CONTENTS FOREWORDS
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ABSTRACTS UNFAIR TERMS IN ISLAMIC BANKING CONTRACTS: REALIZING MAQASID ALSHARIAH TOWARDS BANKING CONSUMER PROTECTION IN MALAYSIA Noor Mahinar Binti Abu Bakar Norhashimah Binti Mohd Yasin
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THE EMPOWERMENT FROM ISLAMIC MANAGEMENT PERSPECTIVE: MACRO AND COMPARATIVE APPROACH WITH EMPHASIS ON THE CASE OF IRAQ Prof. Dr. Ahmed Abdul-Razzaq Salman
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UNITY OF MUSLIMS: A REFLECTION ON ITS MATERIALIZATION Prof Dr Israr Ahmad Khan
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KING FAISAL AND MODERNIZATION OF SAUDI ARABIA 1964-1975 Riyan Hidayat
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UTHMAN BN FODUYE (D.1817): AN ANALYTICAL STUDY OF HIS IDEAS ON THE SYSTEM OF ISLAMIC GOVERNMENT AND ITS MINISTERS FOR THE CONTEMPORARY MUSLIM WORLD Shuaibu Umar Gokaru Aizan Bt Ali @ Mat zin Ahmad Faisal Bin Abdul Hamid
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THE EFFECT OF MANAGEMENT ACCOUNTING PRACTICES IN SMALL AND MEDIUM ENTERPRISES Zainab Mohamad Mhemed Prof. Madya Dr. Kalsom Binti Abd. Wahab
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THE RELATIONSHIP BETWEEN ISLAMIC VALUES AND HUMAN RESOURCE FUNCTIONS: A REVIEW Zienab I. Balla Rosima Alias Abdul Aziz Mat Isa Omar S. Zaroog Yousif Osman
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METHODOLOGY OF TANTAWI JAWHARI AND ZAGHLOUL NAGGAR IN THE SCIENTIFIC INTERPRETATION OF THE HOLY QUR´ÓN: A COMPARATIVE STUDY Mizanur Rahman Abu Talib Mohammad Monawer
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BUILDING A STRONG UMMAH: MUSLIM WOMEN IN THE TWENTY-FIRST CENTURY Belayet Hossen Dr. Noor Mohammad Osmani
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THE EVOLUTION OF THE MALAYSIAN DIPLOMATIC RELATION WITH WEST ASIA: SPECIAL REFERENCE TO MALAYSIA-QATAR RELATIONS Dr. Lukman Thaib
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FAMILY TAKAFUL IN BANGLADESH AND ITS OBSTACLES Dr. Issa Khan Assoc. Prof. Datin Dr. Noor Naemah Binti Abdul Rahman Assoc. Prof. Dr. Mohd Roslan Bin Mohd Nor
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EDUCATION AND WAR AGAINST TERRORISM: EXPLORING THE VIEWS OF UNIVERSITY STUDENTS Dr. Muhammad Ayub Buzdar Dr. Riaz Ul Haq Tariq
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A TALE OF TWO TERRORS: A COMPARATIVE ANALYSIS OF THE ISLAMIC STATE (IS) AND BOKO HARAM Dr. Osman Antwi-Boateng
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POLITICAL ISLAM AND THE ARAB SPRING: BETWEEN THE FAILURE IN EGYPT AND THE SUCCESS IN TUNISIA Ibrahim S.I Rabaia
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FROM IT TOWARD SMES COMPETITIVE ADVANTAGE HUMAN RESOURCE MANAGEMENT PERSPECTIVE Lahcene Makhloufi Hussein Mohammed Esmail Abu Al-Rejal
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RECONCILIATION OF THE CONTRADICTION AMONG THE QUR’ANIC VERSES ABOUT THE CHARACTERISTICS OF CHRISTIANS: AN ANALYTICAL STUDY Mohammad Aminul Islam Zannatul Bakia
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ISLAMIC PHILOSOPHY: PRESENTING ITS FACTS AND FIGURES Muhammad Akilu Aliyu
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DIVERSITY EXPLOSION: ISLAMIC PRINCIPLES GOVERNING ORGANIZATION BEHAVIOUR Najla Turk
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AN ACCOUNT OF FUTURE OF ISLAMISM Morteza Bahrani Khaled Sheykholeslami
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DEFINING A CONCEPTUAL FRAMEWORK OF HUMAN WELLBEING INDEX IN THE CONTEXT OF MAQASID AL-SHARI’AH: A CASE OF MALAYSIA Azila Ahmad Sarkawi Norimah Md. Dali Alias Abdullah
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QURANIC & PROPHETIC HADITH : AN ETHICAL FOUNDATION FOR SCIENTIFIC DEVELOPMENT Shaik Abdullah Bin Hassan Mydin Dr Muhammad Ali Sk. Abdul Kader
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‘IMARAH GREEN PROJECT: SURAU APIUM AS THE CATALYST FOR ADVOCATING SUSTAINABILITY PRACTICES IN UNIVERSITY OF MALAYA Dr. Asmawati Muhamad Prof. Dato’Dr.Zulkifli Mohd Yusoff Assoc. Prof. Dr.Mohd Roslan Mohd Noor Assoc. Prof. Dr.Sumiani Yusoff Dr. Zeeda Fatimah Binti Mohamad Dr. Madiha Baharuddin
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REVIVING THE WASATIYYAH VALUES FOR INTER-RELIGIOUS HARMONY OF WORLD COMMUNITY Abdul Halim Syihab Asmawati Muhamad
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Islam in the Minds and Hearts of the “Coolest Generation”: Malay Muslim Youth on the Da’wa Scene Dr Eva Nisa 341 PENTAKSIRAN NAFKAH ANAK BERASASKAN KRITERIA KIFAYAH DAN MA’RUF: KAJIAN KES DI MALAYSIA Bahiyah binti Ahmad Mazni Abd Wahab Raihanah Azahari Asmak Ab Rahman
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HUBUNGAN KENABIAN DALAM DISIPLIN ILMU FALSAFAH DAN TASAWUF MENURUT BADIUZZAMAN SAID NURSI Muaz Hj Mohd Noor Mohd Solahuddin Shahruddin Mohd Norazri Mohammad Zaini Mohd Paidi Norman Mohd Yusra Abdullah
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KEPERLUAN DALAM PEMBANGUNAN INDEKS PATUH SYARIAH DALAM BIDANG PENGUBATAN ALTERNATIF ISLAM Khadher Ahmad
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RELIGIOUS THOUGHTS OF SIR SAYYID AHMAD KHAN (1817-1898): AN ANALYTICAL STUDY Dr. Sayyid Mohammad Yunus Gilani Abdullah Al Masud
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PERUMPAMAAN DALAM AL-QURAN DAN PERANANNYA SEBAGAI TERAPI KESIHATAN MENTAL Syed Sultan Bee bt. Packeer Mohamed
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UNDANG-UNDANG PERSONAL PRIBUMI SABAH: KONFLIK BIDANG KUASA MAHKAMAH SYARIAH DAN MAHKAMAH ANAK NEGERI DI SABAH Pg Ismail bin Pg Musa Siti Zubaidah bte Ismail Narizan Abdul Rahman
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HALAL HARAM MAKANAN MENURUT IMAM SYAFI’I: ANALISIS DARI PERSPEKTIF MAQASID AL-SHARI’AH Tuan Sidek bin T. Muda Ridzwan bin Ahmad
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MASYARAKAT ARAB DAN AKTIVITI DAKWAH DI MALAYSIA Latifah Abdul Latiff Siti Nor Baya Yacob
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PENDEKATAN DAKWAH TAREKAT KOTEMPORARI: KAJIAN TERHADAP AMALAN TAREKAT AHMADIYYAH QADIRIYYAH Mohd Shahran Bin Abd Ghani
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PENGURUSAN DAYA JUANG SPIRITUAL ANGGOTA ANGKATAN TENTERA MALAYSIA SERTA IMPAK KEPADA KESELAMATAN NEGARA Burhanuddin Jalal Sayuti Ab Ghani
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TAKWIL LIBERAL DALAM KITAB FATHUN NAWA OLEH AHMAD LAKSAMANA: SATU ANALISIS Suhailiza Md. Hamdani
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KIYAI MUHAMMAD ALI QARIBUN : PERANAN DAN SUMBANGAN BELIAU KEPADA PERKEMBANGAN PENDIDIKAN ISLAM DI SELANGOR SEBELUM MERDEKA (19001957) Aisyah Ab Rahim Mohd Roslan Mohd Nor
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MELAYU DALAM PERUBAHAN Mohd Hazim Shah Abdul Murad Mohd Zufri Mamat Maisarah Hasbullah
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KONSEP ‘AQL MENURUT AL-QUR’AN: SATU ANALISIS TEMATIK Muhamad Alihanafiah Norasid Mustaffa Abdullah
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A METHODICAL GAMUT APPROACH FOR ANALYTICAL REVIEW OF BDS CAMPAIGN AND PALESTINIAN HARMONY Dr. Mohd Roslan Mohd Nor Kashif Latif Dr. Mohd Nazari Ismail Dr. Mohammad Nazri Mohd Nor
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SPONSORS
PROFESSOR DATO’ DR. MOHD AMIN JALALUDIN Vice-Chancellor, University of Malaya Praise be to Allah s.w.t, peace and blessings of Allah to the Prophet Muhammad, his family and his companions. Assalamualaikum warahmatullahi wabarakatuh and good day to the distinguished guest speakers, scholars, researchers, delegates and audience of this conference. Firstly, I would like to welcome all of our guests, both international and local participants to the University of Malaya, and special greetings for joining us in “The 1st International Conference on Islam and Contemporary Issues in the Muslim World: Challenges and the Way Forward (ICIC 2016)”. It is a great pleasure for me to be in this event for launching this conference. Before that, I would like to congratulate Academy of Islamic Studies, University of Malaya and collaborators International Islamic University Malaysia (IIUM), International Institute of Advanced Islamic Studies (IAIS) Malaysia, and Alumni Club of APIUM (ALIM)- for having organized a significant conference like this, that put special concern on the role of Islam in addressing contemporary issues of the Muslim ummah. Nowadays, many Muslim nations are facing major challenges in all aspects of life -economics, politics, social, educational, etc.- with pertinent issues like corruption, terrorism, poor living standard, scarcity of resources, and so forth. These and other concerns truly need special concentration from the academia of the Muslim world to lay down constructive frameworks and considerations on finding solutions to the contemporary challenges that we are struggling. There is no doubt that Islam as a religion of mercy and compassion has many to offer on establishing world peace and justice to all humanity in all life concerns. Therefore, I believe that distinguished scholars, researchers, and experts of the Muslim world that have been gathered here today will come out with the relevant Islamic guidance and principles that need to be applied accordingly in our worldly affairs such as finance and banking system, curriculum development, social practices, urban planning, and so on. Ladies and gentlemen, In the name of Allah the Most Gracious and Merciful, I officially launch “The 1st International Conference on Islam and Contemporary Issues in the Muslim World: Challenges and the Way Forward (ICIC 2016)”. With that, I thank you all, and pray for the successful resolution of this conference.
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PROF. DATO' DR. MOHD YAKUB @ ZULKIFLI BIN MOHD YUSOFF Director of Academy of Islamic Studies University of Malaya Alhamdulillah, all praise is due to Allah, by His grace and blessings we all have been granted an opportunity to be gathered here today for the opening ceremony of “The 1st International Conference on Islam and Contemporary Issues in the Muslim World: Challenges and the Way Forward (ICIC 2016)”. On behalf of the Academy of Islamic Studies, University of Malaya members and co-organisers of this conference –International Islamic University Malaysia (IIUM), International Institute of Advanced Islamic Studies (IAIS) Malaysia, and Alumni Club of APIUM (ALIM), I wish you all a warm welcome “Selamat Datang” and “Ahlan Wa sahlan Bikum” to this conference. I would like to extend our heartfelt appreciation to both international and local speakers who have made exceptional efforts to attend to this conference. I hope you will enjoy the two days events and have opportunity to build networking among representatives and institutions involved. Ladies and Gentlemen, Today’s conference is a remarkable event that has great importance to the Muslim world in particular and all humanity at large. We have witnessed throughout the years, the Muslim world has gone through many challenges and trials of various issues. In many parts of the Muslim world, people are starving and killed, their lands have been occupied and our religion has become denigrated. For these and other reasons, the whole world is looking at us. Muslim ummah now has reached 1.6 billion people, and we have the biggest oil reserve in the world. We have great wealth. It is clear that the Muslim countries are well endowed with the needed resources (in areas of agriculture, energy, mining, and other natural resources) for economic growth and political stability. Nevertheless, nothing can be achieved without proper management and adequate human capital resources. In other words, effective human capital deployment is required to utilize human and natural resources properly. So, let us together find the way forward on how to use the available resources and expertise of the Muslim world competently and bring our nations and the rest of the world to live in peaceful and harmony. I hope our distinguished scholars, researchers, experts, delegates and all the beautiful people who have gathered here today will gain fruitful discussion on addressing contemporary issues in the Muslim world and come out with constructive suggestions for us to move forward. Let me conclude my remarks by thanking and welcoming all of you again to this conference. Special thanks and congratulations to all the committee members, co-organisers and sponsors who have made this conference a fulfilling event. May Allah accept these efforts and bless us all with success in this world and the hereafter. Thank you and wassalam.
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DR. MEGUELLATI ACHOUR Director of ICIC-2016 Academy of Islamic Studies University of Malaya Alhamdulillah, it gives me great pleasure to be in this auspicious gathering and to host such a meaningful conference. Today, we are assembled here to look at the Islam and contemporary issues in the Muslim World: The Way Forward. Ladies and Gentlemen, These days, the Muslim world is confronted with many challenges. Some of these challenges have accumulated since the past decades and others are collateral consequences of the transformations experienced by the world at the current juncture. Before all the challenges endured by the Muslim world -wars, conflicts, sectarian strife, division, extremism and terrorism- further shaking many parts of this world, the wise and farsighted observer will recognize that the challenges besieging Muslim countries from Tanja to Jakarta as said by Malek Ben Nabi, are too great to be met with limited endeavors. The Muslim world has to struggle and move forward on rebuilding the civilization edifice, a mission involving political, economic, scientific and technological, as well as cultural and intellectual edification. For this purpose, academia from the Muslim world should play their role to address many pertinent issues that are ranging from religious, political, economic, finance, social, education, trade, women and families and so forth from the Islamic point of view thoroughly. It is hoped that this conference will be the best platform for us to share knowledge, research findings and expertise of the relevant fields that associate to Islam and contemporary issues in the Muslim world so as we can strengthen our steps to move forward without fear and failure. Finally, I pray to Allah to bless your efforts and ours, and the Academy of Islamic Studies will always be pioneering in this field and continue to be one of the good scientific centre for serving the Ummah. At the end, I would like to apologize from our participants if we have not complete our work perfectly, and we hope that they help us in success this conference which blessed by Almighty Allah.
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UNFAIR TERMS IN ISLAMIC BANKING CONTRACTS: REALIZING MAQASID ALSHARIAH TOWARDS BANKING CONSUMER PROTECTION IN MALAYSIA Noor Mahinar Binti Abu Bakar International Islamic University Malaysia (IIUM)1 Norhashimah Binti Mohd Yasin International Islamic University Malaysia (IIUM)2 Abstract The use of unfair contract terms in Islamic banking contracts remains a serious problem in Malaysia. Most Islamic banking contracts are in standard form contracts, also known as ‘adhesion contracts’ which are predrafted by the party with strong bargaining power in the contract and contain terms that are potentially unfair. These contracts are presented on a ‘take it or leave it’ basis and non-negotiable, leaving banking consumers no realistic opportunity to bargain for more favourable terms, subsequently resulting in an unfair transaction. Further, the unfair contract terms have greater implications on the realization of Maqasid alShariah, as it does not comply with the principles of protecting public interests (maslahah), honesty, trustworthy, financial transparency, prevent harm/hardship and al-‘adl wal-ihsan (justice with benevolence) in the circulation of wealth in banking transactions. This paper aims to analyze various legal documentations of Islamic banks in Malaysia in the light of Maqasid al-Shariah in order to propose a fair, transparent and consumer-friendly banking contracts. This paper suggests that the unfair contract terms in legal documentation of various Islamic banks and the inequality of bargaining power (ghubn) in banking industry, which resulted in the rights of banking consumers being infringed, have failed to realize the Maqasid al-Shariah. Thus, it justified the need to protect banking consumers from unfair contract terms as well as sending a strong message to the bankers to do fair trading and transparency in dealings, such that unfair terms will not be tolerated. This paper adopts a combination of theoretical and content analysis methodology. Key words: Banking consumers, protection, unfair terms, Maqasid-Shariah
1. Introduction The expansion of Islamic banking industry is a global phenomenon, exhibiting an annual growth of assets at the rate of 16% in 2014 and 2015, and estimated to grow by an average of 19.7% a year up to 2018i. The Malaysian Islamic banking industry has expanded from 6% to 22% of the overall banking industry whereby the liberalisation of Malaysian Islamic banking industry has subsequently led to Malaysia becoming the leading international hub for Islamic financeii. Consumers of Islamic banking products have also increased tremendously worldwide and by December 2013 was estimated at 30 millioniii.
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IIUM, Jalan Gombak, 53100 Kuala Lumpur, Selangor, Malaysia. Tel No: 03-61964223 IIUM, Jalan Gombak, 53100 Kuala Lumpur, Selangor, Malaysia. Tel No: 03-61964223
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Malaysian banks (conventional, Islamic, and foreign) have a network of over 2,200 branches in the country. Malaysia has dual nature, the conventional and full-fledged Islamic banks, which operate in parallel. Currently, there are 16 licensed Islamic banks registered with Central Bank of Malaysia (BNM), 10 full-fledged local Islamic banks and 6 foreign Islamic banksiv. BNM defined Islamic banking as “a system of banking that uses financial services and products that conform with the Shariah law (Shariah compliant) and governed by the underlying principles to conduct business in accordance to mutual risk and profit sharing between contracting parties, the assurance of fairness to all as well as transactions must be supported by genuine business activity/asset”v . This definition indicates that Shariah, which consists of Islamic ethical precepts and values, is the foundation of Islamic banks that guides the banking operations and outlook of Islamic banks, and that failure to follow Shariah will render banks not to be considered as Islamic banks. The Shariah principles also provide a strong foundation for banking consumer protection via mutual consent of parties, transparency in dealings, and fulfillment of promises in the contracts.
Since the ultimate goal of Islamic banks is to achieve the Shariah objectives
(maqasid), therefore Maqasid al-Shariah becomes an important discipline in Islamic banking to streamline the Islamic banking activities and strengthen the Islamic bank because attainment of Maqasid al-Shariah indicates the Shariah compliant status of Islamic banks. The development of larger-scale organizations with its mass production and distribution, made a new type of contract appeared, the standardized mass contract. Islamic banks use the standardized contract for their dominant and recurring banking transactions, which significantly reduce legal, Shariah, operational and other related costs by minimizing documentation and procedures variation, as well as minimizing negotiations between parties and Shariah scholar involvementvi.
Standard form contract are also referred to as ‘contract of adhesion’, ‘boilerplate
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contracts’, or ‘take it or leave it contracts’ since consumers have little or no opportunity to negotiate from unfair terms in the standard form contracts. The terms and conditions (T&C) are often written in fine prints and drafted on behalf of the party with superior bargaining power, and the weaker party who are in need of goods and services, has no ability to shop around for more favourable terms either because of the monopolistic power of the drafter or that other competitors use the same provisions. This paper attempts to evaluate the implementation of Maqasid al-Shariah in the contractual wordings of Islamic banks and determine whether the unfair contract terms violates the Shariah. Ensuring fair and transparent contract terms in Islamic banking legal documentation is pertinent in sustaining public confidence and trust in the banking industry because without the support and goodwill of the banking consumers, in the long run the banking institutions will not survive. The aftermath of the global financial crisis of 2007-8 has proven that moral and ethical failures of the financial industry in protecting the interest of the consumers and investors, can result in instability of banking industry as consumers lose confidence on the sector.
2. Literature review The term Shariah originates from the Arabic root word shara’a which linguistically means “the clear, well-trodden path to water” or “the straight path to be followed.”vii Technically, a more comprehensive definition of Shariah is “the total sum of Islamic teaching and system revealed to Prophet Muhammad (pbuh), recorded in the Quran and deducible from the Prophet’s divinelyguided lifestyle, Sunnah.”viii
In addition, with Islam being a religion of values, a more
contemporary definition of Shariah could be demonstrated in two viewsix: (1) Shariah is viewed as the wide-ranging body of ‘Islamic law’, meaning the canon law of Islam which includes the injunctions revealed by Prophet Muhammad relating to law and belief. Here,
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Shariah is deduced within the domain of law which regulates their human rights and daily activities such as prayer, provision of charity, financial, business transaction, inheritance etc; or (2) Shariah is defined within the context of a wider meaning as a system of life which comprises of the belief system (aqidah), the law/rulings in Man-God and man-man relationship (ahkam) and a code of moralities/ethics (akhlak). This is more encompassing as it covers the entire way of life for humanity such as moralities, economic, political, etc. The Shariah is best understood through its objectives, also known as Maqasid al-Shariah. Literally, Maqasid al-Shariah means goals or rationale intended by Allah in the Islamic law, which reflects the holistic view of Islam as a complete and integrated code of life, to be applied in daily life of individual and public, for this world and hereafterx. Imam al-Haramayn al-Juwairy (d.478) confined Maqasid al-Shariah to three broad categories: the essential purposes (darurat), the complementary objectives (hajiyat), and the desirables (tahsiniyyat).
Imam Abu Hassan Al-
Ghazali (d.505) further expanded the maqasid theory and uphold the primacy of five objectives: faith (din), life (nafs), intellect (‘aql), dignity/lineage (‘ird) and wealth (mal) and everything that ensures the safeguard of these five, is considered desirable and whatever which fails to protect these five is considered corruption.xi Generally, the objectives of Shariah law can be defined as “the end sought behind the enactment of each Shariah ruling and the secret involved”xii, which explains the wisdom behind the rulings encompassing both the public Maqasid (ama) and private Maqasid (khasa). It is predicated at maximizing benefit of the people (maslahah) and minimizing harm whereby their fulfillment will create a balanced satisfaction in human wellbeing in the world and hereafter. In recent development, contemporary scholars have extended the maqasid scope to further include equality/justice, freedom, economic stability, brotherhood, world peace etcxiii. Simply put, Maqasid al-Shariah is a comprehensive concept founded on two aspectsxiv:
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(1) Macro Maqasid: This is based on the broader purpose and wisdom behind enacting the Shariah rulings (ahkam) which relates towards the general objective of Shariah as to achieve social justice and equity in the economic system via wealth circulation, fulfilling society’s basic needs etc ; and (2) Micro Maqasid: The specific purposes which are created to gain specific benefits for the public in performing their daily activities such as dealings with Islamic banking. Hence, the maqasid discussion should embrace both classes of Maqasid which are equally important, but it also depends on which priority one prefers. Islamic banks are Islamic when they conform to Shariah as the main guiding principles in all operations of Islamic banksxv. Islamic banks describe themselves as providers of ethical banking services, better than their conventional counterparts, but in truth their practices seldom comply with Islamic ethics and some practices are even inconsistent with ethicsxvi. Having said the above, Islamic banks are seen as development institutions with important role in the economic and moral uplift for the Islamic community and public within the Shariah frameworkxvii. Standard form contracts are a common feature in banker-customer relationship in Islamic banking which contain standardized and non-negotiable provisions usually in pre-printed forms in fine prints, and drafted by or on behalf of bankxviii. However, these contracts have the ability to abuse banking consumers into accepting unfair/unconscionable terms because of unequal bargaining power between the contracting partiesxix. As such, the rationale of banking consumer protection against unfair contract terms is to protect banking consumers from inequality of bargaining power in contractxx, failure of Islamic banks to assess Maqasid al-Shariah and Islamic business ethicsxxi, and inadequate legal protection in Malaysiaxxii.
3. Maqasid al-Shariah in Islamic banking industry
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This paper will observe the ends and means from the micro maqasid of Islamic banking.
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discussion of Maqasid al-Shariah in Islamic banking dealings, therefore is considered in a more specific manner by applying the standards and guidance of divine revelation in providing protection to banking consumers from unfair contract terms in banking documentation. Such specific purposes of Maqasid al-Shariah has provided a meaningful theoretical framework for Shariah to address current and real challenges in banking transactions. 3.1 The Goals (Maqasid) and Means (Wasa’il) of Shariah in Islamic banking In Islamic banking, Maqasid al-Shariah refers to the specific objectives that Shariah aims to achieve, which are related to banking transactions and activities that brings happiness, prosperity and wealth to the banking consumers. The objectives of Shariah in Islamic banking includesxxiii:a) Equitable Wealth Circulation This objective preserves the nature of dealings in Islamic banking so as to allow equitable distribution of wealth via mobilization and investment of savings as well as effective rendering of banking services. The Quran highlights such warning that wealth should not be concentrated on the rich few alone but to be shared amongst the populace (Al-Hashr: 7). Islamic banks play an important role in circulating resources in the economy by ensuring that large section of the society become part of the monetary cycle of wealth. In the pursuit of wealth, bankers are prevented from controlling the majority of wealth in the society through profit maximization and exploiting banking dealings by depriving the banking consumers of satisfying their rights. More importantly, wealth should not be amassed through usurping the rights of banking consumers as stated in the Quran An-Nisa 4:29 that: ““O you who have believed, do not consume one another’s wealth unjustly but only [in lawful] business by mutual consent.” Here, Islam makes it clear that while the broad based circulation of wealth is an important economic principle which bring prosperity
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and happiness to the whole society, however monopolizing of wealth, transgression of weaker party to contract and greediness of unscrupulous bankers would cause harm to others and will receive the wrath of Allah in the hereafter. Islamic banks in describing themselves as being providers of Shariah-compliant (riba free) banking and ethical banking services, should reconsider their present behaviour as mere profit-oriented organizations. Conformity with Maqasid alShariah means that maximization of profit must be accompanied with responsible behaviour that ensure a level playing field in banking transactions, as well as realizing brotherhood and enhancing social cooperation, rather than being part of social destructionxxiv. To institute equitable circulation of wealth, Shariah guaranteed freedom of contracts with equal bargaining status in banking transactions. Contract should be respected and fulfilled to protect interest of contracting parties and avoid hardship in performing the contract. As a matter of justice and equity, while Shariah emphasize on the fulfillment of contractual obligations, it also provides ways to remove contractual obligations by allowing cessation and cancellation of contract should the contract terms are gharar (uncertainty in banking transaction/injustice) or unfair treatment happened to contracting parties. Riba which transfers risk to one party to contract while guaranteeing fixed return to another is also banned since it results in unjustified increase in wealth in banking transactions. b) Educating the individual (tahdhib al-fard) This is yet another important objective of the Shariah for individuals to acquire knowledge to inspire them to be righteous, trustworthy, and honest so as to become useful members of society and to prevent them from causing harm to others. All matters related to injunctions of the Shariah such as in Muamalat, seek to educate people to adhere to principle of justice, honesty, mutual consent and social responsibilities. The Quran in Az-Zumar 39:9 asserts that “Are those who know equal to those who do not know?" Only they will remember [who are] people of understanding.”
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This verse indicates that people will be judged by their knowledge and understanding. Knowledge is indeed important to fulfill religious responsibilities, as it is also needed to achieve social and economic wellbeing of the society in ensuring social harmony and human rights. Islamic banking literacy can help empower banking consumers to enable them to make informed decisions, being aware of their consumer rights/responsibilities, increase awareness of redress mechanisms and to give them confidence to take legal action against Islamic banks that violate the Shariah. To achieve this objective, Shariah emphasized the role of government in implementing educational programme to create consumer awareness and to achieve effective consumer protection infrastructure.
BNM as the regulatory and supervisory authority of financial
institutions, highlights some positive practices for banking consumer protection in its market conduct frameworkxxv:
Establishing the Consumer and Market Conduct Department (CMCD) to increase attention to fair treatment, equitable banking practices and financial literacy of banking consumers.
Financial literacy and awareness: BNM conducts outreach programs such as seminars, bulletins, and periodicals to inform consumers about their rights/responsibilities on banking products or give wide publicity on unfair contract terms.
Implement new market conduct guidelines on products commonly used by banking consumers. BNM also collaborates with banks and maintain two Web sites which provide useful information in choosing the right product, and tables to compare rates, fees, and features of banking products of different banks.
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Availability of multiple and systematic avenues to lodge complaints and seek recourse: BNM, Financial Ombudsman Scheme (FOS) and consumer groups, such as National Consumer Complaints Centre (NCCC)xxvi and Consumer Association Penang (CAP).
c) Promote fair and transparent banking practices This is one of the main objectives of Shariah to protect banking consumers from imbalance of their rights due to unfair contract terms. In upholding justice (‘adl), the Islamic banks must be efficient, ethical and fair to all participants. ‘Adl in Islam literally means to place matters in their right/proper place. It is fundamental in Shariah to establish equilibrium between rights and obligations of the banker-customer in order to eliminate all disputes in banking dealings. Fairness relevant to banking consumers are right to equal information, right to efficient prices, right to fair and transparent contractual wording, and right to equal bargaining power in banking transactions. The tools instigated by Shariah in promoting fair and transparent banking practices are by imposing Islamic contract law in all banking transactions whereby contractual wordings must be defined clearly, jargon-free and easy to understand, no material information is hidden and all information is reliable, and accessible to contracting parties. BNM has issued Guidelines on Product Transparency and Disclosure to enhance disclosure quality, timely, clear and concise, accurate, relevant, consistent, and comparable. Clearer understanding of banking documentation and transparency would also enhance banking consumer protection because Islam disapproves any banking transactions which involve injustice or detrimental to the rights of the contracting parties. d) Establishing Islamic business ethics and standards Islamic banking may be viewed as a form of ethical investing or ethical borrowing/lending. In Islam, ethics governs all aspects of life while emphasizing the relationship of the individual to Allah whereby such moral conduct is seen as part of their devotion and faith. Islamic business ethics as enshrined by the Shariah are based on compassion, tolerance, benevolence, free will, 12
hospitality, justice and responsibility, whereby al-‘adl wal-ihsan being the most important. In the Quran, Allah describes individuals that attain everlasting success or falah as those who “inviting to all that is good (khayr), enjoining what is right (ma’ruf), forbidding what is wrong (mungkar), and believing in Allah” (Ali Imran 3: 110). This verse established the Islamic ethics related to rights and obligations of banker and customer in Islamic banking industry, that bankers must behave in an ethical manner in performing their jobs to the best of their ability and therefore are accountable to Allah in the Hereafter. Shariah instituted ethical values in Islamic banking through freedom of contract, freedom from excessive uncertainty (al-Gharar), and entitlement to fair contract whereby the absence of such ethical values would result in criminal activities. To avoid unfair dealings and exploitation of others, the Association of Banks in Malaysia (ABM) helps set policies and guidelines for member banks on code of conduct/ethics to encourage honest bankers. Bankers that aim for consumer satisfaction are credited by publishing favourable report about them. e) Realizing social justice to prevent harm (mafsadah). The Shariah aims to practice the concept of mutual consent in contracts and equitable right to achieve comprehensive communal prosperity to the public. The basic needs of banking consumers must be satisfied to remove or minimized any harm and hardship in banking transactions. Achievement of this objective will create moral consciousness that acknowledges the rights and obligations in banker-customer relationship. This makes the social responsibility of Islamic banks towards the banking consumers an obligation (fard) and not an option, with the banks having the upper hand in contractual negotiation, they must give room to banking consumers to negotiate T&Cs that are also favourable to them.
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The achieving of this objective is by the involvement of government to set up regulations, laws and policies towards banking consumer protection against unfair contract terms. This calls for the urgent need of having Malaysian own Unfair Contract Terms Act and Standard Form Contract which are long overdue.
4. Unfair Contract Terms in Islamic banking documentation In commercial practice, a standardized contract is primarily used by organizations with strong bargaining power/position.
It is common for banks to offer consumers with standard forms
contract which must be accepted and complied to improve efficiency in business dealings. A term in Islamic banking standard form contracts would be considered as unfair ifxxvii;
The terms give advantage to Islamic banks and causes significant imbalance on another parties’ rights and obligations;
Clauses give banks sole and absolute discretion from time to time to vary, limit, restrict, refuse or withhold some conditions of the financing under the banking contract;
The terms are contrary to good faith and detrimental financially or otherwise to the banking consumers when applied or relied on;
Terms unreasonably limit/avoid the liability of the Islamic banks to the banking consumer;
Terms unreasonably allow Islamic banks to terminate/alter the contract or product/services provided under the contract without recourse to the banking consumers;
Terms which are not expressed in plain, intelligible language and are difficult to understand by average/ typical banking consumers.
The following are instances from Islamic banks contracts, though not exhaustive/definitive, may provide insight on the types of wordings that could be potentially unfair contract terms:a) Exemption/Exclusion Clauses
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Unfairness is likely to happen when a bank uses wordings that excludes or restricts the Islamic bankers from liability for breach of contract and protect them from being sued by the banking consumers for damages, loss, negligence etc. For example: “In consideration of the Bank acting as the Customer’s agent, the Customer shall indemnify the Bank against all actions, claims, demands, liabilities, losses, damages, costs and expenses of whatever nature which the Bank may sustain or incur as result of acting as his/her agent.”(Islamic Bank A Personal Financing-i Facility for Pensioners) Such clauses may be unfair since it disadvantaged the banking consumers due to unequal bargaining power and lack of sufficient information to determine whether terms are fair.
This
clause violate the spirit of Maqasid al-Shariah on realization of maslahah in all aspects/life because it failed to establish justice, promotes mutual support and alleviate hardship on banking consumers. It is unethical and selfish for the bankers to abuse the freedom of contract concept by discharging their liability through manipulative method of drafting the contract. Such wordings should not be used in Islamic bank legal documentation. b) Limitation of Liability Clauses Any terms in a contract that purports to limit or exclude the bankers’ liability to the banking consumer are very likely to be considered unfair. This is a sensible way for bankers to apportion risk in a contract by capping the amount of damages payable on a breach of contract, impose time limit for claims, restrict the types of loss recoverable or the remedies available and some clauses even go to the extreme of excluding bankers’ liability altogether. For example: “The Principal Cardholder and/or the Supplementary Cardholder hereby agrees to waive and/or to release Islamic Bank B from any claims or demands arising directly or indirectly from the withdrawal, cancellation or suspension of the Card including without limitation to any purported claim for defamation or losses whatsoever.” (Islamic Bank B Credit Card-i) This clause goes against the spirit of cooperation and fair treatment among contractual parties as expounded in Maqasid al-Shariah because in the credit card contract, the Islamic bank actually transfers all the risk and liabilities to the banking customer, leaving the bank no risk to
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bear while securing profit. Shariah emphasized on mutual agreement which brings about mutual consent and satisfaction on parties to a contract. Broad clauses such as this should be avoided when drafting a contract.
c) Force majeure Clauses This clause is potentially unfair because it aims to excuse one party for the non-performance of contractual obligations triggered by some unforeseeable specified events which otherwise could be breach of contract, for example: “Islamic Bank A shall not be liable for failure to carry out its obligations due directly or indirectly to any Acts of God, or force majeure, war (whether declared or undeclared), strike, riot, civil commotions, acts of terrorists, labour unrest, lock-out, fire, accident, breakdown of machinery or any matter beyond the control of Islamic Bank A.” (Islamic Bank C Credit Card-i) Even if such clause is a lawful stipulation in Islamic contract law for facilitating discharge of contract, however, from Maqasid al-Shariah point of view it is unfair to the banking consumers since such clause override legal rights of banking consumers to seek redress when banks are in default or even hindering legitimate efforts to seek redress.
d) Abusive Clauses Clause which are unreasonably detrimental to the adhering party and not in good faith could be unfair especially clauses that changes the nature of the contract such as departure from reasonable expectation of adhering party, obscure or confusing clause, lack of negotiation and unilateral drafting. The following example gives the Islamic banker the right to transfer of bank debt. “The Owner shall be entitled to, at any time and without prior notice to the Hirer, set-off or transfer any sum or sums standing to the credit of one or more accounts of the Hirer held with the Owner, including any savings account, fixed account or current accounts in towards satisfaction of any liabilities of the Hirer to the Owner, including any compensation fees under the hire purchase and any amount in arrears of the hire purchase accounts of the Hirer.” (Islamic Bank D Hire-Purchase Agreement-i) This clause violates the spirit of social responsibility in Maqasid al-Shariah because it is not in good faith since it is so weighted in favour of the banker, increase the benefit bankers
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enjoyed and excessively detrimental to the rights of banking consumers. Over severe sanctions of this kind are likely to be considered unfair when bankers are allowed to use enforcement methods which could violate banking consumers’ proprietary rights. Banks using contracts of adhesion has a duty to inform unfair clauses that are particularly detrimental to the consumer.
e) Terms that give right to final decision Banking consumer could be at a disadvantage when a term gives the bank the right to decide how contract is interpreted or whether a breach has occurred, for example: “The Islamic Bank has the absolute discretion to review and/or amend the terms and conditions of the Facility offered and/or cancel the same.” (Islamic Bank E Personal Financing-i Facility Agreement) This clause may be unfair and violates the Maqasid al-Shariah when banks are able to decide whether it has met its own contractual obligation or reserves the right to decide the meaning of contractual terms. This indicates that banks are given too much freedom in deciding how to perform a contract to the extent of altering the way contract works to suit themselves, this would cause harm to banking consumers by denying their redress that they are entitled to.
f) Unilateral Variation of actions, fees and charges Such terms give the banks the right vary any of the terms already agreed upon and allow them to modify the written contract terms on a unilateral basis regardless of the consent of banking consumers: “It is hereby declared that any amendment and/or variation of any fees, charges, terms and conditions herein contained, shall be made or caused by way of Bank giving written notice in advance to the Customer in accordance with any published rulings of Shariah Advisory Council Bank Negara Malaysia, in silent of which in accordance to the Bank’s internal policy and/or procedure.” (Islamic Bank E-Personal Financing-i Facility Agreement) Variation clauses are likely to be unfair if they are used to force the banking consumers to accept increased costs, new requirements or reduced benefits. Terms that give banks the sole right to determine and change important elements like fees, charges, T&Cs that have been agreed at its
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discretion, are likely to be unfair. Maqasid al-Shariah insist that contract is legitimate if there exist mutual consent of both parties. For variation clause to be fair, banking consumers should be given enough information when entering into the contract to foresee their position by use of such clauses, to understand the implications, and given the right to cancel the contract.
g) Unilateral Termination for convenience Clauses Termination of contract by the banks at their convenience can leave banking consumers seriously inconvenienced, and potentially facing costs. “The Bank reserves the right to terminate or withdraw the Facility at any time irrespective of whether or not you have breached any terms and conditions contained herein or in any other documents in relation to the Facility and without any obligation (be it at law or in equity) to assign any reason for such termination or withdrawal.” (Islamic Bank B Equity Home Financing-i) The above term allows banks to terminate at its option, irrespective whether banking consumers is at fault, is likely to be considered unfair. There is also potential unfairness when the bank can terminate without notice or reasons behind.
Shariah disapproves commercial
transactions that cause harm and injustice to any one of contracting parties which restricts freedom to contract as well as allowing one party to gain at the expense of another party. Banking consumers should be given a real opportunity to understand contract terms provided by a provision of a cooling-off period before they are bound by them or even cancel without financial sanction. In all the contracts above, there is an obvious scope of abusing Maqasid al-Shariah when Islamic banks apply unequal bargaining power in banking contracts. The Islamic bank’s standard form contracts has become a tool that exploits the banking consumers since they are not negotiable but provide freedom and absolute discretion for the Islamic banks to include potential unfair terms in their contracts.
The Islamic banks should not take advantage of banking consumers’
vulnerability due to their weaker bargaining power in contract negotiation, particularly when the banking consumers are left worse off than before they enter into the contract. Most of the time,
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banking consumers signed the standard form contracts in good faith but sadly these unfair contract terms are legal in nature. Islamic banks need to implement fairness by recognizing the banking consumers’ rights to equal bargaining power in negotiation leading to a transaction.
3. Conclusion Attainment of the Maqasid al-Shariah, to maximize benefit and minimize harm to banking consumers and other stakeholders, is an indispensable function of Islamic banks. In order to realize the Shariah objectives, Shariah law has highlighted respective elements that are vital for banking consumer protection such as transparency in dealings, trade through mutual consent, honesty and truthfulness in banking transaction, to earn legitimate (halal) business and just price, fair and transparent legal documentation to name a few. Some contractual wordings of the various Islamic banks under the present study in Malaysia are mostly found to create mafsadah on banking consumers and, hence violate Maqasid al-Shariah. It is expected to be easy to avoid these violations if the Islamic banks observe the universal and dynamic conception of Maqasid alShariah as the indispensable tool in their corporate objectives and policies. This indicates that Islamic banks must develop its vision and mission not only limited to individual objective by providing Shariah compliant products/services, but must also inculcate the concept social responsibility. The Islamic banks could play an important role in realizing the Shariah compliant status through its affirmative emphasis on the ethical and moral considerations in dealings with banking consumers.
By having fair and transparent legal documentation for the benefits of banking
consumers at large, the Islamic banks could seek to establish a banking business based upon fairness and justice. However, findings on potential unfair terms in Islamic banks contracts in
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this study, justify the dire need for protection of banking consumers against unfair contract terms via improved legal documentation which can play promising role in Islamic banking industry in Malaysia. Islamic banks need to deal fairly with banking consumers and ensures that contractual wordings are drafted with respect to banking consumer legitimate interests. Finally, if Islamic banks can fully realize the noble objectives of Shariah in Islamic banking legal documentation, hopefully such implementation will help enhance the performance of their business and services, establish justice and satisfaction on the banking consumers, as well as fulfilling the economic and social justice in future. Insha’Allah.
REFERENCES: Bank Negara Malaysia (2012), Market Conduct and Consumer Empowerment, Financial Stability and Payment System Report. Chen-Wishart, M (2008) Contract Law (Second Edition). Oxford University Press Inc. New York Chris Turner (2004), Unlocking the Contract Law. Hodder & Stoughton. Consumer Association of Penang, Making a contract-What are your obligations and rights. http://www.consumer.org.my/index.php/complaints/services/236-making-a-contract-what-areyour-obligations-and-rights Elizabeth MacDonald, “Unifying Unfair Terms Legislations”. Modern Law Review, Vol. 67, Issue 1 (January 2004), pp. 69-93 Hizri Hasshan (2013). Foreclosure Proceedings Involving Islamic Banking Facilities, the Current Legal and Shariah Development within the Customer Statutory Framework, 2 MLJ lii. Furmston. M (2012). Law of Contract 16th Edition. Cheshire, Fifoot & Furmston. Oxford University Press. George Gluck (1979). “Standard Form Contracts: The Contract Theory Reconsidered”. International and Comparative Law Quarterly, 28, pp 72-90. doi:10.1093/iclqaj/28.1.72. INCEIF, Shariah Aspects of Business and Finance (CIF
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Ernst & Young available at http://www.ey.com/EM/en/Industries/Financial-Services/Banking---Capital-Markets/EYworld-islamic-banking-competitiveness-report-2016 , accessed on 28/7/2016 ii Malaysian financial sector, BNM at http://www.bnm.gov.my/files/publication/fsbp/en/03_Overview.pdf iii Ernst & Young (2013). World Islamic Banking Competitiveness Report 2013-14. Retrieved at http://www.ey.com/Publication/vwLUAssets/World_Islamic_Banking_Competitiveness_Report_201314/$FILE/World%20Islamic%20Banking%20Competitiveness%20Report%202013-14.pdf
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BNM at http://www.bnm.gov.my/?ch=li&cat=islamic&type=IB&lang=en Bank Negara Malaysia (BNM) available at http://www.bnm.gov.my/index.php?ch=fs accessed on 28/7/2016 vi Shafiq Alvi, ‘Introduction to IIFM’ (International Islamic Finance Market, 2009) as cited in ‘The Transformation of Islamic law in Global Financial Markets’. Cambridge University Press Amazon.com. pg. 117 vii Akram Laldin viii Al Qurtubi ix Al-Qaradawi, Yusuf (2007: 16-22). Dirasah fi fiqh Maqasid al-Shariah. Cited by Laldin, Muhammad Akram & Furqani, Hafas in Insights on the ends (Maqasid) and the means (wassail) in Islamic finance. x Dusuki, A.W., & Abozaid, A (2007), A Critical Appraisal on the Challenges of Realizing Maqasid al-Shariah in Islamic banking & Finance. IIUM Journal of Economics and Management, Vol. 15, No. 2, pp.150 xi Chapra, M.U. (2000). The Future of Economics: An Islamic Perspective. Leicester: The Islamic Foundation. xii Alal al-Fasi xiii Chapra, M.U (2014). The Islamic Vision of Development in Light of Maqasid al-Shari'ah. The International Institute of Islamic Thought London. xiv Shaikh Muhammad Al-Tahir Ibn Ashur xv Siddiqui, S.H. (2001), “Islamic banking: true modes of financing?” New Horizon, May-June. xvi Fabianto, I. (2010), “The ethical perspective on the practices of Islamic Banking”, retrieved at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1672140 xvii Hasan Gilani (2015) "Exploring the ethical aspects of Islamic banking", International Journal of Islamic and Middle Eastern Finance and Management, Vol. 8 Iss: 1, pp.85 – 98. Retrieved at http://www.emeraldinsight.com/doi/pdfplus/10.1108/IMEFM-09-2012-0087 xviii Mark R. Patterson “Standardization of Standard-Form Contracts: Competition and Contract Implications”. Willian & Mary Law Review. Vol 52 Issue 2 http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=3364&context=wmlr xix Azimon, A.A; Sakina, S.A.Y; Kartini, A.T “Standard Form Contracts in Consumer Transactions: A Comparative Study of selected Asean countries”. Retrieved at https://www.academia.edu/15041061 xx Aliza A, & Zuhairah A.A.G, “Inequality of Bargaining Power and the Doctrine of Unconscionability: Towards Substantive Fairness in Commercial Contracts”. Australian Journal of Basic and Applied Sciences, 6(11): 331-341, 2012 ISSN 1991-8178. Retrieved at http://irep.iium.edu.my/28627/1/AJBAS_331-341.pdf xxi Akram Laldin & Hafas Furqani, “The Objective of Shariah in Islamic Finance: Identifying the ends and the means”. New Horizon. xxii Naemah, A. “Protecting Consumers Against Unfair Contract Terms in Malaysia: The Consumer Protection (Amendment) Act 2010.” Malayan Law Journal Articles (2013) Volume 1. Adnan, T. “Statutory protection of Malaysian consumers against unfair contract terms: Has enough been done? Common Law World Review. (2015) Vol. 44(3) 203-221 xxiii Unit 5 Maqasid al-Shariah. INCEIF. Pg.20. Also cited in Laldin, M.A & Furqani, H, “The Objective of Shariah in Islamic Finance: Identifying the Ends and the Means”. NEWHORIZON Jamatul Thani - Sha’ban 1434. Retrieved at http://www.maybank2u.com.my/iwov-resources/islamic-my/document/my/en/islamic/scoe/knowledgecentre/research-paper/objective_shariah_Islamic_finance_identifying_ends_means_akram_hafas.pd xxiv Chapra, M.U. (2000). The Future of Economics: An Islamic Perspective. Leicester: The Islamic Foundation. xxv CGAP Consumer Protection Policy Diagnostic Report: Malaysia (2009). xxvi NGO that publishes complaints data from a variety of sectors, forwards a copy of complaints on banks to BNM and tracks them in a database for policy/ advocacy work. xxvii This list of examples of unfair contract terms are not exhaustive. Examples were derived from many sources such as Bank or Ireland, and Australian law. v
THE EMPOWERMENT FROM ISLAMIC MANAGEMENT PERSPECTIVE: MACRO AND COMPARATIVE APPROACH WITH EMPHASIS ON THE CASE OF IRAQ Prof. Dr. Ahmed Abdul-Razzaq Salman University of Anbar, IRAQ
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Abstract This paper attempts to draw the attention of the world public opinion and all organizations that are concerning with the human rights as well about what is really going on in Iraq. The fact, is that the governments that rolled to rule Iraq used to use the illegal and unethical manner to empower their men to waste the Iraqi public money. These governments are actually as a set of teams each of them belongs to a party, each party belong to a foreign country which are mostly do not like to see Iraq as a developed country. Each party has own its agenda. All agendas aim to get the biggest share of Iraqi public money. Accordingly, Iraq after thirteen years has become among the poorest countries in the world, its citizens have no food, no shelter, no security, and even no a clear future. Iraqi citizens then appeal the world to move as soon as possible to save them from this disaster by whatever they have to do. This paper on the other hand, hopes that the current government goes quickly and honestly toward activating the reform process with support of all Iraqi citizens along with all friendly people and civil community organizations around the world. In order to contributing this campaign, and to put it on the right way, this paper propose a diagnostically, corrective, and developing approach to activate the empowerment process. This approach is a managerial approach was already used successfully before more than 1400 years by Islamic leaders to reform and develop the overall the managerial leadership and the empowerment as well. Moreover, some points have been proposed hoping to formulate the starting point toward real and comprehensive managerial reform. Keywords: empowerment, Islamic managerial approach, up-down empowerment, down-up empowerment, empowerment phases, reform project.
