl¤miyyah f‡ al-‹Ir¤q wa al-Sh¤m). Through library and field research, this paper concludes that an approach of fiqh wasa‚iyyah, which is based on the reality of law and the reality of religious extremism, can be developed. This research is hoped to assist various parties, especially the Malaysian government, to improve existing deradicalization process and strengthen the efforts to re- straint religious extremism in the grassroots. Keywords: Fiqh WasaÞiyyah, Religious Extremism, Women, Malaysia

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The Fiqh Wasa’iyyah Approach Towards the Involvement of Malaysian Women . . .

Abstrak: Trend keterlibatan wanita secara aktif dalam gejala ekstremisme agama telah menjadi ancaman serius di tingkat global, termasuk di wilayah Asia Tenggara seperti Indonesia dan Malaysia. Tulisan ini bertujuan untuk menawarkan pendekatan fiqh wasa‚iyyah untuk menguatkan usaha counter- hukum paham ekstremisme agama khususnya mengenai isu keterlibatan wanita Malaysia dalam kelompok ekstremis Daesh (ad-Dawlah al-Isl¤miyyah f‡ al-›Ir¤q wa al-Sh¤m). Dengan menggabungkan antara kajian pustaka dan lapangan, tulisan ini menyimpulkan bahwa pendekatan fiqh yang bersifat wasa‚iyyah berdasarkan realitas hukum dan realitas ekstremisme agama dapat dikembangkan. Dengan demikian, tulisan ini diharapkan dapat membantu berbagai pihak khususnya pemerintah Malaysia dalam proses deradikalisasi dan mengukuhkan usaha pembendungan paham ekstremisme agama di tingkat akar rumput. Kata Kunci: Fiqh WasaÞiyyah, Ekstremisme Agama, Wanita, Malaysia

Introduction Royal Malaysia Police (PDRM) for al- legedly plotting a bomb attack on Chi- After the extremist group of al-Dawlah nese voters on the day of the 14th gen- al-IslSmiyyah fk al-±IrSq wa al-ShSm eral election. The woman was believed (Daesh), also known as the Islamic State to be the cell leader of the Daesh group of Iraq and Sham (ISIS) had lost many also had been playing the role in re- fighters and the territories of Iraq and cruiting new women and men through Syria in mid-2018, Malaysian authority, Facebook and WhatsApp.3 These devel- Ayob Khan, found that their trends and opments demonstrate a new trend for modes of operation have changed,1 women's active participation in bomb which they decided to actively involve attacks outside the conflicting areas by women in the extremist activities out- engaging women thriving their agen- side the conflicting areas, such as Indo- da.4 nesia and Malaysia. For example, on May 13th-14th, 2018, there were three This paper argues that the involve- bomb attacks in Surabaya involving a ment of Malaysian women in the Daesh family including a wife and two young group cannot be ruled out by the inter- children.2 Meanwhile, in Malaysia, a 51- year-old woman was arrested by the 3 Ayob Khan Mydin Pitchay. Interview on July 16th, 2018. 1 Interview on July 16th, 2018. 4 M. Magdalena Martinez Almira, “Women 2 Abi Sarwanto, “Polisi Sebut Keluarga Ter- in Jihad: A Question of Honour, Pride and duga Pelaku Bom Surabaya Sel Pasif”, CNN Self Defence,” World Journal of Islamic Indonesia, 15 Mei 2018, History and Civilization, 2011, 27–36; Tunda https://www.cnnindonesia.com/nasional/ Agara, “Gendering Terrorism: Women, 20180515142030-20-298360/polisi-sebut- Gender, Terrorism and Suicide Bombers,” keluarga-terduga-pelaku-bom-surabaya-sel- International Journal of Humanities 6, no. 1 pasif. (2015): 115–125.

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Muhd Imran Abd Razak, et al nal factors such as the state of ignorance Rafiq & Nikita Malik,12 Kneip,13 and their sympathy and empathy for Anaedozie,14 Peladeu,15 Spencer,16 the current Islamic world. Unfortunate- Speckhard & Yayla,17 Strommen18 and ly, these sympathy and empathy which others19 studied the involvement of are not grounded on the true framework of knowledge, finally lead them 11 Mah Rukh-Ali, ISIS and Propaganda: How becoming extremists in religion. Thus, ISIS Exploits Women, Reuters Institute for the Study of Journalism, University of Ox- this paper discusses the involvement of ford, 2015). Malaysian women in the phenomenon 12 Haras Rafiq and Nikita Malik, “Caliphettes: of religious extremism based on the fiqh Women and the Appeal of Islamic State,” wasaiyyah approach. It also elaborates Quilliam Foundation, 2015. 13 on the factors behind the background of Katharina Kneip, “Female Jihad-Women in the ISIS,” POLITIKON The IAPSS Academic Malaysian women joining the Daesh Journa 29, no. 89 (2016): 88–106. group and their jihadist believes, and 14 F Anaedozie, “Has the Emergence of how the fiqh wasaiyyah approach con- Female Suicide Bombers in Nigeria fines the involvement of Malaysian Depicted the Exploitation of Feminine women in the phenomenon of religious Vulnerability? A Critical Appraisal of Boko Haram’s Female Suicide Bombers in extremism. Nigeria,” International Journal of Innovative Research & Development 5, no. 3 (2016): 217– Tunda Agara,5 Peresin,6 Petrou,7 Za- 227. 8 9 kariya, Pooley, Edwin Bakker & Seran 15 Hillary Peladeu, ““Support for Sisters Please”: de Leede,10 Mah-Rukh Ali,11 Haras Comparing the Online Roles of al-Qaeda Wom- en and Their Islamic State Counterparts” (Ph.D Theses, The University of Western Ontario, 5 Tunda Agara, “Gendering Terrorism: 2016). Women, Gender, Terrorism and Suicide 16 Amanda N. Spencer, “The Hidden Face of Bombers,” International Journal of Humani- Terrorism: An Analysis of the Women in ties 6, no. 1 (June 2015): 115-125. Islamic State,” Journal of Strategic Security 9, 6 Anita Perešin, “Fatal Attraction: Western no. 3 (2016): 74–98. Muslimas and ISIS,” Perspectives on 17 Anne Speckhard and Ahmet S Yayla, “The Terrorism 9, no. 3 (2015). Runaway Bride of ISIS: Transformation a 7 Michael Petrou, “What’s Driving Teen Girls Young Girl with a Dream to a Lethal ISIS to Jihad?,” Macleans 7 (2015). Enforcer,” (International Center for the 8 Rafia Zakaria, “Women and Islamic Study of Violent Extremism (ICSVE), 2017), Militancy,” Dissent 62, no. 1 (2015): 118–25. pp. 1-19. 9 Elizabeth Pooley, “A New Sisterhood: The 18 Strommen, E.E.J., Jihadi Brides or Female Allure of ISIS in Syria For Young Muslim Foreign Fighters? Women in Da’esh-from Women in the UK” (Doctoral dissertation, Recruitment to Sentencing (PRIO Center of Arizona State University, 2015). Gender, Peace and Security, 2017). 10 Edwin Bakker, Seran De Leede, and ICCT 19 Heinke, D. H., ICSR Insight-German Jihadists Background Note, “European Female in Syria and Iraq: An Update, 29 of February Jihadists in Syria: Exploring an under- 2016, http://icsr.info/2016/02/icsr-insight- Researched Topic,” ICCT Background Note german-jihadists-syria-iraq-update/; (The Hague: International Centre for Hamed el-Said & Barrett, R., Enhancing the CounteræTerrorism The Hague, 2015). Understanding of the Foreign Terrorist Fighters

