Al-Shajarah Journal of the International Institute of Islamic Thought and Civilization (ISTAC)
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MODERATE ISLAM AS A SOLUTION TO PLURALISM IN THE ISLAMIC WORLD: THE EXPERIENCE OF INDONESIA
No full textThis study examines the phenomenon occuring in the Islamic world in particular, where religion is experiencing serious self-destructive divisions caused by uncontrolled interests in theology, socio-political and economic matters. This can be seen in several Middle Eastern countries such as Iraq, Syria, Yemen and Afghanistan where there are numerous suicide bombings and mass killings among groups who are all Muslims. Indonesia as the world’s largest Muslim country is trying to protect itself from these undesirable threats, especiallythose of disunity and separation. This is more so due to the very nature of Indonesia that uniquely has a variety of religions, cultures, languages, customs, ethnic groups and tribes. Based on facts derived from observation and documentation this paper attempts to analyse the phenomenon. The results of the analysis show that Indonesia through the two most dominant religious organizations, namely Nahdlatul Ulama and Muhammadiyah, has developed moderate Islam as a response to its multicultural and multireligious diversity.Moderate Islam is based on the teachings of Ahl al-Sunnah wa al-Jama‘ah in the fields of law, theology and mysticism which are characterized by tolerance, moderation and acceptance of the existence of others. The moderate Islam model followed by these two religious organizations has been accepted globally through the opening of their branches in several Western countries and the Middle East, thus proving that it can be a solution for creating peace and harmony in the world
LESSONS FROM A SECULAR STATE: ESSENCE OF THE CONSTITUTION AND ITS IMPLICATION ON JUDICIAL INTERPRETATION OF HUMAN RIGHTS PROVISIONS IN TURKEY AND MALAYSIA
No full textMalaysia and Turkey, to a different degree and in different areas, continue to construct an Islamic identity. However, a clear divergence of position pertaining to religion can be seen in their respective constitutions, in particular with regard to the position of Islam and secularism. It is interesting to examine the constitutional position of religion and its consequence and influence in the construction of the constitution and legislation. The paper looks at the text of the constitutions and the approaches taken by the apex court in the two countries. The paper also looks at the jurisprudence of the European Court of Human Rights since Turkey is a signatory of the Convention for the Protection of Human Rights and Fundamental Freedoms. The opposing positions taken by the two constitutions with regard to the influence of religion in public affairs surprisingly offers a coherent approach in constitutional construction
APPLYING CUSTOMARY INTERNATIONAL LAW IN THE INDONESIAN HUMAN RIGHTS COURT: AN ISLAMIC SOLUTION OF THE CONUNDRUM
No full textThrough Act No. 26 of 2000, Indonesia has established a Human Rights Court to put alleged perpetrators of genocide and crimes against humanity on trial. However, one problem seems to elude attention namely, customary international law is binding in international law. However, the Indonesian legal system particularly in the criminal justice system has no formal legal platform to justify the use of customary international law as legal basis. Be that as it may, the Human Rights Court has, in practice, applied customary international law on the basis of necessity to genocide and crimes against humanity. The aforementioned problem has thus been ignored. Using a doctrinal research method, this article finds that the crux of the problem is the strict formal legality principle applied in the Indonesian criminal justice system. This article argues that a solution can be found in the Islamic legal system which is not entirely foreign to Indonesia. Islamic criminal law recognizes the importance of certainty and legality but provides some room for limited flexibility parallel to what a material legality principle would dictate. It is argued that adopting the Islamic system would solve the main crux of the problem that is, the type of legality principle used
SUSTAINING THE ISLAMIC MARRIAGE INSTITUTION IN MALAYSIA: LESSONS FROM QUR’ĀNIC STORIES