Introduction: In its broadest sense, empowerment is the expansion of freedom of choice and action. It means increasing one's authority and control over the resources and decisions that affect one's life. As people exercise real choice, they gain increased control over their lives. (http://siteresources.worldbank.org/INTEMPOWERMENT /Resources/ ) Empowerment , however, related to the word "power". In English, the concept leans on its original meaning of investment with legal power-permission to act for specific goal or purpose.(http://www.mpow.org/elishera-empowerment-chapter2.pdf) According to many researchers "Empowerment" is considered to be the most remarkable and important topic of administration science especially in the human resources management field since the nineties of last century. It really got an extraordinary concern of researchers and covered several pages of scientific and periodical magazines more than one decade. Most of the studies reached a specific fact which is that ; the "Empowerment"is one of the most significant principle of democracy and transparency as well and then it forms the main base of "Governance". Some see it as the crucial key for a comprehensive development and welfare. The importance of the empowerment is manifested through its requirements which assuring on the necessity of exchanging the ideas, thoughts, and information between all the organization levels in order to achieve the objectives effectively and officially. On other hand it encourages thesubordinates to be a major player in formulating the policies, putting the plans, and making their depended decisions. Moreover, it enhancing their contribution, competence, and satisfaction. Gallup's 2013 Employee Engagement Survey for example, which studied nearly 14 million employees across 50000 work units, found that those companies that understand the importance of empowering employees and are most active in their employees engaging practices benefit with: 22
-Better customer rating -22% better profitability -21% more productivity -Significantly lower staff turnover -37%less absenteeism -41% fewer quality defects.(www.forwardfocusinc.com/jumpstart-change/the-importance-ofempowering-employees) Unfortunately most of the studies and researchesemphasized on the positive side of "Empowerment" and on the its micro level (the organization level) but they forget to bring the attention toits disadvantages when it is practicing in a wrong way especially in the macro level (the government level).In to other wards, Empowerment requires from political leaders and executive managers to conduct it with the legal role and path that specified for it.Accordingly, they should be very close to their citizens and employees feeling , following, and fulfilling their needs, trust them ,delegatethem authority to achieve their duties ,encourage them to release their creative thoughts and accomplish them, providing them with the required information and other resources they need beside participating them their happiness and sadness. That means that, whenever citizens and employees feel satisfied about their leaders performance and their jobs environment ,surly they are goingto erupt their latent capacities and capabilities to support their leaders and managers efforts to work as a team toward accomplishing their government and organizations objectives effectively and efficiently . Thus, governmentsandorganizations that adhere andadopt empowerment will be more likely feel that they are becoming more strong and more capable to compete its competitors and able toface the challenges andcould adapt confidently with theglobal changes toward being always survival and developed. Developed countries , however, have realized early how significant and important is the empowerment to their development, people, and future ,thus they located a lot of resources in order to rehabilitate their citizens and employees capabilities to be more interested , encouraged,and acceptable to practice the empowerment process in their organizations. It has been proved scientifically and applicably that Empowerment is an active andattractive way tobring people, individuals, and employees along with their leaders and managers efforts into a such kind of a cooperative way toward drawing a better future for them and for their countries. Unfortunately, the empowerment technique used in a wrong way in some developing countries ,( Iraq is among them)it is usedto achieve the political leaders interests.
Research importance:
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This paper concerns with the "empowerment" as an urgent tool and prerequisite condition for achieving the organizational success and building the competitive advantage at the organizations level. Moreover it is an essential factor for accomplish the overall development goals of any country . At the same time it is considered to be a key variable for adapting to the environment changes and for facing its challenges at a time the world witnesses a complicated and ambiguous circumstances.
This study well distinct from other by the following: 1-It is focusing on the role of the empowerment at the macro level ( government level) more than at its micro level, because we believe it has not less importance than the micro level (organization level) role but may has more importance than it because it deals with the people life and with the all country's affairs and development well. We think also that this subject has no enough concern by the administrative researches. Then we expect that all political leaders along with any manager or responsible have to have an urgent need to know a lot about this topic. 2-This study sees that the empowerment has two phases . One of them is a positive when the empowerment process practicing according to its legal and moral framework. The second phase is a negative when it is practicing far away of its framework exactly like what is happening in many countries that witnessed wars and the chaos reigned in. Iraq off course is on them and occupied the top of those countries list since 2003. We believe also that the negative phases needs more focuses by specialists to explain it and its effects on the citizens. Moreover , this study emphases on Iraq as a case study because the researcher is mainly an Iraqi citizen and he lives daily within its events.
Research objective: 1- This paper is an attempt to deliver a message to the world showing the truth that the Iraqi governments running the country and uses the empowerment and the authorities to utilize its wealth according to the foreign agendas. Thus, it expects to get much sympathy and a great concern by the social civil organizations and human rights organizations to support any effort toward rehabilitating the infrastructure of each field in Iraq. Moreover this process may motivate the current government to start toward implementing its reform project. 2-In order to support these expected efforts , this paper proposes the Islamic managerial approach to be the an effective method to face these challenges and correct their effects and then to develop the government and organizational empowerment toward improving their performances. It must be considered that this approach should be exercise at the same way that be exercised by the prophet Muhammad peace upon him and his followers so they could build a unique civilization through a record time. It is used to be as a :diagnostic, corrective, and developmental manner for overall development. The paper proposes also a set of points hoping that they are shaping the launching pad to start with the promised and the comprehensive reform implementationEmpowerment: a theoretical view.
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Research Method The description methodology which has been used in this study is considered to be the best research method and most frequently used in the human and social studies.(https;//www.manaraa..com /post/2029). It aims to describe a phenomena or event (such as the Empowerment) through gathering data , information , and facts about of it ( through the scientific sources), describe the circumstances affect it, and determine its situation as it is exist. (http://sit.ingasza. edu.ps/as amour /files/2014/02/3) . In many cases however, this methodology expanded to contain the following aspects: -It is used like a descriptive diagnosing methodto determine the effectiveness levels of some phases of a phenomena. -It is used as evaluating tool to determine what is the phenomena ought to be to be more productive. -It is used to suggest significant steps and methods toward improving a phenomena performance or behavior.
The empowerment concept: According to the linguistic meaning of the term "Empowerment" is based on the idea of giving employees : skills , resources , authority , opportunity, and motivation, as well as encourage them to hold their responsibility toward accomplishing the outcomes of their actions,so that will enhance their contribution, competence and satisfaction.(www.Business dictionary/definition/empowerment). Oxford dictionary defined it as: give (someone) the authority or power to do something. (www.oxforddictionries.com). While Cambridge dictionary defined "empowerment" is something that is empowering makes you more confident and make you feel that you are in controlof your life. (dictionary.cambridge.org). Collins dictionary sees that the "empowerment" is approving having qualities that give a person or group of people the means to make more control of their lives and become stronger more independent. (www.collinsdictionary.com). Other dictionary emphasized the legal or official meaning so it defines it as ;is to give power or authority to; authorize specially by legal or official means: "I empower my agent to make the deal for me. The local ordinance empower the board of health to close unsanitary restaurants." (www.dictionary.com) The ideas behind the researchers definitions of empowerment by its terminological meaning have no that big difference from its linguistic meaning. Blanched example pointed out that the empowerment is as a new managerial philosophy aims to empower the employees who can utilize their potential environment on behalf of their organizations (Blanched,1966:13).Conger and Konugoconsidered it as a motivation techniques forselfefficacy.(www.aleqt.com/2008/09/15/artical_154887.html). While Daft emphases on its forms; he sees it as a ;power, freedom, andinformation given to the employees in order to participate their efforts and capabilities in decision making process.(Daft,2001:205).Empowerment ,according to Griffin on the other hand, is a rehabilitatedprocess for individuals uses to help them to clarify their
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goals along with their responsibilities toward the participation in decision making, and give them the freedom for solving the problems may face them.(Griffin,1999:499). Aldahir and Marzooq however, gave a set of empowerment meanings or synonymous terms of it gathered from many definitions. (http://www.minshawi.com/other/altaher.html) Such as; trust,freedom,resources,power,authorities,responsibilities,convenient environment,or/and rehabilitate the employees vocationally and behaviorally and empower them to make their decisions independently. Nevertheless, we look at the empowerment as we are also one of the administrative students may be from a wider perspective. We think that the empowerment is a leadership and managerial process at the same time and it have two directions . Down –top direction representing the mandate or the acceptance or of the people (citizens) to be leaded or represented by some other qualified people (political leaders, ministers, parliament members and so on). The another direction is Topdown direction which means delegating the subordinates with the authorities they need along with all information , skills, and other necessary requirementsmay need to accomplish their duties and to take their decisions dependently. On the other hand, we see also that there are basically two organizational levels that the empowerment as the managerial process is mainly practicing through. The macro level or government level which may represents the public administration orientation and the micro level or the organization level which may represent the business administration orientation. Each of them of cores has its own philosophy and its own rules, principles and objectives.
The importance of empowerment: Many theorists and researchers have expressed their opinions about Empowerment importance through their studies or through their practical experiences. Umiker however, could deduced the importance of Empowerment and divided it into the following levels as below:( htt://www.minshawi.com/other/altaher.html) The importance of empowerment for organizations 1-Raising productivity. 2-Reducing the absence percentage of employees and turnover. 3-Improving products and services quality. 4-Reaching to a distinguish position . 5-Increasing the competition capabilities. 6-Increasing the cooperation with employees toward problem solving. 7-Raising the innovation capacities. The importance of empowerment for individuals 1-Fulfilling the individuals self- determinationneeds. 2-Raising individuals resistance against work pressure. 3-Increasing individuals loyalty to their organizations. 4-Individuals fell satisfy about their jobs and supervisions. 5-Increasing the self- motivation of the employees. 26
6-Enhansing the individuals sense about their responsibilities. 7-Encouraging toward combined the individuals interests and their organizations interests. Other specified the importance of empowerment by : (www.pchodo.org.) 1-Reducing the number of managerial levels. 2-Organization need to be more compline . 3-Organization leaders should give the employees the freedom to run the daily affairs in order to save their time for the strategic issues . 4- Managers should optimize the organization resources especially the human resources in order to maintain the competition. 5-Managers should work hard to release the employees creative and astrictive capabilities. 6-Managers should run to reduce the operation costs through reducing the number of the managerial levels. 7-Giving the individuals more freedom and responsibilities will make them feel better séance about their performance. 8-Managers should make the organization climate more attractive for empowerment application. Chandan&Sitaram maintained that the employees who are strongly empowered are economically attached to the organization and have strong desire to continue significantly toward organization success. ,this lead to increase; competitiveness ,accountability, risk taking, highly innovation, low wages, and the desire to improve overall performance. On the other hand, the increased individual commitment and commit out to work as groups or teams will improve teams; performance ,interpersonal, interaction, and enhance individual performance and raise the degree of satisfaction. Empowerment, thus inspires changes and increases the level of workplace commitment and helping for achievement of organization goal (www.iist.org). Ali(Ali et al,2008) pointed out the importance of empowerment according to; Eccles(1993) ,Turun(1999), and Daft(2001) as the following: 1-It is a determinism and urgent strategy for organization to improve production of goods and services. 2- Adoption it by entrepreneur organizations leaded to positive outcomes and encourage other organization to adopt it too. 3-In order to create the learning organizations and to lead them to reach high standards of performance. 4-Challenges that face the business environment today in the shadow of sever competition need to concentrate the organization capabilitiesespecially the human resources in order to accomplish the specified objectives. 5-It can help the organization with the effective human resources who have high experience and distinctive skilled in order to achieve its goal efficiency. While Streen(1993) mentioned that the empowerment give the organization a high flexibility to let it capable to adopt quickly with the environmental changes .(Ali et al,2008) In line with our vision to the empowerment, we can say; if the empowerment process practicing according to its legal and ethical requirements (which will be discussed later) ,it well lead toa 27
strong cooperation and collation between the political leaders and citizens toward the public interest accomplishment and then toward the overall development and prosperity achievement, this is at the macro level.At the micro level however ,the empowerment process will bring both the managers and the qualified employeestogether to such a sort of integration , cooperation, and attachment toward the organization goal accomplishment in term of a clear; vision, message ,objectives , a constructive strategy, and other complementary governance basics unlike so the results will be negative.
The empowerment requirements: Empowerment likes any managerial process needs its own requirements to run effectively. Through their experiments and studies researchers and management specialists tried to set up united requirements for "Empowerment" put unfortunately failed to reach an agreement because of thedifferences of their scientific backgrounds or attitudes or the outcomes gained from their works or maybe for other reasons. For example some see that the empowerment must start with astrategic fit between ; people,tasks, technology, information process , and organization structure before the organization can work effectively(www.iist.org). While others likeMulhim and some other researchers suggestedthat the managers should interest with what their employees are truly need to accomplish their work effectively and efficiently and work hardly to achieve the following requirements: (Mulhim,2008:10) 1-knowledge and skill. 2-trust. 3-information and technology. 4-Motivated rewards. Ali and her colleagues however , could gathered some researchers ideas about empower requirements such as; Simon(1995),Heizer& Render (1996), Collins (1997), and summarize them as bellow: (Ali et al,2008) 1-Creating communication networks with employees. 2-Building multi work teams types such as; quality circles,self- directed teams,and so on. 3-Building an organic structure which can response to the environmental changes. 4-Shifting out from the direct style of control to indirect one (self- control). 5-Building a learning organization which has a high a cooperative spirit. 6-Adopting the decentralization principle base on a wide delegation of authority. Al-Autaibi has pointed out other requirements necessary for the empowerment process: (AlAutaibi,2005:8) 1-Building ambience of trust between the management and its employees. 2-Encourging employees to engaged with the self- learning and development courses or through the internet programs. 3-Dealing with the self- management teams. 4-Building effective and integrated communication channels.
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5-Encourging employees to participate the decision making process. In our point of view, both levels of leaderships needs its own empowerment requirements as below: At the macro level however , the requirements may be look like the following: 1- political leader should believe in his citizens capabilities , powers and roles and should know that they are the main source of his authorityand the key of his success and fail as well . 2- Political leaders demanded to trust their citizens and encourage the eligible of them to take the initiative and to participate in ; the political , policy making , and decision making processes. 3- Politicians should participate their citizens to set and announce their state; vision , message, objectives ,and all strategies are going to accomplish the development plans. 4-experts and consultants citizens in all fields should be invited and should have a great concern and then motivate them to mixed their experiments with the efforts of leaders for improving the government and the organizations performances. 5- Always maintaining the communication network to contact with and interactive their citizens and other civil society organizations transparently toward the thoughts exchange and for making better decisions. 6- Empowerment should be authorized according to the actual need and to the right persons and by the required amount of possibilities. 7-Woking toward promoting and maintaining a national culture which must fight against the corruption and terries. While at the micro level ,the empowerment requires from the top management to have the following characteristics:. 1-It is welling to build the; trust, cooperation, and interactive ways with employees. 2- Big efforts should be made toward having theeligible employeesand encourage them to participate indecision making process. 3-Management must have a clear vision for their organizations and could translate it to a message , goals, and then put strategic plans to achieve its goals. 4-Top management must; organize, control , and evaluate its organizational and individual performances based on governance principles. 5- The managerial principle " put the right man in the right place " should be activated at all level of organization and should be a main dimension of the organization culture. 6- In order to reduce the gap between managers and their employees and to reduce the numbers of the hierarchy levels in the organization, effective communication networks should be built within the organization. 7- Managers at all organization levels must concern with thestandby work teams to deal with the critical and emergency problems. 8-Hierarachy along with internal environment should be flexible enough and able to response with the external changes and challenges. 9-Strict procedures along with a clean organizational environmentand aconstructive organizational culture to fight against the corruption is very necessary.
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10-Moving quickly toward getting the ISO and other quality certificates from its recognized sources for all affaires. On the other hand ,it is very important to the government (at macro level) and the organizations (at micro level) to put the above types of requirements into a such type of a strategy or plan toaccomplish them rationally within a time schedule. They should arrange them according to their logical base or according to such a priority (see the research model below) . The research model , however, design according to the systematic approach to link the empowerment requirements with other intermediate results and final outcomes. Its input represent the empowermentrequirements.It is abbreviated as (ECPI),each letter of it represent the first letter of each name of stages.
Fig(1): The research model The Fig designed by the researcher
The empowerment dimensions: Despite the lack of agreement on the specific dimensions of empowerment but reviewing the opinions of some researchers in this respect would be useful to build a logical perspective on this subject. The following are opinions of some researchers about empowerment dimensions. Spector specifies two dimensions of empowerment: (http://minshowi.com/other/altaher.html) 1-Skill dimension which means that the employees should be taught and trained to let them capable to solve their problems and taking their decisions confidently and then to make them feel they are trusted by their responsible. 30
2-Managementdimension which means that the management should give employees the required freedom and authority to make their decisions and accomplish their ambitions. Lashaly and Mcgoldrick have maintained five dimension in their study: ( AL-Utaibi, 2005:78) 1-Task dimension. 2- Task allocation dimension. 3-Power dimension. 4-Commitment dimension. 5-Cultural dimension. Jawad&Hussain(2007)have showed the opinions of: Draft(2003),Brown(1966),and Ivancevich(1998) separately ;
According to Draft (2003) the empowerment dimensions are: 1-Management dimensionwhich demanding the managers to offer the required information to the employees to achieve their tasks. 2-Knowledge dimension which demanding the managers to provide employees by the needed skills through the different channels. 3-Power dimension which demanding the managers to provide employees by the required power to make them able to support decisions making process by creative thoughts and encourage them to be change agents. 4-Reward dimension which means support employees to do the perfect performance through sharing them the organization profit and let them toshare in stocks .
Brown(1966) specified the dimensions by: 1-Quality dimensionwhich means that the quality should be just like a goal or slogan that should be recognized and adhered by all organization members beside they should be gotten and delegated by every unit of information or authority they need to accomplish it. 2-Resources dimension which means that the management and employees have to have all necessary finance leads to accomplish their duties and performance according to the total quality management requirements. 3- Delegation dimension which means that each members of the organization should get the required authority that enable them to achieve their responsibility and then to accomplish the organization objective.
Ivancevich defined three types of dimensions as bellow: 1-The work teams techniques should be activated in order to leave the bureaucracy obstacles and to reduce the hierarchy levels toward facilitating the communication between all organization members.
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2-Required information must be accessible for allemployees and people as well within a high degrees of transparency. 3-Organizational hierarchy must be fixable and fit with the work teams technology technique. According to our point of view however andtaking in our the views of other researchers into account, we divided the dimensions into seven groups as belong: 1-Ethicaldimension : ethics may be difficult to be measured quantitatively becauseit is an internal component inside the human being. But on other hand it can be felt through the behavior of human being. Ethics moreover,requires fromthe human being to do everything accurately, correctly, and honestly.According to this dimension human being should fair God punishment more than anything else and prevents anything leads to the corruption or God anger.In this séance everybody in any organization level shouldset up for himself or herself what is called the"conscience control" or "self-control" and maintain them to prevent themselves from anything may harm their reputations. 2- Legislative dimension: according to this dimension the human being behavior should be evaluated and controlled by law and its regulations and instructions that rule the country and its institutions along with respecting to the national and local cultures. 3-Skill dimension: it emphasizes on the skills and experiences that should be provided to some individuals and employees to improve their efficiency toward enhancing their performance and support their trust in their selves and their supervises. 4-Management dimension:this dimension makes imperative for the political and managerial leaders as well to announcea clearvision, message, objectives, and strategy at both micro and macro levels for all peoples and they have to be ready to communicate them transparently receiving any objections, suggestion, or any comment coming from . On other hand, subordinates and employees should be provided by whatever need of ; freedom, information, and other required resources to make their decisions and to fulfill their ambitions. 5-Cultural dimension: according to this dimensions habits and customs should be reviewed and assessed to accept those that are useful and constructed and abandon those that interfere with the growth, progress, and development in order to build a convenient local and organization culture. 6-Scientific dimension :This dimension goes toward strengthening the scientific and professional aspects of the scientific and educational institutes output in accordance to both of the national development and the total quality management. 7-Motivation dimension: according to this dimension leaders, managers,citizens, and individuals should be motived to sacrificetheir special interests on behalf of the public interest and their organizations objectives. By contrast,monitoring role along with participation in political and decision making process for all people should be strengthened through different channels. In words it is insuring on the national and functional belongings.
The empowerment from Islamic perspective: TheEmpowerment term has been maintained by the same ward eleven times in seven verses in the holly Qur'an .on theother hand, it has been maintained by its meaning as stated by some
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dictionaries and researcherstenths of times in different locations of holly Qur'an verses.The meanings of empowerment distributed among ; the basic features that must available in the leader and the resources needed to accomplish the empowerment tasks and its objectives by him and his subordinates . Furthermore ,God warnedthose who use thatfeatures or resources for their own purpose, otherwise they will met a severe punishment.
The empowerment meaning: Basically, empowerment has many meanings some of these meanings are dealing with the leadership traits, some of these traits are granted to some individualsby God, other obtained from family ,clan,and community traditions. A person who has these traits or even some of them called a Charisma or the Great man according to the leadership theories. Such person like this person usually gotten a highest respective situation and absolutely obeyed by his followers.Among thesetraits are; power, honesty, devotion, endurance, dignity, tolerance, kindness, sacrifice, austerity …etc. On the other hand, we can classify the meanings of the empowerment mainly into two categories of traits as stated in holly Qur'an distributed on different verses as bellow : 1-Tangabletraits; such as: properties, money , equipment, angles, weapons, water, rain , gardens, lands , rivers, enamels, buildings, mountains, iron, and so on. 2-Intangable traits; such as: stability and security environment, information, positions, authority, responsibility, communication, freedom, power, trust, consultation, decision, transparency, honest….etc.
The empowerment constituents: First of all, Islam emphasizes on the human being as the most precious value seeks to keep it at the top of its priorities. God asked his prophet as he requested before from all hisprophetsto show the people the straight path to success and to order them to follow it in order to help them avoid; oppression, corruption, and confliction. God however, shows and explains the relationships should be built between leaders and their peoples and between people themselves aswell. All relationships must be based on piety, cooperation , and love in order to implement his massage on the ground as it should be .Profits messages mostly contains the ideological and transactional issues to guarantees a perfect life to all people.Prophets, into other side are responsible for making every issue in each aspect of life clear enough to everybody .In the same messages,however, God used to teach his prophets the suitable ways for practicing their duties and directing them to take the right leading style due the situation or circumstances they my face with.As he sent his prophet Muhammad, the last prophet to all creations ,he asked him that the policy formulation ,decision making processes and crises response as well should base on the collective contribution technique. Therefore ,this type of leadership which is now known asthe "democratic leadership "by recent leadership theories were actuallyexisted and has been practiced by prophet Muhammad before more than 1400 years ago. Most of his followers follow the same style.This type of leadership was
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known the "Shura " .Shura however,mentioned in holly Qur`an as a consulted mean forexchanging the ideas , thoughts and informationtransparently between leaders and their followers about any issueor matter concerning the society affairs or interests .This type of behavior called idiomatically today as a "Governance" or the rational government. This sort of leadership style requires from the leaders to empower and support their accessories by whatever they need such as; authority, freedom, information , skill and other techniques and resourcesto practice their roles and implement their works effectively and independently. Thus, in the shadow of "Shura", we can summarize the following criteria as the Islamic empowerment constituents: 1-The leadership: a-The leadership style in Islam is basically known; the" sponsoring leadership" which means that any leader in any human being gathering containing more than two persons must beresponsible for his followers affairs.He or sheurgently asked to; counsel them,advise them, and direct them to the productive work and help them to avoid them unacceptable behavior. Type of known leadership theorieslike;father, democratic, interaction, servant, and traits are implicitly presented in Islamic leadership style. b-Leaders and their eligible followers are formally and ethicallyresponsible for clarify the : vision, message, and objectives of both the government and its ministries and they should form the strategic and other short plans to accomplish them within timely schedules. Any tools or techniques lead to improve the effectiveness and efficiency of these programs are already necessary to be involved.
c- Leaders and officials at any level mustobtained their positions according to their competence and through the acceptance of citizens and followers (down-up empowerment). d- On the other hand, people legally have the right to refuse their leaders when they feel that they are no longer able to take their responsibility or become nohonest or fail to face the new challenges. 2- Decision making: Basicallythere are two type of decisions most likely used to taken depending on the nature of them and to what extent are serious or critical at current situation or circumstances. These decisions are: a-The critical decisions or those that cannot be dallied are usually taken in consultation with special group of experts or knowledgeable . Such decision related to the wars, natural disasters , and some danger crises are an example of these decisions. b- The routine decisions related to theconstruction and development are usually taken in the consultation with the stakeholders , peoples, or through their representatives (tribe chiefs), which known today as the parliament. 3-Control and Evaluation: According to the Islamic constitution (Qur'an), There are more than a way of monitoring and evaluate the government or organizational performance, the following are some of them:
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a-Self-Censorship or Censorship of Conscience is one of the most of important methods of the control In Islam because it is invisible and it have a great effect on patterning the behavior of the human being toward the right and productive behavior. Its effectiveness dependfrequently on how deep the faithof the individual and the extent of his fear of God's wrath. b- Official or Institutional censorship. Under this kind of control, a qualified and honest person or committee should be assigned to monitor the behavior and performance of the professionalsand traders with people beside checking their goods and services quality to make sure they are safe to consumption. Part of this control called today Standardization and Quality Control. This type of the control which contains the behavioral and performance aspects however, called"Hisbah" in Islam. C-Mass or Public control ,which include following-up and monitoring the performance and behavior of leaders and officials by members of community. Moreover, people have the right to demand isolating the inefficient and spoiler leader or officials from their positions 4- Communication methods: There is no any problem or constrainpreventing citizens or officials to connectto their leaders in any time whenever need arisesin term of; idea exchange,questions need to be answered, demands need to be fulfill, any complaint against any individual whatever his position or belongings. All problems solved through a fair and transparency way. Communication methods between people and their leaders or mangers at that time were simple which are an interview face- to- face if the distant between them is short or by letters if it is far away. 5-Information and Instructions: There are three sources mostly used by leaders and individuals as well to; set up their plans, organize their works, control their performance, and evaluate their behaviors: a-Holly Qur'an is the constitution of the Islamic nation which is proved to be applicable for any time and any place. It included information about everything for every aspect of the life needed to know by human beings beside it organized their life affairs .It included also instructions that direct individual to take their delay decisions in the right way and controlling their behaviors to be stayed away from corruption. Many theories, however, at several fields of knowledge taking Qur'an as areference or evidence to support their theoretical parts orto support their applied results. In order to approve the validity of Qur'an's instructions and profit recommendations which based on them,many of non-Islamic studies havesubjected some different aspects of them to the studies forming them as hypotheses or variables and then analyzed them scientifically and finally they are surprise by the results they reached to. Moreover, some of them are subjected to the laboratory analysis and proven their validity. b-The prophet'ssayings is second sources which is usually used to explain and clarify some instructions or issues that contained in Qur'an to make them more understanding and easier to apply. This is because they are usually characterized by generalized and most people want more explanations to be able to answer their questions. The prayer, for example mentioned by Qur'an as 35
obligatory duty for every individual became adult , but on the other, Qur'an did not explain; how and when should be done ,how many time a day should be done and so on, so profit explain that for the people. Profit of cores, gets these clarification from God by Gabriel. c-The prophet's companions and their followers is the third source. They are basically follow the Qur'an instructions along with the prophet's sayings for judging or assessing the standards matters dealing with people affairs, but some issues have no specific interpretation because they are just new or they did not taken place before, so they have to use their knowledge and their talent to deal with them. This type of process is known as "keyas" or "Ejtihad". 6-The environment: When the Islamic state originated , all people regardless to their religions or affiliation became live in a security and stable environment .This situation encourage them to build their infrastructure in cooperate with their leaders. Ultimately ,people found themselves because of their religion instructions are automatically been pushed confidently to participate their leaders in the decision making process ( today known as Management by participation). Accordingly, the leader and his followers encouraged to empower the qualified people by whatever they need to accomplish their inspired effort toward the state development. 7-The national cultural: When Islam has come to Arab society, has found two types of traditions and habits . One of them calls people for cooperation, compassion, and love each other, while other encourage them to division, intolerance, racism and looting of people's rights. Islam acknowledged the first one and came with more constructive characteristics to be all together as evaluators and directors of the human behavior and in the same time to be as the bases for a new national culture. In the contrast, it has refused and fight other habits that lead to the corruption or break out other people rights . Accordingly, during a short period of time, Islam could create it's a unique national culture.
Types of empowerment: Actually, in Islamic there were two types of empowerment as we mentioned previously which are:
The up-down empowerment: It means that the leaders or managers need to delegate; authority, information and other required things wanted by their subordinates or employees to accomplish their duties or making their independent decisions. Nature and the extent of delegation process depend on three conditions: 1-The nature of the situation that requires the delegate process and how important are the expected results that may be achieved in the case of that process done successfully. 2- The quantity and the quality of resources are available at that time. 3-How is the ability of the empowered individual to achieve its tasks. Onwards , has he or she enough capability to do his or her job correctly?.
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The down-up empowerment: It means ,that the real source of the authority and empowerment of the political leaders , their ministries and subordinates and the parliament members as well at the macro level( government level) is the people or society members. While ,in the case of managers at the micro level ( organization level) is the employees is the real source of their authority and empowerment process. There for, the experiments across the world suggest that most of the countries that have been neglected their people ideas and participation faced great difficulties towards their growth and development objectives.
The outcomes ofIslamic empowerment approach: 1-At the macro level; a distinguished, attractive, and advanced civilization has been created within a very short period of time at everyfield of society life . Ithas been witnessedby all nations. It has achieved the prosperity and happiness for all its citizens for many decades. 2- At the micro level; some public and judicial organizations have been emerged to fulfill people needs and demands. Many private shops and workshops also have been existed to sell or produce some simples goods or services for people. They have been usually worked under the same instructions and culture , so there was no monopoly and no corruption. Each of the public and privet organization however, played its underling own role toward serving the overall development objectives.Each individual works in a public or privet organization liked his job and felt very satisfied about his management. Employees always been encouraged to work hardly and they have been empowered effectively to play theirinnovated rules.
The empowerment in Iraq: Let us start with our prophet say, he said (If any position assigned to ineligible person then you should wait the hereafter hour) , in other words, he warned from never following the managerial base: ( putting the right man in the right place). On other hand, there isan Arab wisdom or probe have the same meaningswhich says: (the looser of a thing cannot give it).In words, Iraqi governments which have been formed after the American occupation do not have at least the minimum qualifications required to cope with the crises arose after the chaos left by the war . These governments look like a gathering of people come out from different parties through inadequate paths regardless to their scientific or experiment backgrounds. They are mostly elected according to the sectarian or ethical considerations. Most of their concerns however, centralized on "how can he or sheutilizes their empowerment to achieve his or her party and personal objectives" and " how much money or properties can gain during their period in the power ?".Their roles and the strategic decisions are basically determined according to foreign countries agenda. These countries are not in their interest stabilize Iraq. Furthermore,dismantling the Iraqi military and police along with ruining the infrastructure on one hand, and writing the new Constitution by foreign hands with cooperation with a group of Iraqi expatriates regardless to the Iraqi privacy, on the other hand ,all of that create a new environment which allows to practice the corruption , spread
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chaos, and proliferate militias was a main objective of that agenda. Under this sort of circumstances , many of the governments and parliament members enabled to gained a lot of money and properties through illegal or corrupted manners . That means ,that the empowerment process that has been practiced at both the government and organizational levelswas illegal and corrupted and devoted to steal the country wealthy.
The intermediate outcomes of the current government model of empowerment: 1- Emerging a strange culture encourages to practicing all types of corruption without any respect to the Iraqi people privacy . 2- Creating unstable environment that encourages the continuation of chaos . It does not allow to do the constructive works or investment in order to at least to rebuild or fixed the country infrastructure.
-The final outcomes: The final result is; a recessive country, hungry and displaced people, ongoing crises, and mysterious future.
Conclusion and Recommendation Conclusion 1-Empowerment is one of the most recent and importantmanagerial subjects effects the performance effectiveness and efficiency in addition, it hassignificant implications on the organizational success and overall development . 2-Empowerment actually has many meanings and forms and practicing at the political and organizational levels as well. Moreover it is a key criterion for assessing the effectiveness of decision making process. 3- Even though its significant role toward improving the government and organization performance but on the other hand it may cause very serious outcomes for the people and their homeland capabilities if it exercised out of its legal framework. 4-Empowerment has more than one dimension reflecting its value along with its effects into the growth and development at both the government and organizational levels. 5-The way that the current Iraqi government leaders has used to practice the empowerment process is basically illegal and unethical and does not conformity neither with the Islamic or non-Islamic managerial ways. Political and executive managers along with those who are being empowered by ,mostly either are not scientifically or not tacitly eligible to exercise the empowerment in the right way or may be forced to serve their party agenda or to achieve their private interests. As a result,, Iraqi society is divided into two layers; the ruling class which is having all authorities and all the country financial resourcesbecame the most wealthy group. They could gettheir own properties illegally and they save a lot of financial assets inside and outside of the country through
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manipulation and trickery and through false contracts. The second class represent the rest of Iraqi people whose money has been stolen and then they are lifted under poorness level facing ambiguous future. 6- Under such complex circumstances and unknown future facing Iraqi people it becomes very necessaryfor us as we are one of them to looke for an effective way to save our country from this situation before it's too late. Since we are Muslims and basically has rich historical experiments that practically proven at all fields and in all organizational levels achieved by the early Muslims. Practicing the advanced managerial techniques such as (the empowerment) was one of that fields. There for, we are not obliged to searching another alternative solutions or approaches are still in the experimental stage and are still subject to discussion and controversy. Hence, we proposed theIslamic model of empowerment to be the legal and ethical guide. It has actually three phases which are arranged logically. These phases are ; diagnostic, corrective, and developmental. The diagnostic phase has to identify the problems complaining with the wrong practicing of the empowerment process. The corrective phase used to correct those problems scientifically and logically. Then, the role of developmental phase centered on submitting a plan to improve that process by identifying the potential changes and the future challenges and identify what are the methods that must be adhered to deal with them to avoid their negative effects (the situational theory of leadership) .
Recommendations: Our recommendation to Iraqi political leaders is to taking the initiative and invest any possible way to stop any type ofcorruption immediately. they should recognize two facts. The first one is that the credit for bringing them to the power back to their citizens who elected them because of their promises made to them to fight the corruption and to try their best effort toward providing them with a happy and safe environment and to enabling them to rebuild their country infrastructure and encouraging to attract the foreign investments leading tofor better life. Secondly, starting from the Islamic managerial principle which says: "All of you is look like a shepherd and each of you is responsible for his flock". Shepherd means the leader in any unit beginning from the smallest one which may be the family and ending with the largest unit which may be the government. While the flock means any gathering of people more than two persons. Thus, the ethical and religious factor require from the leaders and managers or any responsible to achieve their people 's needs in order to fulfill their promises made to them before even thinking in their own special interests. Unfortunately, most political leaders who reached to the authority have neglected the public interest and broken their promises made to their citizens and they have gotten busy, instead of , in to their private interests. On other words, they have used their authority and utilized their empowerment to achieve their interests. Thus the worst situation that Iraqi people live with today is basically the outcome of that wrong use of the authority and empowerment of their leaders.
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Accordingly, Iraqi people along with all civil social organizations andhonest people across the world are hopefullywaiting from the recent political leadership to take bold and constructive steps toward the actual reform that promise to adopt it recently. Extraordinary and urgent efforts must be immediately offered to stop any way toward supporting or motivating the sectarian diversities or encourage assassination people according to religion belonging identification. The boards of those countries that support tarries must be closed immediately. Strategic plans along with timely studied reform program for implementing strategic goals starting with rehabilitation of the infrastructureshould be developed by a team or committees of experts in all type of fields. The following are just some stepssuggested may be useful for the team to start their work with but their views on the this subject remains the most important. Anyway, the following suggested steps are not obligated. 1-Special committee composed of highly qualified specialists and experts represent all the required specializations regardless to their belongings and religion is urgently needed to be formed . The task of this committee is to forma " National Risqué Council" (NRC) to replace the parliament . 2-The main message of the NRC is tomonitor the implementation of the strategic plans and programs . 3- The number ofNRC members could be specified according to the overall development requirements and thesituationalconsiderations, taking in account the unexpected environment changes and challenges. 4-NRC forming process may require the following steps: a-Announcing about the required specialties along with the required conditions through all potential media. b-Calling and encouraging all the eligible people inside and outside the country to join NRC. c-All candidates should submitted to several interviews and tests and their certificates must be checked carefully to ascertain the extent their eligibility to join the committee. d-Those who fulfilling all required conditions should be announced to Iraqi people through all potential media to insure that there is no objection about them. e-Objections about any candidate should be studied carefully and transparently ,then the suitable decisions should be made accordingly. Since the NRC be formed , the task of committee should be finished.
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The role of NRC 1-The council should held many meetings to elect the persons who are going to occupy the following positions: the President of the council, Republic President, Prime minister, and ministers from among the council members. 2-NCR should specify a clear vision, massage , and policies conformity with the strategic plans to achieve strategic goal should be developed. 3-New constitution, some roles, and laws should be rewritten to fit with the new strategic plans. 4-Leadership and managerial styles along with the empowerment should be corrected or redefine according to the new constitution. 5- Refilling the executive managerial positions by the qualified persons regardless to their belongings according to the managerial principle "Putting the right person in the right position ". 6- The performance of theorganizations and their individuals must be submitted to the auditing and controlling by the inside and outside official bodies besidethe public and civil society organizations monitoring. 7-Organizationl performance evaluation along with individual performance appraisal programs must be design according to the governance principles .
References: 1-Blanchard, K. & et al1996, Empowerment : takes more than a minute , Berett-Koehier Publishers, Ins., Sanfrancisco ,USA. 2-Draft,R.2001, Organization theory and Design, 7th ed. South Western CollegePublishing, N.Y., USA. 3-Griffin R.1999, Management, 6th ed., Houghton Miffin Co. Boston, N.Y., USA. 4-Krajewaski ,L. andRitzman L. 1999;Operation Management Strategy and Analysis, 5th ed. , Wesley Publishing Co., Inc. ,N.Y., USA. 5-Al-Dahir, A.M. and Marzooq, A., Empowering Employees: An approach to improve crises Management of Hag. , htt://www.minshowi. Com/other/altaher.htm. 6-Ali, Amal, and et al 2008,"Empowerment between the Organizational thought and Islamic Jurisprudence ", Iraqi Journal of Management Sciences.Vol.5, Issue (21), Iraq. 7-Al-Doori, ZakariaMutlik and Salih, Ahmed Ali,2010, "Management of empowerment and confidence in the economies of the second millennium business organizations" ,http://www.yazori.com/index.php?option=com_cotent&view=article&id=177:2010-05-13-1358-3. 8-Mulhim, Yahia,2008;"Empowerment from the point view of governmental universities heads : Embedded analysis and quality study", Innovation and Managerial and Economical Transmission Conference, University of Yarmook, College of Economics and Management Sciences ,Jordan. 9-Al-Utaibi, Sa'eed Bin Marzooq,2005, "Essence of employeesempowerment: concept framework",The tenth annual meeting of Total Management ", Khabar, K.A.S.
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10-Jawad, Abbas Hussain, and Abdul-Salam, Hssain,2007; "The efforts of empowerment strategy in activating the Intellectual Capital", Ahlul-bait Referred Journal (Quarterly) , issued by Ahlulbait University No.5, Jordan. 11-Ersted,M.,(1999);"Empowerment and organizational change",International Journal of Contemporary Hospitality Management, Vol.9,No.7. 12-www.oxforddictionary/definition/empowerment 13-www.dictionary.cambridge.org 14-www.collinsdictionary.com 15-http://siteresources.worldbank.org/INTEMPOWERMENT/Resources/))116-(http://www.mpow.org/elishera-empowerment-chapter2.pdf) 17-(www.forwardfocusinc.com/jumpstart-change/the-importance-of-empowering-employees) 18-(https://www.manaraa.com/post/2029) 19-(http://sit.ingaza.edu.ps/asamour/files/2014/02/3) 20-www.pachedo.org.
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UNITY OF MUSLIMS: A REFLECTION ON ITS MATERIALIZATION Prof Dr Israr Ahmad Khan International Islamic University Malaysia
[email protected] Abstract Theoretically, Muslim scholars, scientists, politicians, economists, authors, media persons, orators, educationists, businessmen, teachers, students, and general masses feel very much concerned about the horrifying scenario of disunity among Muslims. This concern inspires them all to do something to bring back the lost unity among Muslims. Books have been written on this issue; researches have been conducted to identify the nature of this problem; speeches have been delivered on how to resolve this entanglement; deliberations have been made over this predicament; and conferences have been organized to address the pros and cons of harmony among Muslims. Yet, it appears that the dream of Muslim unity still remains elusive. As for the differences among Muslims from various angles, political, social, intellectual, cultural, religious, doctrinal, and philosophical, there seems to be no way to remove them totally thus converting all Muslims into one single entity. This paper attempts to suggest some practical ways to infuse the spirit of unity among Muslims, without challenging their respective creeds and thoughts. The framework for the deliberation over this issue is four dimensional: the Qur’an, the Hadith, Scholars’ views, and independent reasoning (tadabbur). Keywords: Muslim, Unity, Disunity, Differences, Framework
Introduction Islam stands literally as well as technically for peace hence development (The Qur’an 3:103). In order to establish peace on the surface of the earth, Islam declares that the whole of mankind constitute one single unit, despite the differences in color, language, culture, and region [Musnad Ahmad: 5/411]. Unity of man as envisaged by Islam is a revolutionary idea. Yet, its followers seem to have pushed this idea to oblivion. Today, Muslims appear divided at almost every level, familial, social, national, and international. They are divided into so many camps, with each of them claiming superiority to others. Their preference to particular nomenclature such as Sunni, Shi’ah, Wahabi, Barelawi, Deobandi, Hanafi, Maliki, Shafi‘i, Ja‘fari, Isma‘ili, Zaydi etc. speaks volumes of where they stand and who they are. These labels serve as identity for the believers today, replacing the original God-given title, Muslim (The Qur’an 22:78). There is no denying the fact that legally-constructed credentials have assumed precedence over the Qur’anic and Prophetic identification for the adherents of the Last Revelation. If these jurisprudential names are merely for social and political identifications, there should not be any problem (The Qur’an 49:13). But what is horrifying that Muslims look down upon one another with hatred, suspicion, abhorrence, and disgust, which have resulted in the labeling of each Muslim camp as heretic (kafir). This is
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horrendous situation. Those who hold the flag of unity of mankind and are supposed to unite the world so as to create harmony among all men and women are themselves disunited, with no sign of unity among them even in near future. Right thinking Muslim scholars, across the Muslim world, feel very much concerned about how to bring about harmony and peace among Muslims. This paper represents a humble attempt to identify, highlight and elaborate on this universal concern of Muslim intelligentsia. Disunity among Muslims: Brief Historical Description In order to look for a cure of a problem, it is but wise to diagnose the problem thoroughly, including its root cause. In case of ignorance of the reason for the start of the problem, no solution can ever be efficacious. Similarly, to ponder over the ways to bring unity among Muslims, it is to be identified what caused disunity among Muslims and when. Historians have consensus that signs of differences among Muslim elites, particularly from political angle appeared during the last phase of the third Islamic Caliphate under ‘Uthman ibn ‘Affan (24-35 A.H.) due mainly to people’s dissatisfaction over the Caliph’s handling of state administration. This dissatisfaction climaxed into the Caliph’s assassination by miscreants who in large number entered the Caliph’s residence with an open intention of doing away with him [Ibn Khaldun: 15-164]. Thereafter the entire Muslim community got divided under the unexpected shock into two groups, those who felt concerned over the unity of Muslims and those who rejoiced over the end of ‘Uthman’s rule. The former pledged allegiance to ‘Ali ibn Abi Talib who was considered symbol Muslim unity, and who could easily attract people to his side due to him being the son-in-law the holy Prophet (s.a.w.). The latter stood behind Mu‘awiyah ibn Abi Sufyan, the then governor of Syria. Thus, the political unity no longer remained in place, as the Muslim state was ruled over by two leaders simultaneously, ‘Ali from Madinah and Mu‘awiyah from Damascus. This political conflict further escalated into war among two Muslim army, one led by ‘Ali and the other under his rival, Mu‘awiyah. In this war not only a large number of Muslims were killed by their own Muslim brethren at both the sides, but also the seed of disunity among Muslims was sown as a long lasting symptom on the body of those who initially bore the flag of unity of entire humanity. After the four year leadership of the fourth Caliph ‘Ali (36-40 A.H.), who was also mercilessly murdered by conspirers who had declared him heretic (kafir), [Al-Tabari:3/76-161] the whole period of Umayyad rule over the large Islamic state (41-131 A.H.) witnessed political rivalry, rebellion,
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military clashes between state army and renegade brigades, and bloody internecine wars, which ushered into a hundred year-long Abbasid dynasty rule (132-232 A.H.) over the already badly injured body of Muslim political power. During Abbasid period not only the political dissensions continued but also new phenomenon of religious and philosophical debates surfaced, which further divided the ummah into so many camps and sects—Ahl al-Sunnah wa al-Jama‘ah, Shi‘ah, Mu‘tazilah, Ash‘ariyyah, Qadariyyah, Jabariyyah, Murji’ah, Ibadziyyah, to name a few—came into being, not merely as a temporary scenario but as a permanent division [Al-Shahristani: 1/53228]. Religious and theological debates were basically consequent upon Muslim scholars’ exposure to Greek philosophy through Arabic translation of Greek literature. Intellectual and academic debates generally inspire advancement of knowledge from both angles, qualitative and quantitative. But one can see that innocuous debates, at times, leads to emotional outbursts, turning theological discussions into intellectual rivalry with each group hoping and wishing victory over others. Private Muslim seminaries under the patronage of respective teachersscholars during Abbasid period played role of perpetuating theological rift and issuing decrees against one another. Muslims who were known for their love and respect for each other as well as love and respect for the ‘Ulama’, Fuqaha’, Imams, and political leaders developed a totally diverse attitude of hatred and animosity towards each other. Each Muslim group condemned the other. And to make their case far stronger they fabricated sayings attributed to the Last Prophet (s.a.w.). Disunity among Muslims: An Explication The rift Muslims witnessed during the first and the second centuries of Islamic history continues until today. In the today’s world everywhere, either in Muslim countries or in non-Muslim nations, the ummah stands divided politically, theologically, religiously, culturally, and intellectually, reenacting the current episodes of the drama which began almost thirteen centuries ago. Muslim scholars and intellectuals do not have unanimity over any single issue Muslims are facing today. Muslim forces are engaged in killing Muslims; Muslim individuals and masses stand at the crossroads with no distinct idea of where to proceed and why; and Muslim rulers seem to have alienated their rule from basic Islamic principles of equity, justice, generosity, chastity, and honesty; and Muslim public is in sheer conflict with those at the helm.
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Religiously, Muslims today are divided into two major sects, Sunni and Shi‘ah, who are subdivided into various camps, with each of them at loggerheads with the other.