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The Fiqh Wasa’iyyah Approach Towards the Involvement of Malaysian Women . . . women in the Daesh group, however, Daesh’ ideology on religious extremism their researches have raised many im- and the threats it brought to the Malay- portant questions, as they put emphasis sia national security. There were also more on statistical data, the roles, fac- discussions on the factors which have tors of involvement and the profile of driven the spread of this ideology. women involving with the Daesh However, these researches were not fo- group. Based on these bases, Haleh cusing on the involvement of Malaysian Isfandiari et al.,20 Sali Bitar21 and Mehra women who particularly have their Shirazi22 have decided to study the own influences and factors. pressure faced by these women in the Other than that, the studies of Ros- Daesh group which finally forced them lan Mohd Nor (2015),27 Sihabuddin Af- to become a suicide bombers and get- roni28 and Zolkharnain29 have shed ting involved in humanitarian crimes light on the stand of Islam in rejecting such as slavery and rape. religious extremism. Other researchers, In Malaysia, Hanif,23 Maszlee et al,24 including Rahimin Affandi,30 analysed Osman & Arosoaie,25 Siti Naqiayah et the relationship between religious ex- al,26 Schulze and Liow have studied the tremism and the KhawSrij understanding based on the view of maqSid al-

shark‘ah. Meanwhile, Nasaruddin Phenomenon in Syria (Laporan Akhir, United Nations Office of Counter-Terroris, July 2017). 20 H Esfandiari, et al., Barbarians: ISIS’s Mortal Threat to Women (Wilson Center, Middle East Program, 2014). (ISIS) Di Malaysia,” IslSmiyySt 40, no. 2 21 S Bitar, “Sexual Violence as a Weapon of War: (2018): 95–103. The Case of ISIS in Syria and Iraq” (Master 27 Roslan Mohd Nor, “Ekstremisme Rentas theses, Uppsala University). Agama Dan Tamadun,” in Kefahaman Islam 22 Mehra Shirazi, “Investigating Sexual and Semasa Di Malaysia: Isu Dan Cabaran (Shah Gender-Based Violence as a Weapon of War and Alam: Persatuan Ulama Malaysia, 2015), a Tool of Genocide against Indigenous Yazidi 154. Women and Girls by ISIS in Iraq” (Master 28 Sihabuddin Afroni, “Makna Ghuluw Dalam Theses, Oregon State University, 2016). Islam: Benih Ekstremisme Beragama,” 23 Hanif Yusabra Yusuf, Islamic State (IS): Im- Wawasan: Jurnal Ilmiah Agama Dan Sosial plikasi Kepada Keselamatan Malaysia (t.tmp.: Budaya 1, no. 1 (2016): 74-75. t.p, t.t), p. 5-7. 29 Zolkharnain Abidin, Memahami Melampau 24 Maszlee Malik et. al, “Siapakah ISIS?,” in dalam Beragama (Perlis: Nyza Bestari Ent, ISIS (Batu Caves: PTS Publishing House, 2016). 2016), p. 3, 45-46. 30 Rahimin Affandi Abdul Rahim et al, 25 Mohamed Nawab Mohamed Osman & “Menangani Fenomena Ekstremisme Aida Arosoaie, “Jihad in the Bastion of Agama Mengikut Perspektif Maqasid ‘Moderation’: Understanding the Threat of Syariah,” in Maqasid Al-Sharia’ah: Aplikasi ISIS in Malaysia,” Asian Security, 2018. Dalam Aspek Sosial Dan Perundangan (Kuala 26 Siti Naqiayah Mansor et al, “Ideologi Lumpur: Jabatan Fiqh dan Usul, Universiti Gerakan Islamic State of Iraq and Sham Malaya, 2016), p. 101–128.

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Umar31 has explained the problem of were two analyses conducted; first, by understanding, as well as literal and analysing the books, theses, journals, rigid interpretation on the concept of papers and the collections of Dabiq Islamic teachings which unfortunately magazine to understand the issues and become the root of radicalism, and can develop the objectives of the study. Se- only be solved through moderation, tol- cond, the interview method was ap- eration, and respecting the human plied to collect information from select- rights. Most recently, Khadijah Mohd ed informants which aimed to classify Khambali, Mustaffa Abdullah & Abd certain codes as important themes Karim Ali32 found that jihSd according based on the answers obtained from the to the Quran emphasizes on the ques- interviews.33 tion of good intentions, and requires a thorough study of reality and back- 33 For this research, we had selected a number ground. In short, jihSd is different from of individuals as informants, those who had terrorism which people have misunder- significant background with the research stood. themes and also had agreed to be interviewed. The first informant was Dr. Zami- All of the above studies are signifi- han Mat Zin, Head of Deradicalization Unit, cant for this paper, but the studies have Division of Religion, Malaysia Department of Prison, Ministry of Home Affairs. He was lack the information on one issue which the Ministry important individual in the de- s is fiqh wa aiyyah approach towards the radicalization process of the extremist de- involvement of Malaysian women in tainees in Malaysia. He was also one of the the phenomenon of religious extrem- 46 deradicalization panels appointed by the ism. Therefore, to discover the factors Ministry of Home Affairs. The interview with Dr. Zamihan was conducted in Kajang behind the reasons of why Malaysian Prison, Kajang, Selangor, on the 4th of De- women join the Daesh group, together cember, 2017. The second person was Dr. with their understanding on jihSd, as Abdullaah Jalil,Senior Lecturer in Faculty of well as how the fiqh wasaiyyah ap- Economy and Muamalat, Malaysia Islamic proach help to constrain the involve- Science University (Universiti Sains Malaysia, USIM), in Nilai. He was also one ment of Malaysian women in religious of the 46 deradicalisation panels appointed extremism, this study has adopted qual- by the Ministry of Home Affairs and was itative method of research by combin- directly involved in the deradicalisation ing the library and field research. There process of the extremist detainees with Malaysia Royal Police since 2006. The interview with him was conducted in USIM 31 Nasaruddin Umar, Deradikalisasi Pemahaman on the 13th of July, 2018. The third person al-Qur’an & Hadis (Jakarta: PT Elex Media was SAC Datuk Ayob Khan Mydin Pitchay, Komputindo, 2014). Assistant Director of Counter Terrorism, 32 Khadijah Mohd Khambali, Mustaffa Special Branch (E8), Bukit Aman. He was an Abdullah, and Abdul Karim Ali, “Idealism important Malaysia Royal Police individual of Jihad and War from the QurŽanic who dealt with the threats of the extremist Perspective,” Al-Bayan: Journal of Qur’an and groups in Malaysia. The interview was Hadith Studies 15, no. 2 (2017): 240–260. conducted at Division of Counter Terrorism