No full textDivorce rates are rising in Malaysia and as a consequence, the sacred Islamic marriage institution is directly affected by this phenomenon. It was reported that the number of divorces in 2010 was 28,035 and it increased rapidly to 48,077 as of July 2016.JAKIM has identified ten major causes of divorce in Malaysia whichare: irresponsibility, weak Islamic foundation, third partyinterference, cultural differences, sexual issues, financial crisis,career dilemma, health problems, moral decay and communicationobstacles. The Quran contains several narratives on maritalrelationship, which can serve as examples for married couples. Thisstudy critically investigates to what extent these Qur’ānic referencesmay guide a married couple’s better understanding of their roles andduties as husband and wife, thus significantly enhancing their qualityof marriage. The research proves that marital life is an arena forjihad, which means married couples must strive and make theirutmost effort to strengthen their marriage. Virtues such as humility,patience and honesty are prime qualities in a marriage, whereasvices such as irresponsibility, arrogance and infidelity aredetriments. The research highlights solutions for almost every causeof divorce as identified by JAKIM, which expects to reduce thedivorce rate and sustain the Islamic marriage institution in Malaysia.Finally, it is recommended that JAKIM should consider including theresearch findings in its post-marital course as it is one of the bestplatforms to propagate the Qur’ānic stories of husbands and wives toMuslim married couples in Malaysia
MANAGING END-OF-LIFE CARE IN MALAYSIA: THE ECONOMIC CONSIDERATIONS FROM THE ETHICAL AND ISLAMIC PERSPECTIVES
No full textSince the turn of the 20th century, the increase in the degree of medical prevalence particularly at the end of life, has redefined the dimensions between life and death. Medical treatment and equipmentare now able to prolong the life expectancy of patients suffering fromlife-limiting illnesses even in the absence of any brain activity. Thishas impacted upon the delivery of end-of-life care, which focuses onproviding a comfortable environment for patients who are sufferingfrom incurable diseases and for whom death is imminent. Theemergence of sophisticated medical devices and interventions hasraised ethical issues relating to end-of-life decisions especially inwithholding or withdrawing life sustaining treatments. In such asituation, economic considerations constitute an important factor inthe provision of end-of-life care due to the costly and limitedresources which are required for providing such life-sustainingtreatment. Healthcare providers need to grapple with issuesjustifying resource allocation amongst patients, which are in turncontingent upon deliberations on medical futility. This paper seeks todiscuss the economic considerations involved in the management ofend-of-life care from the ethical and Islamic standpoints andultimately, to provide recommendations for the promotion of acomprehensive national policy that is suitable and viable for theMalaysian healthcare environment
ISLAMIC SOCIAL FINANCE AND THE IMPERATIVE FOR SOCIAL IMPACT MEASUREMENT
No full textThis paper aims to highlight the imperative of social impact measurements in Islamic finance by exploring the growing interest of Islamic social finance and social impact. From critical review of literature, the paper finds that despite the tremendous growth of the Islamic finance industry, little is known about how Islamic finance institutions measure their social values, and how they report their social impact. The ongoing criticisms of Islamic finance failing to fulfil its “raison d’etre” and underlying objectives provides an indication of that there is a gap between its theory and practice.More focus towards developing Islamic social finance and integrating Islamic financial instruments with the mainstream social finance spectrum may help address these criticisms. In doing so, the paper posits the need to expand the definition of Islamic social finance beyond just zakāt, waqf and Islamic microfinance. Furthermore, the paper also proposes that mechanisms or frameworks for Islamic financial institutions to measure the social impact of their operations, products and services should be developed to realise the full potential of Islamic finance. This can be done through a stakeholder-based approach and assimilating frameworks of Value-Based Intermediation, Maqāṣid al-Sharīʽah, and Sustainable Development Goals
THE ROLE OF ISLAMIC SOCIAL FINANCE IN ACHIEVING SDG NUMBER 2: END HUNGER, ACHIEVE FOOD SECURITY AND IMPROVED NUTRITION AND PROMOTE SUSTAINABLE AGRICULTURE