They abhor each
other to the extent that each of them believes in its originality inherited from the Last Prophet (s.a.w.), and rejects others as heresy. Practically, each sect prefers not to join others in any cause whatsoever, constructing its own mosques, schools, and meeting places, where others are rarely allowed to enter. Books, pamphlets, brochures, articles, and CDs from each of these groups in the Muslim community the world over abound in which the authors have spent their energy to condemn one another, and prove that others are heretic sects and doomed forever. Speeches and sermons are delivered on occasions to hurl on others abusive words like kafir, fasiq, fajir, jahannami, dhall wa mudhill etc. In Muslim schools and seminaries teachers, when teaching courses particularly on ‘aqidah and fiqh, poison the minds of their students that only their ‘aqidah and fiqhi rulings developed by their fuqaha’ are correct and others’ ‘aqidah and fiqhi principles are all incorrect and condemnable. This kind of education based on religious intolerance has given rise to social fanaticism, leading to distrust among various Muslim sects. It may hardly be deemed any different from the biblical schools and classes conducted by Christian priests who invariably and deliberately inject venom into the minds and hearts of students against Allah, the Last Prophet, the Last Revelation (the Qur’an), and Muslims. The result is very obvious: Christians hate Muslims and their legacy very much. Likewise, Sunnis hate Shi‘ahs and vice versa. None of them is ever willing to pay visit to the other; invite the other on even common festive days like Eid al-Fitr and Eid al-Adha, eat together with others, pray together with others, propose for marriage to the other, and sit together with others with a view to pondering over solutions to common problems of universal nature. Main Factors for Muslim Disunity It may be claimed here that Muslim ummah is experiencing disunity among its various factions due to two factors, internal as well as external. Internal factors for discord among the ummah are fatawa takfir (decrees of heresy/blasphemy), occasional speeches inspired by sectarianism, religious teachers’ poisoning students’ minds against others, jurisprudential differences, and dissemination of fabricated traditions which condemn one or the other sects. As for external
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factors, they are mainly two: (1) the west’s incessant attempts to create dissension among Muslims, and (2) mass media’s sectarian propaganda against Muslims. These two categories of factors for Muslim disunity are discussed here below. Internal Factors for Muslim Disunity The factors for which Muslims are themselves responsible need further elaboration. Decrees of Heresy It is environmentally constructed psychology of man that when he hates someone, he describes him/her in a negative manner such as liar, dishonest, unreliable etc. Muslim scholars as well as masses when depicting the rival group/s issue, likewise, decrees of blasphemy, heresy, and iniquity. This trend can be traced as early as during the Caliphate of the fourth Caliph, ‘Ali ibn Abi Talib. The then reneged groups from both ‘Ali’s and Mu‘awiyah’s camps declared the two leaders as kafir. Thereafter ‘Ulama’ continuously remained engaged in issuing fatwa of takfir for the rival individuals or groups. This wave easily made its way into the post-modern times (21st century). The most unprecedented phenomenon in the Muslim world in comparison to the non-Muslim nations is the existence of Dar al-Ifta’ (Decree Centre) either established and governed by Muslim governments or set up privately and independently by ‘Ulama’ and Fuqaha’. These centres are meant to guide the Muslim public locally or internationally on unresolved familial, social, economic, cultural, philosophical, political, religious, and moral issues. Decrees issued from these hubs are generally of two kinds, one in response to queries by public and the other as a necessity of situations. Some concrete examples from the past as well as from today may render the matter crystal clear. Ahmad ibn ‘Abd al-Halim generally known as Ibn Taymiyah (661-728 A.H.) wrote in his compendia of decrees that al-Rafidah (Shi‘ah and the likes) were the most ignorant, sheer wrong doers, and steeped in lies. He remained short of clearly declaring them as kafir, yet his followers and others from the Sunni camps dare call ithna ‘ashariyah (followers of twelve imams, that is, Shi‘ah) as kafir. Muhammad ibn ‘Abd al-Wahab (1115-1206 A.H.), a well-known preacher from Nejd, Saudi Arabia, announced that Shi‘ah deviated from the original Prophetic traditions and the stipulated path. He also remained short of referring to their doings as kufr unambiguously.
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In the Indo-Pak sub-continent and by implication in the entire Muslim world there is another major division among Sunni Muslims, Deobandi and Barelawi. The former claims to be followers of the Prophet’s (s.a.w.) Companions. They derive their nomenclature from the famous Islamic religious college, Dar al-‘Ulum Deoband, which was established by a group of Muslim scholars, including Muhammad Qasim Nanotavi (1833-1880 C.E.), Rasheed Ahmad Gangohi (1829-1905 C.E.), and others in 1866 C.E. Muslims from Deobandi camp alienate themselves from all that is innovation (bid‘ah) in religion such as visiting mausoleums of Muslim saints with an intention of obtaining blessings from the dead saints in the graves on the grounds that they were powerful due to their close relations with Allah. Because of this alienation of Deobandis from seeking blessings from the dead, the Barelawis who are followers of Ahmad Raza Khan of Bareilly, India turned against Deobandis who along with the followers of Saudi Muhammad ibn ‘Abd al-Wahab were declared by Ahmad Raza Khan as kuffar (plural of kafir meaning non-believers) [Ahmad Raza Khan: 5066]. In reaction to this edict Deobandis preferred silence. But there is so much distance between Deobandis and Barelwis that they can hardly join hands with each other. In 1986 PAS, a political party declared UMNO members, including its then president and former Prime Minister Dr. Mahathir Muhammad as infidels (kafir). Religious edicts declaring one section of Muslim community or another as infidels serve as fuel to the fire of disunity surrounding Muslim Ummah. Occasional Sectarian Speeches and Sermons Sunnis, Shi‘ahs, Deobandis, Barelawis organize occasionally their respective congregations in which speakers spend their energy to prove the other groups as fasiq and kafir. In the recent past scholars from the above-mentioned four camps challenged one another to appear in public debates where the debaters made utmost efforts to defeat the rivals so as to establish authenticity of their respective dogmas. One can see the debates among these opponents now in the media particularly electronic and social ones such as YouTube. It is well-known practice of Shi‘ah community the world over to revile great Companions of the Last Prophet (s.a.w.) like Abu Bakr, ‘Umar and ‘Uthman in the lunar month of Muharram while mourning the martyrdom of Husain ibn ‘Ali. This custom is very humiliating and offending to all the factions hailing from Sunni block, Deobandis, Barelawis, Wahabis, and Wahabis. Poisoning Students’ Minds and Hearts
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In schools, colleges and universities in the world under Sunni patronage Islamic history courses are dealt with in a way that the students turn fanatics against all the other Muslim sections and camps including Shi‘ahs. So is the case with Shi‘ah patronized educational institutions particularly religious ones teach bigotry in favor of Shi‘ah theology, which in turn makes the Shi‘ah students develop the impression that Sunnis are all outcasts, infidels, and heretics. In India and Pakistan Barelwi educational institutes day and night inculcate the innocent minds with palpable hatred against all Deobandis and Shi‘ahs. The students after graduation from their respective religious centres become champions of fanaticism, bigotry, and hatred against the others. Jurisprudential Differences As is well-known, Sunnis are divided into four main schools of jurisprudence, Hanafi, Maliki, Shafi‘i, and Hanbali. There are so many differences among them on several minor issues related to almost all the fundamental matters, including prayer, poor-due, marriage, divorce, property distribution etc. Due to these differences in jurisprudential rulings the four camps have witnessed hostility towards one another for almost the past one thousand years. There was a time when during hajj season in the holy places four different prayer-congregations representing the four fiqhi factions were organized. Even today some Barelawi pilgrims, who still consider the Saudi people as infidels (kafir) try to establish their own congregational prayers under their own Barelawi imam. Shi‘ahs are also sub-divided into several camps from jurisprudential angle. The main among them are Ja‘fari, Isma‘ili, and Zaydi. Ja‘fari camp is of those who are originally known as Ithna ‘Ashariyah (followers of twelve Imams). Zaydi are jurisprudentially very close to the Sunni camp. Isma‘ilis are so clandestine groups that outsiders can hardly know about their practices and norms. One particular Jurisprudential provision concerning temporary marriage (mut‘ah) in Ja‘fari sect is so widely-practiced [Al-Kilayni: 5/449-450] that even the insiders besides Sunnis consider it disgusting act amounting to adultery (zina). Provision of mut‘ah-cum-zina in Ja‘fari fiqh has caused too much damage to the religious integrity of Shi‘ahs and led to create further gap between Sunni and Shi‘ah. Fabricated Traditions
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Man has been granted by Allah both ability to grow righteous and ability to commit what is undesirable [the Qur’an-91:7-8]. Human society, therefore, regardless of its time and space reflects its dualism through conflicts among its contrasting elements. Wherever there is truth, there is falsehood. Both truth (al-haqq) and falsehood (al-batil) cannot go hand in hand. Clash between the two forces is but expected. The society developed by the Last Prophet (s.a.w.) based on Islamic principles as stipulated in revelations represented the truth. It did not mean that falsehood had totally and forever been effaced from the surface of the earth. Due to man being forgetful by nature [the Qur’an-20:115] people with feeble faith (iman) soon fell prey to tricks played by evil-forces. It is reported that visible rift appeared in the Muslim society during the rule of the fourth Caliph ‘Ali ibn Abi Talib and climaxed during the military and political conflict between the Caliph ‘Ali and reneged governor of Syria Mu‘awiyah (34-35 A.H.) [Khan: 3] Mere political conflicts between two Muslim camps further escalated into the movements of takfir and tafsiq of the two warring sides. It was high time for the people with vested interests in both pro-‘Ali and pro-Mu‘awiyah groups to make their respective stands strong and convincing by fabricating traditions in the name of the Last Prophet (s.a.w.) in condemnation of both ‘Ali and Mu‘awiyah and in praise of both ‘Ali and Mu‘awiyah [Subhi: 266-267]. For example, it was fabricated by pro-‘Ali camp that the Prophet (s.a.w.) said that who wished to see Adam with his knowledge, Noah with his understanding, Abraham with his wisdom, John with his devotion, and Moses with his grip, should see ‘Ali ibn Abi Talib [1995: Ibn al-Jawzi, 1/277]. Pro-Mu‘awiyah group came up with another fabrication to condemn ‘Ali ibn Abi Talib: the Prophet (s.a.w.) said to ‘Ali: Leadership is not for you, nor for any of your descendants [1995: Ibn al-Jawzi, 2/290]. Those with Mu‘awiyah fabricated in his praise that the Prophet (s.a.w.) said: Allah trusted with regard to revelations Gabriel in the heaven and Muhammad and Mu‘awiyah ibn Abi Sufyan on the earth [1995: Ibn alJawzi, 1/331]. Those who hated Mu‘awiyah fabricated a saying of the Prophet (s.a.w.) that Mu‘awiyah should be killed if found on the Prophet’s (s.a.w.) pulpit [1995: Ibn al-Jawzi, 1/335]. Similarly, traditions were fabricated to condemn Muslim groups known as Qadariyah, Jabariyah, Murji’ah, Khawarij, and Shi‘ah etc.: (1) for each community is a magian (fire worshipper); the magians of this ummah are the Qadariyah. Do not visit them, when they fall sick; and do not join their funeral prayer after they die [1995: Ibn al-Jawzi, 1/202]; (2) Murji’ah, Qadariyah, Rafidzah (Shi‘ah) and Khawarij would be stripped of their faith in tawhid by one fourth and thrown in to
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hellfire as non-believers to abide therein forever [1995: Ibn al-Jawzi 1/205]. Even though experts have confirmed these traditions as fabrications, Muslims with hidden agenda are still using them to ignite animosity among various Muslim groups. Form and Nature of Muslim Unity At this juncture, it is quite incumbent upon those feeling concerned about how to bring unity among various factions of Muslims to develop the most pragmatic sense of Muslim unity and its discernible form. Different Muslim groups and camps have different thoughts, ways, norms, practices, and systems of Islamic life. Concept of comprehensive unity among Muslims, which demands of all Muslim factions to strip themselves of their respective varying thoughts and practices and evolve into one single group with unified beliefs, thoughts, practices, and norms, is nothing but utopia. The feasible way of thinking about Muslim unity is to create an environment of mutual interaction among various camps of Muslims based on love, togetherness, fraternity, and oneness, replacing hatred, estrangement, animosity, and isolation, without doing away with their respective forms of religious thoughts and practices. A spectacular example of possible demonstration of Muslim unity is what a well-known Muslim scholar, Mawlana Tawqir Ahmad Khan, leader of Barelawi group of Muslims did. He recently, as reported by the media, visited unexpectedly the most renowned Muslim seminary in India, Dar al-‘Ulum Deoband, met its director, teachers and students and made an earnest plea to them to forge unity among various factions of Muslims, despite conceptual and practical variations so as to make a concerted effort to protect Muslims’ interests in India as well as elsewhere in the world. Muslim scholars of India hailing from various camps appreciated this sincere move by Barelawi leader. Muslim Unity: Devising Ways Muslims irrespective of their various sectarian denominations have strong reasons to become united with a view to projecting Islam as the only comprehensive civilizational ideology that can bring peace and development in the world by uniting the entire humanity. All the Muslims believe in One God, Allah, in Muhammad as the Last Prophet and Messenger of Allah, in the Qur’an as the Last revelation from Allah for the guidance of man to the truth, and in the occurrence of the Day of Judgment when Allah will reward or punish each and every single human being for their good or bad acts in the previous life on the earth. Muslims constitute one single entity as regards 51
their fundamental religious practices, five times a day prayer, regular payment of poor-due, fasting in the month of Ramadan, and pilgrimage to Makkah. They do not have any differences over the meaning, significance, and practical implications of moral principles—justice, equity, generosity, honesty, trustworthiness, truthfulness, excellence in interaction, sacrifice/altruism, marriage, chastity, dignity, humanness etc. Their differences concern only some additional thoughts, beliefs, and religious practices which may or may not be justified. Their conflicts among themselves are not of fundamental nature; they are all minor ones. Keeping this condition of Muslims the following practical suggestions might be deemed as the most effective in forging meaningful unity among all the factions of Muslims. 1-Paying Serious and Sincere Attention to the Qur’anic Call for Unity Qur’anic statements on any matters whatsoever are not like any other utterances ever made by man. The Qur’an is the word of Allah, the Creator, the Sustainer, the Provider, the Controller of the entire universe, All-Knowing, All-Wise, Almighty. Allah knows for sure what is useful for man and what is harmful. He has communicated to man all that is desirable in human life through the Qur’an. He says: “And hold fast all together by the Rope of Allah, and be not divided among yourselves; and remember with gratitude Allah’s favor on you. Remember when you were enemies, He joined your hearts in love, so that by His grace, you become brethren; and you were on the brink of the pit of fire, and He save you from it. Thus does Allah make His messages clear to you, so that you may be guided” [3:103]. The message in this verse is that people stand united with the favor of Allah (Islam) upon them; and get divided the moment Allah’s favor (Islam) is pushed into oblivion. Unity of man is an extraordinarily revolutionary concept. Islam can maintain it; and nonIslam can shatter it. Muslims, as they themselves claim, are followers of Islam. Despite Islam being with them they are divided. What does it denote? It simply means that Islam resides in their subconscious or unconscious states of mind; and whatever is in the back of mind cannot be of any value unless it is brought to the conscious state of mind. Muslims of all persuasions need to be reminded by themselves that they are strong when they are united; and become weak when they fall victim to the dividing forces around them. 2-Remembering Universal Leadership of Muslims
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With the arrival and appointment of the Last Prophet (s.a.w.) leadership of mankind changed hands, from the children of Israel to the family of Ismael, from the followers of Prophet Moses and Prophet Jesus to those of the Last Prophet (s.a.w.). Children of Israel were deprived of this privilege due to their erratic, rebellious, and indifferent attitude to the messages communicated by Moses and Jesus [the Qur’an, 2:40-141]. The invocation taught to Muslims in the end of Surah alBaqarah: “O our Lord! Condemn us not if we forget or fall into error; our Lord! Lay not on us a burden like that which You did lay on those before us; our Lord! Lay not on us a burden greater than we have strength to bear. Blot out our sins, and grant us forgiveness, have mercy on us. You are our Protector; help us against those who stand against Faith” [the Qur’an, 2:286]. Here in this du‘a believers have been advised to beseech Allah for eight favors, which speak volumes of the position bearers of the Qur’an were offered, that is, leadership of the people in general. In Surah Ali Imran believers have been declared as chosen people for that universal leadership: “You are the best of peoples, evolved for the mankind, enjoining what is right, forbidding what is wrong, and believing in Allah. If only the people of the Book had believed, it was best for them: among them are some who have faith, but most of them are ungodly” [the Qur’an, 3:110]. The main task assigned to the believers, as mentioned in the above verse, is three-pronged: (1) enjoining people to do only the right, (2) forbidding people from doing wrong, and (3) believing in Allah. An insight into these three matters will make it clear that believers are actually placed in leadership position. It seems Muslims, whether Sunni, Wahabi, Barelawi, or Shi‘ah, have forgotten their position visa-vis the rest of the humanity. There is a need of reminding them all of what they have lost. When they learn that they are responsible for eradicating chaos (fasad) from the surface of earth, and ensuring prevalence of justice, peace, and development, the sectarian attitude will be replaced with the desire of unity among Muslims. It is a psychological fact that when some people individually or collectively get engaged in something higher, the minor issues that may hinder the higher task are pushed aside. Similarly, If Muslims from all denominations set their eyes on higher goal sectarian differences of minor nature will evaporate into the thin air. In the contemporary world the humanity in its entirety is standing on the brink of total collapse. Man’s too much love for the worldly life and his insensitive obsessions with hedonism have made him similar to animals. The objective of material development has stripped humanity of basic human values. Now the humanity stands at the crossroads with no clear vision of the direction to 53
proceed to. They are in urgent need of the guide and messiah. Muslims are the guide and messiah for them. But for that matter, they have to rise from the bickering over unimportant matters among themselves. 3-Disengaging from Issuing Edicts of Blasphemy against Each other The act of takfir (declaring someone or some group as infidel) has always fueled the fire of animosity among Muslim groups. It is because takfir of one group by another one is generally paid in the same coin. This is a kind of character assassination of annoying nature. It needs to stop forever. It is to be born in mind that character assassination is prohibited in the Qur’an. Surah alHujurat (49:11-12) warns believers against deriding each other, defaming each other, making sarcastic remarks against each other, suspecting something wrong in each other, spying on each other, and backbiting against each other, as these acts are sinful acts which require sincere repentance. Otherwise, the sinners will be stripped of the most required Grace and Blessings of Allah. In the same Surah (49: 10) Allah commands believers to always sustain the spirit of fraternity among their relations with each other. The Prophet (s.a.w.) prohibited his followers from passing on edict of blasphemy against each other. In order to make the matter crystal clear some well-known ahadith are quoted here: (1) “Do not call believers kafir merely due to their sinful act; and do not declare them as mushrik” [AlTabarani: 5/4775]; (2) “Do not pass on decree of kufr against the people of qiblah (believers) due to their sinful practices, even though those practices are among the major sins (kaba’r)” [AlMuttaqi al-Hindi: 1/1077]; (3) “Let not anyone call anyone else kafir or fasiq” [Al-Bukhari: 5698]; (4) “He who vituperated against a believer as kafir; he actually killed him” [Al-Bukhari: 5700]; (5) “If a man addressed his brother: “O kafir”, it would return to one of them” [Al-Bukhari: 5152]. These Prophetic traditions along with Qur’anic advices on abstinence from declaring believers infidels should serve as sufficient warning for the upholders of Islam. It is very daring on the part of Muslim scholars hailing from any section of the ummah to ignore what Allah commands believers not to do, and disregard what the Last Prophet (s.a.w.) lay emphasis on. The Prophet (s.a.w.) wanted his followers to totally shun violation of each other’s life, property and honor. Takfir of Muslims by Muslims is to dishonor each other. Conclusion
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The entire Muslim community has been raised to ensure peace and development on the earth. But Muslims have pushed to oblivion this obligation. They are currently engaged in creating chaos among themselves. How could they, then, be able to think about the betterment of the rest of the humanity. Muslims’ division into so many camps and sects is not consequent upon differences among them over the fundamentals and major clauses of the creed; it is rather due to conflicts of opinions and independent reasoning (ijtihad) on very minor issues. The Qur’an prohibits believers from saying and doing anything that could cause rift among Muslims, as Islam came to unite the humanity. Disunity of Muslims is rejoiced by the followers of Satan, the formidable enemy of Islam and Muslims. In order to bring unity back among Muslims all the negative communications must be stopped all at once. They need to remind themselves every moment that unity is strength and disunity is weakness. References Ibn Khaldun, ‘Abd al-Rahman, Muqaddimah (Beirut: Dar al-Kutub al-‘Ilmiyyah, 1993). Al-Tabari, Muhammad ibn Jarir, Tarikh al-Rusl wa al-Muluk (Beirut: Dar al-Kutub al-‘Ilmiyyah, 1997). Khan, Israr Ahmad, Authentication of Hadith: Redefining the Criteria (London: IIIT, 2010). Ibn al-Jawzi, ‘Abd al-Rahman, Al-Mawdu‘aat (Beirut: Dar al-Kutub al-‘Ilmiyyah, 1995). Muslim ibn al-Hajjaj, Sahih with al-Nawawi’s Commentary (Beirut: Dar al-Ma‘rifah, 1997). Al-Bukhari, Muhammad ibn Ismael, Al-Jami‘ al-Sahih Ed. Mustafa Dib al-Bigha (Beirut: Dar Ibn Kathir, 1987). Subhi al-Salleh, ‘Ulum al-Hadith wa Mustalahuhu (Beirut: Dar al-‘Ilm li al-Malayin, 1959). Al-Kilayni, al-Shaykh, Al-Kafi (Tehran: Dar al-Kutub al-Islamiyah, 1363 AH.). Ahmad Raza Khan, Husam al-Haramayn ‘ala Manhar al-Kuf wa al-Malayn (Karachi: Dar Ahl alSunnah, 2006). Ahmad ibn Hanbal, Musnad (Beirut: Dar Ihya’ al-Turath al-‘Arabi, 1994).
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Al-Tabarani, Sulayman ibn Ahamd, Al-Mu’jam al-Kabir: Ed. Tariq ibn ‘Iwad Allah (Cairo: Dar al-Haramayn, 1415 AH). Al-Muttaqi al-Hindi, ‘Ala al-Din ‘Ali, Kanz al-‘Ummal fi Sunan al-Aqwal wa al-Af‘al: Ed. Safwat al-Saqa and other (Beirut: Mu’assasah al-Risalah, 1985). Al-Shahristani, Muhammad ibn ‘Abd al-Karim, Al-Milal wa al-Nihal (Beirut: Dar al-Ma’rifah, 1998).
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KING FAISAL AND MODERNIZATION OF SAUDI ARABIA 1964-1975 Riyan Hidayat Universitas Indonesia
[email protected] Abstract King Faisal was the third king of Saudi Arabia. In history, King Faisal was very influential in the process of transition and transformation of Saudi Arabia into a modern and advanced country in the world. At the time, Saudi known as oil country and political determinants in the Middle East, North Africa, and even the World. The potential of natural resources and human resources of Saudi Arabia with comprehensive managed by Faisal. Meanwhile, in terms of personality, King Faisal has a personality that is simple and not the same as the other kings. The purpose of this study is explain about the biography of King Faisal and history of leadership in Saudi Arabia. In addition, the discussion will include the policies of King Faisal influential in the scope of local, regional and international. The method used in this research is the writing of history to the stages heuristic, criticism, interpretation and historiography. The result of this research is a brief biography of the king Faisal and policies that affect the social, economic, cultural and political. Keywords: King Faisal, Saudi Arabia, Modernization, Policy
Background Saudi Arabia is currently classified as a developed country and modern and has a high level of welfare. The state collects large revenues from oil and acceptance of Hajj visas. Each year, Saudi Arabia was recorded gain gross domestic product (GDP) amounted to $ 646,002 during 2015. Although the level of GDP in 2014 is much higher, but the position of Saudi Arabia is still in the category of top 50 in terms of revenue of GDP (World Bank, 2016). It shows the economic stability of Saudi Arabia. Sociologically, Saudi Arabia is a country formed on the basis of consensus tribal dominated a clan or tribe. As the name implies, Saudi Arabia is a country that is identical to the Saud clan attributed to the offspring-the descendants of al-Saud. Journey modern history of this country is politically dependent on a big family trip Saud clan who is still leading in that the leadership of Saudi Arabia Salman bin Abdul Aziz. In addition to the Saud family, there is also a descendant of al-Shaikh attributed to Muhammad ibn Abdul Wahab. Both of these families play an important role as well
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as government regulators kingdom of Saudi Arabia (Troeller,1976:13). Historically, Ibn Saud and Muhammad ibn Abdul Wahab are two people who laid the foundation of politics and religion in Saudi Arabia, whose influence is still felt today. In the history of modern empire state, oil is commodities as a fundamental factor in the economic transformation that has implications for advances in other fields. Oil used as a primary source of revenue for the kingdom of Saudi Arabia. This income is considered very excessive and can be utilized for the development of the nation's capital. Saudi Arabia began to find oil in 1938 and use the revenue as the main income countries (Simmons, 2005:5). At the time of Faisal oil is not only seen as mere economic commodities, but developed countries are ready to compete. King Faisal of Saudi Arabia was instrumental in the transition to a modern state. When the role of being the crown prince, the Saudi government revenues from the oil sector increased sharply. Faisal issued a frugal principles policy and increase oil production. Saudi Arabia made it through the financial crisis and the potential to become a superpower through the oil sector. At the beginning of his reign, Faisal appointed Khalid as Crown Prince, Sultan as Minister of Defence, and Ahmad Zaki Yamani as Minister of Oil (Simmons,2005: 15). As a King, Faisal remembered as a transformative and modernist leader.
Methodology The method used in conducting this study is the historical method. In general, Professor A. Daliman quotes understanding of the historical method of Gilbert J. Saragan that the historical method as a set of principles and rules that systematically designed to help effectively to collect historical sources, critical votes, and presents the results achieved, which generally in written form
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(Daliman,2012:27-28). The historical method is done through systematic stages are heuristics, verification, interpretation and historiography. Heuristics is a collection of resources that will be used by researchers as the main data in the writing of history. In this case, researchers used secondary sources such as books and related literature such as personal records, magazines, newspapers and journals. The Second stages is the verification that aims to criticize sources concerning the authenticity and credibility of a source. The third stage is the interpretation that is useful in interpreting the data may contain facts and the historical evidence. This interpretation lead to the expenditure of products named historiography written in the style of narrative-descriptive (Daliman,2012:108).
Biography of King Faisal Faisal bin Abdul Aziz Al-Saud was born in 1905 in a district in the Arab Middle (De Gaury,2007:1). He is the third king of the kingdom of Saudi Arabia who ruled in 1964-1975 (Zuhur, 2011: 53). His government is seen as the transitional government of Saudi Arabia of the desert into a modern society that recognizes education, technology and modernization. Wagner said that King Faisal showed that the government work with different hardware and with Saud. Faisal focus on work and have a busy schedule during the nearly 24 hours of rest only when praying five times (Wagner,2009:78). His reign ended with her murder by his own nephew named Faisal bin Musaid on 25 March 1975 Zuhur, 2011:58). As descendants of the Arab Bedouin, Faisal was educated in informal ways. For him, the experience of his life was a lesson. It is seen in his ability based on experience. His leadership was regarded as a natural leadership presented by nature. In childhood, Faisal education from his grandfather, Sheikh Abdul Latif who focus on personality development Faisal and religious
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education. Moreover, he was not immune from the teaching of his father, Abdul Aziz bin Abdurrahman Al-Saud on leadership potential and physically (Said, 2014: 2). Military capabilities gained from the experiences in war and in war exercises such as the war in 1921 in the town 'Asir. Faisal also experienced in the delegation represent Saudi Arabia at a young age. His visit to the UK in 1918 (Lacey, 1982: 196) and led the Islamic conference in Riyadh in 1923 (Said, 2014: 13) to experience for themselves in international dialogue and negotiations. Not surprisingly, he was elected a foreign minister in 1930 during the reign of Abdul Aziz. During the king, Faisal has produced policies that are transformative and lead to a drastic social change in Saudi Arabia.
Modernization of Saudi Arabia 1964-1975 Faisal introduced a wide range of new ideas to build Saudi Arabia. Ideas include various aspects such as economic, social, and industrial. However, at the beginning of his leadership, the state treasury is very limited although there are sources of huge income from oil. This is due to irregularities in the administration and more broadly in the management of the state. Zuhur revealed that Faisal During his reign, revenue grew from $ 334 million in 1960 to $ 22.5 million in 1974. This indicates that the progression of advances in the field of economy under the rule of King Faisal. Most of the revenues come from oil and Faisal had a great opportunity to advance the social life in the areas of basic needs, education, social and health (Zuhur, 2011: 53-54). At the beginning of his leadership, modernization of the administration and government is the main thing that is corrected by King Faisal. Administrative reforms initiated by King Faisal to bring Ford America to assist the government in regulating and harmonizing administration. The results of this cooperation is the establishment of new institutions such as the Bureau of the state financial budget as well as the details of the task clear for employees in accordance with the field
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or expertise, as well as a recommendation to make long-term plans countries (Said, 2014: 257). The new institutions formed under the leadership of Faisal is the ministry of Justice in 1970, the Ministry of Higher Education (Al-Rasheed, 2002: 122-124) and the Ministry of Rural and Regional Associate (Saudiinf, 2014). On the economic front, a lot of modernization initiated by Faisal in the form of strategic policies. The issue of mineral resources is another issue that needs more attention. Faisal instructed Ahmad Zaki Yamani, Saudi Arabian Oil Minister to propose cooperation with the United States through the US Ambassador in Saudi Arabia. On September 14, 1964, Ahmad Zaki Yamani agreed with representatives of the United States that the United States would assist Saudi Arabia in the exploration of mineral resources by bringing 21 experts and do their work in Saudi Arabia for five years (Said, 2014: 279). Industrialization has also developed rapidly in line with the policy of increasing the utilization of mineral resources. Saudi Arabia began to open up to other countries in the use of wheel industry in Saudi Arabia. In July 1965, Saudi Arabia agreed to cooperate with the plastic processing company from Italy, Ince. In the same year, the Ministry of Trade and Industry of Saudi Arabia in cooperation with the private sector to form a fertilizer company called The Saudi Arabian Fertilizaer Company (SAFACO). 51% of the shares owned by the government of Saudi Arabia and the rest is owned by private parties who came from Saudi Arabia. The opening of the factory to do in Dammam in 1966 and commercial activities started in 1970 (Said, 2014: 284). In 1967, Saudi Arabia made a professional training center. Education time is 3-9 months according to the chosen profession and degree students. This institution has 15 vocational subjects, namely, diesel engines, security, power the building with stones, energy building with red brick, repair and manufacture of agricultural equipment, cooling equipment, installation of tiles, carvings and paint,
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carpentry, electricity, electric instruments, mining, manufacture and assembly of steel bolts, connecting waterways, and printing. The training center is free of charge and provide support to each of their students SR250 every month as a learning aid. Policy formation of this institution are the basic steps of Saudi Arabia in developing the industry for the better. The government of Saudi Arabia along with UN aid agencies seeking skills development of industrial research centers in Riyadh and open branches in the regions. Five years later achieved with funds 10,000,000 SR130 (Said, 2014: 283). In 1970, the government of Saudi Arabia build industrial zones in three areas, namely Jeddah, Dammam and Riyadh. It was located far from the residential areas of society so that minimize negative impacts on the environment and health. This area is supported by the construction of public service facilities such as clinics, mosques, banks and markets simple for everyday life. Four years later, in 1974, the government of Saudi Arabia to form the Industrial Development Foundation (The Saudi Industrial Development Fund) which provides services to industrial development loan fund. In addition to industrial development, the Foundation provides consultation facilities for the industrial market goal of industrial development. Loans are offered a duration of between 5 to 10 years. This institution established under the supervision of the Ministry of Finance and National Economy of Saudi Arabia. In the field of public administration, Faisal issued a number of policies such as cutting the budget for the purposes of the royal family, save any kind of spending a great part of the country's internal budget, as well as restrictions on imported goods enter Saudi Arabia .. Faisal to make improvements to policies and launched various policies new. The first important policy is reform of the bureaucracy for the government of Saudi Arabia. Government began to make arrangements regarding the bureaucracy and the fields of employment as an effort to create order (Said, 2014:
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256). This effort began with the formation of a team of administrative arrangements led by King Faisal himself. All ministries support to participate in the improvement of state administration. On July 8, 1963, the Saudi Arabian government to bring the Ford team to help the team with the ministry to regulate and harmonize the administration. This government policy resulted in the revision of job descriptions for each ministry, among others, which can be explained that the Budget Bureau of the Ministry of Finance and the economy is charting the State has the duty to conduct examination of all common projects in Saudi Arabia. Then, the experts of other fields are collected and distributed throughout the ministry and given a job according to their areas of control. Furthermore, the country will be made a general plan agreed and in line with the ministry (Said, 2014: 256). 3 Oktobr In 1963, Saudi Arabia launched a new policy on provincial setting. This rule contains arrangements governing the categorization of office (Chapter 1), an explanation of the rights and obligations of the government, including its employees (Chapter 2), Tasks council provincial representative (Chapter 3), and the general rules for problem resolution ( Chapter 4). This program was approved by the board of the ministry and should be run by probation 9 months after the launch of the decree (Said, 2014: 258). Another policy conducted by the government of Saudi Arabia is to establish the regulation of the press in Saudi Arabia on March 15, 1964. This regulation was launched as a result of the absence of a strong bond to the press in accordance with certain provisions that maintain the quality of the press Saudi Arabia. Newspaper published deteriorated even though the quantity of each press agencies were present. The government also made a breakthrough in order to improve the quality of the press in Saudi Arabia (Said, 2014: 259). All products are allowed press published in the national territory and give free flight facility to deliver the product.
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In addition to administrative and certain laws, Saudi Arabia is also concerned about the country's national day Saudi Arabia, which has not been established. This affects the symbol of national revival. Finally, in 1965, King Faisal issued a decision confirming that on 23 September is designated as a national day Saudi Arabia. The date is taken on the basis of history, which on 23 September 1932 the King Abdul Aziz bin Abdurrahman Al Saud issued a decision on regional integration Nejd, the Hijaz, and other areas that are now called the Kingdom of Saudi Arabia (Said, 2014: 265). In the aspect of employment, the government of Saudi Arabia since the beginning of the reign of King Faisal, began to develop aspects of employee quantity and structure of work. In 1962, employees working in the central government of the Kingdom of Saudi Arabia is a number of 36 776 people. In 1971, the number jumped up to 85.184 people and continues to grow to 250.000 in 1979 (Niblock, 2006: 38). That number is predicted to continue to grow in line with increasing needs modernization. ther developments in the bureaucratic reform is the establishment of new ministries, as follows: The Ministry of Information headed by Jamil Al Hujaylan assisted by two deputies, namely Hamzah Muhammad Buqari who served as deputy secretary general in charge of the general lighting field, administrative, and financial perngelolaan ministries and Fahd Al Sudayri who served as deputy secretary for information take care of the affairs of broadcasting and print media (De Gaury, 2007: 177-180). The Ministry was established in 1963. The Ministry of Justice was formed in 1970. Scholars formally became a key member in this institution and formulate policies (Al-Rasheed, 2002: 124). The Ministry of Higher Education was formed in 1975 under the supervision of special education experts who provided USA (Al-Rasheed, 2002: 122). The ministry is entrusted to plan, implement,
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supervise, facilitate and undertake development in an effort to maximize the human resources of Saudi Arabia. The main purpose of this ministry is to develop human resources and promote Saudi Arabia to print human resources specialist and works to advance the state of Saudi Arabia (Ministry of Culture, 2002: 144). The Ministry of Rural and Regional Associate established in 1975 has the task responsible for the administration of the whole empire. Its main functions include regional planning, development, and maintenance of basic infrastructure such as roads, spatial and cleanliness of the area. The Ministry of Public Works and Housing. Ministry of Commerce. (Currently, the Ministry of Trade and Industry named after resetting the state organization in 2003). The Ministry of Energy and Industry. Modernization and changes also have implications for the social transformation of Saudi Arabia erjadi in the period 1960s to 1970s. That period gave birth to new things that never existed in the Arab world, especially Saudi Arabia. Language development (Arabization and the influence of language), the adjustment of the legal context, the world of entertainment, television, and the media is the thing that is developing at that time. Another thing that is more important, is the paradigm of looking at social status and gender are also of particular concern. As well as that is not forgotten is a competence that should be aligned with other countries, one of which is in the athletic aspect. King Faisal on his appointment speech as head of government for the second time in 1962 delivered ten program is the main focus in the development of Saudi Arabia. In the seventh point he said that health care must be optimal for the people residing in the territory of Saudi Arabia (De
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Gaury: 2007: 149). These words became the first step in its actions in improving the quality of public health Saudi Arabia in terms of both infrastructure and non-infrastructure. Number of health infrastructure to 1964 is the number of 43 hospitals with a capacity of 4777 patients, 81 clinics and 121 health centers. In 1965, the Saudi government began to add new infrastructure such as hospitals and clinics. In that year the government to build two hospitals and 20 new clinics as a public health quality improvement efforts of Saudi Arabia. In addition, the government began to build health offices in all provinces of Saudi Arabia to monitor the development of health in their respective areas (Said, 2014: 227). On June 10, 1963, the Saudi Arabian government also set up medical institutions conducting medical missions at home and abroad. Dr. Abdul Aziz Al Mudarris designated as chairman and took the initial policy to establish representative offices in each province and integrate with government health care office. The program spends about 1,000,000 SR in early pembentukkannya (Said, 2014: 226) In the field of media and information, the King Faisal bureaucratic reform efforts which one is formed ministries Before then introduced the program launch media such as radio and television. Weston (2008) says in his book, found in the center of Saudi Arabia, people are not familiar with the radio until the 1960s. In the western region of Saudi Arabia listen to the Voice of the Arabs based in Egypt. In the eastern region of Saudi Arabia easily access the radio Kuwait. The only radio that Saudi Arabia is owned radio station in Mecca with a very weak signal, so it can not be used (Weston, 2008: 198). Changes began in 1963 when the royal government which is under the authority of the King Faisal install a radio transmitter in Riyadh and Jeddah that have the ability to signal to reach all parts of the empire (Weston, 2008: 198). The radio transmitter to broadcast by Arabic, Urdu, Indonesian, Persian, Swahili and English. The number of languages used in the broadcast media is reinforcing
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the relationship between Saudi Arabia with the international community. Meanwhile, a radio transmitter which is still operated by presenting mecca that broadcasts in Arabic and Urdu. Radio popularize the policy is a policy that is very valuable in the world of information in Saudi Arabia at the time. In 1964, Saudi Arabia began working with the National Broadcasting Company (NBC) of the United States to create a television station in Saudi Arabia. The Government of Saudi Arabia and NBC agreed to make an initial project in Riyadh, Jeddah, Medina, and Dammam until 1969. The initial stage is the manufacture and launch of the television stations in Riyadh and Jeddah. This phase is completed and introduced to the people of Saudi Arabia in July 1965, especially for the people of Jeddah and Riyadh for the transmission of television stations just to accommodate the region alone. The programs are aired is a program that has an element of Islam such as daily worship, reading the Koran and religious discussions (Weston, 2008: 198). Program is opening a second television station in the city of Medina in 1967. This is the third television station in Saudi Arabia. Followed by the opening of a fourth television station in Qassim in 1968. In 1969, it opened a new station at Dammam as a final project of government of Saudi Arabia with the National Broadcasting Company (NBC). All TV stations are broadcasting, launching programs introductions, Islamic programs and news programs. However, a few weeks later begin serving regional films such as Egypt and Lebanon. Special regulation for the sensor was launched, for example to Christians impressions, impressions that serve women of Saudi Arabia, impressions using liquor, and footage censored activity, such as kissing (Weston, 2008: 198). Policies to introduce television had received opposition from a nephew of King Faisal, namely Khalid bin Musaid. Khalid tried to approach the television stations in Riyadh and vandalized there. The police are coming to discontinue the stretcher. Khalid using firearms and
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tried to shoot the police in an attempt to create unrest in the television station in Riyadh. One police officer was shot and another policeman who had shot Khalid until he died instantly (Weston, 2008: 198). This policy is a matter of controversy for Wahhabi clerics who oppose the presence of television. This policy is considered similar to a movie theater to watch the activities. The scholars consider that the cinema has the potential presence of men and women in one room and in a dark room conditions. Ulama bases of law on the prevention of sexual misconduct and legal protection of honor. No wonder till date there is no progress at all cinemas in Saudi Arabia (Weston, 2008: 198)
Conclusion Faisal regarded as a transformative leader and has a unique character. These characters bring Faisal became a respected leader. He brought Saudi Arabia to a transitional period of massive social change with policies that take, His policies sparked considered Saudi Arabia a country that is more developed and modern in aspects such as governance, political, social and economic.
Reference Daliman, A. (2012). Metode Penelitian Sejarah. Yogyakarta: Penerbit Ombak. Gaury, Gerald De (2007). Faisal: King of Saudi Arabia. Louisville: Fons Vitae. Lacey, Robert (1982). Kerajaan Petrodollar Saudi Arabia. Jakarta: Dunia Pustaka Jaya.
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Said, Amin (2014). King Faisal:Raja Saudi Pelayan Umat, Penentang Imperialisme. Jakarta: Pustaka Al-Kautsar. Simmons, Matthew R. (2005). Twilight in the Desert: The Coming Saudi Oil Shock and the World Economy. New Jersey: John Wiley & Sons. Troeller, Gary (1976). The Birth of Saudi Arabia: Britain and the Rise of the House of Sa’ud. New York: Routledge. World Bank (2016). ‘Saudi Arabia’, accessed at http://data.worldbank.org/country/saudi-arabia, august 2016. Zuhur, Sherifa (2011). Saudi Arabia. California: ABC-Clio.
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UTHMAN BN FODUYE (D.1817): AN ANALYTICAL STUDY OF HIS IDEAS ON THE SYSTEM OF ISLAMIC GOVERNMENT AND ITS MINISTERS FOR THE CONTEMPORARY MUSLIM WORLD Shuaibu Umar Gokaru1 Aizan Bt Ali @ Mat zin2 Ahmad Faisal Bin Abdul Hamid3 Abstract This paper aims at finding out the ideas of Uthman bin Foduye on the system of Islamic government and its ministers. It also scrutinises the requirements for the appointment of ministers and their duties in an Islamic government. It further aims to serve as a guideline to the contemporary Muslim leaders in appointing their ministers. The research is based on the analytical approach of Uthman bin Foduye’s ideas in his books: Kitab al-Farq bayna Wilayat ahl-Islam wa bayna Wilayat ahl-al-Kufr and Kitab Bayan Wujub al-Hijrah alal ‘Ibad.Uthman bin Foduye emerged in the 19th century with the aims to reform the un-Islamic political system of Bilad al-Sudan (West Africa) and to establish the ideal Muslim society. Consequently, he successfully achieved his mission and established Islamic government known as the Sokoto Caliphate in present-day Northern part of the Federal Republic of Nigeria. Accordingly, he left behind good legacies for the Islamic government that lasted for a period until the colonial invasion in 1903. One of the major challenges in contemporary Muslim countries centred on qualities of leadership. In some cases, the leaders are good but the ministers, advisers are not worthy and vice-versa. Therefore, careful examination should be done in order for the contemporary Muslim leaders should respect the principles of Islamic leadership. Keywords: Analytical study, Islamic government and Ministers, Uthman bin Foduye’s idea
INTRODUCTION The man who dedicated his life to the service of humanity in the early period of the 19th century, West Africa, is Uthman bin Foduye. What might be the true of this fact is that Uthman bin Foduye spent 30th years while teaching, preaching and writing to enlighten the people of Hausaland to understand and differentiate between what is lawful and unlawful in Islam. This was because; they were in the darkness of ignorance and their rulers are unjust. What is objectionable to Uthman bin Foduye against the political system of Hausaland was the un-Islamic practices of the rulers, which they were mixing Islam with traditional customs. It was for these reasons that Uthman bin Foduye called them and refused to accept, instead, they tried to assassinate him and those who believed
1PhD
Candidate, Department of Islamic History and Civilization, Academy of Islamic Studies, University of Malaya, 50603 Kuala Lumpur, Malaysia; Lecturer, Department of Islamic Studies, Faculty of Arts and Education, Bauchi State University Gadau, Nigeria. Gmail:
[email protected]. 2 Dr. (Senior Lecturer), Department of Islamic History and Civilization, Academy of Islamic Studies, University of Malaya, 50603 Kuala Lumpur, Malaysia. 3 Dr. (Senior Lecturer), Department of Islamic History and Civilization, Academy of Islamic Studies, University of Malaya, 50603 Kuala Lumpur, Malaysia.
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with his mission. Confidently, Uthman bin Foduye was later satisfied to launch Jihad in 1804 against the un-Islamic government of the Hausaland. Hence, he believed, it was enough to do so, because he educated his community, and they were understood what is all about the difference of Islamic government and un-Islamic one. Thus, he (Uthman) however, produced various literature to guide his people on the necessity of overthrowing the un-Islamic government. It was in this situation Uthman bin Foduye expressed the need for an Islamic government to take over, as he categorically outlines in his Wathiqat ahl al-Sudan.4 However, the whole of the Hausaland was consequently plunged into Jihad, and by 1225 CE/1810 AH 'Uthman and his lieutenants had gained control of practically all the Hausa States.5 Immediately, Uthman bin Foduye established his Islamic government known as the Sokoto Caliphate. it is argued that Uthman bin Foduye “masterminded the Jihad and brought it to successful completion. In fact, Uthman was the sponsor and inspirer of the 19th-century Islamic revolutions that cleared through the Sudan. He combined in himself both bravery and piety. He remained a highly articulated preacher and a perfect writer. The success of the Sokoto Jihad stemmed in part from the enlightened leadership of Uthman bin Foduye.”6 A Brief Historical Setting of Uthman bin Foduye
4
For the detailed of Uthman’s manifestation of Jihad, which he asserts that it is obligatory by assent, see the book, which translated by A. D. H. Bivar (1961), 240. 5 El-Masri “The Life and Works of Uthman bin Foduye before the Jihad” Journal of the Historical Society of Nigeria,Vol. 2, No. 4 (December 1963), pp. 435-448 Published by: Historical Society of Nigeria Stable. Retrieved from: URL: http://www.jstor.org/stable/41856671A. Accessed on March 24, 2015. 6
Adekunle Ojelabi, A Text Book of West African History (1000. A.D. To the Present Day), (Ibadan: Educational Research Institute, 1970), 148.
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Uthman bin Foduye’s full name is ‘Uthman bin Muhammad bin ‘Uthman bin Salih commonly known as Ibn Foduye7 was born on Sunday 15th December 1754 at Maratta a city in Gobir8 state of the Hausaland. He later came to be known as Shehu9 (Shaykh) ‘Uthman bin. Foduye.10 His descendants came from Futa Toro in present-day Senegal.11 Based on the available information to Abdullahi bin Foduye about their main origin, he has been stated that their town is Torobe, which is the town of those that had come from Futa. They are the uncles of all Fulani’s, and Fufuled is their language because Uqbah bin Amir the righteous fighter who conquered the towns of the West (Morocco) (in general Africa) during the Era of Amr bin alAs in Egypt had come to them. Abdullahi further illustrated that they were one of the Roman tribes, and their king became Muslim without any fight. In consequence, Uqba got married to the daughter of their king, and her name was Bojjo Mango. He fathered all the Fulanis. However, Abdullah emphasized that this is the recurrent (hence prevalent) account in their place, and they have taken it from trustworthy people who used to come forth from the town of Futa. He, therefore, reiterated that he means scholars. Thus, those people from Futa Toro they have spoken the language of their mother, and they did not know the language of their father because of the scarcity of those who spoke the language at that time. It is reported that the children of Uqba were the first spoken the Fulfulde language. This is far from the truth. Conversely, languages had existed from the time of Adam, and because that the claim appears as strange. The word that is nearest (to the truth) is that
7
Different terms are used in addressing Uthman bin Foduye. Therefore, ‘Uthman bin Foduye is the actual name to recognize him, but ibn is in Arabic which is equivalent to Dan in Hausa and Son in English respectively. Similarly, the word Foduye, is the Arabized name and Fodio is in English while on the other hand Fodiyo is in Hausa. It is understood that, these are the reasons why some people are addressing him as ‘Usman Dan Fodio or Danfodiyo and Foduye respectively. In order to avoid inconsistencies, this study uses ‘Uthman bin Foduye. 8 Usman M. Bugaje, 14. 9 Shehu is in Hausa which is equivalent to Shaykh in Arabic meaning a great scholar or learned fellow in English. 10 Foduye or Fodio is a nickname of ‘Uthman’s father. Foduye is the Fulani term meaning “a teacher”. Therefore, Uthman bin Foduye means Uthman ‘son of the teacher’ 11 Abdullah bin Fudi, ‘Idah al-Nusukh, Bulletin of the School of Oriental and African Studies, Vol xix, 1957, 551-559.