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The Internal Factors and Under- For this reason, these people are ex- standing of JihSd which Have Led ploited in the spirit of revenge against Malaysian Women to Join the the unbelievers, even to the Muslims Daesh Group who are considered apostate for understanding Islam through other perspec- From basic viewpoint, the thinking tives which they considered as mislead- which underlying the practice of reli- ing. For example, the case of attack at- gious extremism is first, due to the state tempted against the non-Muslim voters of ignorance. According to al-Luwaihiq, in the 14th General Election clearly religious extremism can be occurred shows the state of ignorance on identi- due to lack understanding of the al- fying the real enemies of Islam and the Quran, al-Sunnah, manhSj salaf al-SliÊ, boundaries of jihSd and violent.36 maqSid al-shark±ah, sunnatullah, the truth of faith and its relationship with prac- Therefore, the interview data (2017 tices, types of law, types of human be- & 2018) of the cases involving Malaysi- ings, pattern of the Arabic language and an women have showed the intention of the history of the Muslims.34 Sihabudin repentance for living in a life mislead- Afroni, in describing the study done by ing away from religion, however, they al-Luwaihiq regarding to the state of have accidently chosen wrong teachers ignorance that lead to religious extrem- and friends which finally led them to ism agreed that the misunderstanding the wrong group. They were guided to on the truth of religion will finally lead join discussions over the social media, to religious extremism. These extremists giving bay±ah and helping terrorists who have good knowledge on the teaching they regarded as true fighters. These of religion, however, they have misun- women were also educated and have derstood the true meaning of jihSd. made self-interpretation regarding the They believe with the understanding news they came across through the in- they have about religion, yet, they do ternet without cross-referencing with not comprehend the real teaching of re- the real authorities and the scholars of ligion especially in the matter of jihSd.35 ahl al-sunnah wa al-jamS±ah.37 These

(E8), Special Branch, Bukit Aman, Kuala Lumpur on the 16th of July, 2018. Jihad Dan Terorisme (Perspektif Tokoh 34 ‘Abd al-Rahman MuGalla Al-Luwaihiq, Ormas Islam Sumatera Utara),” Jurnal Ilmu Mushkilat al-Ghuluw fi al-Din fi al-‘Asri al- Syari’ah Dan Hukum 46, no. 1 (2012): 53–82. Hadir (Beirut: Muassasah al-Risalah, 1999); 36 Ayob Khan Mydin Pitchay, interview with Khadijah Mohd Khambali, Mustaffa researchers, 16th of July, 2018; Rahimin Abdullah & Abd Karim Ali, “Idealism of Affandi Abd Rahim et al., “Menangani Jihad and War from the QurŽanic Fenomena Ekstremisme Agama Mengikut Perspective,” p. 240-260. Perspektif Maqasid Syariah”. 35 Sihabuddin Afroni, “Makna Ghuluw dalam 37 Zamihan Mat Zin, an interview with the Islam: Benih Ekstremisme Beragama,” p. 74- researchers, 4th of December, 2017; Rahimin 75; Saidurrahman Saidurrahman, “Fiqh Affandi Abd Rahim et al., “Menangani Fe-

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Muhd Imran Abd Razak, et al women have neglected the culture of Ummi Kalsom Bahak who was reported knowledge which emphasis on the planning to marry Aqief Huessin, a truth and the value of akhlSq as they Daesh fighter in Syria. There were also were influenced by the spirit of reck- other cases such as the cases of Shams, lessness due to the strong feeling of Siti Noor Aishah, Syamimi Faiqah sympathy and empathy.38 Sulaiman and others who planned to do the same because they had already es- The second factor refers to the feel- tablished relationship with the Daesh ing of sympathy and empathy.39 One fighters, which finally led them to have important aspect which has influenced the intention of migrating to these un- the Malaysian women to participate in stable lands in the name of jihSd and hi- Daesh group is the feeling of sympathy jrah. and empathy towards the oppression faced by the Muslims who live in the This act of emigration (hijrah) is re- unstable regions such as Syria and Iraq. ferred as the marriage jihSd. We did not Due to this misunderstanding to value find this term used in the Dabiq maga- the truth and its priority, these feelings zine (published by the Daesh), yet the are exploited by the recruiters of the motive and its relevance can be found Daesh group, persuading to contribute in the call to emigration for women as and help the people of the same reli- stated below: gion. One of the ways is to marry the Nourish your love of Allah and His Daesh fighters by leaving husband or Messenger. It is essential for you to 40 family, even current job, behind. The love Allah and His Messenger more evidence can be referred to the case of than your own selves, your husbands, your children, and your par- R nomena Ekstremisme Agama Mengikut ents. Follow the example of siyah – Perspektif Maqasid Syariah.” the wife of Pharaoh – who left the S 38 Abdullaah Jalil, an interview with the Duny for Allah and the Hereafter researchers, 13th of July, 2018. although she was a queen and had 39 Riyad Hosain Rahimullah, Stephen Larmar, the wealth of the DunyS. She was and Mohamad Abdalla, “Understanding tortured and killed because of this Violent Radicalization amongst Muslims: A choice, but Allah kept her firm and Review of the Literature,” Journal of raised her above many women.41 Psychology and Behavioral Science 1, no. 1 (2013): 19–35;. Jean M Twenge et al., “If You The call emphasised on the im- Can’t Join Them, Beat Them: Effects of portance and encouragement for wom- Social Exclusion on Aggressive Behavior.,” en to emigrate. One of the interviewed Journal of Personality and Social Psychology 81, respondents, who was also representing no. 6 (2001): 1058–1069. the Daesh women gave explanation on 40 Muhd Imran Abd Razak et al., “Application of Maqasid Al-Shari’ah In Evaluating Fiqh what the Dabiq magazine had pro- Jihad of Religious Extremism,” Journal of Fundamental and Applied Sciences 10, no. 6 41 “From Hypocrisy to Apostasy the Extinc- (2017): 2454–2472. tion of the Grayzone”, Dabiq 7, p. 51.