No full textThis study aims to explore the role of Islamic social finance in achieving the Sustainable Development Goals (SDGs), particularly goal number two, “end hunger, achieve food security and improved nutrition and promote sustainable agriculture”. Three Islamic social finance tools namely infāq, waqf and zakāt are discussed together with Iḥyā’ al-Mawāt and al-Iqṭāʽ. The findings show that infāq, waqf and zakāt are excellent alternative philanthropies’ fund to cover the USD2.5 trillion annual average global SDG’s investment gap. Establishing and funding state-of-the-art research laboratory, end hunger, improved nutrition and achieve food security from the short and medium-term targets are the main area for fund utilization. Meanwhile, expanding quality agricultural land through Iḥyā’ al-Mawat and al-Iqṭāʽ can be the best alternative to achieve the long-term target i.e. sustainable agriculture. This study also recommends countries not to work individually but together regionally or internationally in achieving the goal, especially for developing and least developed countries
A GLOBAL ZAKĀT GAME: APPLICATION OF TECHNOLOGY IN TEACHING AND LEARNING FOR GLOBAL PEACE AGENDA
No full textTechnological development has been exponential and its growth is at par with current modernisation. Increasingly sophisticated technological systems are steering societies into a new era that makes technology a very important tool. Children’s minds are highly susceptible to technology enabling them to become skilful in using gadgets and in surfing the internet. However, the teaching and learning in classrooms still adopt traditional or conventional methods. This paper aims to critically examine the development of the portable application named Global Zakāt Game (GZG) as one of the initiatives to help increase the level of education in Malaysia so that it will be in line with the development of information technology and communication today. The use of this application will also help teachers to disseminate universal values such as charity and raise awareness of issues such as the quest for peace both within the nation and globally, among people of different nations. A qualitative methodology was employed to analyse data using the inductive and deductive approach. The findings show that the GZG application could help students to understand the values of charity in zakat well, although it is only played online. This is because GZG encompasses almost the whole zakat syllabus including types of zakāt, the rate of zakāt, the calculation of zakāt, and questions related to zakāt. The education system should not lag behind in the use of technology and should upgrade its teaching-learning methodologies in line with the increasing sophistication of technology today. Through modern education awareness of global peace and values such as charity can be instilled and inculcated in the young. This paper suggests that through the teaching and learning of zakāt using the portable applications GZG, global peace awareness and other relevant values could be successfully inculcated among students. 
UNDERSTANDING “THE OTHERS”: BUDDHIST-ISLAMIC DIALOGUE FOR PEACE WITH PARTICULAR REFERENCE TO ‘MODERATION’
No full textIn the history of civilization, Islam’s encounter with Buddhism is as old as Islam itself, particularly in the context of the South Asian and Southeast Asian regions where Buddhism exerted enormous influenceon Islam, in particular the “Sūfi Islam” spread by immigrant Sūfi saints of the Arab world. Without doubt the principal teachings ofBuddhism and Islam are almost alike since the moral ideals of love,humility, justice, truth, honesty and sincerity are some of the cardinalcommon values found in both. Deplorably in recent times, South Asiareplete with religious values is embroiled in communal hate crimesand violent atrocities committed by miscreants and extremists of bothcommunities in the region, although Buddhists and Muslims havehad a tradition of living together in peace for thousands of years.While religious community leaders condemn the heinous acts andpolitical stalwarts call for national unity and solidarity, we believe itis now time to search for meaningful ways to promote mutualunderstanding necessary for peaceful coexistence amongst thesedifferent traditions. To this end, the paper examines to what extentIslamic universalism can assimilate Buddhist doctrines andpractices, paving the way for interreligious dialogue for peace. Andin pursuing this our focus is on the most important teachings sharedby these traditions - Majjhima Patipada in Buddhism andal-Wasatiyyah in Islam commonly known as the “principle ofmoderation” - drawing on some fundamental commonalities betweenBuddhism and Islam