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they were spoken the language of their mother, and the Torobe (Fulani) did not have any basic language besides that one.12 Moreover, it has been reported that Uthman appearance was foretold before his birth, therefore, Uthman bin Foduye in his Fulani poem thanks, Almighty Allah for the blessings that specifically gave him, in which he clearly says, he believed that Prophet Muhammad’s appearance was foretold before his coming, likewise his appearance was foretold before he came.13 This clearly shows that Uthman bin Foduye has admitted the exposition on his appearance; however, it clearly shows his belief in mystical narrations. Therefore, it is of paramount importance to note that Nana Asma’ u, daughter of Uthman bin Foduye, describes a specific points of comparison between the life of her father, Uthman and that of the Prophet (PBUH) and their activities, which she pointed out that initial periods of preaching a Hijra and a battle against all odds, itinerancy, attacks and desertion of troops, peace overtures, and amalgamation gesturing the successful end to the campaign. Interestingly, the fifth chapter of Nana Asma’u’s book carries the title: “Sokoto as Madinah: Imitating the life of the Prophet and Re-enacting History.”14 Finally, Uthman bin Foduye died at
12
Abdullahi bin Foduye Tazyin al-Waraqat (Decorating Pages with Some of my Poems), Translated and edited by Abubakar Buba Luwa and Sulaiman Musa, in Selected Writings of Shaykh Abdullah ibn Foduye, Vol. 2, (Gada-Biyu, Gusau, Nigeria: Iqra’ Publishing House), 17. 13 Muhammad Sharef Alfa,19. 14 Ibid.
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the age of 63 15 and was buried within the city walls of Sokoto, where his tomb16 is still a place of pilgrimage.17 The Concept of Islamic Government The idea of Islamic government has been originated in connection with the main purpose of Islam to the entire humankind, that is to say, Islam serves as a complete way of life, be it religious, political, social, moral and economic aspects. It is argued that “the famous theories of an Islamic government were formulated between the 11th and 14th centuries, beginning from the treatises of Mawardi (d. 1058)18 to those of Ibn Taymiyyah (d. 1328)19. Moreover, it is hypothetically suggested that government in Islam, like all else, had a moral mission from which derived its powers and obligation. That primary mission was to enforce the application of Shari'a with a view to ensuring that individual believer performed the duties of ibadah.”20 In a clear quotation, Sheikh
15
Last, 60 The name of Uthman bin Foduye’s tomb is Hubbaren Shehu and it is presently in Sokoto. People were visiting the place for tourism not only from within Nigeria, but even from Nigerian neighbouring countries, while others considered for pilgrimage for the purpose of seeking barakah from the Shehu (Uthman). At the same time, most of the Muslim scholars criticised it pointing out that it is an acts of innovation that was totally forbidden in Islam. Therefore, to worship a grave of any important personality is a major Shirk. In fact, even Uthman bin Foduye condemned such action and categorized it as Haram. Therefore, it is not part of his teachings and the legacies that he left behind to his society. The executive governor of Sokoto state, Alhaji Attahiru Dalhatu Bafarawa who finished his tenure in 2007, has blocked the chance to circumambulators of Uthman’s grave. He ordered the build of a small wall in one side of the grave in order to barricade anybody going round it. Nevertheless, some people are still there for day and night in order to get barakah from Uthman bin Foduye. (This was the researchers’ familiarized visit on 16 September 2015). 17 Hongsben, The Emirates of Northern Nigeria, 123. 18 For more details on Al-Mawardi’s ideas on Islamic government, see his famous book, al-Ahkam al-Sultaniyyah (The Ordinances of Government). 19 For the detailed understanding of Ibn Taymiyyah’s ideas on Islamic government and its necessity for the preservation of religious laws, see his discussion under the concept of Siyasah Shar’iyyah (Government based on Divinely Revealed Law). In addition, Ibn Khaldun of 14th century has propounded a similar idea with Ibn Taymiyyah, in which he considered Siyasah Diniyyah as the best type of Government to be applicable in all Muslim community. In the view of Ibn Khaldun, the reason is that, the ruler or leader, in this case, his ruling is usually based on a Divinely Revealed Law. People in the society are obliged to submit to the law in the view of their belief in reward and punishment in the next world; this is when the person who brought the law to them explains his mission according to the revealed law. See Bruce B. Lawrence, Introduction to Ibn Khaldun, The Muqaddimah, 2567; Also see Erwin J. Rosenthal, “Under the theory of the Power-State: Ibn Khaldun’s Study of Civilization,”86. 2020 Retrieved on 6 September 2016, from www.upenn.edu/emeritus/IslamConcepts.pdf. 16
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Muhammad Bello, son of Uthman bin Foduye, stressed the necessity of government for the preservation and protection of people’s life in an orderly manner. In this regard, he has this to say: It is (certainly) known that if it were not for the power of rulers no person would have been safe in his own house, let alone in the wilderness. Nor would it be permissible for any person to collect the tax and the interest of the public would not have been preserved. For these reasons it becomes necessary to appoint a Supreme Leader and his deputies such as the Prime Minister, the Governor and the judge in all the regions of the earth so that the interest of religion may be maintained, and the proper order of the entire world be established. If it were not for the authority of the state, many people would have been killed before they could kill a single man who is legally condemned to death when they seek to obtain their rights from each other without a force to protect.21 The above implies that the main functions of Islamic government are to safeguard the affairs of its citizens in accordance with the principles of Shari’a. It might be said that, if the government fails to maintain Shari’a law in its administration, it is no longer be considered as Islamic government. Therefore, Islamic government must derive its laws from the Qur’an, the hadith of the Prophet (PBUH) and the consensus of Muslims opinions. It must also be just and honest to its citizens, regardless of differences of skin colours, tribes, and relations. Therefore, Islamic government should maintain the equality of justice among its all citizens, be the Muslims or non-Muslims. This is because Qur’an does not mention in any place that non-Muslims should be treated badly, rather encourages treating them with justice. For example, Almighty Allah says: Allah does not forbid you from those who do not fight you because of religion and do not expel you from your homes from being righteous toward them and acting justly toward them. Indeed, Allah loves those who acts justly.22 The Analysis of Uthman bin Foduye’s Ideas on Islamic Government The chief concern of this section is to analyse the ideas of Uthman bin Foduye on Islamic government, the appointment of its ministers as well as their functions as contains in his selected
21
Muhammad Bello, “Usul al-Siyasah (Principles of Politics), trans. Yamusa, in Principles of Leadership According to the Founding Fathers of the Sokoto Caliphate (edt), Hamid Bobboyi (Abuja, Nigeria: Centre for Regional Integration and Development(CRID), 65. 22 Surah al-Mumtahinah, 60: 8.
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literature. Therefore, the analysis here will be referred to Uthman bin Foduye’s book, Kitab alFarq. The book of sizable pages which dealt with the present subject matter in a detailed manner. In addition, the book has been translated into English by M. Hiskett. It was in this book that Uthman bin Foduye shortlisted a number of accusations and condemnations against the government and rulers of Hausaland. In fact, he considered their government as un-Islamic government, because of their extravagances, oppressions, injustices among others. For example, Uthman in a detailed manner, asserted in this book (Kitab al-Farq) that “among the systems of their governments (nonbelievers) is their deliberately eating whatever food they wish, whether it is faithfully allowed or prohibited; and putting whatever clothes they wish, whether religiously allowed or prohibited; and drinking whatever they wish, whether religiously allowed or prohibited. Additionally, they are riding whatever riding beasts they wish, whether religiously allowed or prohibited; and taking whatever women they wish without a marriage contract, and living in decorated palaces, whether religiously allowed or prohibited; and spreading soft (decorated) carpets as they wish, whether religiously allowed or prohibited”.23 From the wordings of this assertion, what causes people to commit such blameworthy acts is because of surplus extravagance and pride of power. Therefore, this type of government might internally and externally collapse. With the above, Uthman bin Foduye, in the first part of the book, emphasised that “it is incumbent upon the governor or Amir al-Muminin to fear Allah and follows the habits of Muslims in their government, and avoid the habits of unbelievers in their government. In a situation whereby the governor cannot conduct all the affairs of state by himself, Uthman bin Foduye declared that it is obligatory for him to appoint someone to act on behalf of him in the towns. He (Uthman), however,
M. Hiskett Kitāb al-farq: "A Work on the Habe Kingdoms Attributed to 'Uṯẖmān dan fodio” Bulletin of the School of Oriental and African Studies, University of London, Vol. 23, No. 3 (1960), p. 567, Cambridge University Press on behalf of School of Oriental and African Studies Stable URL: http://www.jstor.org/stable/610038 Accessed: 27-122015 17:43 UTC. 23
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added that Ibn Al- Arabi says in Al-Ahkam he (the governor) must appoint deputies, and they are numerous and of three kinds; the first of them is the appointing of a deputy over the provinces either to take charge of general affairs, or to take charge of specific matters. In differentiating the level of their responsibilities, he (Al-Arabi) added that whoever appoints over special matters and appoints to (deal with) a specific thing, shall let his gaze where it belongs. And whosoever assigns over general affairs and everything that in the province shall pass to him. Uthman bin Foduye went further to mention that what is significant to the Khalifah is the appointing of the Sultan in each province of his country whom shall be referred back the laws of the emirs of all his provinces. Similarly, the Khalifah must also appoint the Qadi according to the Shari’ah, who can supervise and review the judgement of any Qadi.”24 Analytically, the above-quoted discussion implies that for the good preservation of religious law in an Islamic government, the president must appoint his ministers who can supervise the affairs of the government. This is because he alone may not be able to conduct all the affairs of the government. For example, the importance of chief justice is to review the judgement of the lower court in the case of any appeals and irregularities. Likewise, the President or Prime Minister must assign someone to exercise full control of all the affairs of his assigned state. All cases here shall be referred to him. In addition, it is noted from the previous facts that whosoever appoints over specific matters, must limit himself within the scope of his assignment, he needs not to interfere anything outside his boundary. This signifies that whatever he gains or collects from outside his boundary will be questionable. However, whoever appoints to deal will general affairs has the
24
Uthman bin Foduye, Kitab al-Farq: “A Works on the Habe (Hausa),” edited by M. Hiskett, Bulletin of the School of Oriental and African Studies, University of London, Vol. 23, No. 3 (1960), pp. 558-579. Retrieved 27th December, 2015, from http://www.jstor.org/stable/610038.
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absolute rights to know whatever brought within the territory of his state, that is to say, he has the right to inquire about all what is going round. Consequently, it is agreed that whatever Uthman bin Foduye theorised puts into practice, that is why he has both theory and practice. Because he established Islamic government according to the dictates of Shariah as practiced by Prophet Muhammad (PBUH) and his companions. It is noteworthy that consequent upon the establishment of Uthman bin Foduye’s Islamic government, the Sokoto Caliphate gradually introduced the application of Shari ‘ah from individual to collective level. The leader of the caliphate used his religious and political powers as the founder of the Jama’a or Islamic community to establish Shari’ah administration that governed the people of the Hausa states and some neighbouring territories under a single central administration. Progressively, Shari ‘ah, the Islamic law was fully administered for the first time in the region’s history25. The administration of Islamic law was in all matters, whether criminal or civil, decided by the Shari ‘ah with the Amir himself as the spiritual, executive, judicial and political leader (Imam).26 The rationale behind these powers being conferred in the Caliph or Amir is that he was considered a vicegerent of Allah and His Messenger, in whose hands the original authorities of these powers lied. During his lifetime, the Prophet being the model in this respect was considered the central authority of the Muslim Ummah in all spiritual, administrative, judicial and political aspects of the people’s endeavours. But this did not negate the functions of other appointed office holders in both managerial and judicial sectors. All it implies is that all were answerable to him being the Imam and he remained the height authority for the whole system in all its consequences. He exercised such authority in either direct or supervisory capacity as the case may be. Same was
25
M. Last, The Sokoto Caliphate, (New York: Humanities Press, 1967), 229. A. I. Abikan, “The Application of Islamic Law in Civil Cases in Nigerian Courts”, Journal of International and Comparative Law, 2002, 3. 26
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the role played by his successoral Caliphs one after the other. Thus in the manner, this is the system of the role which the Sokoto caliphate designated for the office of the Imam.27 With the above, Hiskett argues that Uthman bin Foduye’s theory of government is “based on late ‘Abbasid sources for the Shari’a, and much of it is clearly apologetic. His use of the terms Khalifa (Caliph), Imams, and Amir al-Muminin are to be understood in the context of his manuscripts (Kitab al-Farq) as ‘head of the Fulani Empire’, while in a political sense ‘Islam’ is synonymous with this Empire. Al-Muslimun are the loyal subjects of the Empire, while his opponents are nonbelievers of varying degree.”28 This might be the reason why he was addressed as Amir alMuminin (Commander of the Believers) in his established Islamic government. In the modern context, the terms used by Uthman bin Foduye to refer to the Amir, Khalif, may be translated to the Prime Minister, the President and the Governor e.t.c. Content Analysis of Uthman bin Foduye’s Book, Bayan Wujub al-Hijrah on the Appointment of Ministers and their Functions in Islamic Government Uthman bin Foduye, in his Bayan, outlines the compulsion of Hijrah from the lands of unbelievers to the lands of believers because the Muslims (he and his community) were banned from practising their religion as provided by the Shari’a. In this book, the author’s primary concern is to convince his Jama’a (community) that to carry arms is an act of ‘Ibadah in order to fight against the unIslamic government. The author describes that Hausa Kings were no longer Muslims; therefore, fighting them was permitted in Islam. This literature, of course, dealt with the critical issues of Uthman’s Jihad to the rulers of Hausaland, which led to the overthrow of their government by Uthman bin Foduye.
27 28
Ibrahim Sulaiman, 34-39. M. Hiskett, in the conclusion of his translation to Kitab al-Farq, 578.
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The book is the most comprehensive book of Uthman which contains many parts of his other books. It has sixty-three chapters. Among other important issues that Uthman raised in this book are namely, the principles of the Islamic government, the factors responsible for the decline of states and sovereignty, the appointment of President, Prime minister, Governors and deputies e.t.c. Uthman bin Foduye declared in it that, in appointing the minister to a particular state in an Islamic government, “He must be an upright man whose main function is to wake the leader if he sleeps, gives him sight if he cannot see and reminds him if he forgets. Uthman further emphasised that the greatest catastrophe which can befall leaders and people is to be deprived of good wazirs and helpers. To Uthman, one of the requirements of wazir (Minister) is that he should truly be benevolent and kind-hearted towards the people”.29 The aforementioned is the first principles which leaders must be ensured in appointing anyone to serve as a minister in an Islamic government. Therefore, Uthman bin Foduye further emphasised that in Islamic government, there must have a judge (who functions as a chief judge), and fears no blame in the service of Allah. it is mentioned in Al-Qawanin that the power of the office of Judge comprises ten things; The first is settling the disputants either by reconciliation agreed by the parties, or by enforcing an issued verdict. The second is incapacitating oppressors from extortion, transgression, and other (evil) things, as well as aiding the oppressed and conducting every owner of the right to his right. The third is establishing penalties and enforcing the right of Allah. the fourth is judging in matters of blood and injury. The fifth is judging in matters of the wealth of orphans and the insane, as well as offering caretakers to them. The sixth is judging in matters of endowments. The seventh is
29
Uthman bin Foduye, Bayan Wujub al-Hijra ala al-Ibad (edited and translated) F. H. Elmasri (Khartoum, Sudan, Khartoum University Press, 1978), 67.
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implementing testament (i.e. bequest). The eighth is conducting the marriage of women if they do not have guardians or if the guardians prevent them from marriage. The ninth is looking into public matters of good interest, involving Muslims roads and other things. The tenth is enjoining what is good and forbidding evil by word and actions. To this ends the power of the Judge in an Islamic government. Additionally, for better ensuring the rights of the citizens in Islamic government, there must be a chief of police who gets the right of the weak from the strong. This is very important principle not only in Islamic government but in all human organization. It addition, the leader must have a tax collector (i.e. publican) who collects dues and does not oppress the subjects.30
Moreover, Uthman bin Foduye stated that all these principles were enumerated in order. Umar bin Al-Khattab (RA) said, ‘No governor can succeed without possessing four qualities: power to collect money from lawful sources and to use it in the right places, strictness without harshness and leniency without weakness. If one of these qualities is lacking, things will not go right for him’.31
Factors Responsible for the Decline of States in Contemporary Muslims World It is believed that what leads to the decline of most states in the present-day is the acts of injustice of the leaders. Thus, people in various ways have been denied their fundamentals human rights. To understand this, it is significant to note, “Various evil activities, for example, robbery, theft, murder are generally known as unjust to the welfare of a state, hence, it has been prohibited by the law of the government. However, many forms of injustice continue to be prevalent in a society,
30
Uthman bin Foduye, Bayan Wujub al-Hijra ala al-Ibad (The hijrah Obligation) edited and translated by Suleiman Musa and Abubakar Buba Luwa in Selected Writings of Sheikh Uthman bn Foduye, Vol 3 (Gada-Biyu, Gusau, Nigeria: Iqra’ Publishing house, 2013), 74. 31 El-Masri, 68.
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and yet because of the traditional system of government is hard to identify as injustices”. 32 The previous mentioned “social vices are mostly forced by the leading party itself (this is in the case of most of the ruling parties in various nations of a democratic system) whether it is a strict government or an external invader. Similarly, those who are in authority are mostly using their power in a political manner to infringe the social rights of inferior groups, and to some extent to cause the decline of the political and economic system of a state or government”.33 However, “it is a political injustice to violate individual rights of liberties, and at the same time, it includes violation of someone rights to vote and be voting. It also includes violation of rights to speak and religion as well as full control from the unnecessary punishment which imposes by cruel judges”.34 On the other hand, “economic injustice includes the disappointment of the state to provide individuals with all the necessary things for his survival, such as direct access to sufficient food and lodging. Generally, with the differences in the distribution of wealth, sometimes an inferior become a poor while the rich live in extravagance. This happens due to the economic injustice, the state here fails to maintain balance among members of the society”.35 In most cases, what would produce injustice is “showing discrepancies between a poor and a rich, in which a poor is hard to get job and education of good quality as well as good health care. With these situations, man will believe that he was blocked to receive a fair portion of the resources and benefits that are available in such society”.36
32
Morton Deutsch, "Justice and Conflict." In The Handbook of Conflict Resolution: Theory and Practice, ed. M. Deutsch and P.T. Coleman (San Francisco: Jossey-Bass Inc. Publishers, 2000), 55 33 Paul Wehr, Heidi Burgess, and Guy Burgess. Justice Without Violence. (Lynne Rienner Publishers, 1994), 9. 34 Ibid., 37. 35 Ibid. 36 Michalle Maiese, “Adressing Injustice” June 2013. Retrieved from: http://www.beyondintractability.org/essay/address-injustice. accessed on 24 January 2016.
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The above indicates the real causes of the decline of various society and nations in the contemporary world. Nowadays, many nations have failed to recognise human rights particularly the rights of politics and freedom of religion which to the extent that it might say people have denied practising what their religion prescribed. This is what causes conflicts and destruction of nation’s property by means of demonstration in demanding people’s rights. When this happens, the strength of government and its civilisation will collapse. It should be noted that it is an injustice of state that causes its own destruction. In this regard, so long as a state to survive, it must maintain justice to everybody, otherwise, it will be disintegrated. Important Things to be Considered by Contemporary Muslim Leaders This section focuses on describing the important things that each and every Muslim leader needs to be considered in organising his administration. Despite the fact that Uthman bin Foduye considered the government of Hausaland as an un-Islamic government because of the above mentioned social vices that are prevalent in their government, in contemporary Muslim countries, the case is almost the same, although it could not be said they are un-Islamic governments because their circumstances need to be considered. Nowadays, Western democracy has infiltrated most of the various Muslim countries which in one way or the other causes many leaders neglect proper practicing of the Islamic principles of leadership, which complements democracy in an Islamic manner. Therefore, for the Islamic government to be well preserved and established, the leader must be pious and generous, he must be tolerance and at the same time, must always be available to listen to the complainants. When he satisfied these qualities, he can succeed in his leadership. Meanwhile, he should appoint his ministers to assist him in discharging the affairs of the government. He alone cannot control the state. Because of his incapability to do so, he must seek the assistance of others who are also trustworthy and have a good record in the community. The
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leader must be careful in appointing his ministers, otherwise, he will appoint those who physical are with him, but in reality or what they kept in their minds is completely different from what they display. In this case, they can easily lead to the destruction of his administration. Leaders should fear Allah in their administrations, it is forbidden for them to collect bribe. In supporting this fact, Uthman bin Foduye, nonetheless, in his Kitāb al-Farq declares, “Among the systems of unbeliever’s government is giving a gift to one who takes them before the ruler. He concludes that this is the characteristics of the unbelievers in their governments, and everyone who follows their way in his leadership then he has in truth followed the way to Hell-fire”.37 He supported his argument with one of the Qur’anic verse, where Allah the Most High is saying: And whoever contradicts and opposes the Messenger (PBUH) after the right path has been shown clearly to him, and follows other than the believer’s way, We shall keep him in the path he has chosen, and burn him in Hell-what an evil destination.38 In the view of the above, one may understand that corruption is totally forbidden in Islam. However, whoever commits corruption is weakening the spirit of his faith according to the above verse; and at the same time, it is clearly disobeying Allah and His Messenger. In the contemporary world, corruption might be the factor that leads most of the leaders and rulers failed to maintain justice among their subjects this is either financially or politically. Leaders have to have in their mind that whatever they collect without due rights, they should be accountable on the Day of judgement. Once, they discovered an evil person in their government, let him sack and replace with the pious and trustworthy person.
Conclusion
37 38
Uthman bin Foduye, Kitab al-Farq, 567. Qur’an, Surah al-Nisa,’ 4: 115.
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The foregoing discussion indicates that Uthman bin Foduye’s ideas on the system of Islamic government and its ministers were in accordance with the views of classical Muslim scholars. Such as Al-Mawardi, Ibn Taymiyyah, and Ibn Khaldun, who all believed on Siyasah Shar’iyyah or Dininiyyah (Leadership on a Divinely Revealed Law) for the benefit of Muslims in this life and the next to come. It is noted that Uthman bin Foduye did not formulate his theory of Islamic government but puts into practice, which it clears that he established Islamic government that had a long history and great impacts in the present Nigerian society. Similarly, Uthman bin Foduye’s view on the government of Hausaland was to some extent so extreme with zero tolerance on noncompliance with the dictates of Shari ’a. Nevertheless, all that he argues are responsible for the decline of government not only in the present day but even in any forthcoming government that will practice the same. The research further highlights that leaders should be careful in appointing their ministers, chief Judge, and security chief. Currently, most of the security agencies everywhere in the globe are corrupt. They are always they and night on the street collecting bribe from innocent citizens. This case often happened in most of the African countries, more especially Nigeria, despite the fact that such is prohibited by the Nigerian constitution. In South East Asia, Malaysia is not safe, it is observed that policemen are in some cases corrupt, but their corruption is in a systematical way, in the sense that they were not collecting bribe in an open space, rather in a hidden way, either inside the driver’s car or under a shadow place. This might be due to the strictness and measure actions that Malaysian government is taking on whoever caught committing such prohibited offense. It is hoped that this research will guide the contemporary Muslim leaders to incline and support the practicing of Shari’a systems in their countries. References
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The Qur’an: Arabic Text with Corresponding English Meanings, English Revised and Edited by Saheeh International . (1997). Al-Muntada Al-Istalami, London: Abul-Qasim Publishing House. Abikan, A. I. (2002). “The Application of Islamic Law in Civil Cases in Nigerian Courts”, Journal of International and Comparative Law. Deutsch, M. (2000). "Justice and Conflict." In The Handbook of Conflict Resolution: Theory and Practice, ed. M. Deutsch and P.T. Coleman. San Francisco: Jossey-Bass Inc. Publishers. Deutsch, M. (2000). "Justice and Conflict." In The Handbook of Conflict Resolution: Theory and Practice, ed. M. Deutsch and P.T. Coleman. San Francisco: Jossey-Bass Inc. Publishers. El-Masri, F. (1963). “The Life of Shaykh ‘Uthman Dan Fodio before the Jihad”. J.H.S.N. Vol.2, No.4,, 435. Foduye, U. (1959). Ifham al-Munkirin alyya fima Amuru al-Nas’wama anhahun ‘anh. Cairo. ________. (1978). Bayan Wujub al-Hijrah alal ‘ibad, ed. And trans. By F. H. El-Masri. Khartoum: Khartoum University Press. ________. (n.d.). Nasa’ ih al-Ummah al-Muhammadiyyah (Trans. By M. Hiskett) in “An Islamic Tradition of Reform in the Western Sudan from the Sixteenth to the Eighteenth Century”,. Bulletin of the School of Oriental and African Studies, University of Lo. ________. (n.d.). Nurul al-Bab, and Tamyiz al-Muslimin min al-Kafirin, transl. by Jafar Kaura. ________. (n.d.). The Book of the Differences between Government of the Believers and NonBelievers, tran. And ed. Hiskett M. Sokoto: Sokoto State government. ________. (n.d.). Kitab al-Farq bayna Wilayat ahl-al-Islam wa Bayna Wilayat ahl al-Kufr, tran. And ed. Hiskett M. Sokoto, Nigeria: Sokoto State Government. ________. (n.d.). Tanbih al-Ikhwan ala Jawaz ittikhaz al-Majlis li Ajli Ta’alim al-Niswan ilm furud al-a’ayan min Din Allah Ta’al al-Rahman, ed. by Bukhari Sokoto. Sokoto: Nigeria. ________. (2013). Najm al-Ikhwan Yahtaduna bihi fi Umur al-Zaman, edited by A.B. Yahaya, and translated by Abubakar Buba Luwa in Selected Writings of Shaykh Uthman bin Foduye, Vol. 3, Gada-Biyu, Gusau, Nigeria: Iqra' Publishing House. ________. (2013). Reviving the Sunnah and Suppressing the Innovation, Vol 1, translated by Abdul-Hafeez Isma’il Ojoye & et als, (edt) by A. B. Yahya. Gada-Biyu, Gusau, Nigeria:: Iqra’ Publishing House. ________. (2013). ‘Usul al-‘Adl liwilat al-Umur wa Ahl al-Fadl (The Principles of Justice for Men with Authority and Honour), edited by Suleiman Musa, and translated by Abubakar Buba
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Luwa in Selected Writings of Uthman bin Foduye. Gada-Biyu, Gusau, Nigeria: Iqra' Publishing House. ________. (2013). Hukm Juhhal Bilad Hausa (Ruling on the Ignorant People of Hausaland), in Selected Writings of Uthman bin Foduye, Vol. 1.edited and translated by A.B. Yahya & Yasi Islam Nabingo. Gada-Biyu, Gusau, Nigeria: Iqra' Publishing House. ________. (2013). Bayan Wujub al-Hirah alal ‘Ibad (Arabic Text). Edited and Translated by Sulaiman Musa & Abubakar Buba Luwa in Selected Writings of Uthman bin Foduye, Vol. 3 . Gada-Biyu, Gusau, Nigeria: Iqra’ Publishing House. Foduye, A. (1958). Ida al-Nusukh. Edited and trans. Hiskett M. Zaria, Nigeria: Northern Region Literature Agency. ________. (1963). Tazyin al-Waraqat. (1813/1228). Ed. & trans. M. Hiskett. I.U.P. ________. (2006). Tazyin al-Waraqat (Decorating Pages with Some of my Poems), Translated and edited by Abubakar Buba Luwa and Sulaiman Musa, in Selected Writings of Shaykh Abdullah ibn Foduye, Vol. 2,. Gida-Biyu, Gusau, Nigeria: Iqra’ Publishing House. ________. (2013). Diya’ al-Sultan wa gairihi min al-Ikhwan fi Ahammi ma Yadlubu minhum fi haza al-Zaman (A Guide to the Sultan and other Brothers), ed. By Suleiman Musa, and trns. By Abubakar Buba Luwa in Selected Writings of Shaykh Abdullahi bn Foduye, Vol. 3. Gada-Biyu, Gusau, Nigeria: Iqra' Publishing House. Last, M. 91967). The Sokoto Caliphate, New York: Humanities Press . Ojelabi, A. (1970). A Text Book of West African History (1000. A.D. To the Present Day. Ibadan, Nigeria: Educational Research Institute.
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THE EFFECT OF MANAGEMENT ACCOUNTING PRACTICES IN SMALL AND MEDIUM ENTERPRISES Zainab Mohamad Mhemed1 Prof. Madya Dr. Kalsom Binti Abd. Wahab2 Universiti Sains Islam Malaysia (USIM), Nilai, Malaysia Abstract The aim of this study is to investigate the impact of the using management accounting practices in small and medium enterprises, through a review of the previous literature to provide a conceptual framework about of management accounting practices, and order to enhance the understanding of the adoption of management accounting practices (MAPs) in small and medium enterprises (SMEs) because the growing importance of SMEs in economic growth Small and Medium Enterprises (SMEs) are the main driver of economy and growth in most developing countries the small and medium enterprises are the main absorber of Labor and a real driver of investment, economic growth and competition. Acknowledging the uniqueness and importance of SMEs, and the management accounting information (and its absence) is associated with success (and failure) in SMEs and is therefore potentially an important influence on performance within economic sector. In combination with the relative importance of SMEs. The results analysis the previous literature indicates that the uptake of traditional management accounting practices is greater than for sophisticated management accounting practices in most developing countries. Keywords: management accounting practices (MAPs), small and medium enterprises (SMEs), management accounting areas.
Introduction :
Many small and medium enterprises struggling in order to continue their business is to survive; there are many reasons that caused the discontinuity business in small and medium-sized enterprises as well as the rapidly changing market conditions. These reasons include the lack of working capital; and poor management skills and inadequate use of essential business and management practices. management accounting practice which comprises financial and nonfinancial information is one of the important management information system that should be utilized by the SMEs) Ahmad 2013). Thus, management accounting information has an important part to play with respect to planning, monitoring, and controlling of the activities of SMEs. Although SMEs may have some constraints in utilizing fully management accounting practices due to their relatively small size and limited resources, like larger firms SMEs face similar forms of complexities, uncertainties and are more prone to failures. Therefore the need for strategic, accurate and reliable managerial information which is largely provided by management accounting system comprises.
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Management accounting practices (MAPs): The concept of management accounting practices is related to the provisions and use of accounting information by people in the organization such as the management and the managers, for the purpose of making business decisions that would allow them to have competitive advantage and able to effectively control the firm’s activities (Uyar, 2010 and France, 2006). Management accounting practices in particular is more popular among large firms. However, lately the popularity has been extended to SMEs. In other words, the role of strategic management accounting cannot be underestimated (Uyar, 2010). It stands as a foundation for making business decisions that would improve or positively affect the performance of firms. It helps firms to have better competitive advantage over competitors . Management accounting practices (MAP) is one of the most important financial functions within the organizations. The objective of management accounting is to present financial and nonfinancial information which are helpful in internal planning to the owners/managers, employees and investors. It is also used as a controlling tool. MAP is defined as management accounting is a profession that involves partnering in management decision making, devising planning and performance management systems, and providing expertise in financial reporting and control to assist management in the formulation and implementation of an organization’s strategy (Anastas, 1997). Therefore, management accounting information has an important part to play with respect to planning, monitoring, and controlling of the activities of SMEs. Nandan (2010) who argued that like larger firms SMEs also require adequate and sophisticated management accounting techniques and systems to better manage scare resources and enhance the firm’s values. Although SMEs may have some constraints in utilising fully management accounting practices due to their relatively small size and limited resources, like larger firms SMEs face similar forms of complexities, uncertainties and are more prone to failures. Therefore the need for strategic, accurate and reliable managerial information which is largely provided by management accounting system is equally significant for SMEs. In this regard, management accounting practices assume a potentially important function for SMEs.
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In the study Ahmad (2013) the results show that The Adoption of Management Accounting Practices in Small and Medium Enterprises in Malaysia, was on the traditional MAPs widely used by SMEs such as conventional budgeting, traditional costing and financial performance measures. The results also show that a significant number of SMEs have adopted one or more measures both financial and non-financial but the reliance on financial measures is greater than for non-financial measures ,and the SMEs, who use non-financial performance measures, are more internal-process and customer focused rather than employee focused.
Small and medium-sized enterprises (SMEs):
The small and medium-sized enterprises (SMEs) sector has contributed in economic advancement for its wealth generation; provide job opportunities, and poverty reduction (Kithae, Gakure, & Munyao, 2012). SMEs are a fundamental part of the economic fabric in most developing countries, and they play a very important role in furthering growth, innovation and prosperity, (Dalberg, 2011). Starting and operating a small business includes a possibility of success as well as failure. Because of their small size, a simple management mistake is likely to lead to sure death of a small enterprise hence no opportunity to learn from its past mistakes. Lack of planning, improper financing and poor management have been posited as the main causes of failure of small enterprises (Longenecker, et al., 2006). Lack of credit has also been identified as one of the most serious constraints facing SMEs and hindering their development (Oketch, 2000; Tomecko & Dondo, 1992; Kiiru, 1991). Small and Medium Enterprises (SMEs) have a great contribution to the economic development of most developing countries. There are several benefits to a developing country of which Libya is no exception such as providing employment for almost two-thirds of the countries working population, contributing to the government revenue generation through the payment of income tax, as well as providing income in terms of profits, dividends and wages to households. Prasad, Green and Murind (2001) mentioned that growing SMEs will also result in expanding the size of the directly productive sector in the economy; generating tax revenue for the
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government; and, ultimately, boosting poverty reduction through financial transfers and income from employment and firm ownership.
The role of management accounting in the management of enterprises: The roles of management accounting have been examined by many researchers. Hiromoto (1988) stated that the primary objective of management accounting is to provide decision makers with timely, accurate, and relevant information, reflecting the financial performance of an organization. Similarly Garrison and Noreen (2000) agreed that management accounting information is used to help managers carry out their responsibilities of planning, directing, motivating, and controlling. Additionally Bhimani (2002) claimed that the main objective of management accounting has been to help organizations plan their future and then to monitor their performance. The emphasis has been on the internal processes, to analyze, investigate,and predict information to assist managerial activities. Chenhall and Langfield-Smith (2007) agreed with this position arguing that management accounting has had a primary function in developing performance measures to assist managers in planning and controlling their organizations. Hutaib (2005), who conducted a study into MAPs in a developing country; Jordan, concluded that the most literature is management accounting suggested planning, controlling, evaluating performance, improving and developing competitive strategies and making decisions, are the main functions of management accounting in attaining company goals Other scholars have suggested that, the roles of management accounting have shifted to broader area. Kaplan (1995) malisyaindicated that management accounting must move to a wider role in the management process. He argued that management accountants should: • Become part of their organization's value-added team; • Participate in the formulation and implementation of strategy; • Translate strategic intent and capabilities into operational and managerial measures; and • Move away from being score keepers of the past to become the designers of the organization's critical management information systems. Freedman (1996) provided evidence that supported Kaplan‘s view in a survey which showed that most respondents believe that today‘s management accounting must provide an information
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resource that contributes to overall strategy implementation. McNair (1997) observed that the role of management accounting in the new millennium would be oriented towards analysis and value added activities. Perez et al. (2008) investigated the role of management accounting in a continuous improvement environment. Their survey findings indicate that management accounting plays a crucial role as provider of information for the continuous improvement in the quality of both product and business processes through the internal benchmarking practices.
Management accounting practices and enterprises performance: Small and medium enterprises performance is defined as the firm’s ability to continue in operation. Therefore, logically, firm performance can have two different outcomes: success (continuity of operation) or failure (ceasing of operation). However, because there are differences in performance among successful firms, (Mika 2003).
Mia and Clarke, (1999) stated that the performance of an organization/division may be viewed as the extent to which the organization/division has been successful in attaining its planned targets. Examples of performance measures include: productivity, cost, quality, delivery schedule, market share, sales growth rate, operating profit, cash flow from operation, return on investment, new product development, and personnel development. Although many researchers have advanced the view that improved management accounting systems would lead to a better performance by firms (Mia and Clarke, 1999; Mitchell and Reid, 2000; and Reid and Smith, 2002), there is only limited research supporting this position. Recently, a number of studies have attempted to remedy this situation. These will now be considered. The studies in this area have either examined a hypothesized direct relationship between the use of MAPs and organizational performance or tested this association with MAPs as just one of a number of explanatory variables. These studies have found mixed results in terms of the impact of MAPs on organizational performance. The following review positive and negative results.
Positive results:
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Some studies have shown positive results in terms of budgets and performance measurement, ABC, and MAPs. The following are some of this evidence: Merchanh study in (1981) sought to establish a relationship between the use of budgets and performance by testing a correlation between organizational performance and approach of the company's budget, and the results indicated that the form administrative approach to budgeting was more strangle related to good performance in larger firms than in small firms , which tended towards a more interpersonal approach to budgeting. Who investigated the reasons for budgeting in organizations and their link with performance found that three reasons-to-budget (operational planning, performance evaluation, and strategy formation) were positively associated with organizational unit performance. Hansen and Van Der Stede (2004). Traditionally, internal performance measures, where the measures of financial performance, competition has pushed companies to implement management strategies and systems to overcome dissatisfaction with traditional short-term perspective financial measurement systems (said et al, 2003). In recent years, organizations tried to put a more comprehensive PMS to provide managers and employees with information to help manage the company's operations (Hall, 2008). The BSC approach to management (Kaplan and Norton 1992; 1993; 1996) has gained prominence in management accounting research as a way of integrating financial and nonfinancial performance measures (Hoque and James, 2000). The implementation of BSC and its impact on performance was investigated by Hoque and James (2000), and Jusoh et al. (2008). Maiga and Jacobs (2003), who tested for complementary effects between BSC and ABC, found that ABC, when combined with BSC, had a significant positive impact on organizational performance. Jusoh et al. (2008), who investigated the extent of multiple performance measures usage and effects on the performance of Malaysian manufacturers, suggested that the use of nonfinancial measures particularly, internal business process and innovation and learning perspectives of the BSC, enhanced firm performance.
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Among the positive evidence for measuring non-financial performance and its impact on performance, There has been an increased organizational use of non-financial measures for performance evaluations in recent years (Hoque, 2004). Studies reporting a positive association between this measure and its performance include those of Anderson et al. (1994); Abernethy and Lilis (1995); Ittner and Larcker (1998b); Banker et al. (2000); Said et al. (2003); and Bryant et al. (2004). Anderson et al. (1994) supported the hypothesis that, on average, customer satisfaction was positively related to contemporaneous accounting return on investment, Ittner and Larcker (1998b) provided evidence that customer satisfaction measures are leading indicators relating non-financial performance to accounting performance. In a subsequent study Banker et al. (2000) revealed a positive relationship between customer satisfaction measures and future accounting performance. Using a wider range of non-financial measures, Said et al. (2003) examined the current and future performance consequences of incorporating non-financial measures by reference to a set of performance metrics among U.S companies. Based on performance measured as accounting-based measures (ROA) and market-based measures, they reported that the use of non-financial measures in evaluating performance had positively affected market performance. In a later study Bryant et al. (2004) suggested that when firms implement a PMS that contains both financial and non-financial measures, they will benefit more than the firms that rely solely on financial measures. In particular, they found that there is a positive relation between financial outcomes and both customer satisfaction and new product introductions which holds only for firms that use both financial and non-financial measures in their performance.
Negative results As well as studies supporting a positive association between the use MAPs and performance, other studies found either no relationship or a negative one. For example, Klammer (1973) examined the relationship between the sophistication of capital budgeting techniques used by the firm and performance. No consistent significant association between performance and capital budgeting techniques was found. Klammer (1973) argued that the mere adoption of various analytical tools would not deliver superior performance, and that other factors, such as marketing, product development, executive recruitment and training and labour relations, are likely to have a greater impact on profitability.
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The finding re-affirms the message that sophisticated capital budgeting methods do not guarantee better performance. Perera et al. (1997) found that there is no association between the use of non-financial measures and perceived performance in plants that follow a customer-focused manufacturing strategy. Ittner and Larcker (1998b) found modest support for claims that customer satisfaction measures are leading indicators of customer purchase behavior, growth in the number of customers, and accounting performance. They also found some evidence that firm-level customer satisfaction measures can be economically relevant to the stock market but are not completely reflected in contemporaneous accounting book values. Young and Selto (1993) found little evidence that the use of non-financial measures in JIT facilities was associated with differences in manufacturing performance. In the U.S, Gordon and Silvester (1999) used an event-study approach to investigate the impact on firm value of an announcement that firms were using ABC. They found that the announcement of ABC use did not affect firm stock values. This result is further supported by Ittner et al., (2002) who found extensive ABC use has no significant association with return on assets.
Summary
From the above it is clear that the presence of a significant gap in research about MAPs among SMEs as there are very few studies related to developing countries. Will endeavor to close this gap and add to existing knowledge about the adoption of MAPs by providing information on the use of MAPs by SMEs in a developing country, Prior empirical studies provide inconsistent evidence on possible influence of the use of MAP and SMEs performance. However on balance evidence of a positive relationship exceeds negative or equivocal results. Given this balance of evidence and since the objective of MAPs is to assist the managerial activities in firms, firms will expect a positive outcome from the implementation of MAPs, because the management accounting practices has the influence on SMEs performance.
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References: Ahmad, K., Mohamed Zabri, S., & Omar, S. S. (2015). Factors affecting the adoption of performance measurement system among Malaysian SMEs. Ahmad, K., & Mohamed Zabri, S. (2013). The relationship between the use of management accounting practices and the performance of Malaysian medium-sized enterprises. Ahmad, K. (2013). The Adoption of Management Accounting Practices in Malaysian Small and Medium-Sized Enterprises. Asian Social Science, 10(2), p236. Ahmad, K.(2012) .Factors explaining the extent of use of management accounting practices in Malaysian medium firms. Ahmad, K., & Mohamed Zabri, S. (2012). The uptake of management accounting practices among Malaysian firms in SMEs sector. Uyar, A. (2010). Cost and management accounting practices: A survey of manufacturing Companies . Eurasian Journal of Business and Economics, 3(6), 113-125. Anastas, M. (1997). The changing world of management accounting and financial management. Management Accounting-New York-, 79, 48-51. Longenecker, J. G., Moore, C., Petty, J., & Palich, L. (2006). Small Business Management: An Entrepreneurial Emphasis. Thomson/South-Western.HD62. 7. L66 2006. Bhimani, A. (2002). European management accounting research: traditions in the making. European Accounting Review, 11(1), 99-117.
Hutaibat, K. A. (2005). Management accounting practices in Jordan: A contingency approach (Doctoral dissertation, University of Bristol). Hutaibat, K. A. (2012). Interest in the management accounting profession: accounting students’ perceptions in Jordanian universities. Asian Social Science, 8(3), p303. Anderson, S. W., & Lanen, W. N. (1999). Economic transition, strategy and the evolution of management accounting practices: the case of India. Accounting, Organizations and Society, 24(5), 379-412.
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THE RELATIONSHIP BETWEEN ISLAMIC VALUES AND HUMAN RESOURCE FUNCTIONS: A REVIEW Zienab I. Balla1*, Rosima Alias2, Abdul Aziz Mat Isa 3, Omar S. Zaroog4, Yousif Osman5 1
Department of management, Universiti Tenaga Nasional, Malaysia,
[email protected] Department of management, Universiti Tenaga Nasional, Malaysia,
[email protected] 3 Department of language, Universiti Tenaga Nasional, Malaysia,
[email protected] 4 Department of mechanical engineering, Universiti Tenaga Nasional, Malaysia
[email protected] 5 Department of Economics, King Faisal University, Saudi Arabia
[email protected] 2
Abstract Islamic Human Resource Management practices are gradually becoming attracted issues for many researchers in world, recently, may researchers have strongly intention to enlighten Muslim business organisation. The understanding of the relationship between Islamic values and human resource management practices could be a great solution to overcome many issues at work that conventional way failed to installed in business Muslim organizations and mismatch with Muslim values which is cause a gap in the practicing of all human resources functions . However, this paper attempts to clarify the relationship between Islamic values and HRM practices (recruitment, selection, training and development and performance appraisal) which is models and theories of Islamic human resource practices are limited in their application. Keywords: Islamic HRM, practices, Islamic values, religious
INTRODUCTION The business sectors in all over the world are experiencing the growing importance of the HRM functions and expecting more value addition from it with respect to the strategic goals of the companies (Khan, 2011). Zeffane and Connell (2003) mentioned that in the complex environment of business, the primary task of the HRM functions is to manage the employees efficiently, while augmenting the employees’ psychological attachment to the organisation to a great extent. In earlier studies where the opinions on Muslim managers were studied, it was reported by employees that the management practices are highly influenced by religious prescriptions and religious beliefs (Abuznaid, 2006; Ali, 2009; Ali and Al-Owaihan, 2008; Bouma et al., 2003, Randeree & ElFaramawy, 2010. The religious and values plays roles in business, socio-political and economic factors that have been instrumental in bringing about the paradigm shift in the functioning of HR management.
ISLAMIC VALUE Islam is an Arabic referent to one’s submission to God’s will in all facets of life. It is the religion of more than 1.8 billion people, which comprise a global population showing the greatest rate of
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increase. Research on Muslim management and staff practices indicates that managerial tradition is much affected by religious attitude and prescription (Abuznaid, 2006; Ali, 2009; Ali & Al-Owaihan, 2008; Bouma et al., 2003; Randeree & El-Faramawy, 2010). Islamic tenets form a collection of values and morals, and provide communal doctrines for all facets of human life in terms of one’s body, morality, spirituality, intellect, and personality (Abbasi et al., 2010; Asad, 2007).
IMPORTANCE OF ISLAMIC VALUES AT WORK
Islamic values and workplace ethics has been covered in several theoretical and experiential investigations from diverse viewpoints. Prior research has viewed Islamic Work Ethic’s function as mostly that of HRM methods, and also as job- and worker-related outcomes in dedication, contentment, and turnover (Rahman et al., 2006; Rokhman, 2010; Othman et al., 2004; Yousef, 2001). Rokhman (2010) explain IWE is constructively associated with workers’ job satisfactions and institutional commitments. while Alhyasat (2012) added the certain of IWE’s aspects such as kind and forgiving dispositions in dealings with workers and customers, compliance with those in power, and respectful work morals relate to institutional membership behaviours among workers, others such as expertise, consultations with Muslims, accountability, justice and fair-mindedness, integrity and collaboration had no major impact on institutional membership behaviours. Yousef (2001) described IWE as supportively associated with workers’ commitments and their outlooks on change. of Haroon et al. (2012), IWE was constructively associated with the work satisfaction of nurses employed at private-sector infirmaries. Other research points to a constructive connection between the morals of Islamic managers and their dedication (Salem and Agil, 2012). The impact of Islamic practices in businesses and institutional administration has been studied in depth. All effects on institutions which are derived from Islamic values behaviours are religiously intended to attain al-falah, or achievement on earth and in the hereafter. Some studies on Islamic management values practices in various countries are depicted in table .1. Table 1: Islamic Management values Practice Literature Summary Islamic Management Practices
Authors
Ethics & social responsibility in management
Beekun (1997); Ahmad (1996); Hanafi
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and Sultan (1995); Gambling and Karim Organisational behavior
(1991); Al Habshi and Ghazali (1994)
Leadership in organizations
Beekun and Shareef (1995); Al-Alwani (1995)
Motivation in Organizations
Badawi (2004); Ezzati ; Shirazi (1980)
Human
resource
management
Ali
(2005);
Aghazadeh (2003); Ramzan (1992); Beekun Abdel Rahman (1995); Sharfuddin (1997).
(1995); Ahmad (1995).