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The Fiqh Wasa’iyyah Approach Towards the Involvement of Malaysian Women . . . claimed, that the intention to emigrate into concern when the girls went out to for the sake of Allah SWT superseded travel in the land of the West.42 the intentions to do other things and In addition, the act of musSfir with- women must follow the historical guid- out maÊrSm is related to the extreme tak- ance of ‹Aisyah, the wife of Pharaoh, fkrk believe adopted by the Daesh group. who was willing to be sacrificed for the They suggest easy cancellation of mar- sake of religion. Nevertheless, the call riage simply because of having different also can be referred to the call for wom- thinking stream. Again, the evidence en outside the Daesh region to leave can be identified in the Dabiq magazine, behind everything they have including which mentioned that in the aspect of their husbands, children and parents marriage, a husband or wife can be con- they love in the name of Allah The Al- sidered apostate for not supporting or mighty. adopting the same believe about Islam Other than that, the fiqh understand- and they are no longer considered ing of the Daesh regarding the law of spouses. They are abandoned to live to- women to travel without maÊrSm is also gether under one roof, unless the apos- related to the concept of the marriage tate spouse willing to repent and sup- jihSd and emigration (hijrah) from DSr port the stream of religion adopted by al-Kufr to DSr al-IslSm. Only these kinds the Daesh. If not, the children will be of jihSd and hijrah are recognised by Is- considered as the result of adultery due lam. As referred to the Dabiq magazine, to the cancellation of the marriage.43 their statements towards migrating The combination of arguments from the without maÊrSm were seen firm and Quran and Sunna are literally used to harsh. They harshly criticised families make women’s musSfir without maÊrSm who tend to be Muslims, yet later as legal by referring to the immigration lodged on a police report to stop their from DSr al-Kufr to DSr al-IslSm and the daughters from immigrating to the adopted takfkrk believe. As it is consid- Daesh land of Islam, even though being ered as obligation, women must be accompanied by their husbands, how- obliged to travel with maÊrSm, there- ever, they let the daughters travel fore, they use the arguments related to around the Western land without emotions and the historical narration maÊrSm. They also criticised the socie- about women and jihSd to attract wom- ty’s view on justifying the law in the en to join them hand-in-hand which aspect of musSfir without maÊrSm, in the persuade these women to travel to their meantime, they disagreed with the con- land. cept of hijrah itself. Talking about law was considered as giving excuses only, because, the law issues did not come 42 Ibid., 7, pp. 34-35. 43 “The Law of Allah or the Laws of Men”, Dabiq 10, p. 44.

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There are also implications of the ex- The Fiqh Wasaiyyah Approach to tremism phenomenon which found Constrain the Involvement of Ma- women as victims such as war prisoners laysian Women in Religious Ex- and eventually became enslaved. These tremism women were captured as either for be- In the effort of confronting with the ex- coming the enemy soldier or women treme believes, scholars like al- who were regarded as defined by this Qaradawi and Ben Bayyah have sug- group. In this issue, the fiqh jihSd as un- gested a moderate approach (wasaiy- derstood and practiced by the Daesh yah) in interacting with the law of Islam. group refers to the act of enslaving the According to al-Qaradawi, a moderate infidel women, meanwhile the men are (wasaiyyah) manhSj refers to equilibrium killed. This is regarded as the most and moderations in everything; in popular issue when it comes to the ±aqkdah, akhlSq, mu±Smalah, and laws as Daesh group. According to the report of well as far from exceeding and trans- al-Jazeera, in the month of August, cending.45 Al-Qaradawi46 has inserted a 2014, the Daesh group had attacked a number of basic principles in his writ- village of the Yazidi people in Sinjar ings. Among them are: province, northern Iraq. They had killed at least 5,000 men and enslaved 7,000 First, to ease and give good news. women, meanwhile the rest 40,000 peo- This principle of ‘to ease’ plays im- ple fled into the mountains.44 Even portant role in determining the laws though this issue has not related to the and fatwS, meanwhile ‘to give good Malaysian women, it is related to the news’ is an encouraged act in the pro- believe of jihSd adopted by this group, cess of da±wah and spreading reminders including Malaysian women who have become members of this group, which must be encountered only through the 45 Muhammad Yusuf al-Qaradawi, “al- real understanding of the law. Wasatiyyah wa al-I‘tidal”, Mu‘tamar Wasa- tiyyah: Mukhtarat min Fikr al-Wasatiyyah.

http://www.wasatia.org/wpcontent/uploads/2010/05/book.pdf

46 The concept of this wasaiyyah has been explained by us in the literature reviews as found in Muhammad Imran Abdul Razak et al, “Metode Berfatwa Dalam Realiti Semasa Di Malaysia,” in Wacana Pemikiran Dan Tamadun Islam (Perak: Universiti Teknologi Mara, 2019), 351–368.; Mohd Anuar Ramli 44 Beck, J., “Iraq’s Yazidis Living in Fear on et al., “Relevansi Pendekatan Wasatiyyah Mount Sinjar,” al-Jazeera, 26 Julai 2016, Menurut Al-Qaradawi Bagi Menangani http://www.aljazeera.com/news/2016/07 Ikhtilaf Fiqh Dalam Kalangan Masyarakat /iraq-yazidis-living-fear-mount- Islam Nusantara,” Jurnal Wasatiyyah sinjar160726063155982.html. Malaysia 1, no. 1 (2018): 7–20.

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The Fiqh Wasa’iyyah Approach Towards the Involvement of Malaysian Women . . . to the people.47 There are two types of only by interacting with the changes of making ease in determining the law of time and place.51 fiqh. One, is to make it easy to be under- Third, the middle ground between stood by the people.48 Second, to ease 2Shiriyyah and the members of ta²wkl. the practice and implementation of the Among the principles of wasaiyyah is to law of fiqh in daily life. Nevertheless, take the middle ground between under- this principal does not intend to loosen standing the literal meaning of the na up the na which its obligation has and to expand the space for ta²wkl with- been stated clearly. For reason, maqSid out discipline or particular yard stick. or the purpose of Islamic law is to en- The stream of 2Shiriyyah inclines to un- sure safeties and the state of well-being derstand na simply through literal in the world and hereafter.49 meaning as well as ignoring the aspects Second, to combine between of maqSid and its aspect of ta±lkl. salafiyyah and tajdkd. Salafiyyah accord- This approach often leads to narrow ing to al-Qaradawi refers to the return understanding of the na and harsh le- towards the origin and sources of al- gal decisions. In fact, this streamline of- shark±ah which are the Quran and al- ten considers those who try to define Sunnah. Meanwhile, tajdkd refers to the the na and try to understand its pur- present contexts and reality as well as pose as committing the act of heresy. 52 become free from ignorance and blind Meanwhile, there also members who taqlkd.50 In order to achieve the state of tend to delegate the na so excessively wasaiyyah, these two aspects must be which eventually ignore the verse itself combined. For reason, these two mat- for the reason to safeguard the maqSid ters are not conflicting with one anoth- al-shark‘ah and malaÊah.53 Members of er, likewise, they are completing each this group majorly have often being in- other. For example, the Prophet peace fluenced by external thinking styles be upon him explained that religion will such as liberalism that magnify human always be developed and expanded. reasoning and dare to ignore the Islamic The nature of Islam as a relevant reli- law.54 Thus, the position of wasaiyyah gion as the time passes will last longer streamline lies in the middle of these

47 Al-Qaradawi, “al-Wasatiyyah wa al-I‘tidal”, two streams by accepting the descrip- pp. 75-76. 48 Muhammad Yusuf al-Qaradawi, Nahw Fiqh 51 Ibid., p. 81. Muyassar Mu‘asir. (Qahirah: Maktabah 52 Al-Qaradawi, Dirasah fi Fiqh Maqasid al- Wahbah, 1996), pp. 16-23. Shari‘ah, pp. 59-64. 49 Muhammad Yusuf al-Qaradawi, al-Maqasid 53 See for example, Edi Kurniawan, “Distorsi al-‘Ammah li al-Syari‘ah al-Islamiyyah (USA: Terhadap Maqasid Al-Syari‹ah Al-Syatibi al-Maahad al-‘Ali li al-Fikri al-Islami, 1994), Di Indonesia,” Al-Risalah 18, no. 2 (2018.): p. 79. 175–194. 50 Al-Qaradawi, “al-Wasatiyyah wa al-I‘tidal”, 54 Al-Qaradawi, Dirasah fi Fiqh Maqasid al- p. 78. Shari‘ah, pp. 93-102.

