Mohammad Hashim Kamali (1944-)

1. Mohammad Hashim Kamali(1944-) Presented by Salina Binti Abdul Latiff Nuradilla Mohd Noorazam Sarah Khairuddin Nurhafizah Jumali Edited by Dr. Md. Mahmudul Hasan International Islamic University Malaysia (IIUM) 2011

2. Biography Professor Mohammad Hashim Kamali was born in Afghanistan in 1944. 1965-1968: Worked as an Assistant Professor at Kabul University and Public Prosecutor with the Ministry of Justice, Afghanistan. 1969-1976: He completed LLM in comparative law and a PhD in Islamic and Middle Eastern law at the university of London. 1976-1979: Worked for the BBC as a broadcasting support staff in Reading, UK. 1979-1985: Worked as an Assistant Professor at the Institute of Islamic Studies, McGill University in Montreal and as a Research Associate at the Canada Council for Social Science & Humanities.

3. Biography 1985-2004: Served as Professor of Islamic Law & Jurisprudence at International Islamic University Malaysia. In 1991, he was a Visiting Professor at Capital University, Ohio. 2004-2006: He was the Dean of International Institute of Islamic Thought & Civilisation (ISTAC) of International Islamic University Malaysia. 2007: He became the Founding Chairman and CEO of International Institute of Advanced Islamic Studies, Malaysia. 2010-2011: He was a Visiting Professor at the Institute for Advanced Study in Berlin, Germany. Currently, he is a Senior Fellow at the Institute of Strategic & International Studies (ISIS) Malaysia.

4. Contributions So far Professor Mohammad Hashim Kamali has published 20 books and 120 academic articles. He is an original signatory to, and active participant in, the “Common Word” initiative between Muslims and Christians. Some of his important books are: Principles of Islamic Jurisprudence, Freedom of Expression in Islam, A Textbook of Hadith Studies, and Shari’ah Law: An Introduction.

5. Achievements He is a Member of the Global Expert Finder Network of the UN Alliance of Civilisations. Chairman of the CIMB Shariah Committee Malaysia. Chairman of Shariah Board, Stanlib Corporation (South Africa). Frequently featured in print media, radio, TV, the Internet.

6. Those above are some of the tv channels he has been featured in. He got Ismail a Faruqi Award two times and has been listed in a number of leading international Who’s Who. Achievements

7. LIST of books Principles of Islamic Jurisprudence Law in Afghanistan: A Study of the Constitutions, Matrimonal Law and Judiciary Freedom of Expression in Islam Islamic Law in Malaysia: Issues and Development Islamic Commercial Law: An Analysis of Future and Options Principles of Islamic Jurisprudence Freedom, Equality and Justice in Islam

8. HukumanDalamUndang-Undang Islam: SuatuPenelitianTerhadap HukumHudud Terengganu dan Kelantan The Dignity of Man: An Islamic Perspective Islam in South East Asia: Political, Social, and Strategic Challenges in the 21st Century Equity and Fairness in Islam IAIS Malaysia: Exploring the Intellectual Horizons of Civilizational Islam Civilizational Renewal: Revisiting the Islamic Hadhari Approach: Definition, Significance, Criticism, Recognition, Support, Tajdid, and Future Directions

9. Shair’ah Law: An Introduction The Right to Life, Security, Privacy and Ownership in Islam Textbook of Hadith Studies: Authenticity, Compilation, Classification and Criticism of Hadith Common Ground Between Islam and Buddhism

11. Articles • ISLAMIC JURUSPRUDENCE IN THE 21ST CENTURY • “Istihsanand The Renewal of Islamic Law” • - “Can the Hudud be Given a Fresh Interpretation?” • - “ShariahPerspectives on Halal and Haram” • “Legal Maxims and Other Genres of Literature in Islamic Jurisprudence” • “Not Easy to Use Laws Against Black Magic”

12. Social and Current Issues • - “Environmental Care in Islam: A Qur’anic Perspective” • “Human Dignity in Islam” • “Article on Kartika” • - “Transgendersfrom Islam’s Perspective” • - “An Essay on Islam and HIV Aids” Politics • - “Western Model Fails in Iraq, Afghanistan” • - “Civilian and Democratic Dimensions of Governance in Islam” • “Pluralism and HadhariConcept” • “Limits of Power in Islam”

13. Freedom of expression in Islam(1997)

14. Freedom of expression includes freedom of the press and the liberty to communicate ideas through writing, pictures, signs and other means of communication. • If one is not careful with their words, exposition of facts may invoke wrath, disfavour and even a serious fight.