Organizational communication Siddiqui (1988) Quality management
HUMAN RESOURCES MANAGEMENT PRACTICES FROM ISLAMIC PERSPECTIVE Five primary Islamic values and human resources practices were explained and designated by Junaidah (2009) and Namazie and Monir (2006), as selections, recruitments, training and careers development, performance appraisals, and rewards. Islamic values and HRM aims to more effectively comprehend the needs and desires of workers. Research has emphasised that Islamic values HRM customs as well as institutional trust are critical factors relating to work satisfaction, increased performances, and lower staff turnover (Ali, 2005; Beekun, 1997; and Khan et al., 2011).
Nik Mutasim, et al. (2013) clarified that HRM practices are derived religiously. In the Qur’an, recruitments are guided as follows, “Allah doth command you to render back your trust to those to whom they are due; and when ye judge between man and man that ye judge with justice; verily how excellent is the teaching that he giveth you! For Allah is He who hearth and seethe all things. O ye who believe! Obey Allah and the Messenger, and those charged with authority among you. If ye differ in anything among yourselves, refer it to Allah and His Messenger if ye do believe in Allah and the Last Day: that is the best, and most suitable for final determination.”(Qur’an 4: 5859) . the standards processes in the selection of workers are from Islamic prescription stated by
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(Junaidah, 2008), of which the first criteria is justice. As Syed Agil (1997) and Ali Ibn Abi Talib averred, “Do not nominate officials on the account of favouritisms or egoisms, as the two traits reflect injustices and treacheries”. explicated by Ilhaamie (2010) that the religion emphasises the standards by which Muslim employees must be chosen. These are recognised as devoutness, righteous ethics or akhlak, fitness, experience, intellect, competency or qualified expertise, abilities, and collaborative attitude or amal jama’i (Surah al- Qasas: 26; Sunan al- Bukhari; Surah al-Bayinnah: 7; Surah al-Hujurat:13; Surah al-Nisa': 58). Employees must be committed, loyal, industrious, reliable, enthusiastic, and well-disciplined. They should preferably be persons who are knowledgeable about the institution and its people (e.g. internal candidates, Surah al-Nisa’: 36). In training and development functions Ilhaamie (2010) explained from the Qur’an and clarify employees should not discrimination according to ethnicity, colour, sexes or religious beliefs in the advancement of vocations (Surah al-Hujuraat, 13). In developing the careers of workers Junaidah, 2008, suggest HRM practitioners must assess workers’ capacities in terms of their personal talents, interests and working ambitions, as well as their individual potentials in the context of the institution, all the while conveying the job possibilities and opportunities available within it during career consultations. Moreover, It was stated by the International Islamic Jurisprudence Academy (2007) that the advancement of humanity involves the establishment of all-inclusive developments in the knowledge of Islam, which is achievable only in the availability of educational and training resources. Found in many sections of the Qur’an and in the Prophet’s traditions (PBUH) are teachings on the importance of knowledgeability. In the Qur’an, it is stated that Allah will strengthen the positions of those who have faith in Him and who become knowledgeable. As spoken, “Allah will increase, to (appropriate) ranks (and levels), those of you who believe and who have been granted (spiritual) knowledge, for Allah is well-acquainted with all you do.” (Qur’an 58:11). According to Shaw, D & Abdullah (2003), the practice of evaluating an employee’s productivity and contribution to the organisational goals over a specific period is referred to as performance appraisal. From the perspective of Islamic values, the performance measurement of employees must be based on fairness, justice, responsibility and accountability, which are values inscribed in
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the Quran (Surah an-Nahl. p. 90; Surah al-A’raf, p.85; Surah al-Hujuraat, p.13) .). Islam says that there are rewards and penance in worldly life and the Hereafter. Junaidah (2008) explained that admiration as well as admonition from God to humans is conveyed through His Messengers and His Divine sources of revelation. Al- Qur’an states (18:87-88): “Whoever doth wrong, him shall we punish; then shall he be sent back to his Lord, and He will punish him with a punishment unheard-of before, No employee should publicise the weaknesses of fellow employees (Surah anNisaa, p.149) or exhibit discrimination based on colour, race, or religion (Junaidah, 2008). According to Abulhasan (2006), the idea of responsibility and accountability is understood in relation to Islamic values and teachings, which define work as attainment of Allah’s gratification. The HR managers must be accountable for all employee related decisions and actions. In the verse of Surah Al-Zalzalah (35:7-8), Allah is considered to have said, “Then shall everyone who has done an atom’s weight of good, see it. And anyone who has done an atom’s weight of evil, shall see it”. CONCLUSION The relationship between Islamic values and HRM is crucial but it has limited focus in the literature , the paper review analysed the relationship between Islamic values and HRM practises which can offers a full and comprehensive way of living in life and greatly promote the expansion of business , industrial, trade and commercial activities and all course of business, the paper review emphasised the role of Islamic values on HRM practices in light of Islam and its critical factors and tools that can be practises in work to increase employee’s productivity and leads to contribution to the organisational goals.
REFERENCE Abdel Rahman, A. R. A. (1995). An Islamic perspective on organisational motivation. American. Journal of Islamic Social Sciences, 12(2), 185-203.
Abulhassan, M.S. Development issues in Islam, First Edition (2010) Research Centre International Islamic University Malaysia (2006). Ali, A. J. (2005). Islamic perspective on management and organization. Edward Elgar Publishing Limited.
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Alhyasat, K. M. K. (2012). The role of Islamic work ethics in developing organizational citizenship behavior at the Jordanian Press Foundations. Journal of Islamic Marketing, 3(2), 39-154. Al Habshi, S. O., & Ghazali, A. (Eds.). (1994). Islamic Values and Management. Kuala Lumpur: IKIM. Aghazadeh, S. (2003). The future of human resource management. Work Study, 52(4), 201-207. http://dx.doi.org/10.1108/00438020310479045 Beekun, R.I. (1997). Islamic Business Ethics. The International Institute of Islamic Thought. Beekun, R. I., & Badawi, J. (2004). Leadership: An Islamic perspective (2nd ed.). Beltsville, MD: Amana Publication Junaidah H. (2008). The Quran-Based Human Resource Management and its Effects on Organisational Justice, Job Satisfaction and Turnover Intention. The Journal of International Management Studies 3 (2).
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METHODOLOGY OF TANTAWI JAWHARI AND ZAGHLOUL NAGGAR IN THE SCIENTIFIC INTERPRETATION OF THE HOLY QUR´ÓN: A COMPARATIVE STUDY Mizanur Rahman International Islamic University Malaysia
[email protected] Abu Talib Mohammad Monawer University of Malaya
[email protected] Abstract There are several established approaches to TafsÊr- interpretation of the holy Qur´Én. Al-TafsÊr al-‘IlmÊ - the scientific interpretation of the Holy Qur´Én is one of the approaches which is lately emerged in the discipline of TafsÊr. Tantawi Jawhari and Zaghloul Naggar are two prominent Egyptian Muslim scholars who focused on scientific issues of the Qur´Én in their tafsÊr works “Al-JawÉhir fÊ tafsÊr al-Qur´Én alkarÊm and “TafsÊr al-AyÉt al-Kawniyyah” respectively. They interpreted the Qur´Énic verses from scientific viewpoint. They agreed on some issues while differed on some others. In this connection, this paper aims to clarify the methodology of both scholars in their TafsÊr using a comparative analysis method. Among the most significant findings of this paper is that the interpretation of Zaghloul Naggar are more precise as well as relevant to the applied science compared to the interpretation of Tantawi Jawhari. This paper also concluded that proper Qur´Énic knowledge and scientific insights are required for the one who wants to interpret the Qur’anic verses concerning the natural phenomena and the scientific indications; otherwise, lacking in any of them will lead to misinterpretation of the message of Allah- the guidance of humankind. Key Words: Methodology, Scientific Interpretation, Tantawi Jawhari, Zaghloul Naggar, Natural Phenomena.
INTRODUCTION The scientific interpretation (al-TafsÊr al-‘IlmÊ) is a newly developed approach of TafsÊr (interpretation of the meaning of the holy Qur’an) whereby the Mufassir (scholar of tafsir/ interpretor) tries to clarify the verses of the Holy Qur´Én related to scientific indications, cosmic symbols and natural phenomena in the light of proven or experimental science, modern discoveries and authentic theories. In Scientific interpretation of the Holy Qur´Én, scholars focused on the scientific dimensions of the verses and came up with applied discoveries to spell out the phenomena. Tantawi Jawhari (1870AC–1940AC) and Zaghloul Naggar (1933AC-) are two Egyptian Muslim scholars who focused in their tafsÊr works “Al-JawÉhir fÊ tafsÊr al-Qur´Én al-karÊm”1 and “TafsÊr al-AyÉt
1
Tantawi Jawhari, Al-JawÉhir fi tafsÊr al-Qur’Én al-KarÊm, 1st edition. (Beirut: DÉr al- Kutub al- ‘Ilmiyyah, 2004).
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al-Kawniyyah”2 respectively on scientific issues in the Qur´Én. They have paid special attention to the scientific inter-relation of the verses that contain discussion on natural phenomena and dealt with the ÉyÉt from the scientific viewpoint. They have contributed to the scientific interpretation of the holy Qur’an and both have some distinctions which are imporatnt for undrstanding the scientific indications of the holy Qu’ran. To the best knowledge of the researchers, study on Naggar’s commentaries on thematic exegesis of the holy Qur´Én specially verses that have scientific significance is absent in the literature. Some studies have been conducted on the TafsÊr of Tantawi Jawhari. However, the researchers did not find any study comparing bewteen the methodologies of both Mufassirs which is important to understand the development of the scientific approach of the interppretation of the holy Qur’an. Hence, there is a need to study the methodologies of these two legendary scholars of the scientific interpretation of the Holy Qur´Én. This paper is mainly divided into three sections. The first secation consists of a brief account of Shaykh Tantawi Jawhari’s life and his methodology of scientific interpretation of the holy Qur’an while the following section briefly describes the life of Zaghloul Naggar and his methodology. The final sections compares between the methodologies of both scholars. TANTAWI JAWHARI AND HIS METHODOLOGY A Brief Account of Tantawi Jawhari’s Life Shaykh Tantawi Jawhari is considered a leading pioneer of the school of Scientific Miracles. His famous TafsÊr “Al-JawÉhir fÊ TafsÊr al-Qur´Én al-KarÊm” is a huge collection of Scientific Miracles of the Holy Qur´Én which he worked on relentlessly for around 13 years (1922-1935)
2
ZaghlËl RÉghib MuÍammad al-NajjÉr, TafsÊr al-ÓyÉt al-kawniyyah, 1st edition. (Al-QÉhirah: Maktabah al-ShurËq al-Dawliyyah, 2007).
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and completed it into 25 volumes. Here we describe the methodology which has been followed in his TafsÊr. Methodology of Tantawi Jawhari Shaykh Tantawi Jawhari gathered in his TafsÊr “Al-JawÉhir fÊ TafsÊr al-Qur´Én al-karÊm” information, documents and data of all branches of knowledge. To interpret the verses, he did not confine himself to religious sciences only rather he included practical sciences also. Here, Shaykh Tantawi Jawhari provided extensive discussions on Geology, Zoology, Physics, Chemistry, Biology, Embryology, Astronomy, Ecology, Botany, Anatomy, History, Architecture, Space Science, Sea Science and so on. His main target in discussing all these science related issues was to draw the attention of the Muslim Ummah to inspire them to learn modern sciences. Besides, he identified that the negligent mind that does not want to learn Science and technology as a prime reason for the Muslim Ummah to be degraded and degenerated all over the world. He argued that, Muslims themselves are responsible for the current degeneration happening all over the World. Hence, he invited the Muslim Ummah to his vision of acquiring scientific knowledge and building a better civilization. He organized his TafsÊr according to the chapters of the Holy Qur´Én, not according to the Qur´Énic Juz´ i.e. SËrah al-FÉtiÍah then SËrah al-Baqarah and then SËrah Ól ‘ImrÉn, etc. His TafsÊr was compiled into 25 volumes with an extra volume where he discussed some issues that he missed in the previous volumes. When he interpreted every SËrah he mentioned the place of revelation and the number of verses in it. Sometimes, we found that he commenced with a big introduction before he started the SËrah, as we see in SËrah al-MÉ´idah where he discussed about Halal and ×arÉm pertaining to consumption of animals.
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At the very outset, Shaykh Tantawi Jawhari divided all the verses of every sËrah into several sections and he named these sections “al-MaqÎad”3 (objective) or “al-Qism” (section). For example, he classified SËrah al-Mu´minËn into three MaqÉÎids. The first MaqÎad is on human creation, the second MaqÎad is on stories of some prophets and finally the third MaqÎad is on a general address of God to his messengers.4 After he classified the SËrah into MaqÉÎid, he started the linguistic interpretation of the verses in detail. Then he described the relation of the current SËrah with the previous SËrah. After describing the relationship and linguistic interpretation of every single MaqÎad, he explored some witticism which he named LaÏÊfah5 from the MaqÎad. For example, he explored three LaÏÊfahs from the first MaqÎad of SËrah al-Mu´minËn. The first LaÏÊfah is on the verse no. 12, the second LaÏÊfah is on verse no. 17 and lastly the third LaÏÊfah is on verse no. 21.6 Every so often, if he considered any verse to be highlighted more because of its paramount essence, he discussed the verse under a point named “Jawharah” (essential being)7. While maintaining these common rules, at times he discussed several issues related to the verses or interrelated with the teaching of the verses. At these points, he raised the issues in particular titles and classified them into some parts or seasons which he named “FaÎl”. For instance, in SËrah al-NËr, he discussed the issue of decoration of the world by apparent lighting as well as interior lighting and divided the issue into five parts or FaÎl.8 Sometimes he mentioned some stories in his TafsÊr to make the exegesis clear to the readers; that time he named these
3
Although the literal meaning of al-MaqÎad is main objective, here he used the term as main parts or units. T. Jawhari, Al-JawÉhir fÊ TafsÊr al-Qur´Én al-karÊm, (Beirut: DÉr al-Kutub al-‘Ilmiyyah, 2004), Vol. 11, P. 112. 5 It is the subtle issue in MaqÎad which he considered very significant for his reader but usually people ignore it unconsciously. That is why he emphasized that discussion namely LaÏifah. 6 Ibid, P. 118. 7 Ibid, Vol. 12, P.191. 8 Ibid, P. 62 4
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stories as “×ikÉyah” (report)9. Besides, when he discussed anything miraculous or amazing then he placed the discussion under the title of “‘AjÉ´ib” (wonders) or “GharÉ´ib” (peculiar things)10. On occasion, Shaykh Tantawi Jawhari talked about some important topics in his TafsÊr then he classified the topic into “MasÉ´il” (issues). For instance, when he interpreted SËrah alFÉtiÍah and described the meaning of “Rabb al-‘ÓlamÊn”, he explained in detail the dynamism of Devine Tarbiyah (education) to the entire universe. Then he mentioned eight MasÉ´il (issues) under the discussion of Tarbiyah.11 Non-Refference Approach to Classical TafsÊr As we know ÙabarÊ, QurÏubÊ, Ibn KathÊr, Fakhr al-DÊn al-RÉzÊ, al-ZamakhsharÊ, al-BayÌÉwÊ, al-BaghawÊ, AbË ×ayyÉn and al-JaÎÎÉÎ are pioneers of Science of TafsÊr because they were nearer to the golden age and the age after that. Besides, their time was safer than the later time from all fabrications and misinterpretation in the Science of TafsÊr. They guided the way of tafsÊr for the next generation. Later, when mufassirËn interpreted the Holy book of Allah, they usually relied on classical tafsÊr and referred to it. As we see in ruÍ al-ma‘Éni, tafsÊr al-manÉr, durr almanthËr and zilÉl al-Qur´Én, the authors always referred to classical tafsÊr for their linguistic explanation, jurisprudential views, ideological opinions, logical arguments, social matters, theological discussions and so forth. But Tantawi Jawhari did not refer to any classical mufassirËn in his tafsÊr book in any interpretation of verses of the Holy Qur´Én. It seems that he preferred tafsÊr bi al-ra´y instead of tafsÊr bi al-ma´thËr. Reliance on Others’ Empirical Findings Natural Phenomena
9
Ibid, Vol. 10, P. 128. Ibid, Vol. 12, P. 195, 277. 11 Ibid, Vol. 1, PP. 7-12. 10
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Tantawi Jawhari collected all the findings and opinions or information from others but he did not conduct empirical research himself on the natural phenomena mentioned in the Holy Qur´Én. Sometimes he just explained the issue of al-ÉyÉt al-kawniyyah without providing an in-depth discussion on it. For example, in the interpretation of SËrah al-ZilzÉl (chapter of earthquake), he did not discuss the reason or mechanism of earthquake properly. As a Scientific TafsÊr it was his core duty to clarify such a significant issue related to natural phenomena. In this ÎËrah, he was supposed to explain the causes of an occurring earthquake, frequency of occurrence, effects of earthquake like shaking, ground rupture, landslides, fires, and floods and so on. But unfortunately he never touched on these important issues in his interpretation in an academic manner. Rather, he provided some disaster data on what happened to Italy in its earthquake in 1930. He just quoted some statistics from correspondent of al-AhrÉm newspaper of how many persons are injured and killed because of the earthquake and the name of the cities where it occurred.12 Likewise, in SËrah al-WÉqiyah, when he interpreted the verse where Allah took the oath upon mawÉqi‘ al-nujËm in verses no. 75 and 76, he just asserted that the oath of these verses indicates to a great significance of stars as well as setting of the stars. Besides he stated that mawÉqi‘ al-nujËm refers to projection of stars in their setting and mansions or adobes.13 This mawÉqi‘ al-nujËm is called, in space science terminology, black hole which is considered a giant object in space ever discovered. Jhon Michell14 was the first person known to 12
Ibid, Vol. 25, PP. 279-280. Ibid, Vol. 224, P. 83. 14 Jhon Michell (1724-1793) was an English scientist who provided pioneering insights in a wide range of scientific fields, including astronomy, geology, optics, and gravitation. He was the first person known to propose the existence of black holes, the first to suggest that earthquakes travel in waves, the first to explain how to manufacture artificial magnets, and the first to apply statistics to the study of the cosmos, recognizing that double stars were a product of mutual gravitation. 13
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propose the existence of the black hole. In this verse, he did not provide any scientific discussion regarding mawÉqi‘ al-nujËm (black hole) at all. But it was very much relevant to explain this natural phenomena to interpret the verse. If he would just quote from others and at least narrate some facts and findings on black hole here that would be an appreciable job but he did not do this. It seems that the information on black hole was unknown to him or he had no proper access on such scientific matter. Since he is considered a pioneer of al-tafsÊr al-‘ilmÊ, he was supposed to mention here what black hole is actually, the origin, formation and evolution of it but he simply discussed the literal meaning of mawÉqi‘ al-nujËm (black hole) and overlooked the inter-scientific matter which was very important here to be discussed. Reliance on Contemporary Scientific Inventions The main intention of Shaykh Tantawi Jawhari in his TafsÊr Al-JawÉhir fÊ TafsÊr al-Qur´Én alkarÊm was to describe the wonders of this universe that the Holy Qur´Én referred to, based on the most recent developments of modern science and technology. That is why, if the verse provided any information regarding the sun, moon and stars or their orbits, then he explained the verse based on data provided by the latest invention of Astronomy of his time. If the verse is related to plantation or cultivation or something like this, he explained the verses with an expansive discussion on the most recent agricultural or botanical discoveries of his time. As we see in the very first sËrah of the Holy Qur´Én in SËrah al-FÉtiÍah, when he explained the word al-‘ÓlamÊn in the verse Rabb al-‘ÓlamÊn, he defined this world or universe as a multi-dimensional world or universe and classified it into two classifications. The first is the Under World and the second is the Upper World. He stated that, the Upper World consisted of the
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sun, moon, stars, galaxy, black holes and so on. Then he started to discuss the continuous expansion of the world especially the massive solar system.15 He stated that the sun is 1.3 million size bigger than the earth we live on. It is a star at the center of the solar system and the most important source of energy for life on earth. It is a nearly perfect spherical ball of hot plasma, with internal convective motion that generates a magnetic field via a dynamo process. Its diameter is about 109 times that of the earth and about three quarters of the sun’s mass consists of hydrogen; the rest is mostly helium, with much smaller quantities of heavier elements, including oxygen, carbon, neon and iron.16 After that, he discussed the solar system which comprises the sun and the planets that orbit it, either directly or indirectly. Of those planets that orbit the sun directly, the largest eight are planets that form the planetary system around it, while the remainders are comets and asteroids. Of those that orbit the sun indirectly, two are larger than the smallest planet. It is presumed that the solar system formed 4.6 billion years ago from the gravitational collapse of a giant interstellar molecular cloud. The vast majority of the system’s mass is in the sun, with most of the remaining mass contained in Jupiter. The four smaller inner planets, Mercury, Venus, Earth and Mars, are terrestrial planets, being primarily composed of rock and metal. The four outer planets are giant planets, being substantially more massive than the terrestrials. The two largest, Jupiter and Saturn, are gas giants, being composed mainly of hydrogen and helium; the two outermost planets, Uranus and Neptune, are ice giants, being composed largely of substances with relatively high melting points compared with hydrogen and helium, called ices, such as water, ammonia and methane. All planets have almost circular orbits that lie within a nearly flat disc called the ecliptic. The Under
T. Jawhari, Al-JawÉhir fÊ TafsÊr al-Qur´Én al-karÊm, (Egypt: MaÏba‘ah MuÎÏafÉ al-BÉbÊ al-×alabÊ wa AwlÉduhu, 1930), Vol. 1, PP.13-14 16 Ibid, P. 14. 15
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World is the hidden world under the sea where a huge number of living creatures dwell and the world we see on this earth i.e. the visible world which consists of human beings, animals, plants and minerals. The hidden sea world is a newly invented miracle which has been recently explored by sea experts. He said that he read from some magazines that there are some peculiar species of fishes living under the dark layer of sea which is many miles deeper than the light of the sun. He wrote about the blue whale, the biggest creation on earth. The blue whale is a marine mammal belonging to the baleen whales at 30 meters (98 ft) in length and 180 tones; it is the largest extant animal and is the heaviest known to have existed.17 Then he mentioned some kind of fish of the sea world. One breed of fish found in Alaska18 contains huge amount of oil in its body. The fishermen catch it to collect the fat and use the oil of its body to fuel of lamps. Another sort of fish found in China if anybody eats its flesh, will start laughing and keep laughing until he dies. The Chinese government banned the fish from being sold in the local markets. They use this fish in jail for the prisoners for some special purpose. After that, he described some other elements of the Under World substances like several kinds of minerals such as gold, silver, zinc, iron, magnesium, potassium, etc. Eventually, he discussed several plants and animals. Then he stated that our Lord Allah (swt) is the Nourisher, Cherisher and Sustainer of these worlds “Rabb al-‘ÓlamÊn”.19 To compare the interpretation of Tantawi Jawhari on “Rabb al-‘ÓlamÊn” with others, if we go through the classical tafsÊr we can find that most of them (ÙabarÊ20 and Ibn KathÊr21 for example) referred to Ibn ‘Abbas’s saying where he defined al-‘ÓlamÊn in the verse in relevance to
17
Ibid. One of the states of the U.S., situated in the northwest extremity of the North American continent. 19 T. Jawhari, Al-JawÉhir fÊ TafsÊr al-Qur´Én al-karÊm, Op. cit., PP. 15-16. 20 M. Ibn JarÊr, JÉmi‘ al-bayÉn fÊ ta´wÊl al-Qur´Én, (Damascus: Mu´assasah al-risÉlah, 2000), Vol. 1, P. 143. 21 A. Ibn KathÊr, TafsÊr al-Qur´Én al-‘aÐÊm, (Beirut: DÉr al-Kutub al-‘Ilmiyyah, 2002), Vol. 1, P. 45. 18
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everything that exists with the exclusion of Allah the Creator of the entire universe, whether it is rational or irrational creation; visible or invisible. It means that the word al-‘ÓlamÊn is a collective noun used in the Holy Qur´Én in reference to the entire world of creation whatever that exists therein. In this case, the Scientific TafsÊr of Tantawi Jawhari would only help us to understand and comprehend the visible part of the world (‘Élam al-shahÉdah), the world that is subject to empirical investigation of modern science, but it is not able to give us the explanation about the invisible part of the world (‘Élam al-ghaib). He discussed storms in the third part of SËrah HËd and he named the discussion “Storms in Modern Science”. He said this earth is consists of 26 special layers. These layers are composed through six long ages. Through all these ages the earth got new shapes. Storm age is one of the six ages that gave the world a new shape. A storm is any disturbed state of an environment or astronomical body's atmosphere especially affecting its surface, and strongly implying severe weather.22 After mentioning the Éyah “And nothing is hidden from your Lord (so much as) the weight of an atom (or small ant) on the earth or in the heaven. Not what is less than that or what is greater than that but is (written) in a Clear Record”23 he talked about the atom which is the smallest constituent unit of ordinary matter that has the properties of a chemical element. Every solid, liquid, gas, and plasma is made up of neutral or ionized atoms. Atoms are very small; typical sizes are around 100 pm (a ten-billionth of a meter, in the short scale). Subsequent to this atomic discussion he revealed three motion laws of Newton.
22 23
T. Jawhari, Al-JawÉhir fÊ TafsÊr al-Qur´Én al-karÊm, (Beirut: DÉr al-Kutub al-‘Ilmiyyah, 2004), Vol. 6, P. 173. SËrah YËnus 10: 61.
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The First Law: When viewed in an inertial reference frame, an object either remains at rest or continues to move at a constant velocity, unless acted upon by an external force. The Second Law: The vector sum of the external forces F on an object is equal to the mass (m) of that object multiplied by the acceleration vector (a) of the object: F = ma. The Third Law: When one body exerts a force on a second body, the second body simultaneously exerts a force equal in magnitude and opposite in direction of the first body. The three laws of motion were first compiled by Isaac Newton in his Mathematical Principles of Natural Philosophy, first published in 1687. Newton used them to explain and investigate the motion of many physical objects and systems.24 Quotation from Non-Academic Sources: We see in his TafsÊr that he quoted from magazines, newspapers and cited many poems from Arabic literature and other literatures alike. He came to an end of an interpretation of SËrah alHËd by referring to two incidents. The first incident was cited from a magazine which revealed that one of the Christian fathers was a renowned astronomer who predicted World War 1 and the economic crisis worldwide before the War.25 In SËrah Maryam, he discussed how life exists in this Earth under a title named “Generating Life under Chemical Means” where he quoted from a weekly newspaper namely AlSiyÉsah. The gist of what he mentioned from that newspaper is many European scientists believe that big sized animals or superior animals evolved from small sized animals and wild animals from sea animals. Conversely, some other scientists rejected this. Nevertheless, our earlier scholars argued that all animals existed as well as developed around Equator which is regarded as an
24 25
Ibid, Vol. 2, PP. 20-22. Ibid, Vol. 6, P. 234.
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imaginary line on the earth’s surface equidistant from the North Pole and South Pole, dividing the earth into the Northern Hemisphere and Southern Hemisphere as it is the most suitable place for it.26 In the interpretation of SËrah al-NËr, he asserted that this earth is dancing around the sun daily as well as yearly which is known as orbit and axis. The earth does not rest, rather it rotates and dances around the sun with its other planets such as Mars, Neptune, Jupiter and the rest. Immediately, he quoted a poem on earth’s rotation and all planets in the space.27 At times, he cited poems written by British poets. For instance, in SËrah ÙÉhÉ, MaqÎad three under the linguistic discussion he quoted two poems of two British poets, Trank and William Watton accordingly.28 Use of Figures: Shaykh Tantawi Jawhari used in his TafsÊr enormous number of images of several animals, birds, organs of human body and many more. Likewise, he used diagrams, atlases and tables. When he interpreted the verse “And it is He who produced for you hearing and vision and hearts; little are you grateful,29 he wrote on the sensory of eye and ear and provided pictures of the eye and ear mechanism”.30 In SËrah al-NËr, he discussed on birds and explained the reason why they migrate far away in winter and summer. The reason, he expressed, is collecting food from nature. Moreover, the birds are encouraged to migrate in order to find a safe place to protect themselves from natural disasters and wild animals. Every year, with the arrival of winter, migratory birds of various
26
Ibid, Vol. 10, P. 25. Ibid, Vol. 12, P. 78. 28 Ibid, Vol. 10, PP. 168-169. 29 SËrah al-Mu´minËn 23:78. 30 Ibid, Vol. 11, P. 198. 27
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species move around the globe for their innate necessity. Along with this discussion he provided some pictures of birds collected from a book named “Science Feral”.31 He had a discussion on insect growth in the exegesis of SËrah ÙÉhÉ where he gave a diagram of floss showing how it develops from the small insect to a flying creature.32 In addition, he sketched a table on human body functions and numerical box in the exegesis of SËrah alFurqÉn.33 Comparative Approach to Religions Actually, his TafsÊr Al-JawÉhir fÊ TafsÊr al-Qur´Én al-karÊm is a diverse collection of all religious and scientific discussions. That is why for any Éyah related to any issue of comparative religion, he came up with several references from other religious books. As we have found he quoted from InjÊl BarnÉbÉ- the most reliable biblical text to christians. In SËrah Maryam, he illustrated the meaning of al-Kalimah and brought several books as well as references from some scriptures of ancient religions.34 ZAGHLOUL NAGGAR AND HIS METHODOLOGY A Brief Account of Zaghloul Naggar’s Life: Zaghloul Naggar is an Egyptian geologist and prominent contemporary Muslim scholar who contributed immensely in the area of Scientific Miracles of the Holy Qur´Én and Sunnah by writing books and articles, delivering lectures, conducting radio and television programs and so forth. He wrote more than 50 books in Arabic, English and French. His TafsÊr, “TafsÊr al-ÓyÉt alKawniyyah” is one of the rich collections of scientific interpretation of the Holy Qur´Én of the
31
Ibid, Vol. 12, P. 38. Ibid, Vol. 10, P. 135. 33 Ibid, Vol. 12, PP. 237-239. 34 Ibid, Vol. 10, PP. 40-42. 32
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current era. ZaglËl al-NajjÉr is considered as an authority on Scientific Miracles in both the Qur´Én and the Sunnah. As a living scholar, he has experienced all the latest scientific inventions, discoveries and theories which supported him in interpreting the holy Qur´Én from a scientific angle. His methodology he followed in his TafsÊr is described below. Methodology of Zagloul Naggar His TafsÊr “TafsÊr al-AyÉt al-Kawniyyah” consists of four volumes with 2287 pages in total. The first volume starts with SËrah al-Baqarah and ends with SËrah al-IsrÉ´. The second volume starts with SËrah al-Kahf and ends with SËrah LuqmÉn. The third volume starts with SËrah al-Sajdah and ends with SËrah al-Qamar. Finally, the fourth volume starts with SËrah al-RaÍmÉn and ends with SËrah al-QÉri‘ah. Every single volume of his TafsÊr starts with an introduction by the publisher then it provides a short biography of Zaghloul Naggar in chronological order. After that, it presents the table of contents. Afterwards, it puts forward an extended preface of the writer of 30 pages where he discussed several aspects of Qur´Énic miracles, origin of scientific approach of TafsÊr, Muslim scholarship on scientific interpretation of the Holy Qur´Én and their different points of view on it. Finally, he began the scientific interpretation of the SËrahs of that volume. At the end of the fourth volume he provide a searchlight index which he named as KashshÉf and he made this index topic wise for every particular volume separately so that the readers can easily find out their chosen topic by going through this searchlight index. Usually, when he started the interpretation of a SËrah, he commenced with a point named Scientific indication of the verse (al-DalÉlah al-‘Ilmiyyah li al-ÓyÉt al-KarÊmah) or Scientific
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Miracle variable of the verse (min Awjuh al-I‘jÉz al-‘IlmÊ fÊ al-Óyah)35 unlike few sËrahs where he directly started the scientific discussion with different points.36 Sometimes, he quoted some sayings as well as opinions of early commentators to make the meaning of the Óyah apparent to the readers. For instance, to interpret verse no. 26 of SËrah al-Baqarah he quoted from the TafsÊr Øafwat al-BayÉn li Ma‘ÉnÊ al-Qur´Én.37 Moreover, he quoted from al-ImÉm al-ÙabarÊ to interpret verse no. 10 of SËrah QÉf38. Often, he interpreted one Qur´Énic verse with other verses since it is the best way for Qur´Énic interpretation. For example, when he interpreted verse no. 29 of SËrah al-Baqarah:
ِّ ِّ ض ي ِّ مشم ِّ اشِفشاأل ءير ِّ شَسي ياوات يشوه يوشب ِّشك شَ ءْ ٍش َّ يشخلي يقشليك َّ شاستي يوىشإ ِّ يَل شسءب يع ي شل ي ه يوشالَّذ ي شَج ًيعاشُثَّ ء شالس يما ٍشفي يس َّواه َّن ي يعل ِّيمش He it is Who created for you all that is on earth. Then He Istawa (rose over) towards the heaven and made them seven heavens and He is the All-Knower of everything he referred to three Qur´Énic verses from different sËrahs to make the meaning crystal clear. Those three verses are as follow:
ِّ اشِبييدشوإ َِّّنَّشليم ِّ السما ٍشبيني ءي ني ي وسعو ينش اه ء ي يو َّ ي With power did We construct the heaven. Verily, We are Able to extend the vastness of space thereof.39
ِّ َّ ِّ َّ ين ِّ اتشواأليرضش يكانيتياشرتء ًقاشفي يفتي ءقنياُهاشوجع ءلني َّ ينش يك يفرواشف شيْشفيفيا َّ اشم ينشالء يما ٍشك شل ي شالس يم ياو ي ء ي ي ي يي ششَ ءْ ٍ ي ي ف ييويَلءشيييرشالذ ي ي ءؤ ِّمنون
35
J. NajjÉr, TafsÊr TafsÊr al-AyÉt al-Kawniyyah, (al-QÉhirah: Maktabah al-ShurËq al-Dawliyyah, 2007), Vol. 1, P. 131. 36 Ibid. Vol. 3, P. 133. 37 Ibid. Vol. 1, P. 79. 38 Ibid. Vol. 3, P. 363. 39 ØËrah al-DhrÉiyÉt: 47.
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Have not those who disbelieve known that the heavens and the earth were joined together as one united piece, then We parted them? And We have made from water every living thing. Will they not then believe?40
ِّ ِّ ْيشويَتعلو ينشليهشف ي ِّ ِّ قلشفيئ ِّنَّكمشليتكءفرو ين اشريو ِّاس يْش بشالء يعالي ِّم يش ض ِّ ش ُّ ك شيشر يند ًاداشذيل ي ء ء ي يشخلي يقشاأل ءير ي شِبلَّذ ي شِفشيي ءويم ء ِّ ي ء ي ْي يو يج يع يلشف ييه ي ِّ ِّ ِّ ِّ ِّ َّر شف ِّ ييهاشفيقء و ياَتي ا ٍشو ِّه يْ شد يخانش لسائ ِّل ِّ يش َّ شاستي يوىشإ ِّ يَل َّ ِّ شس يوا ٍشل ْي شُثَّ ء اشِف شف ءيربي يعة شفي ََّّيم ي اشوقيد ي شالس يم ي اشويِب يريك شف ييه ي منشفي ءوق يه ي ي ِّ اشول ِّ ءْل ءير ضشا ِّئءت ِّيياشطيءو ًعاشف ءيوش يك ءرًهاشقياليتياشفيتيءي نياشطيائ ِّشع ِّْي في يق يالش يَلي ي Say (O Muhammad ): "Do you verily disbelieve in Him Who created the earth in two Days and you set up rivals (in worship) with Him? That is the Lord of the 'Alamin (mankind, jinns and all that exists). He placed therein (i.e. the earth) firm mountains from above it, and He blessed it, and measured therein its sustenance (for its dwellers) in four Days equal (i.e. all these four 'days' were equal in the length of time), for all those who ask (about its creation). Then He Istawa (rose over) towards the heaven when it was smoke, and said to it and to the earth: "Come both of you willingly or unwillingly." They both said: "We come, willingly."41
Besides, he referred to Prophetic traditions as well to interpret the Éyah of some sËrah. For instance, to interpret the first verse of SËrah al-NisÉ´:
ِّ ِّ ِّ ِّ ِّ ث ِّشمءن هم شاشر يجاالًش يكث ِّ ًرياش يشخلي يقكمشمنشنَّ ءفس يشواي يدة يشو يخلي يقشمءن يه ي يَّيشفيي ُّ يهاشالنَّاسشاتَّقواء يشربَّكمشالَّذ ي اشوبي َّ ي اشزءو يج يه ي ِّ شعليءيك ءم يشرق ِّيبًا َّ شاَّلليشالَّ ِّذيشتي يسا ٍيلو ينشب ِّ ِّه يشواأل ءير يي يامشإ ِّ َّن َّ ا ٍشواتَّقواء شاَّلليش يكا ين ي يون يس ي O mankind! Be dutiful to your Lord, Who created you from a single person (Adam), and from him (Adam) He created his wife [Hawwa (Eve)], and from them both He created many men and women and fear Allah through Whom you demand your mutual (rights), and (do not cut the relations of) the wombs (kinship). Surely, Allah is Ever an All-Watcher over you.
40 41
ØËrah al-AnbiyÉ´: 30. ØËrah FuÎÎilat: 9-11.
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He quoted a prophetic tradition from al-ÙabarÉnÊ to shed light on the meaning of the verse.42 The prophetic tradition is:
اي رسول هللا وما عسى أن يولد يل ؟ إما غالم: ما ولد لك قال:فنشالنيبشصلىشهللاشعليهشوشسلمشقالشلهش ما عسىشفنشيشبهش؟شإماشفمهشوإماشفِبهشفقالشلهشالنيبشصلىشهللاشعليهشوش: فمن يشبه ؟ قال: وإما جارية قال سلمشهامهشالشتقولنشكذلكشإنشالنطفةشإذاشاستقرتشِفشالريمشفيضرهاشهللاشعزشوشجلشكلشنسبشبينهاش شوبْيش (آدمشفماشقرفتشهذهشاآليةشِفشكتابشهللاشعزشوشجلش)شِفشفيشصورةشماشَا ٍشركبك Prophet Muhammad (PBUH) asked one of his companions: You got boy or girl? He replied Oh Prophet of Allah what supposed to be my child? Prophet said whether it is a boy or a girl. Who does it look like? Companion said what should be it look like? Like its mother or father? Prophet said be aware of that! Do not say like this. Indeed, when the semen became steady in mother’s womb, Allah shows it whole the genealogy between it and Adam. Did you not recite this verse? In whatever form He willed, He put you together.43 In some cases he raised the issue of the scientific interpretation of the verse by putting a question in the beginning as he did in SËrah QÉf, verse no 6:
ِّ شالسم ِّا ٍشفيوقيهمش يكيفشب نيي نياهاشوزيَّنَّاهاشوماش يَل اشم ءنشف روجش فيفيلي ءمشييءنظرواشإ ِّ يَل َّ ي ء ء ء ي ي ء ي ي ي ي ي ي ي Have they not looked at the heaven above them, how We have made it and adorned it, and there are no rifts in it?44
42
Ibid. Vol. 1, P. 57. SulaimÉn ibn AÍmad al-ÙabaranÊ. Al-Mu‘jam al-KabÊr, al-RÉ´, Chapter: RibÉÍ al-LakhmÊ…, ×adÊth no. 4624, (Al-MËÎil: Maktabah al-‘ulËm wa al-×ikah), 5/74. 44 ØËrah QÉf: 50:6 43
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Here he raised a question inquiring that is it possible for the verse to provide the fact of existence of rifts in sky? After raising the question he brought some facts and described that physical and astronomical studies disclaim the availability of rifts in the sky. Those factual grounds are as follow: 1- The dark territory in the space does not prove that there are rifts in the sky. 2- The expansion of the whole universe also neglects the idea of existence of rifts. 3- Antimatter theory in the universe also disclaims the availability of rifts. 4- Stages of Big Bang process also contradict the idea of rifts. 5- Materials between stars and galaxies also disapprove the notion of sky rifts.45
To draw the attention of readers to a certain matter, one of the best academic approaches is raising a question then clarifying the facts by providing supporting evidence and scientific findings. Here Zaghloul Naggar followed the abovementioned approach. By adapting this approach, he made the scientific interpretation of the verse crystal clear and more comprehensible to readers. To the best capacity of the researchers, it seems to be an effective and reasonable way to establish a fact. Thematic Interpretation (Al-TafsÊr al-MawdË’Ê) Zaghloul Naggar did not interpret every sËrah of the Holy Qur´Én in his TafsÊr, rather he prioritized the sËrahs where he found science related verses most and instead of interpreting all verses of the sËrah, he interpreted the verses which contain scientific indications. For instance, the number of verses in SËrah al-Baqarah is 286 but he interpreted only eight verses from it
45
Ibid. Vol. 3, P. 351.
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because he found the uppermost scientific significance only in these verses of the sËrah. The verses he interpreted from SËrah al-Baqarah are given below.
ِّ اع ِّقشي يذرشالءمو ِّ َّ مشمنشال ِّ ِّ ِّ ِّ ِّ شَيعلو ينشف ِّ ِّ َّ فيوش يكصي ِّب ِّشمن اَّللش َّ ت يشو ي شالس يما ٍشفيهشظل يماتشش يوير ءعد يشوبي ءرق يء ي ء ي ص يو ي ي ي ء يصاب يعه ءمشِفشآ يذاِن ي ي ِّ ُِّميط شِبلء يكاف ِّ ِّر يش ين Or it is like a rainstorm from the sky within which is darkness, thunder and lightning. They put their fingers in their ears against the thunderclaps in dread of death. But Allah is encompassing of the disbelievers.46
ِّ الَّ ِّذيشجعلشليكمشاألير ِّ شالسما ٍشما ٍشفيأيخرجشب ِّ ِّه ِّشمنشالثَّمر ِّ السما ٍشب ِّنيا ٍشوف ِّ ات شرءششزقًاشلَّك ءمشفيايش ء ي يي ضشفيراَاً يشو َّ ي ينزيلشم ين َّ ي ي ء ي ي ي ي ي يي ي اشوفينت ءمشتي ءعليمو يشن َِّّ يءَت يعلواء شَّلل ِّشفي ي شند ًاد ي He who made for you the earth a bed spread out and the sky a ceiling and sent down from the sky, rain and brought forth thereby fruits as provision for you. So do not attribute to Allah equals while you know that there is nothing similar to Him.47
ِّ َّ نشر ِّّب ِّ ءم يشوف َّيماش شآمنواءشفييي ءعليمو ينششفينَّه ء َّ إ ِّ َّن َّ ًشمثيا َّ شاْلي ُّق ِّشم شاَّلليشاليشيي ءستي ءحي ِّْشفينشيي ء شماشبيع ي ض ِّر ي ين ي بي وضةًشفي يماشفي ءوقي يهاشفيأ َّيماشالذ ي ِّ َّ ِّ شض ُّلشب ِّ ِّهشإ ِّالَّشالء يف ِّ ض ُّلشب ِّ ِّهش يكث ِّرياشوي ه ِّديشب ِّ ِّهش يكث ِّرياشوماشي ِّ شاَّلل ِّشّب يذاشمثياًششي اس ِّق يش ْي ً يي ء ً يي شما يذاشف يير ياد َّ ي ي ينش يك يفرواءشفييي قولو ين ي الذ ي Indeed, Allah is not timid to present an example - that of a mosquito or what is smaller than it. And those who have believed know that it is the truth from their Lord. But as for those who disbelieve, they say, "What did Allah intend by this as an example?" He misleads many thereby and guides many thereby. And He misleads not except the defiantly disobedient.48
ِّ ِّ ض ي ِّ مشم ِّ اشِفشاأل ءير ِّ شَسي ياوات يشوه يوشب ِّك شَ ءْ ٍش َّ يشخلي يقشليك َّ شاستي يوىشإ ِّ يَل شسءب يع ي شل ي ه يوشالَّذ ي شَج ًيعاشُثَّ ء شالس يما ٍشفي يس َّواه َّن ي يعل ِّيمش 46
SËrah al-Baqarah:19 SËrah al-Baqarah:22 48 SËrah al-Baqarah:26 47
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It is He who created for you all of that which is on the earth. Then He directed Himself to the heaven, [His being above all creation], and made them seven heavens, and He is Knowing of all things.49
ِّ ِّ اشريزقء نياك ءم يشويمشاشظيليمو يَّن يشولي ِّكنش يكانواءش َّ اشعليءيكمشالء يم َّن يشو ينزلءني ي يوظيلَّءلني ي اشعليءيكمشالءغي يم يام يشوف ي الس ءل يوىشكلواءشمنشطيي ِّبيات ي شم ي فينف يسه ءمشييظءل ِّمو يشن And We shaded you with clouds and sent down to you manna and quails, [saying], "Eat from the good things with which We have provided you." And they wronged Us not - but they were [only] wronging themselves.50
ِّ مشمنشب ع ِّدشذيل ِّ يَد ُّشقيسوةًشوإ ِّ َّن ِّ ُثَّشقيستشق لوبك ِّ ِّ كشفي ِّهْش يك ء شاْل ِّ يج يارة ِّشلي يماشييشتي يف َّجر ِّشمءنهشاأل ءيِنيار يشوإ ِّ َّنش ششم ين ء ي ي ء يء اْل يج يارةشف ءيوشف ي ء ي ي ي ِّ َّ شاَّلل ِّشوم ِّ ِّ ِّ ِّ ِّ ششع َّماشتي ءع يملو يشن اشاَّللشب ِّغيافشل ي ا ٍشوإ ِّ َّنشمءن يهاشلي يماشيي ءهب ِّطشم ءن ي شخ ءشيية َّ ي ي مءن يهاشلي يماشييشَّقَّقشفييي ءخرجشمءنهشالء يم ي Then your hearts became hardened after that, being like stones or even harder. For indeed, there are stones from which rivers burst forth, and there are some of them that split open and water comes out, and there are some of them that fall down for fear of Allah. And Allah is not unaware of what you do.51
ِّ اعتي ِّزلواءشالن ِّس ِّ ا ٍشِفشالء يم ِّح ِّ شع ِّنشالء يم ِّح َّتشييطءهءشر ينششفي ِِّ يذاشتيطي َّه ءر ينش يضشق ءلشه يوشفي ًذىشفي ء يويي ءسأيلوني ي ك ي يض يشواليشتي ءقيربوه َّن ي ي شي َّي ِّ شاَّلل ِّ َّ فيأءتوه َّن ِّشمنشيءيثشفيمركم بشالءمتيطي ِّه ِّر يش ين ُّ ْي يشو ُِّي ُّ شُي بشالت ََّّواب ِّ ي شاَّللشإ َّن َّي ء ي يي And they ask you about menstruation. Say, "It is harm, so keep away from wives during menstruation. And do not approach them until they are pure. And when they have purified themselves, then come to them from where Allah has ordained for you. Indeed, Allah loves those who are constantly repentant and loves those who purify themselves."52
49
SËrah al-Baqarah:29 SËrah al-Baqarah:57 51 SËrah al-Baqarah:74 52 SËrah al-Baqarah:222 50
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ِّ َّ ات ِّ ومثيلشالَّ ِّذينشي ِّنفقو ينشفيموا يَلمشابت ِّغيا ٍشمرض ِّ ِّ اشمنشفينف ِّس ِّهمش يكمثي ِّل تش اشواب ِّلشفيآتي ء ء ي ء يء ي شوةشف ي ء ي ي شاَّلل يشوتيثءب ِّيتً ء يي يص ياّبي ي ي شجنَّةشبيربء ي ِّ اَّلل ِّشِبياشتيعملو ينشب ِّ َّ ِِّ ْيشفي ِّ فكليه ِّ اشض ءع يف ء صريش َّ اشواب ِّلشفيطيلٌّ يشو ي ءي ي نشَلءشيصءب يه ي And the example of those who spend their wealth seeking means to the approval of Allah and assuring [reward for] themselves is like a garden on high ground which is hit by a downpour - so it yields its fruits in double. And [even] if it is not hit by a downpour, then a drizzle [is sufficient]. And Allah, of what you do, is eying.53
For instance, the first verse he interpreted from SËrah al-Baqarah is related to weather where Allah (SWT) mentioned some natural phenomena like rainstorm, thunder and lightning. To interpret the verse he came up with a detailed discussion on cyclones and defined it saying that a cyclone is a large scale air mass that rotates around a strong center of low pressure. It is usually described by inward spiraling winds that rotate counterclockwise in the northern hemisphere and clockwise in the southern. All large scale cyclones are centered on areas of low atmospheric pressure. The largest low-pressure systems are cold-core polar cyclones and tropical cyclones of the largest scale.54 In addition, he discussed hurricanes, typhoons and tornados to help readers understand the interpretation better. To interpret this verse it was required to visualize how thunder and rain storms form and work. Zaghloul Naggar provided here all the necessary facts and information related to rain storms, thunder and lightning successfully. Setting an Outline of Each SËrah At the very outset of every sËrah in his TafsÊr he provided a brief outline of all the natural phenomena and scientific indications that existed in the sËrah. He named this point (Min al-ÓyÉt
53 54
SËrah al-Baqarah:265 J. NajjÉr, TafsÊr TafsÊr al-AyÉt al-Kawniyyah, Op. cit., Vol. 1, PP. 64-68.