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Muhd Imran Abd Razak, et al tion of na however, with particular literal Êadkth without understanding its restrictions and does not overlimit purpose of Islamic law and how to de- which at the end ignore the na itself. rive law from it.56 Therefore, the combination of these two disciplines can lead Fourth, balancing between the mat- to a sound and comprehensive legal de- ters of thawSbit (permanent) and muta- cision. ghayyirSt (changeable). ThawSbit refers to permanent religious matters which Sixth, celebrating the reality. One of can’t be altered, for example in the mat- the important wasaiyyah approaches is ter of ±aqkdah, the obligatory ±ibSdah, the to lean the law against the reality, principles of akhlSq and dalkl qat±iyy. which also take malaÊSt and mu²SrSt Meanwhile, mutaghayyirSt refers to the into consideration. Celebrating this real- matter of furˆ‘ which can receive altera- ity is important to take a simple ap- tion according to the present context, proach. This is so that a given legal de- for example the knowledge of agricul- cision has something to do with current ture, medical, and engineering. There- reality and not just a fantasy.57 There- fore, the approach of wasaiyyah com- fore, a few things need to be kept in bines these two aspects and equilibrate mind so that the action is always in them, such as to be firmed in the mat- keeping with the reality at present. ters of furˆ‘ also in the form of juz’iyyah; Among them is to understand the con- to be firmed in the matter of religion cept that the law changes within the and akhlSq, however becomes more flex- changes of time and place.58 ible in the worldly matters.55 Seventh, to understand a juz’i na in Fifth, to combine fiqh and Êadkth. The the framework of a comprehensive al- approach of wasaiyyah according to al- shark±ah. Al-Qaradawi always suggests Qaradawi combines fiqh and Êadkth to that the understanding of the na must deal with problems. Every fatwa issued be in line with the meaning of al- under this principle will be contextual shark±ah. The negligence in understand- and profound. The separation between ing the maqSid will cause a great deal of fiqh and Êadkth causes confusion in the misunderstanding, which considers Is- legal process. A fiqh expert who does lam as no longer fits different places not master the knowledge of the Êadkth and times.59 Eventually, if it is deeply will be exposed to his own judgment understood, there is no contradiction in which is derived based on weak Êadkth accepting the juz²i na and at the same and will not be accepted as a legal basis. Whereas a master of Êadkth who does 56 Rumaizuddin Ghazali, Yusuf al-Qaradawi not strengthen the knowledge in fiqh dan Pengaruhnya Dalam Masyarakat Islam di may derive a legal decision based on a Malaysia (Nilai: Penerbit USIM, 2012), p. 88. 57 Ibid., pp. 99-100. 55 Al-Qaradawi, “al-Wasatiyyah wa al-I‘tidal”, 58 Ibid., pp. 99-100. pp. 87-89. 59 Ibid., p. 102.

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The Fiqh Wasa’iyyah Approach Towards the Involvement of Malaysian Women . . . time accepting the complete framework hijrah to legalise the act of leaving hus- of maqSid al-shark‘ah. This is due to the band or wife. It was true that in the nature of Islam itself that every law ex- days of the Prophet’s (peace be upon ists with the purpose to bring benefits him) hijrah from Mecca to Yathrib, Mus- to human kind. Therefore, it is clear that lim women were obliged to emigrate the juz²i na can be understood accord- even without their parents 'or hus- ing to the framework of its definition of bands' consent as only the non-believers comprehensive shark±ah without any col- were still living in Mecca and did not lision.60 emigrate.62 However, according to the agreements of previous fuqahS’, the par- Based on the guidelines presented, ticipation of women in the activities of we found a number of main approaches jihSd al-alSb is not compulsory, yet, which can be applied as the approach of traveling with the maÊrSm is an obliga- anti-terrorist fiqh wasaiyyah as follow: tory. Thus, it is understandable that in addition to the context of the hijrah al-

1. To balance between the textual Rasul and the jihSd al-difa', a woman is and contextual obliged to be accompanied by her The uunderstanding of Islamic law maÊrSm in any form of musSfir.63 There- based on the arguments of the Quran fore, the balance between the texts of and Sunna must be viewed as a whole. the dalkl must be done together with its The Daesh group's understanding in the requirement so that the dalkl are not form of selective juz'i has caused some manipulated for the sake of their re- of the arguments of the shark±ah to be spective political interests. seen as promoting absolute violence. This matter can be observed in the example of their understanding of the

Quranic verses which call for the killing 62 Al-Qaradawi, Fiqh al-Jihad, vol. I, pp. 131- of the unbelievers as a whole, but the 132. verse refers to different context which is 63 ‘Alau al-Din Abu Bakar al-Kasani, Bada’i‘ al- the warfare involving the cruelty of the Sana’i‘ fi tartib al-Shara’i‘, vol. IX (Beirut: Dar infidel armies towards the Muslims. 61 al-Kutub al-‘Ilmiyyah, 2003), p. 4301; Shams al-Din Sheikh Muhammad ‘Arfah Al- Another example can be found in the Dusuqi, Hashiyah al-Dusuqi ‘ala Sharh al- use of arguments regarding the events Kabir, vol. II (t.t.p: Tiba’ Badan Ihya’ al- of the Prophet's (peace be upon him) Kutub al-‘Arabiyyah, t.t), p. 176; Muhy al- Din al-Nawawi, al-Majmu‘ Sharh al- Muhadhdhab li al-Shirazi, vol. XIX (Jeddah: 60 Al-Qaradawi, Nahw Fiqh Muyassar Mu‘asir, Maktabah al-Irshad, t.t), p. 270; Abi p. 90. Muhammad ‘Abd Allah Ahmad Ibn 61 Al-Qaradawi, Muhammad Yusuf, Fiqh al- Qudamah, al-Mughni, vol. XIII (Riyad: Dar Jihad: Dirasah Muqaranah li ahkamihi wa falsa- ‘Alim al-Kutub, 1997), p. 9; Al-Shirazi, Abu fatihi fi daw al-Quran wa al-Sunnah, vol. I Ishaq, al-Muhadhdhab fi Fiqh al-Shafi‘i, vol. V (Qahirah: Maktabah Wahbah, 2009), p. 311. (Dimashq: Dar al-Qalam, 1996), p. 241.