15. Nasihah (sincere advice) • Nasihah is confidential and should be between two persons only to avoid embarrassment. • Every one has the right to give advice as long as it brings benefit to the listener. • Backbiting can be avoided by giving advice which is delivered straight to the person. • Procedures of giving advice: Not for exposing weaknesses. At the proper place and time. Founded on certainty and no distortion of facts. In harmony with the Qur’an and Sunnah.

16. Insult (sabb or shatm) • Insult is any word, expression or gesture that harms the dignity of the person in the eyes of fellow citizens. It is not allowed in Islam. One may use harsh words if necessary, but no attributes like jahil (ignorant) and fasiq (destructor or evil). • One should not insult any person (Muslim or non-Muslim, thief or adulterer). • Gentleness is important when expressing opinions or correcting someone.

17. Cursing (La’n) • La’n is calling the curse and wrath of God upon someone. • It is not allowed since God is the creator of the universe and we have no right to throw harsh words to his creatures. • However, it is permissible on those who have been cursed in the Qur’an and sunnah. • One is not allowed to curse objects or natural phenomena because the curse may return back to him.

18. Freedom, Equality and Justice in Islam (2002)

19. THE CONCEPT OF FREEDOM IN ISLAM • The concept of freedom in Islam “implies a conscious rejection of purely liberal and individualistic philosophy of doing one’s own thing as the meaning of life or as the goal of society” (Abdul Aziz Said). • Said continues to add that Islam takes an egalitarian and community-oriented approach to freedom. • Freedom in Islam finds its meaning in “belonging to the community and participating with the people.”

20. It is egalitarian in that freedom is not enjoyed at the expense of causing harm to others, and it is community oriented as in the event of a conflict between individual freedom and social good, the latter is often given priority over the former. • Freedom is basically a social concept in that it would have little meaning in a state of total isolation from society.

21. Montgomery Watt (1909-2006) • Montgomery Watt makes a sweeping comment that “freedom has never had any place in Islamic thought.” • There is a word for freedom, “hurriyya”; but this refers to the condition of the freeman (hurr ) as opposed to the slave (‘abd). • Reasons: 1) The theological view that man is always the slave (‘abd) of God. 2) Muslims give “great prominence” to the virtue of patience (sabr) which may mean the endurance of hardship and acceptance of a servile status.

22. Louis Gardet (1904-1986) • He highlights the metaphysical context of freedom in Islam. • He concludes that freedom in the ideal Muslim state was not the freedom for which one dies and gives life.

23. Islam ensures social freedom • Social freedom means having freedom in connection with other individuals in society so that others do not hinder one’s growth. Nor do they exploit or enslave one. • It also means freedom from the bond of others. • According to the Qur’an, one of the explicit missions of the Prophets was to offer humankind social liberty and deliver them from their mutual enslavement. • There is one Qur’anic ayah (verse) which invites mankind to unite on two things: “We worship none but God and we associate no partner with Him, and none of us must be slaves or masters of one another other than God.” (3:64)

24. Islam ensures spiritual freedom • Spiritual freedom is freedom from one’s self as opposed to social freedom which is freedom from the bond of others. • Both social liberty and spiritual liberty are sacred, but the humanist school tries “to safeguard social liberty without seeking spiritual freedom.”

25. Can human beings have social freedom without spiritual freedom? In other words, can they be slaves to their own lust, anger and greed and at the same time respect the freedom of others? • Only a person with a heavenly call in heart and conscience can truly have respect for people’s rights and liberties. • But when a person becomes a slave to greed, s/he cannot be regarded as free. • The source of slavery therefore “lies in one’s own peculiarities such as greed, lust, anger and carnal desires.” • However, if one liberates oneself from the bond of one’s selfish desires, one will realise that one is not a slave to the temptation of the world.

26. It is only then that one finds one’s own true worth and understands the significance of God’s declaration in the Qur’an: “All We have created on the earth is for you [humans]” (2: 29).

27. Two egos: animal and human • God has granted humans the ability to judge what is good and what is bad. • Spiritual freedom means liberation from the grips of the lower animal ego. Self-purification is, in fact, spiritual freedom, and it is the single most significant programme of the Prophets. • The Qur’an says: “Prosperous is he who purifies it and failed is he who seduces it.” (91:9-10) “Do not become a slave of your desires.” (Hadrat Ali)