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al-Kawniyyah fÊ SËrah ….) Universal or Cosmic signs of SËrah …. For example, at the beginning of SËrah Ól ‘ImrÉn he mentioned nine indications which are given below. An indication that Allah formed the structure of creations in their mothers’ wombs as He wishes. Rotation of this earth on its axis around the sun makes the night enter into the day and makes the day enter into the night. A metaphorical example of bringing the living out from the dead and bringing the dead out from the living. The creation of Adam and Jesus from soil by the divine command Kun fayakËn (be and it was). The very first house of Makkah is full of blessings and guidance for the whole world. To Allah belongs the kingdoms of heavens and earth and whatever is in between everything shall return to Him. Everyone shall taste death and there is no way to flee from it. Healing a depression by a new depression to reduce its pain. In the creation of the heavens and the earth, and in the alternation of night and day, there are some strong signs of the existence of God for the people of wisdom.55 As a scientist, Zaghloul Naggar has given priority to cosmic signs of the Qur´Énic verses he interpreted. He carefully determined their importance and avoided any theological disputes or controversy. For example, his view about the creation of Adam and Jesus with the commanding word of Allah (kun fayakËn). This kind of creation is extra-ordinary; Zaghloul Naggar did not explain the issue from a theological perspective rather he provided further scientific explanation how this kind of creation is possible. He argued that the genetic code of human chromosome remain in existence across generations. Thus, billions of people have passed away, billions of
55
Ibid. Vol. 1, P. 129.
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people are living now and billions of people to come with all of their genetic portion ending with their first ancestors Adam and Eve. As it is proven Jesus got the genetic portion of his first ancestor Adam and Adam was created from soil. Likewise, Prophet Jesus also had a portion of soil. In this way, Naggar established this extraordinary fact through practical science.56 Emphasis on Linguistic Meaning Literal meaning is a very important fact for a comprehensive understanding of any verse of the Holy Qur´Én. For this reason, whoever interprets the Holy Qur´Én both in early as well as contemporary time, gives great importance to the literal meaning of certain Qur´Énic verses; especially ones that have various meanings when used in different contexts. Zaghloul Naggar also gave special emphasis on the literal meaning of the verses that require further explanation. When he interpreted the verse:
ِّ ِّ تشوُمءر ِّجشالءمي ِّ ِّ ِّ بشوالنَّوىشُيءر ِّج ء ِّ شاَّلليشفيال ِّق ء يَّنشت ءؤفيكو ينش َّ شاَّللششفيأ ت ِّشم ين ء َّ شاْلي ِّْشذيل ِّكم َّ إ ِّ َّن ي شاْلي َّْشم ينشالء يمي ي شاْلي ي ي Verily! It is Allah Who causes the seed-grain and the fruit-stone (like date-stone, etc.) to split and sprout. He brings forth the living from the dead, and it is He Who brings forth the dead from the living. Such is Allah, then how are you deluded away from the truth?57
He elaborated the literal meaning of grains/seeds (al-×abb) and fruit stone (al-NawÉ) in a descriptive manner. He discussed the literal usage of all types of grains and seeds found in the Arab world, like wheat, corn, oat, bean, fenugreek, lentil, lupine and the like. Likewise, to explain the types of fruit stone, he talked about dates, apricots, plums, peaches and olives.58
56
Ibid. Vol. 1, P. 146. SËrah al-An‘Ém 6: 95. 58 Ibid, Vol. 1, P. 223. 57
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He quoted literal explanation from both classical as well as modern tafsÊrs simultaneously. For example, when he interpreted this verse:
ِّ ً احشوجعلشاللَّيلشس يكناشوالشَّمسشوالء يقمرشيسب ِّ فيال ِّق كشتي ءق ِّديرشالء يع ِّز ِّيزشالء يعل ِّ ِّيمش اَّنش يذل ي شاإل ء صبي ِّ ي ي ي ي ء ي ي ً ي ء ي ي ي ي ء ي (He is the) Cleaver of the daybreak. He has appointed the night for resting, and the sun and the moon for reckoning. Such is the measuring of the All-Mighty, the All-Knowing.59 He quoted Øafwah al-tafÉsÊr and al-Muntakhab fÊ tafsÊr al-Qur´Én al-KarÊm from the modern side and al-ÙabarÊ from the classical side. In al-Muntakhab, it is mentioned that fÉliq al-iÎbÉÍ means the one who splits out the darkness of night by the light of day and in Øafwah al-tafÉsÊr the meaning is described as the beginner of light. On the other hand, in al-ÙabarÊ, a classical tafsÊr says that fÉliq al-iÎbÉÍ provides the meaning of the one who brings out the pillar of morning from the dimness of night.60
More Reliance on Latest Scientific Discoveries Zaghloul Naggar used the most recent scientific information in every single verse that he interpreted in his TafsÊr book TafsÊr al-AyÉt al-Kawniyyah. When he interpreted the verse:
ِّ ُّ شالسما ٍشما ٍشفيأيخرجناشب ِّ ِّه يشَثيرات ِّ شاَّللشف ُّ شاْل ِّبي ِّالششج يددشب ِّيض يشوُحءر َّ فييَلءشتي يرشف شُمءتيل ِّفش اشو ِّم ين ء ين َّي ي شُمءتيل ًفاشفيلء يواِني ي ينزيلشم ين َّ ي ي ء ي ء ي ي اشو يغيراب ِّيبشسودش فيلء يواِني ي See you not that Allah sends down water (rain) from the sky, and We produce therewith fruits of varying colours, and among the mountains are streaks white and red, of varying colours and (others) very black,61 he said the Holy Qur´Én provides advanced information on the biological aspects of mountains and their colorful diversity. It was recently shown that there is a continuous change in the mountains’ colors due to the rain that falls on it. Some scientists have even said that the change in the color of rocks in mountains is
SËrah al-An‘Ém 6: 96. J. NajjÉr, TafsÊr TafsÊr al-AyÉt al-Kawniyyah, Op. cit., Vol. 1. P. 231. 61 SËrah FÉtir 35: 27. 59 60
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due to the nature of rain and the rocks’ interaction with this rain. The colors of mountains are also affected by the surrounding environment, temperature and weather conditions surrounding these mountains. We could not see these changes immediately because they occur at intervals ranging from thousands of years to millions of years.62
Furthermore:
ِّ شَنن ء ْي يعليى فين ُّبي ِّد يلشف ءيمثياليك ءمش اشَنن ِّشِبي ءسبوق ِّ يش مشماشُتءنو يشن فيفينت ءم ي َّ فيفي يرفييءت ت يشويم يء شَتءلقونيهشف ءيم يء شاْليالقو يشن يءَننشقيد ءَّريَّنشبيءي نيكمشالء يم ءو ي ِّ وَلشفيلي ءوالشتي يذ َّكرو يشن شعل ِّ ءمتمشالنَّ ءشأييةشاأل يش شماشالشتي ءعليمو يشن يولييق ءد ي يوننشئيك ءم ِّشِف ي Have you seen that which you emit? Is it you who creates it, or are We the Creator? We have decreed death among you, and We are not to be outdone. In that We will change your likenesses and produce you in that [form] which you do not know. And you have already known the first creation, so will you not remember?,63 To interpret the phrase mÉ tumnËn, he explained the issue of human creation from the very root level like DNA, chromosome, cell, etc. He further discussed human genetic coding elaborately which is a set of rules by which information encoded within genetic material DNA or MRNA sequences is translated into proteins by living cells. Biological decoding is accomplished by the ribosome, which links amino acids in an order specified by RNA, using transfer RNA (tRNA) molecules to carry amino acids and to read the mRNA three nucleotides at a time. The genetic code is highly similar across all organisms and can be expressed in a simple table with 64 entries. The code defines how sequences of these nucleotide triplets, called codons, specify which amino
62 63
Ibid, Vol. 3, PP. 119-117. SËrah al-WÉqi‘ah 56: 58-62.
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acid will be added next during protein synthesis. For example, protein synthesis in human mitochondria relies on a genetic code that differs from the standard genetic code.64 In the same SËrah when he interpreted the verse
ِّ شَننشالءم ِّنزلو ينش ينزلءتموه ِّشم ينشالءم ءز ِّنشف ءيم يء فيفي يرفييءتمشالء يما ٍشالَّذيشتي ءشيربو يشن فيفينت ءمشف ي And have you seen the water that you drink? Is it you who brought it down from the clouds, or is it We who bring it down?,65 he explained in detail about how the clouds form and prepare to drop rain based on modern scientific theory. He mentioned that clouds form when water vapor rises into the atmosphere and condenses onto microscopic particles, such as dust, dirt and sea salt. When the sun heats water in the oceans, rivers, lakes and other sources, some of it evaporates, or transforms from liquid to water vapor. Through this process, raindrops begin forming when water vapor condenses on micrometer-sized particles of dust floating in the atmosphere. The dust particles grow to millimeter-sized droplets, which are heavy enough to begin falling. As they fall, the droplets accumulate more and more moisture, until they become the large raindrops that we see here on the ground.66 Use of Latest Scientific Figures: Almost one fifth of his TafsÊr is captured by several related pictures and other photography. As a meticulous scientist, he had the opportunity to collect the most recent as well as current scientific images and photography. A large number of the latest scientific images, diagrams, geographical maps, equations and tables are used to make the interpretations vivid and clear. For instance, he
64
Ibid, Vol. 4, PP. 82-85. SËrah al-WÉqi‘ah: 68-69. 66 Ibid, Vol. 4, PP. 101-108. 65
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provided some scientific images of the solar system, the galaxy’s Milky Way,67 diagrams of water cycle,68geographical maps that show Persian Gulf and Gulf of Oman,69 some mathematical equations on Dead Sea the prove that it is the lowest territory of the earth,70 a table demonstrating the major elements of the earth,71 historical images of people of caves,72 images of various animals73 and plants,74 a bar chart on violence or harshness of animal sound, 75 a flow chart on DNA replication76 and many more. Additionally, he used numerous English terminology and English translation of Arabic words in his TafsÊr flanked between two brackets.77
COMPARISON BETWEEN THE METHODOLOGIES OF BOTH SCHOLARS Based on the analysis of the methodologies of both scholars, it is observed that the interpretation of Zaghloul Naggar is more precise and more relevant to practical science than the interpretation of Tantawi Jawhari. However, it is observed that there are some similarities as well as differences found in their commentaries. For example, special attributes of Jawhari in his tafsÊr is using some terms which are not found in Naggar’s commentary i.e. MaqÎad (main objective), LaÏÊfah, Jawharah (essential being), ×ikÉyah (story), ‘AjÉ´ib, GharÉ´ib and MasÉ´il (issues) and so forth. On the other hand, Naggar used a special term namely al-KashÉf (searchlight index) so that reader
67
Ibid, Vol. 2, P. 117. Ibid, Vol. 2, P. 340. 69 Ibid, Vol. 4, P. 63. 70 Ibid, Vol. 2, P. 428. 71 Ibid, Vol. 4, P. 147. 72 Ibid, Vol. 2, PP. 56-57. 73 Ibid, Vol. 2, PP. 318-319. 74 Ibid, Vol. 3, PP. 332-333, 370-372. 75 Ibid, Vol. 2, P. 502. 76 Ibid, Vol. 3, P. 454. 77 Ibid. Vol. 1, P. 184, Vol. 2, PP. 270-271. 68
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find their chosen topic easily from his tafsÊr book. Besides, sometimes he raised questions and provided the answers by his own to make the discussion clear. Jawhari’s tafsÊr consists of 25 volumes which include interpretation of all verses but Naggar’s tafsÊr is only of 4 volumes that focussed on selected verses that contains scientific indications. Furthermore, Jawhari did not refer classical tafsÊr where Naggar did. Most of the pieces of information are shared in Jawhari’s commentary are borrowed from other sources. On the contrariy, Naggar conducted empirical research by himself because he was a geologist by profession. Quotations from magazine, newspapers and poems are numerous in Jawhari’s interpretation but hardly we could find these quotations in Naggar’s interpretation. Additionally, Graphical usage of Naggar is greater than Jawhari in interpretation. Usage of various image, diagrams, geographical maps and table and dependence on modern scientific research, invention and discoveris are common in both of Jawhari and Naggar. In addition, Both specially focused on the verses contain natural phenomena and scientific indication for instance embryology, geology, astronomy, big bang theory, sea science, human phycology, biological aspects of mountains, expantion of the universe and the rest. As it is known that, Zaghloul Naggar is a geologist in profession; he studied as well as worked in Western universities; conducted several scientific researches throughout the world and wrote on several scientific miracles of the Holy Qur´Én and Sunnah. His academic background is entirely science related and he kept this specialization in his future career. Besides, he memorized the Holy Qur´Én at a very early age and received primary religious knowledge from his family. Later on, he became influenced by Islamic Brotherhood in Egypt and personally studied and did research on the Holy Qur´Én and Sunnah. This combination of scientific as well as Islamic
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knowledge background of Zaghloul Naggar helped him to write on issues of scientific indications of the Holy Qur´Én and eventually to write his tafsÊr, TafsÊr al-AyÉt al-Kawniyyah. That is why his interpretation is to the point as well as more scientific than Tantawi Jawhari’s interpretation. The only shortcoming noticed by the researchers is that sometimes he repeated the same discussion in more than one verses. Most probably, he repeated in order to make the discussion clearer and he thought that this repetition is needed to provide a better idea of the issue. Furthermore, according to the researchers, the tafsÊr of Zaghloul Naggar namely “tafsÊr al-ÉyÉt al-kawniyyah” is a vast collection of scientific information which is helpful to those who have science background or medical background. The general seekers of knowledge might face difficulties in understanding some scientific terms and explanations. Conversely, Tantawi Jawhari was a classical Islamic scholar and academically, he was not an expert on scientific issues. All he gathered in his interpretation are references, quotations through his reading of books, magazines, scientific booklets and newspapers. It is true that he had a great curious mind to know and learn these scientific issues from a very young age but he was not a specialist like Zaghloul Naggar. He compiled in his interpretation the verses on human embryology with different kinds of information and mixed one discussion with another without maintaining a proper sequence and coordination. At times, he wrote on some issues in a detailed manner but they had no connection and link with the interpretation of the verse. Instead of focusing on core interpretations of the scientific verses, he placed his efforts on explaining additional information and prolonging those additional discussion whether it seems vital or not. Besides, as we know that science is an ongoing process of progress and advancement, Tantawi Jawhari did not get the latest information like Zaghloul Naggar did because Zaghloul Naggar still lives in this modern world. Moreover, science is progressing with new developments in every
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single moment. Consequently, Tantawi Jawhari interpreted the verses based on his knowledge and the scientific developments of his time. At times, he stated some peculiar explanations in his tafsÊr, which have no apparent relations with religion or science. That is why some of his interpretations seemed superficial or incompatible to the interpretation of Zaghloul Naggar. Actually, his TafsÊr book can be named as a big collection or encyclopedia of several branches of Islamic knowledge instead of a proper Scientific TafsÊr, although this new field or domain of Qur´Énic interpretation was pioneered by him. CONCLUSION In a nutshell, it can be asserted that Tantawi Jawhari interpreted all the sËrahs and all the verses of the Holy Qur´Én in his tafsÊr. On the contrary, Zaghloul Naggar did not interpret all sËrahs and verses like Jawhari. He interpreted the verses that contain scientific indications. Although both of them tried their best to interpret the verses of the Holy Qur´Én from a scientific angle, it has been observed that the approach of Naggar is more academic and scientific than the approach of Jawhari in their tafsÊr.
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http://www.ikhwanwiki.com/index.php?title=%D8%B2%D8%BA%D9%84%D9%88%D9%84_ %D8%A7%D9%84%D9%86%D8%AC%D8%A7%D8%B1 http://articles.islamweb.net/media/index.php?page=article&lang=A&id=144245 http://bayanelislam.net/Section.aspx?ID=121&Section=%D8%A7%D9%84%D8%B3%D9%8A %D8%B1%D8%A9%20%D8%A7%D9%84%D8%B0%D8%A7%D8%AA%D9%8A%D8%A9 %20%D8%AF.%20%D8%B2%D8%BA%D9%84%D9%88%D9%84%20%D8%A7%D9%84% D9%86%D8%AC%D8%A7%D8%B1 https://www.youtube.com/watch?v=T6newTb5Stw https://www.youtube.com/watch?v=smxkT082PFw http://sunnah.com/
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BUILDING A STRONG UMMAH: MUSLIM WOMEN IN THE TWENTY-FIRST CENTURY Belayet Hossen Department of Qur’an and Sunnah Studies, Kulliyyah of Islamic Revealed Knowledge and Human Sciences International Islamic University Malaysia,
[email protected] Dr. Noor Mohammad Osmani Department of Qur’an and Sunnah Studies, IRKH International Islamic University Malaysia
[email protected] Abstract This paper argues that women are part of society same as men and both male and female are complementary to each other. In Islam, beside male’s role, the role of female is very significant from various dimensions, in order to build a sound and a strong Ummah. For example, a mother can take care of house chores and fulfill her family responsibilities. Similarly, she can contribute in building a dynamic and stronger community striving together along with men. This paper emphasizes that woman can play a crucial role as an ideal mother, ideal wife, ideal educator, ideal doctor and an ideal leader. In addition, this paper presents the example of Khadijah (RA) - the first wife of Prophet Muhammad (pbuh) - who was a successful businesswoman, and on the other hand, Prophet’s youngest wife ‘Ayishah (RA) did not stay back from leading in the battlefield of Camel. During the reign of Caliph Omar (RA), he appointed a woman as an invigilator for the monitoring of a market. Moreover, this paper undoubtedly acknowledges that if Muslim women are fostered properly, they will be able to contribute more in building a strong Muslim community as they did during the time of the Prophet Mohammad (pbuh).
Introduction Women are the equal counterparts of men in human society. Since the inception of human being’s advent on this earth, women continued to strive equally along with men to develop all spheres of human life from domestic chores to state affairs. In Islam, there is no way to treat women as omen or signs of bad luck as anti-Islamic forces try to portray. Islam granted the most respectful and dignified position to women in this world which could hardly be found in other faiths and ideologies. Allah (s.w.t.) informed humanity that as you protect your bodies from harmful things and get comfort by wearing clothes; similarly, men and women are garments to each other. He says: They are a garment for you and you are a garment for them (Al Qur’an 2:187). In case of education, both are equally commanded by the Almighty Allah (s.w.t.) to gain knowledge. Without having proper knowledge concerning Him, no one can precisely recognize the greatness and everlasting power of Allah (s.w.t.) as He has created both at a time for the same purpose. Firstly, the obligatory duty upon both is gaining knowledge and knowing the Creator of this earth and whole universe. Allah (swt) says: “Read! In the name of your Lord Who has created (all that exist). He has created man from a clot (a piece of thick coagulated blood). Read! And your Lord is the most generous. Who has taught (the writing) by the pen? He has taught man that which he knew not (Al-Qur’an 96:5)”. In another verse where He states that those are not equal who know and who do not know. Such as: “Are those who know equal to those who do not know?" Only they will remember [who are]
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people of understanding (39:9)”. In addition, Prophet Muhammad (pbuh) insisted on having knowledge in his hadith such as, he said: “Seeking knowledge is a duty upon every Muslim, and he who imparts knowledge to those who do not deserve it, is like one who puts a necklace of jewels, pearls and gold around the neck of swine (Sunan Ibn Majah, Vol. 1, Book 1, Hadith 224)”. This is about education. On the other hand, if we look at the early history of Islam it is seen that women companions of Prophet Muhammad (pbuh) were ahead in attaining knowledge as much as they were very active in other fields. For example, in battlefield, the role of Nusaybah (may Allah be pleased with her) was remarkable, who remained as a source of inspiration for entire Muslim women for all generations. Equally important is that a woman was appointed as an invigilator of market during the reign of Caliph ‘Umar (may Allah be pleased with him). Likewise, they nursed the wounded mujahideen [warriors] who were injured in the different warfares at that time. Therefore, the main purpose of this research is to prepare Muslim women in order to build a strong Ummah challenging all kinds of hindrances of Twenty-first century.
The Duties of a Mother Before building a strong Ummah, forming a strong family is very significant, similarly for a strong family, a well-educated woman is inevitable in this case. However, when a woman comes in family as a wife after a passage of time she becomes a mother. She adopts some children for the betterment of her bright future. As a Muslim mother Islam imposes several responsibilities upon her that are needed to be fulfilled towards her children. For an ideal mother, having proper education is much weightier. When a mother is educated her children are also supposed to be educated. In this regard, firstly, mother has to have proper training on how to foster a baby and how to educate and how to prepare it for facing the greater challenge from the Islamic perspective. Only giving to birth a child is never a great thing rather rearing it on the rules and regulations of Islam is the greater responsibility1. After her children are born, the mother should teach them to testify that there is no God but Allah and that is Muhammad is his Messenger. She must pay her utmost attention to teach them the best manners. She should protect her children and safeguard them until they are old enough to live
1
Al Islam. org, (2016). Lesson 2: The Role of the Mother. Retrieved August 20, 2016, from https://www.alislam.org/raising-children-tahera-kassamali/lesson-2-role-mother.
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independently. This is a very important duty for her to carry out since the mother is her children's first teacher2. Once Napoleon said, “If you provide me an educated mother I will provide you an educated nation”. Today there are a lot of educated mother but they are not morally educated, as result, their progeny is never morally trained up. In addition, as Muslim mother, she should have proper idea of Islamic history and knowledge of Quran and Sunnah so that she will be able to nurture and raise children on the trace of Prophet Mohammad (pbuh) and his great companions. The Duties of a Wife to Her Husband In a Muslim society, the role of a wife is very important from various aspects. The first and foremost duty of a wife towards her husband is to understand his good and bad qualities that he cannot avoid easily. It is true that all husbands are not fully free from all kinds of faults. There are maybe some bad habits which are very needed to be removed from him, and consequently, familial life also may be full of peace and tranquility which is very significant in the conjugal life, and as well as for the welfare of offspring. The responsibility of a good and wise wife is to persuade her husband if she sees something unmatchable with Islam within him. If the husband is not regular or constant in rituals, then she should convince him showing the fear of Allah (s.w.t.) and she can discuss before him the discourse of Hellfire and Paradise. On the other hand, there are some wives who are sometimes disobedient to their husband; they do not care their commandment. Such kind behavior prohibited in Islam. Yet Rasool (pbuh) told regarding the respect of husband: No human being is permitted to prostrate to another, but if this were permitted I would have ordered wives to prostrate to their husbands, because of the greatness of the rights they have over them3. In another Hadith, he said: If I were to order anyone to prostrate to anyone else, I would have ordered women to prostrate to their husbands”4. Thus in many ahadith Prophet Mohammad (pbuh) warned the wives in case of
2
Islam Today, (2016). Duties of mother and father towards their children. Retrieved August 21, 2016, from http://en.islamtoday.net/quesshow-18-1029.htm 3 Reported by Ahmad and al-Bazzar; the men of its isnad are rijal al-sahih. See Majma' alZawa'id, 9/4, Bab haqq al-zawj 'ala'l-mar'ah. 4 A hasan sahih hadith, narrated by Tirmidhi, 2/314, in Abwab a-rida', 10.
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carrying out the duties and obedience to husband. Even he said to one woman that your husband is your Paradise and Hellfire: A woman came to ask the Prophet about some matter, and when he had dealt with it, he asked her, “Do you have a husband?” She said, “Yes.” He asked her, “How are you with him?” She said, “I never fall short in my duties, except for that which is beyond me.” He said, “Pay attention to how you treat him, for he is your Paradise and your Hell5. A true intelligent wife treats husband’s parents and family with kindness and respect; she endears herself to him and is keen to please him. She never discloses his secrets to others rather she stands by him and offers advice. Sometimes will encourage him to spend for the sake of Allah and will fill his heart with joy, and make herself beautiful for him. Moreover, she will be cheerful and grateful when she meets him, and she remains tolerant and forgiving to him. Overall, she will be strong in character and also wise. To Be a Best Educator For building a strong Ummah, education is compulsory on Muslim women beside men. Such as Prophet Mohammad (pbuh) said: Seeking knowledge is a duty upon every Muslim, and he who imparts knowledge to those who do not deserve it is like one who puts a necklace of jewels, pearls and gold around the neck of swines6. In this Hadith, Muslim women are also included. In the Holy Quran, Allah (s.w.t.) commands: Read! In the name of your Lord who has created (all that exists). He has created man from clot (a piece of thick coagulated blood). Read! And your Lord is the most generous. Who has taught (the writing) by the pen. He has taught man that which he knew not. (96: 1-5). The Almighty Allah says in another verse: “Say, are those who know and those who do not know equal? Only those possessed of reason will remember”. (39:9).
5
Reported by Ahmad and al-Nisa'i with jayyid isnads, and by al-Hakim, who said that its isnad was sahih. See al-Mundhiri, Al-Targhib wa'l-Tarhib, 3/52, Kitab al-nikah. 6 Sunan Ibn Majah » The Book of the Sunnah - »كتاب المقدمةHadith, English reference : Vol. 1, Book 1, Hadith 224 Arabic reference : Book 1, Hadith 229
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It can be said based on the above-mentioned verses and Hadith that acquiring knowledge is an obligatory worship upon every Muslim man and woman, this is because only those people fear the Almighty Allah alone who have knowledge about Him, such as He says: “Likewise, human beings, animals, and livestock come in various colors. From among His servants, the learned fear God. God is Almighty, Oft-Forgiving”. (35:28). From these indications, it is understood that Muslim women should be a best educator for the betterment of Ummah. Today in the Muslim world the number of best women educator is very few compared to men. Western civilization demands that they are citizens of the first world countries and Muslim world is still under the third world or developing countries. This has been possible by educating their women beside men. In Islam, there is no any single verse of the Quran or any single Hadith of Prophet Mohammad (pbuh) depicts that Muslim women should not be much more educated. The Quran and Hadith indicate that without properly educating Muslim women, a strong and stable society can never be formed. During the period of Prophet Mohammad (pbuh) women companions are used to be gathered in his delivering speech. It is well known to all that among women ‘Aisha (RA) was the greatest narrator of Prophet’s saying, and as well as she was also a great Islamic scholar also at that time. Roded writes that “Aisha is the most prominent female transmitter among the Companions” (Roded 1994: 29). Indeed, many traditions have their roots in ʿĀ’isha’s narrations. ʿĀ’isha taught in her own house, as well as in the houses of others in Basrah (Nadwi 2007: 177). She narrated 2210 ḥadīths (ibid. 248).See (Spellberg 1993) for an entire book devoted to Aisha.7. In this 21st century Muslim women are required to learn Quran and Sunnah along with other subjects, and as well as the glorious history of Islam also. Besides it required that they have to be much more aware of the misrepresented issues by non-Muslims regarding so-called women rights and they have to achieve global knowledge in order to differentiate between Islam and other doctrines so that they can counteract and defend Islam. To Be a Best Social Worker and Duties Muslim women should never be kept out of social works in society. They can contribute to society and Ummah a lot from different directions which can be assistant to socio-economic and cultural development of a country. During the period of Prophet Mohammad (pbuh), the role of Muslim women was very remarkable. Their participation was every sphere of life. From battlefield to Sarah Grey, WOMEN’S ROLES AS TEACHERS, LEADERS, AND CONTRIBUTORS TO THE WAQF IN DAMASCUS, Research report for Julia Meltzer, September 2010, p. 14. 7
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domestic chores, in every sector, they played very crucial role. For challenging the obstacles of twenty-first century Muslim women should be trained upon various grounds. Firstly, the welleducated and skilled women should come forward to provide training and educate the illiterate women of society who cannot bring any welfare for societies rather are burdened to it. There are some women who are passing their time in laziness and do not know how to contribute to society and to the state. Equally important is that those women are not proper knowledgeable about the fundamental rules of Islam and cannot differentiate between Islam and Jahiliyyah; such kind women also should be trained up. They should be informed about their responsibilities towards society so that they can again facilitate others needy and helpless people. The suggested grounds which are preferable to be engaged are adult education, Dawa campaign to inactive and nonMuslims, ‘Ibada campaign, helping the needy people of society, making aware people about various types of diseases, Quran and different daily necessary religious Mas’alas teaching, keeping houses and clothes neat and clean and many more crucial grounds which are must be done for the well-being of society and state. To Be a Best Leader of Community and Duties Beside men, women also have rights to be leaders in a Muslim society. In this age of globalization, a lot of Muslim women are taking part in politics and other leading sectors of a country around the world; it is not only in the Muslim countries but also beyond it. Muslim women, they have also much potential to contribute in leadership. Women have access to reach to the highest administrative position in the society .and take the people’s responsibility in two areas: leadership and prophecy. In other word, if women’s potential talents bring up and cultivate properly, she can achieve such an excellent position that Quran and Bible approve that by introduce some historical examples8. If we look at the beginning history of Islam, we see that Muslim women also led in different sectors. Women in early Islam had shown that a woman could become a leader in Muslim society. For example, Khadija (555-623 AD) –May Allah the Exalted by pleased with her-, the first wife of Mohammad (pbuh) was a successful runner her business and ‘Aisha (615-680 AD), the mother
8
Maryam Bakhtyar, Female Leadership in Islam, International Journal of Humanities and Social Science, Vol. 2 No. 17; September 2012, p. 266.
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of believers, who was well-known as an ‘Alima (Islamic religious leader) and was a commander in the battle of came9. In the Holy, Quran women were mentioned as companions of men, and they will together enjoin people to the good deeds and forbid from bad deeds. “And [as for] the believers, both men and women - they are friends and protectors of one another: they [all] enjoin the doing of what is right and forbid the doing of what is wrong." (Qur’an Surah Tauba: 71). To become community leaders Muslim women should firstly study the history of Prophet Mohammad’s prophetic period and history of rightly guided Caliphs of Islam who led the Ummah after the demise of Mohammad (pbuh). Women staying in Islam principles can lead in a Muslim society. The leader of an Islamic state is elected by the people through a process known as bai'ah. Baiah is a contract between the leader and the followers wherein the leader promises to obey Islamic shariah and in exchange, the follower will show their loyalty. It is revealed from Islamic history that Prophet Muhammad (pbuh) received the bai'ah from the people both men and women of that society which can be a great example of women voting rights in politics. The Qur‟an addresses the issue of women giving the bai'ah to Prophet Muhammad in this way10: "O Prophet! Whenever believing women come unto thee to pledge their allegiance to thee...then accept their pledge of allegiance." (Qur’an Surah al Mumtahana: 12). It is perceived from the above-mentioned verses that Muslim women also can be leaders in society. But in this regard, the top position of a state should not be handed over them. They can take in other sectors, such as head of any institution, Business Company, and so on according to their skill. To Be a Best Doctor and Duties With huge determination, it can be said that in the earlier history of Islam, Muslims played very significant role in medicine whereas other parts of the world were in deep darkness of ignorance. Self during the period of Prophet Muhammad (s.a.w.), there was female doctors who would tend the injured in battlefield, one of them is Al shifa binte Abdullah whose treatment methodology was recognized by Prophet (s.a.w.) and he ordered her to teach other female companions:
9
Arif Rohman, WOMEN AND LEADERSHIP IN ISLAM: A CASE STUDY IN INDONESIA, The International Journal of Social Science, 30th October 2013, Volum-16, No-1, p.46. 10 Rokeya Sultana, Women Empowerment in Bangladesh from Islamic Perspective, IOSR Journal Of Humanities And Social Science (IOSR-JHSS) Volume 20, Issue 12, Ver. I (Dec. 2015) PP 51-59.
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The companion Al-Shifa bint Abduallah al Qurashiyah al-'Adawiyah had a strong presence in early Muslim history as she was one of the wise women of that time. She was literate at a time of illiteracy. She was involved in public administration and skilled in medicine. Her real name was Laila, however, "al-Shifa", which means "the healing", is partly derived from her profession as a nurse and medical practitioner. Al-Shifa used to use a preventative treatment against ant bites and the Prophet approved of her method and requested her to train other Muslim women11. At the reign of Caliph Omar (may Allah be pleased with him), the first hospital and medical school were established. In present day Western Persia, the site is marked by the ruins of Shahbad near the city of Ahwaz. The town was taken by Muslims during the caliphate of Hadrat Umar, by Abu Musa Al-Ashari in (17AH/738AD). At this time it already had a well-established Hospital and Medical Schoo12l. The great physicians and translators whose contributions and sacrifices enriched the Islamic medicine and its history for centuries, they are Ibn Nafis, al Hajjaj ibn Yusuf ibn Matar, Muhammad ibn Musa al-Khawarizimi, Ibn Khaldun, Musa ibn Shakir’s three sons (Muhammad, Ahmad and al Hasan), Muhammad ibn Musa, Two sons of Thabit ibn Qurra (Sinan and Ibrahim), Hunain ibn Ishaq, Qusta ibn Luqa and after them renowned physician, philosopher and great thinker Ibn Sina and like this many more whose dedication is never forgettable. Exploring the whole history of Islam, it is found that the contribution of Muslim women in medicine is very few, sometimes not available. On the other hand, in the Western world, the number of women physicians and medical doctors is abundantly noticeable. Beside the male doctor women are also headed much which is not visible equally in the Muslim world. If the Muslim world desires to be enlisted in the list of first world countries, they must come forward making Muslim women doctors and physicians as much as possible. It importantly has to say that in a Muslim society most of the time, male doctors lead many operations of women’s disease. It is from one side as opposite of
11
Foundation for Science, Technology and Civilization. Women's Contribution to Classical Islamic Civilization: Science, Medicine and Politics. (2016). Salim Al-Hassani. Retrieved 10 September, 2016, from http://www.muslimheritage.com/article/womens-contribution-classical-islamic-civilisation-sciencemedici. 12
Husain F. NAGAMIA, Islamic Medicine History and Current Practice, Chairman International Institute of Islamic Medicine, Clinical Assistant Prof. of Surgery, University of South Florida Medical School, Tempa Florida. Chief, Division of Cardio-vascular and Thoracic Surgery, Tampa General Hospital, Tempa Florida USA. P.21.
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Islamic norms and similarly women patents also do not feel comfortable and ease from different aspects. Furthermore, the duties of Muslim women being medical doctors are providing free treatment to the needy and rootless people of society, and they will make more aware general people particularly women about various types of diseases that may cause severe malaise in their life. In addition, they will console patients with spiritual speech of Islam during treatment lest they become impatient, and at the time of operation, they will conduct it based on Islamic rules and regulations having full dependency on Allah the Exalted and for His sake alone. To Be a Dynamic Warrior or army and Duties Jihad is one of the most salient Ibadaat of Islam which is regarded as the main protector and guarder of Islam for being prevailed on this earth. Islam will last in this world as long as Jihad will remain among its followers. For instance, Prophet Mohammad (pbuh) said: And jihad will be performed continuously since the day Allah sent me as a prophet until the day the last member of my community will fight with the Dajjal (Antichrist). The tyranny of any tyrant and the justice of any just (ruler) will not invalidate it. One must have faith in Divine decree13. In this modern time, some miscreants think that Jihaad is like terrorism or extremism which creates chaos and anarchy on earth. In the previous glorious history of Islam no one can show that Islam instigated terrorism or other similar activities, rather Islam came to this globe to remove all kinds of turmoil and mischief that hinder peace building of humanity. Every Jihad of Islam was defensive; no one can strongly demand that it was aggressive. When enemies come to attack Islam, the responsibility of Muslims is to defend it not to attack first. According to the demand of time, Muslims are not fully prepared for Jihad for, this time, everywhere they face stagnant and unmanagement. Yet Allah the Exalted is commanding the believers to take perfect preparation from earlier:
13
: Sunan Abi Dawud 2532 Reference In-book reference : Book 15, Hadith 56 English translation : Book 14, Hadith 2526
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And make ready against them all you can of power, including steeds of war (tanks, planes, missiles, artillery) to threaten thereby the enemy of Allah and your enemy, and others beside them whom you may not know (but) whom Allah does know. (8:60). In the early history of Islam, it is observed that women companions of Prophet Mohammad (pbuh) participated in Jihad and played pertinent role in battlefield along with men companions, and Umm Umarah was one of them whose sacrifice and struggle were remarkable and more memorable than others: Umm 'Umarah was also an Ansariyyah. She was from the famous Banu Najjar tribe. Her two sons had been martyred and her brother 'Abdullah bin Ka'b was a Companion of the Prophet (peace and blessings be upon him) in the Battle of Badr. She was renowned for her courageous exploits in the battlefields. She was a faithful and loyal wife, and a loving mother, and had remarkable patience and forbearance. Also she was very learned in the Quran and Hadith14For Muslim women there are a lot of teachings and lessons from Nusaybah (may Allah be pleased with her) who defended Prophet Mohammad (pbuh) from the spike of infidels in the battlefield of Uhud when he was encircled by non-believer arrow holders from quarters and in the meantime, other companions were busy with the collecting of booty. At this point, Nusaybah went forward, with her sword unsheathed and her bow in her hand, to join the small group who were standing firm with the Prophet, acting as a human shield to protect him from the arrows of the non-believers. Every time danger approached the Prophet she hastened to protect him. Mohammed (pbuh) noticed this and later said, "Wherever I turned, to the left or the right, I saw her fighting for me15. In this age of globalization, Muslim women should have proper training on defensive confrontation and they should keep it mind that the meaning of Jihad is not only fighting or killing someone but also gaining expertness and striving to be determined on Islam and its commandments. To illustrate more, they are required to have appropriate knowledge on Jihad and Kitaal and when the final Jihad will happen and on whom the final Jihad is incumbent; from where there is no chance to flee at all. In the same way, Muslim women can contribute to the warfare providing treatment to the 14
Islam’s women Jewels of Islam, (2016). Umm 'Umarah - Nusaybah bint Ka'b. Retrieved August 15, 2016, from http://www.islamswomen.com/articles/umm_umarah.php 15 The Nuseibeh Articles, (2016). Nusaybah Bint Ka'ab - The First Woman Warrior of Islam. Retrieved August 15, 2016, from http://www.islamswomen.com/articles/umm_umarah.php.
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wounded mujahideen and train up other women on how to save themselves on a hard time and can convince their husbands, children and other respective relatives and neighbors who are living around them. Furthermore, Muslim women have chance to work in defense sector of an Islamic country where all the rules and regulations based on the Quran and Sunnah. Nowadays, so many Muslim countries are allowing Muslim women to be soldier and to work in ensuring safety for its internal security. Such as, Saudi Arabia, Iran, Pakistan, Turkey and so on. On the other hand, the authority here must be alert and provide the highest security for their modesty and oversee lest men and women be mixed which happens in Western and other non-Muslim countries. There it is enormously found that women soldiers are being raped and sexually harassed in different angles by their male superiors. Islam strictly forbids it and ensuring women’s security is one of the leading purposes of Islam. In this regard concerning authority has to utmost try to provide secure atmosphere for women soldiers; otherwise, all leading persons must be sinner. To Be a Best Researcher and an Author In the Muslim world, the number of women researchers and authors are very few compared to the Western world. In the Western civilization men and women both are equally contributing to the development of their countries and they also succeeded much more in worldly aspects, on the other hand, Muslim world is today going ahead very slowly that was mostly stagnant in past. It is undoubtedly true that while Western world was bringing development in every sector of their lives then Muslim world was busy with religious controversial Fatawas and development of own school of thought (Majhab). They wrote thousands of books to strengthen their own Majhab (school of thought) and they did nothing for further development of research and technology rather they decreed fatawas saying bid’a (innovation in religion) against anything new inventing. At this current time, Muslim world is lacking proper textbooks for students to teach in the class, eventually, they are to borrow from Western world or from other nations. If the Muslim world had some women researchers and authors besides men, they would not have gone to others and they would have been advanced in all sectors like today’s Europe and America. At the time they came to the Muslim world to get education when Muslim world was very illuminated from education, innovation and culture. After they have borrowed the light of education from Muslims’ Cordoba, Spain, they could enlighten themselves and could reach pinnacle of education and development.
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Therefore, to challenge the twenty-first century Muslim women have to come forward to contribute in research and writing fundamental textual books to fill up the gaps that today Muslim world lacks. In addition, Muslim women have to emphasize on achieving knowledge about their rights that Islam gave them and they have to differentiate between the rights that Islam gave to women and what other religions gave. They can largely contribute to Islam by writing different types of books on noble, poems, songs and others motivational books that will inspire Muslims and non-Muslims to approach Islam equally. Moreover, they can refute the logics of orientalists who demand that Islam deprived women of their due rights and subdued them making mandatory wearing Hijab, and they can display that only Islam elevated the respect of women while other religions degraded them. To Be a Best Economist and Duties In this modern age, the world economy is gradually running after the Islamic economics and financial systems. This is because conventional capitalistic interest based economic system of the world failed to bring ease and peace of mind in human society. It is fully fragile and extremely failure in case of building a balanced life among people. One of the failures of conventional economic system is rich people are becoming richer and poor are becoming poorer. In society majority people are living under severe poverty. Preparing daily necessaries is very hard for many people. According to the declaration of UN for human rights, every citizen of a country deserves basic rights to live. It is found that some people cannot afford to prepare foods but how do they afford to take education where education is also like a business product? In this regard, Islamic economic system can eradicate this inequality and imbalanced economic system from human society. To illustrate more, in Islamic economic system nobody will be loser rather both poor and rich will get a balance-full life whereof there will be no poor and distressed people, all will have equal and fundamental rights. The Almighty Allah says: ‘And in their wealth, there is a share for the beggar and the deprived’. (51:19). Based on this verse of the Holy Quran, it can be said that Islamic economics came to save and rescue the oppressed and deprived people of society. It particularly cares of poor people’s rights and strives to elevate their life standard. As for having mastering on Islamic economics, the role of Muslim women is very fewer than men until now. In this age of global advancement, Muslim women have a lot of things to do staying in grounds of Islamic environment; they can greater contribute to Islamic economics also. In the universities of Muslim countries, Islamic economics is now taught very well. In an assessment, it is discovered 148
that the number of female students is less than males in Department of economics and it is thought that Muslim women do not need to study economics as this field is not favor of them. In Islamic shariah, it is never forbidden that women will not be able to gain mastery on economics. Women have choices to be everything until it goes against the Shariah law. Women can adopt any occupation or business according to their situation and circumstances, abilities and inclinations. They can seek jobs as well as invest in trade, industry, or agriculture. They can manage and supervise the ventures in which they invest or which they own. They can even create new opportunities for themselves16. It can be suggested that Muslim women should come forward to study and teaching it in universities, and having mastering on it they can be best economist also. In addition, they can write on about it and teach it others women as well. Then Muslim Ummah can get its rapid advancement in economic sector. To Be a Best businesswoman and Duties In Islam, there is no prohibition for Muslim women in doing their business as long as they abide the rules of Islam. It is found that Khadija (may Allah be pleased with her) the first wife of Prophet Mohammad (pbuh) was a successful businesswoman. She is used to lead her business not only in Mecca but also beyond it. Prophet Mohammad (pbuh) assisted her in running business. He got appointment into her business and went to Syria for her business’ purpose. Later on, Khadija (may Allah be pleased with her) spent her all business capital for Prophet’ Islamic mission: “Women in business are not a new phenomenon. Siti Khadijah, the Prophet’s wife is a famous businesswoman herself. With her wealth, she has helped the Prophet in his Islamic mission”17. In the Holy Quran, the entrepreneurship was encouraged for both men and women. The Almighty Allah says: O you who believe! Do not consume each other’s wealth illicitly, but trade by mutual consent. And do not kill yourselves, for God is Merciful towards you (4:29). In a Muslim society, Muslim women are not restricted to go out for business purpose, if they are fully able and there is no fear of being 16
Institute of Policy Studies, Islamabad. (2016). Economic Role of Women the Islamic Approach. Retrieved August 23, 2016, from http://www.ips.org.pk/islamic-thoughts/999-economic-role-of-women-the-islamic-approach . 17 Ilhaamie Abdul Ghani Azmi, The Implementation of Islamic Business Practices of Women Traders: A Study in An Islamic State in a Developing Country, GJAT | DECEMBER 2014 | VOL 4 ISSUE 2, Department of Syariah and Management, Academy of Islamic Studies, University of Malaya, p. 17.
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sexually harassed or Hijab is maintained perfectly then can go out. Business makes women more hard worker and they can spend one portion of their profit for the sake of Allah, and they can help other distressed people of society, and thus they can achieve the satisfaction of Allah the Almighty. Such kind thinking was found by taking interviews from some women:
Khadija (the first wife of the Prophet) is my hero. She was the strongest and the wealthiest merchant and a great support to the Prophet and I strive to be as successful as she was. I always try to do things in the best way possible. I have children and I want them to learn to be good people, to work hard, and to do things in the best way Possible. I always want to improve my business and look for new ways to make it better and stronger...I try to be perfect. I realize that only God is perfect but I seek perfection at everything I do. I want to be the perfect employer and have the perfect business18. In an Islamic state, Muslim women can play very profound role in economic sector joining business. But it is the responsibility of state is that it will create such an environment where there will be no scope of breaking Islamic rules of women. The Islamic government has to provide this safety and conformity. On the other hand, Muslim women will get permission of doing business until they will have proper knowledge about the halal and haram product, and strongly abstain from haram such as selling of pig, swine, alcohol, business of prostitutes and selling and buying all types of materials that support evil deeds in society that are abundantly available in the western world. It is absolutely true that the Western civilization is mostly distorted because of women’s unlimited freedom and hugely they are involved in business, Muslim government strictly has to monitor it, and in need, it will appoint women invigilator in market for monitoring purpose. When this all will be carried out appropriately by the government, there will be no possibility of unethical activities, and state will go ahead gradually in the way of stable development. To Be a Best Islamic scholar and Da’yee The first word of Islam is Read that Mohammad peace be upon him was insisted to utter and he tried over and over but lastly, he could. It means Islam always inspires its followers to gain
18
Hayfaa A. Tlaiss, How Islamic Business Ethics Impact Women Entrepreneurs:Insights from Four Arab Middle Eastern Countries , J Bus Ethics (2015) 129:859–877, 1 June 2013 / Published online: 29 March 2014 , p. 869.
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knowledge. This is because if anybody wills to know the acquaintance of Allah (s.w.t.), he has to study a lot that will assist him to recognize the power and authority of Allah (s.w.t.) over whole universe. In the Holy Quran the Almighty Allah (s.w.t.) announced that only those people fear Him who possesses knowledge: Likewise, human beings, animals, and livestock come in various colors. From among His servants, the learned fear God. God is Almighty, Oft-Forgiving (35:28). Allah (s.w.t.) says in another verse:
Is one who is obedient of Allah, prostrating himself or standing (in prayer) during the hours of the night, fearing the Hereafter and hoping for the mercy of his Lord (like one who disbelieves)? Say: “Are those who know equal to those who know not? It is only men of understanding who will remember (i.e.get a lesson from Allah’s Signs and Verses) (39:9).
How to achieve knowledge and from whom human being should go for knowledge He stated in another verse: And We sent not before you (O Muhammad (pbuh) but men to whom We revealed. So ask the people of the Reminder (Scriptures- the Taurat (Torah), the Injeel (Gospel) if you do not know (21:7). These above-mentioned verses encourage not only men but also equally women. A Muslim society will go ahead when men and women both will have knowledge. In the primary history of Islam, it is immensely noticed that women companions of Prophet Muhammad (pbuh) are used to attend every program where he taught and trained up the companions for the upcoming challenges. It is also found that women companions would go to Prophet Muhammad and asked for special time for them to gain knowledge from: Abu Sayed al-Khudri‚ has narrated that a woman came to God’s Messenger and said, ‘O Messenger of God, the men have taken away your hadith, so make a day for us, when we come to you, and you can teach us what God has taught you.’ The Prophet asserted and taught them what God had taught him19. Thus women companions gained such amount of knowledge from Prophet Muhammad (pbuh) later on, people used to come to them in order to have knowledge and among of them ‘Aisha may Allah be pleased with her was foremost: Hakim Abu ‘Abdillah confirms that
19
Bukhari‚ Sahih, k. al-`Ilm, b. Hal yuj`alu li-l-nis~|‚ yawman `ala hidah.