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2. To consider the reality at time cause of this urgency to develop mutual and place support among each other.65

One characteristic of the fiqh is the Nevertheless, the law to enslave practicality and celebrating the reality people is mubSÊ, not wSjib.66 To look at at time. If not, the laws of Islam will be this view in wider context, the long his- rigid, closed and hard. The debates tory of the expansion of Islam had wit- among the previous ±ulamS’ were made nessed the success of Islam in freeing based on different realities. The texts of people from the slavery system by im- dalkl shar±k also are varied as they were posing different types of law which led derived based on the methodology of to the freedom of the slave. As a result, law in different situations, not only we barely see slavery system being through literal understanding. The un- practiced at present by the Muslims at derstanding and practice of the Daesh the entire of the world. Dues to this ar- group has made the texts as literal argument, we believe that the debate on guments and created tensions and vio- the law of the prisoner of war should be lent crimes which has jeopardised the initiated by taking the reality at time image of Islam. For example, when the into consideration. At present, we can Daesh group enslaved the non-Muslim observed international treaties signed women, they actually showed an irre- by governments to discuss about the spective act towards the international methods to solve the issues regarding treaty signed among countries and this the prisoner of war.67 As the fuqahS’ cat- action has brought bad image to the Is- lamic law. As referred to the issue of 65 Sahih al-Bukhari, Kitab al-Adab, Bab Ma women detainees, the fuqahS’ are found Yunha min al-Sibab wa al-La‘an, no. 6050, Al-Bukhari, Abu ‘Abd Allah Muhammad to agree on their merits based on some Isma‘il, “Sahih al-Bukhari”, in Mausu‘ah al- clear arguments on the matter. It is con- Hadith al-Sharif, p. 511 and "Sahih Muslim", sidered relevant because the system of Kitab al-Iman, Bab It‘am al-Mamluk Mim- slavery has long been accepted by the ma Ya’kul, no. 1661, Muslim al-Hajjaj Abu whole world.64 In this regard, there is a Husain al-Qushairi al-Naisaburi, “Sahih Muslim”, in Mausu‘ah al-Hadith al-Sharif, p. Ê k ad th that emphasizes on the care of a 969. person's well-being even though they 66 Abi Muhammad ‘Abd Allah Ahmad Ibn are recognized as slaves. Women and Qudamah, al-Mughni, vol. 13 (Riyad: Dar children given to the Muslim families ‘Alim al-Kutub, 1997), pp. 46-47. 67 were handsomely treated maybe be- For example Article 4, Universal Declara- tion of Human Rights wrote; “No one shall be held in slavery or servitude. Slavery and 64 Paul E Lovejoy, “The African Diaspora: the slave trade shall be prohibited in all Revisionist Interpretations of Ethnicity, their forms”. United Nations (UN) (1948), Culture and Religion under Slavery,” The Universal Declaration of Human Rights. Studies in the World History of Slavery, Refer to Abolition, and Emancipation 2, no. 1 (1997): 1– http://www.un.org/en/documents/udhr/ 23. index.shtml#a4.

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The Fiqh Wasa’iyyah Approach Towards the Involvement of Malaysian Women . . . egorise this matter under the discussion in deciding the Êukm. Since the fall of of siySsat al-shar‘iyyah and include the KhilSfah UthmSniyah, the Islamic coun- best considerations which suite the tries are not confined in one DSr al- time, present solution regarding to the IslSm, however, separated by geograph- reality of slavery should be taken seri- ical borders and the nation state as well ously because to live up the slavery sys- as bound by various local and global tem through harshness will invite a regulations as countries. Thus, the pri- great deal of slander towards the teach- ority consideration of the Muslims has ings of Islam in general and to the Mes- shifted from hegemony of power and senger of Allah peace be upon him and authority to a divided nation state sepa- the early generation of Islam in particu- rated in the form of specific national lar. identity. Consequently, harsh interpretation on the dalkl shar±k brings a signifi- The same argument goes to the ty- cant impact on Muslims both locally pology, the separation of countries at and globally. The methods of interpret- times of war, the encouragement to em- ing the law that emphasize greater igrate without paying attention to the malaÊSt are needed to address the cur- women’s safety, the calls to launch the rent situation of Muslims and at the lone-wolf attacks, the implementation same time respecting classical fiqh of Islamic law without the emphasis on texts.69 For example, the interpretations justice and so on. These actions are evi- of peaceful fiqh jihSd such as the jihSd in dences which at the end assimilate the pursuing knowledge, combating the Daesh group with religious extremism, nafs, and expanding the economy of also bring bad image to the harmony of Muslims need to be emphasised more Islamic law if all these actions are not than the call for jihSd in the form of war properly addressed.68 and creating conflicts with other countries including towards the non-

3. The emphasis on the interpreta- Muslims who share life inspired on tion of the na that reflects the peace. global welfare of Muslims by pursuing maslaÊSt and denying mu²SrSt Conclusion The situations of Muslims at present The involvements of Malaysian women need more attention and consideration in the Daesh group are found to be based on the internal factors, including the feeling of sympathy and empathy 68 Muhd Imran Abd Razak et al., “Analisis Isu-Isu Hukum Islam Berkaitan Wanita Dalam Fiqh Jihad Aliran Ekstremisme 69 Muhammad Yusuf al-Qaradawi, Fi Fiqh al- Agama,” UMRAN-International Journal of Awlawiyyat wa Dirasah al-Jadidah fi Dau’ al- Islamic and Civilizational Studies 6, no. 1 Qur’an wa al-Sunnah (Qahirah: Maktabah (2019): 63–78. Wahbah, 1996), pp. 83-84.

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Muhd Imran Abd Razak, et al towards the situation of the Muslim Acknowledgement world. This reason has encouraged These findings are part of the S them to join the movement of jih d by FRGS/1/2019/SSI03/UM/02/6 re- marrying the Daesh warriors and leav- search grant entitled "Module Devel- ing behind their careers as well as fami- opment on the Deradicalisation of Reli- lies. As a result, they are exposed to a gious Terrorism based on the Local Ma- bigger problem which is identified as lay-Muslim Approach" awarded by the national security threat. The practice of Ministry of Education, Malaysia (MOE). takfkrk and extreme believe in the matters of jihSd, hijrah and dawlah have created a chaotic state of thinking in the Bibliography minds of these women. Apparently, the description of law literally and partially Journals and Articles without taking into consideration the reality of the present has developed Afroni, Sihabuddin. “Makna Ghuluw misleading understanding about the Dalam Islam: Benih Ekstremisme teachings of Islam as a peaceful religion, Beragama.” Wawasan: Jurnal Ilmiah also it developed continuous conflicts Agama Dan Sosial Budaya 1, no. 1 among the family members, even (2016): 70–85. among the members of the society. Agara, Tunda. “Gendering Terrorism: Therefore, looking at the implications, Women, Gender, Terrorism and this group needs to be handled firmly Suicide Bombers.” International and wisely by all parties especially the Journal of Humanities 6, no. 1 (2015): government of Malaysia through 115–25. measures of prevention, controlling and Almira, M. Magdalena Martinez. eradicating according to the laws and “Women in Jihad: A Question of effective methods of deradicalization Honour, Pride and Self Defence.” education. At the same time, feedback World Journal of Islamic History and in the form of counter-discourse (anti- Civilization, 2011, 27–36. violent form of fiqh wasaiyyah dis- Anaedozie, F. “Has the Emergence of course) and counter-ideology must be Female Suicide Bombers in Nigeria implemented with the aims of portray- Depicted the Exploitation of ing the nature of moderation in Islamic Feminine Vulnerability? A Critical teachings which at the end realises the Appraisal of Boko Haram’s Female image of Islam as a religion of raÊmatan Suicide Bombers in Nigeria.” li al-‘Slamkn. International Journal of Innovative Research & Development 5, no. 3 (2016): 217–27. Bakker, Edwin, Seran De Leede, and ICCT Background Note. “European

Al-Risalah Vol. 19, No. 2, December 2019 119

The Fiqh Wasa’iyyah Approach Towards the Involvement of Malaysian Women . . .