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one-fourth of the Shariah has been narrated ‘Aisha alone20. Similarly, Umm al Darda as Sughra al Dimashqiyyah became a teacher of Hadith and Fiqh, and taught so many people even in men section: She became a teacher of hadith and fiqh and lectured in the men’s section. One of her students was the caliph of Abdul Malik ibn Marwan21. Therefore, Muslim women also have huge possibility to be best and great Islamic scholars as they contributed during the Prophet (pbuh) and after his demise. For this modern period women can play equal role, they can go to those women who do not have proper knowledge about Islam to teach them methodology of rituals’ performing. Likewise, they can teach schools, colleges and universities as well. That is how Muslim women can play a very crucial role being a Islamic scholar as Zainab al-Ghazali and Maryam Jameelah did in the last century. To Be a Best Scientist and Engineer Islam is a scientific and pragmatic religion where it covers all spheres of human life from cradle to the grave. Besides, it forever motivates its imitators towards innovations and progress and commands people to ponder over other creations of Allah (s.w.t.) around them on earth, and inspires them to use their logics and reasoning in developing their worldly affairs. As He says in Holy Quran: In the creation of the heavens and the earth, and in the alternation of night and day, are signs for people of understanding. Those who remember God while standing, and sitting, and on their sides; and they reflect upon the creation of the heavens and the earth: “Our Lord, you did not create this in vain, glory to You, so protect us from the punishment of the Fire (3:190-191).” According to the verse, it is precisely perceived that Muslims both male and female are commanded to reflect upon the creation of the heavens and the earth. In the early history of Islam, Muslim women’s participation in science and engineering was very fewer than men but currently women are also equally contributing to science and engineering with men whose ratio is more than Western women according to the recent statistics. In Table 1 represents the Women Graduates in Science compared with the Western Women.
Zarkash‚, al-Ij~bah, p. 59. Suleman, Mehrunisha; Rajbee, Afaaf. "The Lost Female Scholars of Islam". Emel magazine. Emel magazine. Retrieved 23 February 2015. 20 21
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Table 1: Women Graduates in Science compared with the Western Women. Women Graduates in Science compared with the Wes22 Bahrain 74% U.S. 43% Women Graduates in Engineering compared with the West Bangladesh 24% Japan 25% Eritrea 4% U.S. 19% Brunei Morocco 25% Japan 13% Darussalam 49 Kyrgyzstan 64% Lebanon 47% Qatar 71% Turkey 44% In the previous study further found that Gender inequity does exist, but it is not relegated to Muslim countries. Some disparaging gender gaps in higher education exist where the religion of Islam isn't even practiced by a majority of the population. For example, only 44% of people enrolled in higher education in Switzerland are women, Guatemala (43%), Rwanda (37%), Korea (36%), Bhutan (34%),
Cambodia
(29%)
and
Liechtenstein
(27%).
On the other side of the coin, in Tunisia, a country where 98% of people practice Islam, there were 5% more female students enrolled than males in higher education. Malaysian women made up 55% of the enrolled population in higher education, Lebanon (54%), Jordan and Libya (51%). Bahrain even exceeded the United States in the ratio of women enrolled in higher education by 6%. If education is freedom, then it looks like Muslim women in Bahrain are more liberated than American-women. In addition, today Arab world is going ahead by educating its women beside men. Let us introduce some Arab women who contributed to modern science today. They are: (1)Professor Bina Shaheen Siddiqui made substantial contributions to medicine and agriculture through her study of indigenous plant materials. She received numerous awards and patents for anticancer constituents and biopesticides; her CV mentions 213 research articles and 77 chapters
22
Mission Islam. (2016). Muslim Women in Science. Re trieved August 22, 2016, from, https://www.missionislam.com/science/mwscience.htm.
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in books. The Pakistan Academy of Sciences elected her as a Fellow, and she has received many prestigious awards, including the Khwarizmi International Award of Iran and the Salam Prize in Chemistry; she co-founded the Third World Organization for Women in Science23. (2) Professor Samira Ibrahim Islam, who has been nominated by UNESCO as a distinguished scientist of the world for the Year 2000, for the significant contributions she made in drug safety through her work on the Saudi profile for drug metabolism. Prof. Islam held academic leadership positions in her country as well as international posts with the World Health Organization. She spent many years working diligently to build the academic infrastructure to support women studying science in higher education in Saudi Arabia. (3) Professor Farkhonda Hassan, now 80 years old but quite active (at least until very recently), is an Egyptian professor of Geology; she worked tirelessly in national and international organizations (including UNESCO and UNDP) to promote issues of Women and Science in this part of the world (served as Vice-President of the Executive Board of the Third World Organization for Women in Science); check out her article, “Islamic Women in Science”, published in Science in 200024. Thus Muslim women are playing immense role in science and engineering across the world. Not pushing back, them, they should be brought in wider space where they can freely contribute to science and engineering that will help Muslim Ummah to reach pinnacle of rocket development, and Ummah will get free forever from poverty and prevailed stagnant. Therefore, every Muslim country is strongly required to encourage their women to achieving mastery on engineering such as Computer engineering, Civil Engineering, Geotechnical Engineering, Environmental Design Engineering, Soils and Geotechnical Engineering, Hydraulics and Hydrology, and marine engineers and many more so that Islamic civilization can again stand raising its head upright on the map of earth and Muslim get back the lost glorious history of Islam that ruled the whole world around more than thousand centuries, and all the tortured and inflicted Muslims re-get its prosper and progress at every sphere of life.
23
Nidhal Guessoum, Muslim Women Scientists Today. Irtiqa. (n.d.). Retrieved August 23, 2016, from www.irtiqablog.com/2011/05/muslim-women-scientists-today.html. 24
Ibid.
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Conclusion Based on the intensive study and holistic assessment, it can be said that if the Muslim world brings forth its women in a wider space and provide them opportunity of study and research on various subjects along with men, and not pushing them behind, then Muslim world can flourish and prosper. If women were neglected and left behind; no nation could desire anticipated development and progress. It is suggested that Muslim world should not think women as burden rather they should be thought precious human assets that will lead Islamic civilization towards the greater development. As a result, Muslim world once again will stand firmly on the surface of earth and lead the whole globe towards the lasting peace and tranquility wherein no single human being will die due to lack of fundamental rights. And the cosmopolitans of earth will get free from tyrants’ oppression, and as well as the entire humanity will come again under the shade of Islam as came during the period of Prophet Muhammad (pbuh) and his rightly-guided Caliphs.
References (1). The Noble Qur‟an English Translation of the meanings and commentary by Dr. Muhammad Taqi-ud-Din al-Hilali and Dr. Muhammad Muhsin Khan, published by King Fahd Complex for the Printing of the Holy Qur‟an Madinah, K.S.A. (2) Sunan Abi Dawud . (3) Sahih Al-Bukhari. (4) Mahmood Ahmad Ghandanfar, Great Women of Islam who were given the good news of Paradise, translated by Jamila Ahmad Qawi, Edited by Muhammad Ayub Sapra, Darussalam Publishers and Distributors, Riyadh, Saudi Arabia. (5) Dr. Sharif Kaf Al-Ghazal, The Origin of Bimaristans (Hospitals) in Islamic Medical History, Foundation for Science, Technology and Civilization, @FSTC Limited, 2007. (6) Shamsudden Umar Ilyas, The Challenges Faced by Muslim Female Education and the Way Forward, Department of Religious Studies, Gombe State University, Nigeria, DOI: 10.7763/IPEDR. 2014. V73. 18. (7) Ilhaamie Abdul Ghani Azmi, The Implementation of Islamic Business Practices of Women
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Traders: A Study in an Islamic State in a Developing Country, Department of Syariah and Management, Academy of Islamic Studies, University of Malaya, 50603 Kuala Lumpur, Malaysia. (8) Hassan Abu Hanieh, Women & Politics From the Perspective of Islamic Movements in Jordan, Hassan M. Abu Haniyeh; translated by Mona Abu Rayyan .- Amman: Friedrich , 2008. (9) Rokeya Sultana, Women Empowerment in Bangladesh from Islamic Perspective, IOSR Journal Of Humanities And Social Science (IOSR-JHSS) Volume 20, Issue 12, Ver. I (Dec. 2015). (10) Dr. Syed Mussawar Hussain Bukhari, Women Empowerment in a Muslim Society: A Practical Observation, INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS, MAY 2013 VOL 5, NO 1. (11) DAVID COOK, Women Fighting in Jihad? Department of Religious Studies Rice University Houston, Texas, USA. (12) Jamal A. Badawi, THE STATUS OF WOMAN IN ISLAM. (13) Dr. (Mrs.) Nasrin, EDUCATION OF MUSLIM WOMEN – A JOURNEY FROM PAST TO PRESENT, International Journal of Management and Social Sciences Research (IJMSSR), Volume 2, No. 1, January 2013. (14)
MUHAMMAD AZAM ROOMI, THE ROLE OF SOCIAL CAPITAL AND HUMAN
CAPITAL IN THE GROWTH OF WOMEN-OWNED ENTERPRISES IN THE UNITED KINGDOM, ROYAL HOLLOWAY UNIVERSITY OF LONDON, 2013. (15) Srilekha Goveas, A Role and Contributions of Women in the Sultanate of Oman. International Journal of Business and Management, Vol. 6, No. 3; March 2011. (16) Nidhal Guessoum, Muslim Women Scientists Today. Irtiqa. (n.d.). Retrieved August 23, 2016, from www.irtiqa-blog.com/2011/05/muslim-women-scientists-today.html. (17) Suleman, Mehrunisha; Rajbee, Afaaf. "The Lost Female Scholars of Islam". Emel magazine. Emel magazine. Retrieved 23 February 2015. (18) Institute of Policy Studies, Islamabad. (2016). Economic Role of Women the Islamic Approach. Retrieved August 23, 2016,
from
economic-role-of-women-the-islamic-approach .
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http://www.ips.org.pk/islamic-thoughts/999-
THE EVOLUTION OF THE MALAYSIAN DIPLOMATIC RELATION WITH WEST ASIA: SPECIAL REFERENCE TO MALAYSIA-QATAR RELATIONS Dr. Lukman Thaib University of Malaya-Malaysia
[email protected] Abstract Malaysia’s foreign policy has traditionally focused on Southeast Asia and its friendS in the West. West Asia was not a priority in its foreign policy despite the long established historical, social, and religious connection between Malaysia and the region. It was not until April 1965 that Malaysia began to develop closer cooperation with members of the Organisation of the Islamic Conference (OIC). The OIC was established with the fundamental purpose of strengthening the solidarity and cooperation among the 59 Members States. Malaysia values its participation within the OIC as part of its foreign policy strategy with other Muslim countries. During the 2003-2007 period, Turkey, Saudi Arabia, and Malaysia were the three largest Muslim majority economies registering significantly larger growth in trade with OIC member countries than with the rest of the world. This paper examines factors shaping Malaysia-West Asia international relations through the perspective of social capital networking with a focus on establishing an “ummah network” between Malaysia and West Asia. Key Words: Malaysia-West Asia diplomatic relation, Malaysia-Qatar relation, ummah network.
Introduction The relationship between Malaysia and countries in West Asia have been evolving in the political, economic, social, as well as cultural fields. Relations have been enhanced through a shared history and religion. Malaysia’s political stability, economic progress, and its image as a progressive Muslim country have attracted the attention of many countries in West Asia to reinforce their relations with Malaysia. In its most basic definition, international relation or foreign policy is the policy of a sovereign state in its interactions with other sovereign states. It is a policy that a nation pursues in its dealings with other nations designed to fulfil its national objectives. Essentially, foreign policy can be defined as goals that a nation seeks to attain abroad, the values that give rise to those objectives, and the means and instruments used to pursue them. A state’s foreign policy is determined by both domestic and external factors, which may change from time to time, thus forcing it to review its foreign policy to ensure that it operates in the best possible conditions to achieve those objectives. Malaysia’s foreign policy towards West Asia has been largely determined by the need to balance the domestic factors and the external demands of international politics. In general, Malaysia has good and stable political relations with countries of the region, not only because of religious affinities and historical connections, but also because of the geographical distance between them, which reduce the possibility of political and strategic interferences. Malaysia’s relations with the region have been fostered through bilateral and
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multilateral means. It has strong bilateral relations with major countries in West Asia such as Saudi Arabia, Egypt, United Arab Emirates, Qatar, Oman, and Iran. Malaysia is also a strong supporter of OIC and has established close rapport with its members. In recent years, the scope and content of Malaysia-West Asia relations have increased both at the official state-to-state level as well as in the private sector level. This has become more visible since the event of September 11, 2001.
The Premise of Malaysia’s Foreign Policy Since Tunku Abdul Rahman Putra al-Haj, Malaysia’s foreign policy has consistently been premised on national interest, pragmatism, and adherence to the to the principles enunciated in the Charter of the United Nations.1 Malaysia’s former Minister of Foreign Affairs, Dato’ Seri Hamid Albar characterised Malaysia’s foreign policy as “principles with rests on the values of humanity, justice and equality” and “recognizes diversity and pluralism which makes up the mosaic of the nation and the international community”.2 Malaysia’s foreign policy has shifted from the staunchly pro-West position in the 1950s and 1960s to a policy of non-alignment in the 1970s beginning with Tun Abdul Razak’s administration. Since then, Malaysia has continued with this foreign policy stance. The coming of Tun Dr. Mahathir Mohamad to power in 1981 brought a significant change in Malaysia’s foreign policy who sought to keep foreign policy under his close control.3 During his period, ASEAN was ranked first, followed by the Islamic countries in second position, and thirdly by the Non-Aligned Movement (NAM). Tun Dr. Mahathir wanted to enhance Malaysia’s role in international affairs through an assertive and active foreign policy, summed up as a foreign policy of “active internationalism”. His successes are seen in the growing recognition accorded to Malaysia by several international organisations by the latter half of the 1980s.4 Tun Dr. Mahathir was an outspoken leader and conducted his diplomacy with a heady mixture of high profile and plain speaking compared with the cautious foreign policies and the discreet ways of previous Malaysian administrations. He was critical of almost everybody-the 1
. Ahmad Mokhtar Selat. 2006. ‘New Directions in Malaysia’s Foreign Policy: From Tunku to Abdullah Badawi’, in Ruhanas Harus (ed.) Malaysia’s Foreign Relations: Issues and Challenges. Kuala Lumpur: University Malaysia Press, p. 7. 2 . Syed Hamid Albar. 2005. Selected Foreign Policy Speeches. Kuala Lumpur: IDFR, p.30. 3 . Khoo Boo Teik. 1995. The Paradoxes of Mahathirism. Kuala Lumpur: Oxford University Press, p.74. 4 . Ibid., p.78. 158
West, the developing countries, as well as his fellow Muslims, although he more often ‘identified Malaysia with other developing countries’. Some contended, “Tun Dr. Mahathir’s diplomacy seemed destined to lose friend if not designed to gain enemies”.5 His critical views on the weaknesses of West Asia did not endear him to the Arab governments, and he was definitely popular among Arab ‘streets’. Since the departure of Tun Dr. Mahathir as PM, Malaysia has adopted a ‘quiet and soft diplomacy’ rather than a combative approach. When he resigned in October 2003, as the new Prime Minister Tun Abdullah Ahmad Badawi, Malaysia’s foreign policy become more measured without losing sight of Malaysia’s national interest. According to him, “a good foreign policy will make other countries comfortable in dealing with Malaysia”.6 Malaysia’s foreign policy should not be a static doctrine…it must always be a dynamic instrument7 while staying true to its principles. Tun Abdullah’s top foreign policy was the East Asia Summit process (EAS), which would eventually lead to an East Asian Community. He also mended relations with Australia which became frosty during Tun Dr. Mahathir’s adminsitration.8 When Tun Abdullah stepped down in April 2009, the premiership was handed over to Dato’ Seri Mohd Najib Tun Abdul Razak who has visited many countries, including ASEAN countries, China, United Arab Emirates (UAE), Qatar, Kuwait and many other countries in West Asia.
The Significance of West Asia West Asia is a theatre in which the struggle for resources and global supremacy continues to be played out. The United States, Europe, China, and Russia have been traditionally interested in West Asia for political, economic, and strategic reasons, particularly its huge energy resources. West Asia and North Africa accounts for 60.4% of global oil and liquid natural gas reserve. 9 It is also strategically and politically crucial to the West, especially to the US because of Israel is in the
5
. Ibid., p.79. . Mokhtar Selat, New Direction in Malaysia Foreign Policy, op.cit., p.24. 7 . Ibid. 8 . Ibid., p.25. 9 . The Economist Magazine, 2009, p.5. 6
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heart of the region. Countries such as Iran, Turkey, and Syria have also emerged as important geo-strategic players in the region. The designation of geo-strategic players are neither permanent nor fixed, which may increase the potential for regional political instability and rivalry. Changes in the status of a regional player would represent major events and involve shifts in the distribution of power. Iraq for example, used to be an important geo-strategic player in the region, but has been weakened and is presently recovering from political instability in the aftermath of the dismissal of Saddam Hussein and the US occupation in 2003. Over the years, countries in West Asia have experienced enormous economic growth and have become important sources for both finance and investment. Saudi Arabia, UAE, Qatar, and Kuwait have been at the forefront of growth with expanding infrastructural development programmes. Trade and investments between Malaysia and the region have been encouraging these past few years.10
An Overview of Malaysia-West Asia International Relations Early relations between Malaysia and West Asia evolved around the religion of Islam which continued to shape their interactions throughout the centuries. It was through Islam that the Malay society was exposed to the political and social developments in major West Asian countries such as Saudi Arabia, Egypt, and Turkey. Developments in these countries, especially in the early 20th century, influenced many Malay thinkers and religious elite. Saudi Arabia and Egypt have long been favourite countries for Malays to study. In addition, interaction with Saudi Arabia has always been important because of the pilgrimage to Mecca by Muslims. British colonial power in the 18th century gradually changed the focus of the Malay elite and intellectual class from West Asia to the West. After the Second World War, Western educated groups dominated Malaysian administration and politics. However, Islam continues to play a role in shaping Malaysia’s position on many international issues especially those related to the Muslim world. There has been a conscious effort on the part of the Malaysian government to develop a strong consciousness membership of a global Islamic brotherhood. Because of its long established relations with Malaysia and the religious affinity, West Asia occupies an important position in Malaysia’s conception of the 10
.Please refer to http://www.kin.gov.my/web//guest/bdwest_asia?p_p_id=56_INSTANCE_4iKY&p_p_lifecycle=08p_pstate=exclusive&p_p_mode=view&p_p_col _id=colu..., p.3. 160
Muslim world. In recognition of Malaysia’s effort to promote solidarity among Muslim countries, its first Prime Minister, Tunku Abdul Rahman Putra al-Haj was nominated as the first SecretaryGeneral of OIC after his retirement in 1970.11 Under Tun Dr. Mahathir’s administration, Malaysia identified itself as an Islamic state in its foreign relation. During April and May 1983, in order to promote the causes of South-South dialogue and encourage more direct trade with other countries, Tun Mahathir paid official visits to Turkey among other Muslim countries.12 Besides that, Turkey was also one of the few Muslim countries with whom Malaysia’s joint commission agreements were extended by his administration to include political matters. Turkey has always been a major trading partner of Malaysia. During June 2003, the visit of Turkish Prime Minister, Recep Tayyib Erdogan to Malaysia further enhanced the existing relationship between both countries.13 Not only was the bilateral relations between both countries improved, Turkey also aimed to boost bilateral trade between both countries to U.S. $1 billion a year. In 2007, Turkey was ranked 6th in the top OIC trading partners of Malaysia.14 As for the UAE, to broaden Malaysia’s international contacts, in 1975, then Prime Minister, Tun Abdul Razak boosted relationships by visiting Gulf States.15 Ties between Malaysia and UAE had been growing in mutual confidence. The bilateral relations between both countries are particularly strong in trade and commerce. According to Dato’ Mubin Razali, Malaysia Ambassador to the UAE, both countries not only share common aspiration and views at international and regional levels, they also share close and good cooperation within international organisations such as the UN, NAM, and OIC. 16 In 2005, Malaysia’s export to the UAE stood at Dh 7 billion with the main export items including gold, jewellery, wood products, palm oil, petroleum products and electrical appliances. The imports from UAE recorded a sharp increase, equivalent to Dh 2.8 billion involving import items such as petroleum product and chemicals. According to the International Monetary Fund’s Direction of Trade Statistics and Dinar Standard Research, UAE was the second OIC trading 11
. Ruhanas Harun. 2009. “In Pursuit of National Interest: Change and Continuity in Malaysia’s Foreign Policy towards the Middle East’, in Jurnal Antarabangsa Kajian Asia Barat, Vol.1, 2009, p.30. 12 . Jeshurun. C. 2007. Malaysia Fifty Years of Diplomacy. Kuala Lumpur: The Other Press, p.127. 13 . Daily News. 2003. “Daily News: Turkish Premier Visit to Malaysia a Success. Retrieved Octoberr 21, 2008, from http:// www.turks.us/article.php?story=20030615105644528&mode=print. 14 . Shikoh & Zain, M, ‘OIC Trade”, op.cit. 15 . Jeshurun,C. Malaysia Fifty Years of Diplomacy, op.cit. p.219. 16 . Khaleej Times Online, 2007. “Economy: Growing Ties with UAE”. Retrieved October 22, 2008, from http://www.khaleejtimes.com/malaysia/mt eco cnt1.html.
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partner of Malaysia in 2007, and is considered to be the most important trading partner for Malaysia in West Asia.17
Re-Orientation of West Asia Bilateral Relations with Muslim Countries in Southeast Asia West Asia and Gulf States previously saw their interests as far more closely tied to the West than to the Muslim countries in Southeast Asia. Changes in the global economy, West Asia, and the Muslim World compelled the Gulf States, Malaysia and other Muslim states in Southeast Asia to “re-orient ” their economic and strategic interests. West Asia and Gulf governments sought new markets for both their capital and hydrocarbon exports that would deliver higher returns than they could get with their traditional Western partners. They also sought opportunities for education, leisure, and advanced medical care that were world-class but cheaper than those in the West, and in a place where their religious values would be respected. For their part, Malaysian leaders and other Southeast Asia’s Muslim leaders hoped that greater Gulf and West Asia trade could help balance China’s growing influence, mitigate declining Western markets, and promote growth. In the eyes of West Asia and Gulf leaders, the emergence of Iran and Muslim Brotherhood in Egypt can be regarded as another factor that reinforced their need for new friends, particularly from among Muslim countries in Southeast Asia. The networks that have shaped links between West Asia and Southeast Asia reflect centuries of intellectual exchange and travel between the Muslim of Southeast Asia and the wider West Asia. These intellectual and religious ties, however, were not matched by extensive commercial ties, especially in the twentieth century. While West Asian and Gulf countries contributed generously to religious institutions in Southeast Asia in the twentieth century, they made few investments in the region’s economy, still preferring safer opportunities in the West. The Arab Malaysia Development Bank observed in 1979 that religion factored little into the economic decisions of the West Asia and Gulf business groups and leaders.18 When the West Asia and Gulf states “re-designed” their focus toward Asia and Muslim countries in Southeast Asia, that process began with an advertising campaign on al-Jazeera and other West Asia broadcast networks that featured images of modern cities of West Asia nations with the
17 18
. Shikoh & Zain,M. “ OIC Trade”, op.cit. . Fred R. Von Der Mehden, Two World of Islam, ibid., pp.36-37. 162
catchy phrase, “ Malaysia-Truly Asia.”19 The advertising campaign branded Malaysia as a tropical paradise, a nexus of Asian cultures, and a nation that blended modernity and Islam in a way West Asia and Gulf Muslims could emulate.20 For Muslims in West Asia and Gulf States , Malaysia was an attractive alternative destination to Western countries for education, healthcare, investment, and leisure, especially after the 9/11 attacks and the 2008 global financial crisis. 21 Malaysia also offered two additional benefits: an entryway to Indonesia and the other growing economies in Southeast Asia and a way to check the growing influence of Iran in the region.22 Among the most important indicators of the West Asia and Gulf states shift to the Malaysia and other Southeast Asian nations was business trade. Between 1996 and 2001, Malaysian-West Asia and Gulf trade rose from U$ 1.6 billion to U$ 14.5 billion, while trade with Indonesia grew from U$ 2.3 billion to U$ 5.9 billion.23 Although the steep rise in petroleum prices and Indonesia’s declining supplies of petroleum help explain part of the surge, Southeast Asia exports to West Asia and the Gulf played an important role in trade for the first time in many years. Malaysian exports to West Asia and the Gulf rose from U$ 1.2 billion in 1999 to over U$ 6.3 billion in 2011,24 while Indonesian exports to West Asia and Gulf states nearly doubled, from U$ 1.2 billion in 1999 to U$ 2.3 billion in 2009.25 The growth in bilateral trade reflected increasing commercial and diplomatic ties between West Asia and ASEAN.26 Since 2009, senior ministers from both GCC and ASEAN have meet annually, and there was a fivefold increase in trade from 2004 to 2011 among member states.27 We also find that many well-known financial companies based in West Asia and the Gulf such as the Al-Rajhi Bank, Kuwait Finance House, the Islamic Development Bank, Abu Dhabi National Energy & Gulf Investment, and the Qatar Islamic Bank have established footholds in Southeast
19
. Please refer to http://www.youtube.com/watch?v=pEEkFyIo9Ly. . This advertising campaign was initially intended to stress Malaysia’s position in Asia and to downplay the nation’s Islamic roots. 21 . Malaysia Economic News. 2010. 22 . Mellisa Chi. 2011. “Malaysia, the Perfect Bridge for Iranians to Escape Hom”, The Malaysian Insider, October 26, 2011. 23 . Compilation of statistics drawn from statistics available from the International Monetary Fund, Director of Trade Statistics (DOTS). 24 .Ibid. 25 . Ibid. 26 . The Saudi Gazette. 2011. “GCC, ASEAN Step Plans to Enhance Economic Ties”, July 27, 2011. 27 . Ibid. 20
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Asia.28 In 2006, Qatar’s al-Jazeera opened a regional bureau in Kuala Lumpur.29 In addition, Saudi investor poured U$ 733 million into Malaysia in 2011, making the kingdom one of its top foreign investors.30 UAE investments in Malaysia also reached nearly U$ 2 billion.31 In Indonesia, Saudi Arabian businessmen are some of the top foreign investors, having invested nearly U$ 8 billion since 2007.32 By 2011, Saudi Arabia’s Dubai Saudi Telecom invested U$ 1.2 billion in Indonesia’s Axis.33 In 2009, the Bin Laden Group announced a U$ 4.3 billion project to develop 2 million hectares of land in Indonesia to grow rice, while Oman GFIH Global Financial invested U$ 335 million in rice and palm oil in Indonesia.34 West Asia and Gulf countries have also invested heavily in Islamic banking in Malaysia and Indonesia and in Malaysia’s Takaful market.35 Together, Malaysia’s Islamic finance and Takaful markets are second in size to Saudi Arabia. Between 2007 and 2010, Malaysia invested U$ 4.5 billion in Saudi Arabia. Around 80 Malaysian companies operate in the Kingdom and Malaysia’s Federal Land Development Authority in 2009 became the first foreign entity to be given a license to form a 100 percent foreign-owned company in Saudi Arabia.36 Malaysia also has U$ 100 million worth of investments in the UAE.37 Malaysian companies have secured contracts worth U$2.5 billion for Qatar’s World Cup preparations for 2022,38 and have secured several projects in Saudi Arabia. Among the most important are a US $30 billion contract for the Jizan Economic City in Jizan Province, in addition 28
. Arab News. 2011. “Malaysia’s Zarinah Anwar Calls for GCC-Asian Connectivity,” June 19, 2011, see also. Indonesian Government News, “Indonesian Islamic Finance Sector Attracting Investments from Middle East, Europe,” February 9, 2012. Refer also to Islamic Finance News. “Saudi Arabia’s Rajhi Eyes Malaysian Islamic Market,” April 28, 2012. 29 . BBC Monitoring World Media. 2006. “Malaysia/Qatar: Al-Jazeera Executives Meet Malaysian Information Minister”, BBC Worldwide Monitoring, May 22, 2006. 30 . Malaysian Investment Development Authority. 2012. “Malaysian Investment Performance 2011. Kuala Lumpur: MIDA, p.9. 31 .Damian Reilly. 2011. “Gulf Looking East Not West for Investment, Says Malaysia PM”, Arabian Business.com, January 31. 32 . Arab News. 2009. Indonesia Independence Day Special: Kingdom-Indonesia Ties Strong and Cordial. August 17, 2009. 33 . Sudip Roy. 2011. “Islamic Finance: Saudi Telecom’s Axis Scores Record Deal”, Euromoney, July 2011. 34 . Maywa Montegro. 2011. “Hungry for Land”, Seed Magazine, April 27, 2011; and Nick Lord. 2011. “Land Grab Raises Concerns about Food Security”, Euromoney, September 2011. 35 . The Malaysian Reserve. 2011. “Takaful Mart: Malaysia’s Stands at No 2”, April 12, 3. See also Islamic Finance News. 2012. “Saudi Arabia Emerges Top Market for Islamic Investors with 42.4% Share”. March 12. 36 .Lukman Mansor. 2010. “Coming Together for the Betterment of Muslims,” News Straits Times (Malaysia), January 24, 2010, p.26. 37 . Tan Sri Muhyiddin. 2012. “Malaysian Companies Have Strong Presence in UAE,” Malaysia Economic News, May 28, 2012. 38 . Malaysia Economic News. 2012. “Malaysia to Open Trade Centre in Doha,” April 30, 2012. 164
to another U$ 200 million Malaysian Mall in Jeddah, and a U$5.6 billion contract for the Jabal Omar project to improve accommodations for Hajj in Makkah.39 The leaders of Muslim countries in Southeast Asia believed that the ties between two regions which based on the ummatic belonging reaffirmed their Islamic identity and links to the wider Muslim world. They also promised economic growth in a period of global instability and balance against China, whose rise is at once welcomed as a way to check Western hegemony but which also threatens domestic and regional political balances in Southeast Asia. Malaysia and Indonesia maintain extensive commercial links to China, have important populations of Chinese descent, and control international seaways vital to Chinese commerce. In fact, Malaysia claims a portion of the South China Sea; the July 2012 meeting of ASEAN foreign ministers collapsed because of disagreements over Chinese claims to the strategic waterway.40 For West Asian and Gulf leaders, Southeast Asia offered an alternative partner to a still economically stagnant West and strategic allies in the Muslim world to replace those that collapsed during the Arab Spring revolution. In addition to that, Indonesia and Malaysia could help to offset domestic instability and the rise of Iran and Ikhwanul Muslimin in the Muslim world, both of which are mistrusted by West Asia and GCC governments. Although West Asia and Gulf countries’ relation with Southeast Asia is set to grow, but the Southeast Asia bilateral trade with West Asia and the Gulf is still smaller than its West Asia and GCC bilateral trade with China, Europe, Japan, and the United States. Although the number of West Asia and Gulf tourists have grown rapidly in recent years, that number represents only a fraction of the seven million tourists annually from West Asia and the GCC countries. 41 Although the number of West Asia and GCC students in Southeast Asian universities has risen, there are now 50,000 Saudis studying in the United Sates-many more than in Indonesia and Malaysia.42
Malaysia-Qatar Diplomatic Relation
39
. Azlan Abu Bakar. 2009. “Mall to Mark New Milestone in Business Ties with Saudis,” New Straits Times, March 2, 2009, p.6. 40 . The Economist. 2012. “Asean in Crisis: Divided We Stagger: Can Indonesia Heal the Deepening Rifts in Southeast Asia,” The Economist, August 18, 2012. 41 . Fauzia Khan. 2012. “Indonesian Mission Holds Road Show to Lure Saudi Tourists,” Arab News, May 3, 2012. 42 .PR Newswire. 2011. “Record Number of Saudi Students Now Studying in the US,” PR Newswire, December 1, 2011.
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The diplomatic relation between Malaysia and Qatar was inked through an agreement in 1974.43 Thanks to the ever-increasing brotherhood-like relationship between the leaders of the two nations and the rising trade-tourism activities, both Malaysia and Qatar grew simultaneously. The State of Qatar has also initiated the Islamic Summit Meeting for Cooperation of Muslim Countries in Doha in November 2000. Malaysia initiated the same summit in October 2003 in Kuala Lumpur. By September 2004, both nations agreed to run their embassies in each other’s countries with residence representative-a significant milestone for their diplomatic and trade activities.44 As an active member in NAM and OIC, both Malaysia and Qatar have enjoyed similarities in views and stand on foreign political issues, especially with their ‘moderate foreign policy’ approach towards providing a peaceful resolution to the conflicting parties in the Muslim world. The close personal relation between leaders of two countries has resulted in the exchange of visits between these leaders which first began in May 2010 and the following visit in December 2011. The arriving kingdom’s delegates in Kuala Lumpur were His Highness Amir Walid, and Qatar’s former Prime Minister and the Minister of Foreign Affair, Sheikh Hamad bin Jasim bin Jabir al-Thani. Malaysian Prime Minister, Dato’ Sri Mohd Najib Tun Abdul Razak fulfilled the kingdom’s invitation by visiting Doha in May 2011.45 In addition, in July 2015 the new kingdom’s successor/Qatari Amir, Shaikh Tamim bin Hamad Al-Thani visited Kuala Lumpur46. His Highness has conducted a fruitful discussion on bilateral relations with Dato’ Sri Mohd Najib, and both leaders committed to find ways to further bolster ongoing cooperation in all fields.
The Achievement of Diplomatic Relation between Malaysia and Qatar Following the successful opening of the Qatar Embassy in Kuala Lumpur in 2004, key milestones as listed below have been achieved to uplift greater diplomatic and economic ties between the two nations. High impact agreements and memorandums of understanding (MOUs) that have been signed includes: 1. Agreement to Avoid Tax Duplication in the year 2008, 2. Agreement of Trade Cooperation in 2009, 3. The Agreement on the Establishment of a Joint Economic Cooperation, 4. Memorandum of Understanding Between Qatari Diar and the KLCC Company, 5. 43
. The Embassy of the State of Qatar (n d). ‘The Achievement of Diplomatic Relations between Qatar and Malaysia’ (Thabi’ah al-‘Alaqat al-Siyasiyyah Bayna Dawlah Qatar Wa Malaysia’ (Al-Shuun al-Siyasiyyah). Kuala Lumpur: Qatar Embassy. 44 . Ibid. 45 . Ibid. 46 . Bahrain News Agncy”. 2015. “Qatar, Malaysia Relations Discussed”. July 31, 2015. 166
Memorandum of Understanding Between the Qatar Foundation for Investment and the Foundation for Investment Malaysia Bhd.47 In addition, some ongoing agreements to be accomplished include: 1. Agreement on the Encouragement and Reciprocal Protection of Investment, 2. Draft on Air Transport, Signed in Initial on May 14, 2001, 3. A Memorandum of Understanding for Cooperation Between the Diplomatic Institute of Malaysia Foreign Services and the Qatari Diplomatic Relations, 4.Memorandum of Understanding for Cooperation in the Field of Higher Education, 5. A Draft of Memorandum of Understanding on Tourism Cooperation.48 Prominent economic programs by both countries include: 1. The opening of a permanent exhibition of industrial products in Doha, in 2014, 2. Laying the foundation stone for the project of Harrods Hotel Commercial Complex for the Qatar Investment Foundation in Kuala Lumpur in 2013, 3. Laying the foundation stone for a tourist resort project in the State of Terengganu in 2014, implemented by the Qatar Investment Cooperation with the Terengganu State Government, 4. Laying the foundation stone for the opposite tower at the Petronas Twin Towers in the City of Kuala Lumpur which will be Implemented by the Qatari Diar.49 The Qatar Embassy is currently working on a follow-up to the completion of establishing the Malaysian-Qatar Business Council project in both countries in order to encourage their respective private sectors to cooperate in joint ventures, especially involving construction and other sectors. With regard to the Qatari Public Diplomacy Relations, the ambassador himself has exerted tremendous effort in establishing close relationship and cooperation between him and the Malaysian Ministries, senior officers, as well as members of parliament. This development has certainly allowed better positioning of by the Qatari, covering various field of international issues and enables them to facilitate ongoing cooperation including the possibility to engage with different state governments within Malaysia.50 As far as the Qatar Embassy consular services in Kuala Lumpur are concerned, the embassy seeks to provide all types of services needed by the Qatari citizens who visit Malaysia,. The embassy also works on the documentation and certification of commercial transaction and
47
. The Embassy of the State of Qatar in Kuala Lumpur, op.cit. .Ibid. 49 . The Embassy of the State of Qatar in Kuala Lumpur, op.cit. 50 . Ibid. 48
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other corporate needs of the citizens of these two friendly countries.51 In the 2013 alone, Qatari tourists to Malaysia numbered 7264.
Exploring the Beneficial Malaysia-Qatari Partnership According to the statement issued by the Malaysian Ministry of International Trade and Industry on February 23, 2004, the Malaysian Trade and Investment Mission to West Asia will select Qatar as its first destination followed by UAE and Saudi Arabia.52 The delegates are made up of 90 representatives from Malaysian government agencies and companies to explore avenues for expanding cross border trade and investment. MITI added that this mission was part of Malaysia’s efforts to strengthen economic ties with the OIC. Many programs are being pursued to expand trade and promote other forms of economic cooperation. Concurrently, Malaysia is also undertaking measures to tie the bilateral trade and economic relations with individual OIC countries. Since the establishment of a diplomatic relation some 20 years ago, Malaysia and Qatar have been working very close to address many issues, especially those effecting the Muslim community. Both countries champion the interest of developing countries in multilateral trade negotiations under the WTO. In particular, it is essential that the key elements of the Doha Development Agenda are accorded the proper priority to ensure that the concerns of developing countries will be a major part of the WTO work program. Better market access opportunities for developing countries and technical assistance for capacity building are among the needed solutions and should take precedence over issues that mainly benefit the developed countries. On the eve of the 51st anniversary of Malaysia’s independence on August 31, 2008, the Malaysian Ambassador to the State of Qatar, Dato’ Shahrul Ikram invited Qatari companies to take the huge opportunities available in Malaysia to invest and told Malaysian businessmen to make use of the prospects in Qatar. According to him, bilateral trade between Qatar and Malaysia was relatively small but was growing. The total bilateral trade between Malaysia and Qatar for 2007 was QR 1.1b bn, a “huge jump” from the figure of QR 613 mn in 2005. 53 The ambassador added that in 20007 alone, the total value of project awarded to Malaysian companies was about
51
. Ibid. . The Official Portal of the Ministry of International Trade and Industry, Malaysia. 2004. “Malaysia-Qatar Business Opportunity”. Kuala Lumpur: Ministry of International Trade and Industry. February 23, 2004. http://portaluat.miti.gov.my/cms/content.jsp?id=com.tms.cms.article. A… 53 . Arvind Nair. 2008. “Envoy Invites Qataris to Invest in Malaysia”, in Gulf Time, August 31, 2008. 52
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QR 4.8 bn.54 According to him, the two countries last month signed an agreement on avoidance of double taxation and this could further boost business relations. Although Qatar currently has two projects in Malaysia-Asian Islamic Finance, of which the Qatar Investment Authority has 60% equity,55 no individual Qataris having investment in Malaysia. In his interview with Gulf Times, the Malaysian Prime Minister Tun Abdullah Ahmad Badawi described Malaysia-Qatari relations as “good”, with “the participation of Malaysian companies in Qatar especially in the development of infrastructure”. According to Tun Abdullah, the Malaysian economy was doing well despite the international economic crisis. He added that the Malaysian banking sector is strong and resilient, and Malaysia also taken several steps to strengthen the domestic economy and to increase consumption.56 He concluded his interview by calling for cooperation between Qatar and Malaysia to establish and operate common standards and common practices for all Islamic banks in the Muslim world and for any Muslim bank operating in non-Muslim countries.57 The Qataris and Malaysian governments have showed and demonstrated their keen desire to boost economic cooperation through the participation of several businessmen from both countries in the ‘Malaysia-Qatar Business Forum’ held at the Ritz-Carlton Hotel in Doha on January 21, 2009.58 The signing of memorandum of understanding(MoU) and exchange of agreement papers between the officials of the premier companies of the two countries were witnessed by the Chairman of the Qatari Businessmen’s Association (QBA) HE. Sheikh Faisal bin Qasim al-Thani and the Malaysian Prime Minister at the time Tun Abdullah Ahmad Badawi.59 The second MOU was signed by Qatari Diar’s CEO Mr. Ghanim bin Saad al-Saad and Zecon Berhad’s CEO-cum-Managing Director Dato’ Hj Zainal Abidin Hj Ahmad, stipulates that a business relationship under which Zecon Bhd will provide services for Qatari Diar’s construction projects. According to a Zecon Bhd, the MoU between two premier companies enhanced business relationship and will bolster cooperation between Qatar and Malaysia, and Qatar will benefit from Malaysian expertise in civic engineering, building construction, infrastructure and property development through several Qatari Diar projects.60
54
.Ibid. .Ibid. 56 . Ibid. 57 . Ibid. 58 . Qatar Tribune. 2009. “ Qatari, Malaysian Firms in Pact for Realty Project”, January 22, 2009. http://www.qatar-tribune.com/print.asp?p_name=first &news_num=1. 59 . Ibid. 60 . Ibid. 55
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An exchange of joint venture saw agreements between Sime Darby Engineering Sdn Bhd of Malaysia and Al-Mana Trading Company W.L.L. of Qatar witnessed by HE Sheikh Faisal and Tun Abdullah. In his welcome address HE Sheikh Faisal said: “QBA is happy to participate in this special event which aims to boost economic integration and exchange of investments between two countries”.61 According to him, such initiatives will help our business and contribute to the development of the private sector which will lead to more progress and prosperity in the future,” he remarked. In turn, Tun Abdullah provided an overview of the state of the Malaysian economy, detailing its strengths and that of Malaysia’s business environment. He pointed out that the strong trade relation between Qatar and Malaysia was manifest in the increase of their trade volume from $ 45Mn in 1998 to $503.8mn until November 2008,62 an impressive increase of 59% from U$ 316.0 million over the same period of 2007.63 On May 19, 2009 bilateral trade between Malaysia and Qatar was given a boost with the signing of a trade agreement between the Malaysian Prime Minister Dato’ Mohd Najib Tun Abdul Razak and the previous Amir of Qatar His Highness Sheikh Hamad Khalifa al-Thani.64 Apart from promoting and diversifying trade between the two countries, the objective of the agreement is to facilitate consultation and cooperation in trade and investment related matters. It is believed that Qatar was Malaysia’s eighth largest trading partner in West Asia in 2008, with total trade amounting to RM 1.699mn.65 On May 13, 2010, the Qatar Investment Authority (QIA) signed a MoU with 1 Malaysia Development Berhad (1MDB) at the Prime Minister’s Office in Putrajaya-Malaysia witnessed by Prime Ministers of the State of Qatar and Malaysia.66 The MoU was signed by Dr. Hussain Ali AlAbdulla, Board Member-Executive of QIA and Mr. Shahrol Halmi, Managing Director and Chief Executive Officer of 1MDB, on behalf of the respective entities. This MoU provides a framework for facilitating investment cooperation between the two entities to explore, evaluate and implement investment opportunities in Malaysia, including in
61
. Ibid. . Ibid. 63 . Pejabat Perdana Menteri Malaysia. 2009. “Speech of Dato’ Sri Abdullah Bin Haji Ahmad Badawi at the business forum Malaysia-Qatar business opportunities. Putra Jaya: Koleksi Arkib Ucapan Ketua Eksekuti. Doha, Qatar, January 21, 2009. 64 . New Straits Times Newspaper. 2009. “Najib, Emir Witnesses Malaysia-Qatar Bilateral Trade Agreement”, Kuala Lumpur, News Strait Times, May 20, 2009. 65 . Ibid., http://www.nst.com.my/Current News/NST/Wednesday/News Break/20090520154807/Article/Index. 66 . 1 MDB Press Release. 2010. “Qatar Investment Authority Signs memorandum of Understanding with 1 Malaysia Development Berhad.” Putrajaya, May 14, 2010. http://.1mdb.com.my/press-release/qatarinvestment-authority-si... 62
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the energy sector and a strategic real estate development in the Klang Valley. A Joint Committee will be established between QIA and 1MDB to assess the viability and other commercial aspects of the various investment opportunities to be considered. QIA proposes to invest U$D 5 billion (approximately MYR 16 billion). His Excellency Sheikh Hamad Jassim bin Jabir Al-Thani, Prime Minister of the State of Qatar as well as Vice Chairman and CEO of QIA said, “Malaysia is an attractive investment destination with plenty of opportunities to consider and explore, and this MOU allows us to bring both our countries closer together to create mutual economic benefits for future.”67 Dato’ Sri Mohd Najib, Prime Minister of Malaysia and Chairman of the Board of Advisors of 1MDB, said, “We welcome the partnership between Malaysia and Qatar based on a mutual long-term vision for sustainable economic development. It comes at an opportune time when we are looking out for new sources of growth with high multiplier effects on the economy.”68 On January 28, 2011, the Qatari Crown Price at the time, Sheikh Tamim bin Hamad Al-Thani, in a meeting with the Malaysian’s Prime Minister Dato’ Sri Mohd Najib who is visiting Qatar. During the meeting, they reviewed the bilateral relations between the two countries and ways of supporting and developing them.69 On his next visit to Malaysia on December 5, 2011, the Qatar Prime Minister at the time, His Excellency Sheikh Hamad Jasim al-Jabir Al-Thani, in his meeting with the Malaysian Prime Minister, both countries agreed to inject U$2 billion joint investment fund and the signing of economic cooperation agreements in the field of tourism and higher education.70 In that meeting, Sheikh Hamad suggested that Malaysia should open up a national showroom in Doha, to serve as an impetus to attract investment to which the Malaysian Prime Minister agreed.71 At the national level, The Malaysian Prime Minister pointed out the possibilities for closer cooperation within the country, including investment opportunities in the Iskandar region in the Johor’s state and the possible development of Langkawi. As Dato’ Sri Mohd Najib added that the
67
. Ibid. . Ibid. 69 . The Free Library by Farlex. 2011. “Qatari Crown Prince Holds Meeting with Prime Minister of Malaysia”, Doha, January 29, 2011. http://www.the freelibrary.com/Qatari+Crown+Prince+Hold+Meeting with Malaysian Prime Minister… 70 . From Wikipedia, the Free Encyclopaedia. Malaysia-Qatar Relations. See also Qatar Financial Centre, “Qatar and Malaysia Set Up Fund”. December 2011. Retrieved January 16, 2014. 71 . See Property Guru Malaysia “Malaysia, Doha in RM billion Joint Venture”. http://blog.propertyguru.com.my/1430/malaysia-doha-in-rm6-billion-... 68
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commitment to implement the Economic Transformation Programme means there are greater investment opportunities for Qatar.” Say Dato’ Sri Mohd Najib. Meanwhile, the Qatar Prime Minister noted that the increase in trade for both countries, which expanded by almost 200 percent to Rm.3.3 billon in the first nine months, was a sign of a strong relationship.72 Economic cooperation between the two countries has grown rapidly, especially over the past five years. For instance, the Qatar Investment Authority (QIA), a partowner of the Pavillion REIT, has recently raised RM 710 million in an initial public offer (IPO) on Bursa Malaysia. Sheikh Hamad concluded his visit to Malaysia by witnessing a memorandum of understanding with 1 Malaysia Development Bud(IMDB) which indicated that QIA will participate in a U$ 5 billion investment plan in the property and energy sectors.73 In January 28, 2013 , the Vice Chairman of Qatar Holding LCC , Mr. Hussain Ali Abdullah in his visit to Kuala Lumpur said that Qatar may invest up to U$ 5 billion in the next three or four years into the Pengerang Integrated Petroleum Complex in the southern state of Johor”.74 This Pengerang Petrochemical complex aimed at transforming the Southeast Asian nation into a global hub for the oil and gas trade. It is expected will be able to accumulate 170 billion Malaysian ringgit ($55.84 billion) in investments by the time it begins operations in 2016. The complex includes the 60-billion-ringgit Petronas Refinery and Petrochemicals (RAPID)project by stateowned oil firm Petroleum Nasional Berhad.75 In addition to this type of investment, Qatar Holding has spent 100 million ringgit in 2012 to establish itself as a cornerstone investor in agricultural commodities firm Felda Global Venture Holding Bhd. According to Vice Chairman of Qatar Holding that Qatar Holding’s total investment exposure to Malaysia will eventually exceed US 10 billion in various sectors.76 On June 15, 2013, The Sarawak Chief Minister, Pehin Sri Abdul Taib Mahmud received a business delegation from the State of Qatar led by Mr. Remy Rowhani, the director of Qatar Chamber of Commerce together with Abdel Mustafawi, Masraf al-Rayan Group chief executive officer,77 expressing interest in starting halal food ventures in the state of Sarawak. The CEO alRayan Group, Mr. Feizal Ali and senior manager Mr. Azaidi bin Mohd Lazim, said to the chief
72
. Ibid. . Ibid. 74 . Reuters New Agency. 2013. “Qatar to Invest $5 Billion Into Malaysia Petrochems Complex”. January 29, 2013. http://www.reuters.com/article/2013/01/29/malaysia-qatarholding-id... 75 . Ibid. 76 . Ibid. 77 . BORNEO POST Online. 2013. “Qatari Investors Coming Closer to Major Serawak Deals”. June, 26, 2013. http://www.theborneopost.com/203/06/qatari-investors-cming-cl... 73
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minister Pehin Sri Taib that the shareholder from Saudi Arabia, where the financial institution has large operations, would also be “very interested in heavy industry investment.”78 According to Chief Minister of Sarawak, the Sarawak government in 2012 was able to attract U$ 10.6 billion in foreign direct-investment making Sarawak the second state after Johor.79 Sarawak is well known for its investment opportunities. According to Pehin Sri Taib, foreign investors will come once they have a better understanding about us. As we embark on more development and create more investment opportunities, it is very important that such information be spread widely for foreign countries to understand and have confidence in us. 80 The Chief Minister also mentioned that the heavy industries complex already set up in Samalaju Industrial Park, a growth north of the Sarawak Corridor of Renewable Energy, and has attracted RM 4 billion investment.81 Although no details have been released on what have been agreed with the Qatar investors, nevertheless, it is anticipated that the foreign investment will target one of the next two mega-dams Sarawak, the Murum and the Bakum Dams, in addition to Baram and Baleh dams. The Chief Minister revealed to the audience that the completion of these two proposed dams, along with Murum and the already operational 2,400-megawatt (MW) Bakun dam, would generate about 6,000MW of clear energy for the state.82 According to him,t outside financing was necessary, the state of Sarawak feels confident in the formula that has been developed to attract investment subscriptions, noting that the Murum dam project received numerous subscriptions under this programme. He added, if one thing can be for certain it is that Qatar wants to move, and move in big. The State of Sarawak looks likely to receive them with open arms.83 On January 7, 2014, The King of Malaysia Almu’tasimu Billahi Muhibuddin Tuanku Alhaj Abdul Halim received the credentials of HE Issa bin Mohammed Al-Mannai as the new Qatar Ambassador Extraordinary and Plenipotentiary to Malaysia. During the meeting, HE Ambassador Al-Mannai conveyed the greetings of the Amir of Qatar, His Highness Sheikh Tamim bin Hamad Al-Thani and his wishes of best of health to the King of Malaysia and further progress and prosperity to the Government and people of Malaysia. For his part, King Abdul Halim entrusted HE the Ambassador to convey his greetings and wishes of best of health to His Highness the Amir 78
. Ibid. . Ibid. 80 . Ibid. 81 . Ibid. 82 .Ibid. 83 . Ibid. 79
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of the State of Qatar. At the same time also, the King of Malaysia wished HE the Ambassador AlMannai success in his new mission and assured him of providing all the support to upgrade the bilateral relations to closes cooperation in various fields between two countries.84 Realising the close relation between two countries, on July 30, 2015, the new Amir of the State of Qatar, His Highness Shaikh Tamim bin Hamad Al-Thani met the Malaysian Prime Minister, Dato’ Sri Mohd Najib Tun Abdul Razak in Putrajaya-Kuala Lumpur, and both leaders have focused their discussion on strengthening bilateral relations and to enhance ways of further bolstering joint cooperation in all fields.85 In an interview with Bernama news agency , Qatar Ambassador to Malaysia, HE Issa Mohamed Al-Mannai stated that due to Malaysia’s open and stable economic environment, its active role in the Association of Southeast Asian Nations, as well as the country’s strategic location were among the factors that would continue to attract investors to the country. 86 Al-Mannai told Bernama that economic conditions fluctuate because of various factors. There is hope that the current situation will pass and the world economy will get back on its feet again.”87 The Ambassador added that the Qatar Investment Authority (QIA) was always looking for opportunities in Malaysia that were of interest and beneficial to it. As an example, he referred to Qatar’s investment at the Banyan Three Signatures Pavilion Kuala Lumpur, a partnership between Pavilion Group and the Qatar Holding LCC, where the Pavilion Group’s unit represented by Lumayan Indah Sdn Bhd, the developer of the project, has a 51% stake and Qatar Holding 49%. The envoy also said there would also be more investments in similar icons in the future for tourists, as this is also something important on a friendship basis.88 The Ambassador Al-Mannai also expressed his hope that the new luxury beachside resort, Movenpick Resort&Spa Chendering in Terengganu, through joint company, Success Diar Sdn Bhd, would be completed by the end of 2016. The Success Diar is a joint company between Success Circle Sdn Bhd, a leading private investment company, and Qatari Diar Asia Pacific Ltd, a subsidiary of Qatari Diar Real Estate Investment Company, which is the investment arm of the QIA.89 As the State of Qatar at 84
. Malaysian Ministry of Foreign Affairs. 2014. “Malaysian King Receives Credentials of Qatar’s Ambassador”. Kuala Lumpur: Wisma Putra, January 8, 2014. 85 . Bahrain News Agency. 2015. “Qatar-Malaysia Relations Discussed”. Manama: Bahrain News Agency, July 31, 2015. 86 . The Malaysian Insider. 2015. “Malaysia Can Still Draw Investors Despite World Economic Challenges”. Kuala Lumpur: The Malaysian Insider, September 12, 2015. http://www.themalaysianinsider.com/business/article/malaysia-can-stil... 87 . Please refer to http://etp.pemandu.gov.my/Related_Stories-@Qatar-;_Malaysia_can_s... 88 . The Malaysian Insider, op.cit. 89 . Ibid.