Female Jihadists in Syria: Exploring Nor, Roslan Mohd. “Ekstremisme an under-Researched Topic.” ICCT Rentas Agama Dan Tamadun.” In Background Note. The Hague: Kefahaman Islam Semasa Di Malaysia: International Centre for Isu Dan Cabaran, 154. Shah Alam: CounteræTerrorism The Hague, 2015. Persatuan Ulama Malaysia, 2015. https://icct.nl/wp- Osman, Mohamed Nawab Mohamed, content/uploads/2015/05/ICCT- and Aida Arosoaie. “Jihad in the Bakker-de-Leede-European-Female- Bastion of ‘Moderation’: Jihadists-In-Syria-Exploring-An- Understanding the Threat of ISIS in Under-Researched-Topic- Malaysia.” Asian Security, 2018. April2015.pdf. https://doi.org/10.1080/14799855.2 Khambali, Khadijah Mohd, Mustaffa 018.1470508. Abdullah, and Abdul Karim Ali. Perešin, Anita. “Fatal Attraction: “Idealism of Jihad and War from the Western Muslimas and ISIS.” QurŽanic Perspective.” Al-Bayan: Perspectives on Terrorism 9, no. 3 Journal of Qur’an and Hadith Studies (2015).http://www.terrorismanalyst 15, no. 2 (2017): 240–60. s.com/pt/index.php/pot/article/vi https://doi.org/https://doi.org/10. ew/427. 1163/22321969-12340053. Petrou, Michael. “What’s Driving Teen Kneip, Katharina. “Female Jihad- Girls to Jihad?” Macleans 7 (2015). Women in the ISIS.” POLITIKON http://www.macleans.ca/society/t The IAPSS Academic Journa 29, no. 89 een-girl-jihadists/. (2016): 88–106. https://iapss. Pooley, Elizabeth. “A New Sisterhood: org/wp-content/uploads2014 The Allure of ISIS in Syria For /10/Volume-29.pdf#page=88. Young Muslim Women in the UK.” Kurniawan, Edi. “Distorsi Terhadap Arizona State University, 2015. Maqasid al-Syari‹ah al-Syatibi di https://repository.asu.edu/attachm Indonesia.” Al-Risalah 18, no. 2 ents/150544/content/Pooley_asu_0 (2018): 175–94. https://doi.org 010N_14808.pdf. /https://doi.org/10.30631/al- Rafiq, Haras, and Nikita Malik. risalah.v18i2.301. “Caliphettes: Women and the Lovejoy, Paul E. “The African Diaspora: Appeal of Islamic State.” Quilliam Revisionist Interpretations of Foundation, 2015. Ethnicity, Culture and Religion Rahim, Rahimin Affandi Abdul. under Slavery.” Studies in the World “Menangani Fenomena History of Slavery, Abolition, and Ekstremisme Agama Mengikut Emancipation 2, no. 1 (1997): 1–23. Perspektif Maqasid Syariah.” In https://rampages.us/soutsey/wp- Maqasid Al-Sharia’ah: Aplikasi Dalam content/uploads/sites/13104/2015/ Aspek Sosial Dan Perundangan, 101– 11/The-African-Diaspora.pdf. 28. Kuala Lumpur: Jabatan Fiqh dan

120 Vol. 19, No. 2, December 2019 Al-Risalah

Muhd Imran Abd Razak, et al

Usul, Universiti Malaya, 2016. and Paiz Hassan. “Analisis Isu-Isu Rahimullah, Riyad Hosain, Stephen Hukum Islam Berkaitan Wanita Larmar, and Mohamad Abdalla. Dalam Fiqh Jihad Aliran “Understanding Violent Ekstremisme Agama.” UMRAN- Radicalization amongst Muslims: A International Journal of Islamic and Review of the Literature.” Journal of Civilizational Studies 6, no. 1 (2019): Psychology and Behavioral Science 1, 63–78. no. 1 (2013): 19–35. Saidurrahman, Saidurrahman. “Fiqh http://jpbsnet.com/journals/jpbs/ Jihad Dan Terorisme (Perspektif Vol_1_No_1_December_2013/3.pdf. Tokoh Ormas Islam Sumatera Ramli, Mohd Anuar, Muhammad Izzul Utara).” Jurnal Ilmu Syari’ah Dan Syahmi Zulkepli, Muhamad Sayuti Hukum 46, no. 1 (2012): 53–82. Mansor, Rahimin Affandi Abdul https://doi.org/http://dx.doi.org/ Rahim, Muhd Imran Abd Razak, 10.14421/asy-syir’ah.2012.%25x. and Jabatan Fiqh dan Usul. Siti Naqiayah Mansor, Salasiah Hanin “Relevansi Pendekatan Wasatiyyah Hamjah, Izzah Nur Aida Zur Raffar. Menurut Al-Qaradawi Bagi “Ideologi Gerakan Islamic State of Menangani Ikhtilaf Fiqh Dalam Iraq and Sham (ISIS) Di Malaysia.” Kalangan Masyarakat Islam IslSmiyySt 40, no. 2 (2018): 95–103. Nusantara.” Jurnal Wasatiyyah Speckhard, Anne, and Ahmet S Yayla. Malaysia 1, no. 1 (2018): 7–20. “The Runaway Bride of ISIS: Razak, at al Muhammad Imran Abdul. Transformation a Young Girl with a “Metode Berfatwa Dalam Realiti Dream to a Lethal ISIS Enforcer,” Semasa Di Malaysia.” In Wacana 2017. Pemikiran Dan Tamadun Islam, 351– https://www.researchgate.net/prof 68. Perak: Universiti Teknologi ile/Anne_Speckhard/publication/3 Mara, 2019. 19402420_The_Runaway_Bride_of_I Razak, Muhd Imran Abd, M A Ramli, R SIS_Transformation_a_Young_Girl_ A Abdul Rahim, N H Aziz, N Anas, with_a_Dream_to_a_Lethal_ISIS_En and Iskandar Campus. “Application forcer/links/59a81ddba6fdcc2e1bdf of Maqasid Al-Shari’ah In b9a2/The-Runaway-Bride-of-ISIS- Evaluating Fiqh Jihad of Religious Transformation-a-Young-Girl-wit. Extremism.” Journal of Fundamental Spencer, Amanda N. “The Hidden Face and Applied Sciences 10, no. 6 (2017): of Terrorism: An Analysis of the 2454–72. Women in Islamic State.” Journal of https://doi.org/http://dx.doi.org/ Strategic Security 9, no. 3 (2016): 74– 10.4314/jfas.v10i6s.186. 98. https://doi.org/10.5038/1944- Razak, Muhd Imran Abd, Mohd Anuar 0472.9.3.1549. Ramli, Rahimin Affandi Abdul Twenge, Jean M, Roy F Baumeister, Rahim, Muhammad Yusri Yusof, Dianne M Tice, and Tanja S Stucke.

Al-Risalah Vol. 19, No. 2, December 2019 121

The Fiqh Wasa’iyyah Approach Towards the Involvement of Malaysian Women . . .

“If You Can’t Join Them, Beat Them: ‘Asri al-Hadir. Beirut: Muassasah al- Effects of Social Exclusion on Risalah, 1999. Aggressive Behavior.” Journal of Al-Nawawi, Muhyi al-Din. al-Majmu‘ Personality and Social Psychology 81, Sharh al-Muhadhdhab li al-Shirazi, no. 6 (2001): 1058–69. Vol. XXIX. Jeddah: Maktabah al- https://doi.org/http://dx.doi.org/ Irshad, t.t). 10.1037/0022-3514.81.6.1058. Al-Qaradawi, Muhammad Yusuf. al- Zakaria, Rafia. “Women and Islamic Maqasid al-‘Ammah li al-Syari‘ah al- Militancy.” Dissent 62, no. 1 (2015): Islamiyyah. USA: al-Maahad al-‘Ali li 118–25. al-Fikri al-Islami, 1994. https://doi.org/10.1353/dss.2015.00 ______Fi Fiqh al-Awlawiyyat wa Dirasah 11. al-Jadidah fi Dau’ al-Quran wa al- “From Hypocrisy to Apostasy the Ex- Sunnah. Qahirah: Maktabah tinction of the Grayzone.” Dabiq 7, Wahbah, 1996. 12 Februari 2015. ______Fiqh al-Jihad: Dirasah Muqaranah https://clarionproject.org/docs/isla li ahkamihi wa falsafatihi fi daw al- mic-state-dabiq-magazine-issue-7- Quran wa al-Sunnah. Qahirah: Mak- from-hypocrisy-to-apostasy.pdf. tabah Wahbah, 2009. “The Law of Allah or the Laws of Men.” ______Nahw Fiqh Muyassar Mu‘asir. Dabiq 10, 13 Julai 2015. Qahirah: Maktabah Wahbah, 1996. http://clarionproject. Al-Shirazi, Abu Ishaq. al-Muhadhdhab fi org/wpcontent/uploads/Issue%201 Fiqh al-Imam al-Shafi‘i, Vol. V. Di- 0%20%20The%20Laws%20of%20All mashq: Dar al-Qalam, 1996. ah%20or%20the%20Laws%20of%20 Bitar, S. “Sexual Violence as a Weapon of Men.pdf. War: The Case of ISIS in Syria and Muhammad Yusuf, al-Qaradawi. “al- Iraq.” Disertasi Sarjana, Uppsala Wasatiyyah wa al-I‘tidal”, Mu‘tamar University, 2015. Wasatiyyah: Mukhtarat min Fikr al- Esfandiari, H. et al. Barbarians: ISIS’s Wasatiyyah. Mortal Threat to Women. Wilson Cen- http://www.wasatia.org/wp- ter, Middle East Program, 2014. content/uploads/2010/05/book.pdf Ibn Qudamah, Abi Muhammad ‘Abd Allah Ahmad. al-Mughni, Vol. XIII. Riyad: Dar ‘Alim al-Kutub, 1997. Books Malik, Maszlee et al. “Siapakah ISIS?.” Al-Kasani, ‘Alau al-Din Abu Bakar. Ba- In ISIS. Batu Caves: PTS Publishing dai‘ al-Sanai‘ fi tartib al-Sharai‘, Vol. House, 2016. IX. Beirut: Dar al-Kutub al- Mausu‘ah al-Hadith al-Sharif: al-Kutub al- ‘Ilmiyyah, 2003. Sittah. Ed. Salih ‘Abd al-‘Aziz Al- Al-Luwaihiq, ‘Abd al-Rahman MuGalla. Shaykh. Riyad: Dar al-Salam, 2000. Mushkilat al-Ghuluw fi al-Din fi al-

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Muhd Imran Abd Razak, et al

Merriem, S. B. Introduction to Qualitative 298360/polisi-sebut-keluarga- Research. San Francisco, Jossey-Bass, terduga-pelaku-bom-sura baya-sel- 2002. pasif. Peladeu, Hillary. ““Support for Sisters United Nations (UN) (1948). The Univer- Please”: Comparing the Online Roles of sal Declaration of Human Rights. al-Qaeda Women and Their Islamic http://www.un.org/en/documents State Counterparts,” P.hD Thesis, The /udhr/index.shtml#a4. University of Western Ontario, 2016. Beck, J. “Iraq’s Yazidis Living in Fear on Ghazali, Rumaizuddin. Yusuf al- Mount Sinjar.” al-Jazeera, 26 Julai Qaradawi dan Pengaruhnya Dalam 2016. Masyarakat Islam di Malaysia. Nilai: http://www.aljazeera.com/news/2 Penerbit USIM, 2012. 016/07/iraq-yazidis-living-fear- Shirazi, Mehra. “Investigating Sexual and mountsinjar160726 06315 5982.html Gender-Based Violence as a Weapon of War and a Tool of Genocide against In- digenous Yazidi Women and Girls by Interviews ISIS in Iraq”. Master Theses, Oregon Zamihan Mat Zin, Interview with re- State University, 2016. searchers. 4th December, 2017. Strommen, E.E.J. Jihadi Brides or Female Ayob Khan Mydin Pitchay. Interview Foreign Fighters? Women in Da’esh- with researchers. 16th July, 2018. from Recruitment to Sentencing. PRIO Abdullaah Jalil. Interview with re- Center of Gender, Peace and Securi- searchers. 13th July, 2018. ty, 2017. Umar, Nasaruddin. Deradikalisasi Pema- haman al-Qur’an & Hadis. Jakarta: PT Elex Media Komputindo, 2014. Abidin, Zolkharnain. Memahami Melampau dalam Beragama. Perlis: Nyza Bestari Ent, 2016. Zulkifi Mohd Yusoff & Muhammad Mukhlis. Asbabun Nuzul. Batu Caves: PTS Publishing House, 2019.

Websites Sarwanto, Abi. “Polisi Sebut Keluarga Terduga Pelaku Bom Surabaya Sel Pasif.” CNN Indon esia, 15 Mei 2018. https://www.cnnindonesia.com/na sional/ 20180515142030-20-

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