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the moment is on the preparations for the 2022 FIFA World Cup and the Ambassador encouraged Malaysian companies to be part of this development.
Future Partnership Platform for Bilateral Relation The bilateral relation between West Asia and Malaysia has formerly been focusing on politics and finance. With current trade progress between West Asia-Malaysia as well as Southeast Asia, the opportunity to a new era of cooperation seems promising. In particular the ancient silk and spice routes is believe to help restore current trade and investment flow between West Asia and Muslim countries in Southeast Asia. During Malaysian former Prime Minister, Tun Dr. Mahathir tenure, effort were made in promoting greater economic cooperation and trade relations among the Muslim countries. Like the early Muslim who were great traders, he said, Malaysia believes in free trade and has established an Islamic financial system to enable Muslim to enjoy the benefits of modern financial system.90 He had hoped that the rich nations of the West Asia and Gulf countries would be willing to work within bilateral and multilateral frameworks for the economic betterment of the Muslim Ummah as a whole. We define “Muslim Ummah”, or “Ummah” in particular as brotherhood of Islam, in which economic context is concern, refers to the business and investment network between Muslim countries or individual investors from those countries. “Ummah” is “collective nation of states”, “community of the Believers” or “brotherhood of Islam”. The phrase Ummah Wahidah in the Qur’an (the “One Community”) refers to the entire Muslim World unified.91
The Rationale for An Ummah Network. The proposed “ummah network ” is an ‘informal set-up’ and remain as a virtual network. Informal in this context refers to “unbound ” by explicit agreement between nation-state”. Therefore, this network is unbound by sovereign borders, hence providing this network with virtually unlimited space for expansion, and the focus of this network should be on trading and investment partnership among members of OIC.
90 91
. Mahathir Mohamed. 2000. Islam and the Muslim Ummah. Kuala Lumpur: Pelanduk Publication, p.52. . Wikipedia. 2008. Ummah Retrieved October 17, 2008. http://en.wikipedia.org/wiki/Ummah.
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To some extend, this ummah network should be initially bound by religious belief, but this boundary could be faded away due to integration with other formal and informal global network. The rationale is that greed has become so embedded in human civilization, especially in developed countries which mostly consists of non-Asian countries. The eagerness to dominate and maximized self interest have been so strong that it is very likely endangering the existence of mutual benefit of a “strong-weak” partnership. Each of the Western Asia and Gulf countries including Malaysia, Indonesia and Brunei ( the Malays World of Southeast Asia) are considered as “weak” as individual country but are “strong” as partner-unit. Trade and investment negotiation between the ummah partnership with individual developed countries or strong economic bloc like the European Union could be fairer, allowing greater potential and sustainable partnership to be establish. Hence, the formation of ummah network should be viewed as catalyst for free trades and global partnership in investments, not vice versa. Importantly, ummah network should also be a catalyst for trade and investment partnership among its members. It will speed up the development of member countries. Malaysia’s position as a Muslim country with close socio-cultural affinities to the West Asia region can play the role to kick off this virtual concept of ummah network. To “move” the ummah network from its “motionless” state, change are required. To gather such a big commitment, it needs politically construct push mechanism. Muslim countries of West Asia, Gulf countries, Malaysia, Indonesia, and Brunei need to publicly affirm their encouragement for an ummah partnership that seek mutual helping hand and not preparing window opportunity for self-centered agenda among Muslim countries. The non-Muslim countries should also be welcome to join the network if they are seeking mutual benefit partnership and not exploitation.
Over the years, Malaysia has been well involved with active bilateral and multilateral ties involving both developed and developing countries at the regional and international levels; there is no reason for the current government to change that policy. In short, pragmatism will continue to dominate Malaysia foreign policy in matters pertaining to Malaysia’s interest abroad. In addition to that, the country’s ties with the Muslim world and its strategy to expand its economic relation with the Muslim countries might boost Malaysia’s bilateral relation with the West Asian and Gulf countries. Statistics and empirical facts showed that Malaysia-West Asia and Gulf economic ties are sustained by the current investment in oil and gas,trade, constructions sectors and not forgetting the expatriate dynamics, which pave ways for greater synchronization of economic interest. Other key sectors which are seen as comparative an advantage to each other include Islamic banking services, Tourism sector, education, Halal market, and many other. 176
Islamic Banking Services. Malaysia is aggressively involved in the promotion of the Islamic Capital Market. Globally, it is estimated to be worth U$ 200 billion and offer potential growth spectrum of 10 to 15% annually. It is imperative that Muslim countries, particularly from West Asia-Gulf region to work together with the Southeast Asian Muslim countries to ensure continued development of the global Islamic Capital market. Locally, Malaysia’s Islamic capital market is growing rapidly. Shari’ah compliant stocks represent 81% of the total listed shares on the stock exchange Islamic bonds accounts for 38% of total corporate bonds outstanding in the country.92 With the growing demand of the Islamic financial services from Muslim investor, traders as well as consumers,numbers of banking and financial institutions from Malaysia have penetrated into the West Asia, Gulf countries and vice versa. Malaysian bankers such CIMB Islamic Bank Berhad and Maybank are among the players going into the GCC region Islamic financial hub such as Bahrain, Kuwait and Qatar, providing Islamic financial services. It is believed that the contributions of Islamic banks from West Asia and Gulf region such as Al-Rajhi Bank, Kuwait Financial House and many others in enhancing the competitiveness of Islamic banking sector but also play the role of attracting more investment from other renowned Islamic banks from Muslim countries globally. Despite allowing selected Islamic banks to invest and operate in Malaysia, there is not much effort to further liberalize the Islamic banking. Therefore, any breakthrough in liberalizing and developing this sector shall need commitment of belief, in which can be provided through ummah network that operate based on trust and mutual benefit. Besides, the ummah network can act as an enhancement to existing global partnership like Islamic Development Bank(IDB) and International Islamic Trade Finance Corporation(IFTC). At the moment, a number of West Asia and GCC countries companies, such as Al-Rajhi Bank, Kuwait Financial House, Qatar General Insurance and Reinsurance Company(QGIR) have operated their services in Malaysia. Al-Rajhi Bank and Kuwait Financial House are among the well known GCC ‘s bank providing Islamic banking services in Malaysia . The existence of Labuan International Offshore Financial Centre(IOFC) which established in 1990 by Malaysian Government is another avenue for West Asia financial investors. This IOFC Labuan offers a wide range of financial products and services internationally including banking insurance, trust services and fund management with the Labuan Offshore Financial Services Authority, and the Qatar government has made a secondary listing of U$ 700 million Trust Certificates(Sukuk) on
92
. Malaysia’s Ministry of International Trade and Industry. 2004. “ Ma;aysia-Qatar Business Opportunities”, Doha, Qatar ,Monday, 23 February 2014.
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the Labuan International Financial Exchange(LFX) in the year 2004.93 Malaysia welcomes a bigger presence from Qatar in the Malaysia’s financial market. Halal Market Within Muslim Countries. The demand for halal products is ever increasing and expected to continue with the increasing Muslim population all over the world. The great success of minority population in Southern Thailand in exporting halal products all over the world has drew both envy and encouragement to Malaysia in aggressively developing its halal market. The Malaysian government see its potential but massive effort and investment are still needed to success. In the recent Economic Development Plan, Malaysian government has allocated more than RM 100 million for the development of halal product industry by establishing Halal Parks as a part of Malaysia’s Halal Hub framework.94 The Halal industry is a rapidly expanding business now reaching 1.8 billion consumers worldwide and worth to be estimated at U$ 2.1 trillion.95 Within the West Asia market, the Halal industry is estimated to be worth more than U$ 20 billion.96 Muslims awareness on their obligation to consume products based on Islamic requirements also contributes greater demand for halal food and non-food products. Importantly, the halal market does not focus on Muslim countries only; however, non-Muslim countries also provide huge potential for the halal products. Malaysia, now is looking forward to facilitate a one-stop center for activities related to halal industries. These activities include inspection, certification, R&D, analysis, legislation, enforcement, sampling and laboratory facilities, marketing, management, consumerism, reference, education, information technology and networking. In the mean time, Malaysia now has a Showcasing Mart in Dubai that promotes products from Malaysia’s SMEs to buyers in the West Asian region and promoting Malaysian processed Halal foods and beverages. Currently, many global alliances have been established such as International Halal Integrity Alliance(IHI). It is an international non-profit organization, created to uphold the integrity of the halal market concept in global trade through certification, collaboration and membership. There is also the World Global Forum which act as a focal point for global halal 93
.Ibid. . Asmak Binti Ab Rahman and Mohd Fauzi bin Abu Hussin. 2010. “ GCC Economic Integration Challenge and Opportunity for Malaysian Economy”, in Uluslararasi Sosyal Arastirmalar Dergist(The Journal of International Social Research. 95 . Har Wai Mun, Lam Zheng Ling ,Liew Khai Yi. 2009. “ Malaysia-West Asia Relations and Foreign Direct Investment: Proposal for an Ummah Network based on Social Capital Market”, in The Journal of International Social Research, Vol.2/6, Winter 2009. 96 . International Halal Integrity Alliance(IHI).2008a. Tapping the Halal Market. Retrieved November 16, 2008, from http://www.ihialliance.org/news/129-tapping-thehalal-market.html. 94
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industry to discuss, collaborate and promote industry-specific issues and not forgetting the Organization of Islamic Conference’s Trade Preferential System(OIC-TPS) that aimed to create a world free trade zone for Muslim countries. Higher Education. Malaysia is fast becoming a major centre for education in the Asian region. As a Muslim country which socio-cultural closely affiliates to the West Asia region it is well positioned to enhance cooperation in social and educational areas. Malaysia offers quality higher-education at affordable prices. In addition to locally developed programmes that are internationally recognized, a number of Malaysian universities and colleges also provide twining programmes with foreign universities. There has been a tremendous increase in the number of students from West Asia region studying in Malaysia, with current estimate of more than 39,577 in 2003, and 31,288 of those students studied at higher learning institutions.97 The number of West Asian student currently studying in Malaysia is more than 10,000. Fortunately, the government of Qatar is giving added emphasis to education for its citizens. Malaysia invites students from Qatar to pursue their higher education in Malaysia as an alternative to studying in the Western countries. Tourism. Malaysia is well known as a tourist destination. Since 2001, Malaysia has been actively promoting tourism with the Muslim countries. Malaysian government through Ministry of Tourism has highly strived to drew tourists from West Asian and Gulf countries. Tourism is a “ subjective” matter, meaning that choice of tourism destinations still being heavily influence by philosophical factor including cultural and religion bonding. Hence, enhancing the ummah bonding could increase the attractiveness of tourism. Hospitality industries in Malaysia, especially hotels follow halal requirements in their operation making them more tourists friendly to Muslim visitors. Similar case applies to Malaysian Muslim tourists when they visit West Asian countries. According to Professor Har Wai Mun this type of tourism is termed as “halal tourism”,98 in which growth due to the both pull and push factors. He defined push factor as difficulties to obtain visa for West Asian people to visit the West, thus is should be addressd within the ummah network but much detail cooperation from tourism services(airline,
97 98
. The Malaysian Ministry of International Trade and Industry, op.cit. . Har Wai Mun, and other, Malaysia-West Asia Relation, op.cit.
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hotels, food and beverages) to finance need to be sorted out collectively especially in funding it.99 The Malaysian government efforts in attracting foreign tourist so far has been quite successful. In 2003, alone, 10.6 million tourists from all parts of the world visited Malaysia. Total arrivals from West Asia was 80,216.100 In 2013 Qatar tourist who have visited Malaysia were 7264 in number. On 17 October 2010 the Qatar Tourism Authority(QTA) completed its Asian Road show in Kuala Lumpur at Rizt Carlton. QTA has met more than 65 leading tourism and trade professionals in Kuala Lumpur to boost awareness for Qatar’s destination,particularly the MICE( meetings, incentive, convention, exhibition), sport, culture and upscale leisure tourism area. Qatar Tourism Authority chairman , Mr Ahmed Al-Nuaimi stated that : “ the objective of this road show throughout Asia is to strengthen our ties and build new relationship with the tourism and travel professionals in Malaysia including the delegates from other major cities participating in the tour. Through this road show we aim to build network facilitating future businesses in tourism between the state of Qatar and Malaysia”.101 Mr Al-Nuaimi added that Qatar and Malaysia are also two countries that have strong diplomatic relations, and share the same common views affecting the Muslim world”.102 Malaysia is a haven for shopping for a wide range of products including branded items and exquisite local products. A variety of leisure and recreational activities as well family entertainment are also available. In fact, record indicated that tourists from West Asian and Gulf countries have increased almost 100 percent during the 10 years period. It shows that Malaysia has become a favorite holiday destination for many tourists from all parts of the world. According to the Minister of the International Trade and Industry, Malaysia welcome Qatar citizens to participate in ‘Malaysia-My Second Home’ Programme, a programme organized to encourage foreigners to stay in Malaysia. The programme applies to all citizens with no age
99
. Ibid. . The Malaysian Ministry of International Trade, op.cit. 101 . Al-Bawaba News. 2010. “ Qatar Focuses on Travelers from Malaysia: Builds on Existing Business Partnership”, October 18, 2018. Refer to http:// www.albawaba.com/news/qatar-focuses-travelersmalaysia-buil... 102 . Ibid. 100
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limit and participants can also bring along their dependents. Those who qualify can stay in Malaysia as long as the social visit pass with a multiple entry visa permits.103 Oil and Gas. Spearheaded by PETRONAS (the national petroleum company), the oil and gas sector has been a major contributor to the Malaysian economy. This sector has spawned a large number of companies involved in the upstream and downstream operations. Many are already offering their services overseas and among their activities include logistics, environmental management; infrastructure development, refineries, petrochemical plants; engineering and fabrication, production chemicals, and customized components.104 The Qatar Investment Authority (QIA) aware of the importance of cooperation in the energy sector and as well as other strategic sectors, and for that reason QIA signed a MoU with 1 Malaysia Development Berhad (1MDB) at Putrajaya on May 13,2010 . This MoU provides a framework for facilitating investment cooperation between the two entities to explore, evaluate and implement investment opportunities in Malaysia, particularly in the energy sector. On January 28, 2013, the Vice Chairman of Qatar Holding LCC, Mr. Hussain Ali Abdullah in his visit to Kuala Lumpur said that Qatar may invest up to U$ 5 billion in the next three to four years into to the Pengerang Integrated Petroleum Complex in the southern state of Johor.105 This aimed to transform the Southeast Asian nation into a global hub for the oil and gas trade which is expected to be able to accumulate MR 170 billion (U$ 55 .84 billion) in investments by the time it begins operation in 2016.
Conclusion Malaysia current policy towards West Asia is on the right track and therefore there is no hurry for a change. Political relations are good with all the countries in the region and there is no critical issue that may disrupt this relationship. Domestically, there is no pressure from Malaysia’s domestic constituencies to revise or alter the existing foreign policy towards the West Asia. Malaysia is best defined as a broad-based economy led by the manufacturing sector. Other key sectors that contribute to the economy include agricultural, services, ICT and oil and
103
. The Malaysian Ministry of International Trade and Industry, op.cit. . Ibid. 105 . Reuters News Agency. 2013. “ Qatar Invest $ 5 Billion into Malaysia Petroleums Complex”, op.cit. 104
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gas. Companies from West Asia can look for relevant partners in Malaysia for a wide range of business activities. Due to the ease of doing business in Malaysia, West Asian businessmen can be assured that they are dealing with a country that is stable and pro-business government. Malaysia also offers a conducive business environment with sophisticated and well-developed supporting services such as finance, banking, telecommunication and transportation. Malaysia’s international relation is a hidden resource to many global partners but it offers great impact to drive economic growth. However, this hidden treasure has been treated as an endogenous variable in various economic modeling, in which it would not explicitly being captured by the model nor utilized in the real world. Thus, this conceptual study on international relation between Malaysian and West Asia possess the possibility of establishing a virtual but powerful ummah network which could bring mutual benefit to all participating countries. The growing economic link between the West Asian countries and Malaysia represents the increasing economic ties among the Muslim countries. In the meantime, as the West Asian countries are expanding their economic and strategic relation with Southeast Asia, Malaysia is seen as a potential market for the West Asian countries to explore various opportunity in order to diversify their trade portfolios and partners in Southeast Asian countries and vice-versa. Nonetheless, the development of Malaysia-West Asia economic relation faces few challenges which must be recognized and addressed.
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The Embassy of the State of Qatar(n d). ‘ The Achievement of Diplomatic Relations Between Qatar and Malaysia’( Thabi’ah al-‘Alaqat al-Siyasiyyah Bayna Dawlah Qatar Wa Malaysia’(Al-Shuun alSiyasiyyah). Kuala Lumpur: Qatar Embassy. The Free Library By Farlex. 2011. “ Qatari Crown Prince Holds Meeting with Prime Minister of Malaysia”, Doha, January 29, 2011. http://www.the freelibrary.com/Qatari+Crown+Prince+Hold+Meeting with Malaysian Prime Minister… The Malaysian Insider. 2015. “ Malaysia Can Still Draw Investors Despite World Economic Challeges”. Kuala Lumpur: The Malaysian Insider, September 12, 2015. http://www.themalaysianinsider.com/business/article/malaysia-can-stil... The Malaysian Reserve. 2011. “ Takaful Mart: Malaysia’s Stands at No 2”, April 12, 3. See also Islamic Finance News. 2012. “ Saudi Arabia Emerges Top Market for Islamic Investors with 42.4% Share”. March 12. The Official Portal of the Ministry of International Trade and Industry, Malaysia. 2004. “ MalaysiaQatar Business Opportunity”. Kuala Lumpur: Ministry of International Trade and Industry. http://portaluat.miti.gov.my/cms/content.jsp?id=com.tms.cms.article. The Saudi Gazette. 2011. “ GCC, ASEAN Step Plans to Enhance Economic Ties”, July 27, 2011.
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FAMILY TAKAFUL IN BANGLADESH AND ITS OBSTACLES Dr. Issa Khan Senior Lecturer, Director office, Academy of Islamic studies, University of Malaya
[email protected] ,
[email protected] Associate Professor Datin Dr. Noor Naemah Binti Abdul Rahman, and Associate Professor Dr. Mohd Roslan Bin Mohd Nor, Academy of Islamic Studies, University of Malaya. Abstract Even though Bangladesh is globally known for her huge Muslim population, the concept of family Takaful was introduced in the country only few years back with aims, inter alia, to foster Islamic economy in the country. This study aims to explore the obstacles that hinder the success of family Takaful in Bangladesh. Semi-structural interview method was used to collect qualitative data from three different categories of stakeholders i.e. officers, Shariah board members and participants. The study revealed that the government introduced policy and regulations are the main cause due to achieve the optimum success. Business oriented policy of the Takaful companies and mismanagement in running the business have contributed to make the situation worse. Almost inactive and insufficient skill of Shariah board also play negative role. Due to enormous prospect, the research has suggested some strategies to overcome the obstacles for more successful family Takaful business in Bangladesh. It is anticipated that the findings and suggestions derived from this study will assist the policymakers in improving the situation. Researchers and policymakers from other countries can utilise these for comparative analysis triggering to global success of family Takaful. Keywords: Family Takaful, Problems, Government, Company, Shariah Board.
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EDUCATION AND WAR AGAINST TERRORISM: EXPLORING THE VIEWS OF UNIVERSITY STUDENTS Dr. Muhammad Ayub Buzdar Assistant Professor Department of Education, Government College University Faisalabad, Pakistan
[email protected] Dr. Riaz Ul Haq Tariq Chairman National Accreditation Council for Teacher Education (NACTE), Islamabad, Pakistan Abstract Pakistani society is facing massive challenges of extremism and terrorism in the country. Education as a change agent can play a decisive role in these efforts. In the current study, we explored the perceptions of university students about the role of higher education system in war against terrorism. Major purpose of the study was to examine how curricula and teachers at university level respond terrorism. 3875 students enrolled in 16 public and private sector universities across the country participated in the study. We developed a Likert type (5 point scale) 58 items close ended opinionnaire to collect the information. Focus of the instrument was on investigating students’ awareness of the issue and causes of terrorism in Pakistani context. Students’ perceptions about the potential of universities to counter terrorism and extremism on intellectual grounds were also inquired. Findings of the study demonstrate that students are aware of the issue and its causes in Pakistani context but they do not widely support that our universities have potential to combat terrorism intellectually. Students recommend revision in curricula shifting its direction toward more liberal and democratic education system. Similarly teachers’ training was also recommended by the students to develop a united discourse in war against terrorism.
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A TALE OF TWO TERRORS: A COMPARATIVE ANALYSIS OF THE ISLAMIC STATE (IS) AND BOKO HARAM Dr. Osman Antwi-Boateng
[email protected] Abstract This research analyzes the similarities and differences between The Islamic State (IS) and Boko Haram in order to enrich the growing debate on the threat they pose to international security. Using the relative deprivation theory, the research argues that both groups are similar in their use of radical Islamic ideology to mobilize political, economic and socially aggrieved communities towards violence via hybrid warfare against status quo forces deemed unjust. However, they differ in their strategic goal, organizational structure, membership, financing and capabilities. These differences stem from the different strategic outlook of the two groups with Boko Haram more focused on change in Nigeria and its immediate environs while IS has an ambitious global agenda of an Islamic Caliphate. Keywords: Boko Haram, Islamic State, Terrorism, Hybrid Warfare, Relative Deprivation
Introduction: Ever since the dastardly 9/11 attack on the World Trade Center in New York by Al-Qaeda, multiple Islamic terrorist organizations have emerged in different theatres of the world all motivated by radical Islamic ideology that seek to challenge the Westphalia state model and replace it with an Islamic theocracy based on Sharia Law. Although the phenomenon of Islamic terrorism is not new, the shear intensity and scope of their activities and reach continue to confound international and domestic policy makers. For example a 2014 report by the Institute for Economics and Peace ranked Boko Haram the “most deadly terrorist group in the world” based on the number of people killed, followed by IS. There is a raging debate among scholars and analysts as to whether Boko Haram can be classified as an international terrorist organization and a global threat as IS. These competing views are represented by Karmon (2014) who cites Boko Haram’s 2011 car bombing of the UN headquarters in Nigeria and kidnapping of Western hostages as proof of Boko Haram’s international threat. On the other hand, Oftedal (2013) dismisses Boko Haram’s international threat by arguing that the group only poses a threat to Nigeria and its neighbors based on the geography of the attacks and its emphasis on domestic grievances. However, a third perspective represented by Pham (2016) has emerged. He argues that unlike IS, Boko Haram is an evolving international threat that demands international attention nevertheless. Pham (2016) points out that although IS has proclaimed Boko Haram as the “Islamic Sate West Africa Province” (ISWAP) the relationship has not moved beyond the rhetoric and cyber declaration of mutual moral support to operational support. This research concurs with the latter perspective based on the differences between the two as defined by the local focus of Boko Haram vis-a-vis IS’s global Caliphate project. In policy terms, Boko Haram has not attracted the same intense great power interest as IS. This is mainly because the western great powers led by the U.S view Boko Haram more as a Nigerian/West African problem in view of the fact that Boko Haram does not have a broad international reach in terms of its targets, recruitment and the capabilities for international terrorism. According to a Stratfor 2014 report, “The West has offered no real response to Boko Haram, preferring instead to support its African allies indirectly through intelligence sharing and logistical assistance. The United States and Europe consider Boko Haram a local Nigerian issue 189
that does not threaten U.S. or European national security, and so they will continue to be somewhat ambivalent.” This research seeks to enrich the aforementioned debate and generate more insights about the two terrorist groups for deeper theoretical understandings of Islamic terrorism and for better policy guidance in dealing with the phenomenon of terrorism. Thus using the comparative method, this research seeks to answer the following question: How does IS and Boko Haram compare with each other as terrorist organizations? The research argues that although, they both share similar domestic grievances that drives the aggrieved towards them and employ similar terror tactics, they differ in many ways such as their strategic goal, organizational, membership, financing and capabilities. These difference stem from the different strategic outlook of the two groups with Boko Haram more focused on change in Nigeria and its immediate environ while IS has a greater global agenda of an Islamic Caliphate. The paper is organized as follows: theoretical framework, literature review, similarities, differences and conclusion. Conceptual and Theoretical Framework There is no international consensus on the definition of terrorism among scholars, states, international organizations and even among the terrorist themselves (Tuman, 2003). This is because issues of terrorism are emotionally charged and highly political owing to the fact that one man’s hero can be another’s terrorist. However, because ISIS and Boko Haram use terrorism for political gains as in seeking to establish Islamic rule in place of the status quo this research defines terrorism as “the use or the threatened use of force designed to bring about a political change” (Tuman, 2003). There are different types of terrorism but for the sake of this research which focuses on two terror groups that claim their raison d'être on a religious ideology, the research is anchored in the definition of religious terrorism as follows: “A type of political violence motivated by “an absolute belief that an otherworldly power has sanctioned—and commanded—terrorist violence for the greater glory of the faith. Acts committed in the name of the faith will be forgiven by the otherworldly power and perhaps rewarded in an afterlife. In essence, one’s religious faith legitimizes violence as long as such violence is an expression of the will of one’s deity” (Martin, 2012: 130). Several untested explanations abound on the causes of terrorism but this research in grounded in Gurr’s (1970) relative deprivation theory to explain the circumstances that leads to the emergence of groups such as IS and Boko Haram because of its emphasis on group violence. Gurr (1970) used relative deprivation to explain the political violence that arises when people feel that they have been denied a benefit or right that they deserve or are entitled to. This feeling of denial is further compounded when they compare their circumstances with others around them and realize that others are better-off than them. According to Gurr (1970:24) “The potential for collective violence varies strongly with the intensity and scope of relative deprivation among members of a collectivity” as "Men are quick to aspire beyond their social means and quick to anger when those means prove inadequate, but slow to accept their limitations" (Gurr 1970: 58).
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Methodology: This research utilizes the comparative case method to examine two of the most prominent Islamic terrorist organizations in contemporary times, in an attempt to discover patterns, similarities and contrasts in their aims, organizational and operational structure and modus operandi. Such a task can only be achieved via a qualitative method which enables the collection and analysis of information from a small pool of cases (Burnham et al, 2008:40). Collier (1993:105) posits that “this focus on a small number of cases is adopted because there exist relatively few instances of the phenomenon under consideration that exhibit the attributes of interest to the analysis.” As a result of the obvious difficulties in gaining access to the leadership and members of the two terrorist organizations and time constraints, the study relies on primary information in the public domain gained from government agencies and media pronouncements by the terrorists, archival sources and existing secondary sources in an attempt to discover new insights about the brand of Islamic terrorism espoused by these two terror cases. Lijphart (1971:685) has observed, that “Given inevitable scarcity of time, energy and financial resources, the intensive analysis of a few cases may be more promising than the superficial statistical analysis of many cases.” Literature Review: Origin of Boko Haram and IS Although, the world has come to know Boko Haram as the dreaded terrorist organization, the group prefers to be called its Arabic name Jama'atu Ahlissunnah lidda'awati wal Jihad, which means 'People Committed to the Propagation of the Prophet's Teachings and Jihad' (Onuoha, 2012:136) and finds their labeling as “Boko Haram” which loosely translates in Hausa as “Western Education is a sin” (Boyle, 2009) to be pejorative.The goal of the group is the overthrow of the Nigerian state and the implementation of Sharia law across the entire country in order to cleanse Nigeria from what they consider to be its affliction with western education and social vices (Ibid). The ideological philosophy of the Boko Haram is rooted in the practice of strict Islamic orthodoxy which in their interpretation prohibits Western education and working in the civil service (Boyle, 2009). The group draws its ideological baring from their interpretation of a Quranic verse which says that “Anyone who is not governed by what Allah has revealed is among the transgressors” (Chothia, 2011). Islamic State (IS) The Islamic State as the group prefers to be called has undergone several name changes since its formation in April 2013 as the Islamic State of Iraq and Syria (ISIS). It is sometimes referred in the media as the Islamic State of Iraq and the Levant (ISIL) but nevertheless, the group refers to itself as the Islamic State (IS) in the aftermath of the Caliphate declaration in June. 2014.Thus, the name “Islamic State” (IS) is used in this research for the sake of consistency. According to a BBC report, the group was originally formed in April 2013 and emerged out of Al Qaeda in Iraq (AQI) (BBC, 2014). The Al Qaeda-IS link is further corroborated by a November, 2014 video released by IS which “acknowledged Abu Musa’b al Zarqawi, the brutal head of al-Qaeda in Iraq from roughly 2003 until his killing in 2006, as a more immediate progenitor, followed sequentially by two other guerrilla leaders before Baghdadi, the caliph” (Wood, 2015). Ideologically it is a militant Salafist jihadist group that follows a very fundamentalist Wahhabi doctrine of Islam (Al Ibrahim, 2014). In June 2014, the group started referring to itself as the Islamic State (IS) after declaring all territory under its control as a Caliphate for all Muslims worldwide. The group’s leader Abu Bakr Baghdadi in an announcement declared himself the Caliph (Roggio, 2014). In pursuance of its Caliphatehood, The Islamic State (IS) has adopted a
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territorial expansionist goal where the group seizes territory, consolidate it and expands. This is epitomized by the group’s motto which is “Remaining and Expanding.” (Joscelyn, 2015). Islamic State (IS) and Boko Haram Link? Pham (2016), has observed an increasing scenario of Boko Haram and ISIS collaboration not only symbolism and ideology but in insurgency doctrine as well. This conclusion is informed by a number of collaborative declarations and actions. First is the 2015 pledge of alliance of Boko Haram to IS and subsequent rebranding as the “Islamic State of West Province” (ISWAP). This has been followed up by an increased pace in virtual exchanges from Boko Haram’s leader Abubakar Shekau as well as the group incorporating IS’s black jihadist banner and de facto anthem, “My Umma, Dawn has Arrived” in its video releases. In a mutual nod to each other, the two groups have credited each other for certain actions they have undertaken. For example, IS’s publication, Dabiq cited Boko Haram’s kidnap of the Chibok school girls as a precedent for its enslavement and sexual abuse of Yazidi women. In addition, Boko Haram has also taken a cue from IS’ sectarian strife play book by also attacking Nigeria’s small Shia minority group. Furthermore, both groups have now abandoned their hit and run guerrilla tactics by now seizing and holding onto land (Pham, 2016). Similarities: Grievances Galore Based on the theory of relative deprivation, it is no coincidence that political violence has emerged among highly indignant northerners in Nigeria who are the most impoverished in the country and Sunni’s in Iraq who feel marginalized by the Shiite led government. In the two communities, the most organized groups tend to be the radical Islamic ideologues who tap into the groundswell of disenfranchisement by offering them a radical solution. As Forest (2012:10) has observed, “the likelihood of ideological resonance is greater when members of a community are desperate for justice, social agency, human dignity, a sense of belonging, or positive identity when surrounded by a variety of depressingly negative environmental conditions.” Political Grievances The unequal distribution of power at the local, national or international levels breeds resentment and fuels a perception of “us versus them” among the disenchanted community which can be capitalized upon by terrorist groups who thrive on such grievances (Forest, 2012:5). Nigeria and Iraq the birth place of Boko Haram and IS are archetypal cases of political grievances being exploited by violent groups. In the case of the predominantly Muslim northern Nigeria, they have experienced the erosion of their political clout with the fall of the Sokoto Caliphate which used to be dominant in West Africa and their subsequent domination by colonialism, military regimes and the current secular democratic dispensation (Forest, 2012:5) It is therefore not surprising that the Boko Haram insurgency peeked during the presidency of a Christian president, Goodluck Jonathan who was roundly rejected by the entire northern Nigeria during his 2011 re-election. (Forest, 2012:8). This situation is compounded by a high rate of poverty, illiteracy and unemployment which has diminished the capabilities of the people of the north relative to their southern counterparts, a sentiment that Boko Haram has tapped into. Gurr (1970:47) describes such a situation whereby value expectations remain the same in the midst of declining capabilities as “decremental deprivation.” The same situation has happened in Iraq whereby, the Sunni Iraqis who once dominated political and economic power in Iraq during the reign of Saddam Hussein suddenly find themselves on the margins of power with the Shiites using their numerical advantage to win elections in a zero sum game of politics. However, the Iraqi case falls under Gurr’s (1970:53) classification of “progressive deprivation” because Iraqi Sunni did not anticipate such a precipitous
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fall from political power as their capabilities to hold on was greatly diminished in the aftermath of the U.S invasion of Iraq in 2003. This feeling of political dispossession among Iraqi Sunnis, explains the appeal of IS among a segment of the latter. Economic Grievances In both Nigeria and Iraq, while oil remains the largest foreign exchange earner and contributor to the GDP, decades of wanton corruption, economic mismanagement and misplaced priorities has denied millions the economic benefits of the oil revenues leading to a sea of discontent and hopelessness. The World Bank (2013) has warned that “Despite its abundant oil resources, Iraq lacks the capacities to use the revenues from oil for the maximum benefit of its population.” Indeed, Iraq has a checkered history in terms of the management of its oil revenues with Saddam dabbling in two costly wars with Iran and invading Kuwait and embarking on a clandestine Weapons of Mass Destruction program with its attendant costly international consequences. Currently, Cordesman (2014) laments the economic discrimination against Sunnis by the ruling Shite elites which fuels the instability in Iraq. Having elites from the same community in power does not translate into fair distribution of wealth and the placation of the communities that produces these elites. Citing the case of Nigeria, Onuoha (2012:140) argues that although political leadership has been dominated by Nigeria’s northern elites since independence they failed to address the disproportionately high levels of poverty in northern Nigeria. Isaacs (2003) believes such high levels of poverty has alienated many young Northerners who have become skeptical about a system that has brought them little benefit but rather served the interests of the ruling elites. Social Grievances Societies where people feel discriminated against in the allocation of public goods such as social services or jobs are bound to have many aggrieved people especially if the discrimination is viewed as targeted. Thus communities that feel targeted are more likely to be enticed by extremist groups such as IS an Boko Haram who promise justice and restoration of rights. For example, there is an overwhelming perception among northerners in Nigeria that “the wealthy elite throughout the country tend to be Christian, while the most impoverished communities in the country are found among the Hausa, Fulani, Kanuri, and other northern groups-all of them primarily Muslim” (Forest, 12:56). Such disparities, fuels into Boko Haram narrative for the need to seek justice via violent jihad. One of the worse policies that had dire consequences on the security of Iraq was the U.S backed “De-Baathification policy” which sought to purge mostly Sunnis deemed to be loyal to Saddam Hussein from the army and public sector/civil service. Many of these people felt targeted and could not accept the preferential treatment that their Shiite counterparts were receiving and thus ended up as IS recruits out of grief. Furthermore, in Iraq many Sunnis from within which IS recruits “are locked out of key jobs at universities and in government, their leaders barred from cabinet meetings or even marked as fugitives” (Associated Press. 2012). The absence of basic social amenities and the unequal distribution and access to basic social services generates grievances in affected communities that could be exploited by terrorist groups such as Boko Haram and IS. Agbiboa (2013:148) has observed that although the primary goal of Boko Haram is the takeover of the Nigerian state and the imposition of Sharia law, the high levels of poverty and youthful unemployment cannot be disregarded (Isa, 2010:329).
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Tactical Similarities: Hybrid Warriors The Islamic State (IS) and Boko Haram are both engaged in an asymmetric warfare defined as “the use of random/unpredictable violence by a weak group (i.e., one with a smaller force) against a stronger power (i.e., military, government, or even society in general) to gain advantage. Asymmetrical warfare is fought between grossly unequal sides. The less powerful force does not attack the more powerful force under the conventional rules of war because it cannot win by following these tactics” (Matusitz, 2013:5). Under this type of warfare, the weaker sides such as IS and Haram, employ “hybrid” tactics that includes both conventional and unconventional tactics against a much formidable enemy such as the U.S led international coalition and the Nigeria government respectively. These tactics are erringly similar and are discussed below. Attack on Security Installations A major part of the modus operandi of IS and Boko Haram is attacking military installations such as military barracks, police stations, recruitment centers and check points, prisons etc. Such attacks are usually carried out stealthily and in spectacular fashion to inflict the most damage and casualty in order to garner as much as public attention as possible. Security installations are high value targets for terrorist organizations because of their centrality in legitimizing state authority. Thus, a blow against them not only demoralizes security agents of the state, it sends a message to the general public that if government cannot protect its forces, it surely cannot protect defenseless citizens. Furthermore, terrorist groups such as IS and Boko Haram attack security installations in order to seizes weapons and also to free their members that may be held there. According to Look and Haruna (2015) Boko Haram not only successfully attacked the border town of Baga in north eastern Nigeria which happened to be the headquarters of the fourcountry anti-terrorism joint task force, they hoisted their black flag over the town in a symbolic blow to the government. Similarly, after a 2014 seizure of the third largest military base in Western Iraq, the IS “seized the contents of the base and the training camp, including tanks, heavy weapons, munitions and stores, as well as spare parts and different military supplies” (Mamoun, 2014). Territorial Conquest and Control Both IS and Boko Haram share the tactics of capturing and holding on to territories with the latter evolving towards this strategy after drawing inspiration from the former’s territorial conquest strategy. Buttressing this point Pham (2016) has observed that “both groups shed their previous hit-and-run guerilla tactics in favor of seizing and holding increasingly large chunks of territory.” According to Byman (2014) at the height of ISIS’s prowess in 2014, it controlled territory larger than Israel which included, oil fields, electricity generating infrastructure, small manufacturing zones and weapons depots some of which contained arms supplied by the U.S. Such territorial control provided a base for IS to train, recruit and served as an operational launching pad (Byman, 2014). Similarly, Pham (2016) has observed that by also capturing and holding onto territory, Boko Haram was able to “set up a number of bases in the territory where hundreds of its recruits received ideological instruction, weapons and other training. This cadre subsequently raised the tactical sophistication and operational tempo of Boko Haram’s attacks in Nigeria, elevating the group to the level of full-fledged insurgency” (Pham, 2016). Suicide Terrorism Suicide terrorism is deemed the most horrifying and violent terrorist tactic used in today’s world. Although suicide bombing account for a minority of all terrorist operations, it accounts for the majority of terrorism-related causalities, and the rate of these attacks is increasing rapidly worldwide (Atran, 2006). Both IS and Boko Haram employ the tactic of suicide bombing as part of their terror repertoire because of what Pape (2003) has dubbed the “strategic logic of suicide
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terrorism.” Pape has established a link between fierce territorial battles and suicide terrorism by arguing that suicide terrorism is a reactive strategy by terrorist groups in a territorial fight against a competing entity in an attempt to establish a monopoly of force and political authority over a prized territory (Friedman, 2016). Furthermore, Pape argues that suicide terrorism are particularly effective in achieving two goals. First is to “to coerce the target government to pull back its military forces, and suicide attacks kill more people—it’s the lung cancer of terrorism—than non-suicide attacks by a factor of ten.” Second, in the regions within which the terrorists operate, “suicide attacks are excellent against security targets to hold territory…Suicide attacks are a way to level that tactical advantage,” (Friedman, 2016). Buttressing this point further, Pape posits that this explains why during a May 2015 battle for the Iraqi city of Ramada, IS employed an array of strategies that involved complex suicide bombings in tandem with other non-suicide attacks all in attempt to seize and hold territory against competing forces (Friedman, 2016). In Nigeria, Boko Haram has undertaken a new trend in terror, which is the feminization of terrorism, in which the group has used young girls as vanguards of terror. Females are being used for such operation due to the lack of suspicion they arouse in populous areas, such as local markets or schools which they can easily blend in. Moreover, Boko Haram has exploited the conservative characteristic of the Muslim society in the north to their advantage, because the Islamic religion prohibits men from frisking women. Thus the group occasionally uses women in hijab to convey and hide explosives for suicide missions (Onuoha, 2015). Kidnappings, Beheadings and Ransom Demand Weak actors such as IS and Boko Haram aware of their severe military disadvantages against powerful state armies and international military coalitions are increasingly resorting to unconventional tactics such as hostage taking and kidnapping as a way of revenge. In addition, kidnapping and hostage taking is becoming one of the most common money-making and attention pulling weapons in the modern terrorist arsenal (Yun, 2007). Furthermore, by displaying the graphic murder of their victims via the Internet and online videos, the terrorists are able to mount an international media spectacle for strategic effect. The killing of noncombatants can strike fear into the general public and weaken the resolve of the supporters of war on terrorism. Terrorist beheadings are deliberately painful and heinous to achieve dramatic results. When hostages are taken the nationality of the victims dictates their fate, whereby hostages are divided into two categories; those worth demanding ransoms for and entering into negotiations for, and those who will be executed or videotaped for terrorizing effect (Jones, 2005). Pham (2016) has observed that Boko Haram does not limit its kidnapping for ransom to only “higher profile foreign nationals, but hundreds, if not thousands, of Nigerians whose families have had to offer modest payments, with most on the order of $10,000-$20,000.” Similarly, IS has been able to command millions of dollars in ransom by relying on its fearsome reputation of barbarity. For example, in February of 2016, ISIS released 230 Assyrian Christians kidnapped in Syria it had held for over a year after Assyrian business men and the Assyrian Church paid $25-30 million in ransom money (Associated Press, 2016). Sexual Violence Against Women IS and Boko Haram both use sexual violence against women and anti-women’s rules as part of their modus operandi. The World Health Organization defines sexual violence as “any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to
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traffic, or otherwise directed, against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work.” (World Health Organization, 2014). These terrorist organizations have gone to the extent of using Islamic theology to justify their violence against women. IS has particularly gained notoriety for its institutionalization of sexual violence against Yazidi women whom they claim as non-believers, fall under the spoils of war under Sharia law classifications (Reuters, 2014). Boko Haram has adopted an ultra-Salafi ideology, that view women as subordinate to men and perceive Christian women in particular, as infidels. In 2012, Boko Haram distributed videos and booklets and delivered sermons in northern Nigeria, calling for the denial of girls from modern education and threatened to kidnap infidel girls as slaves. As a result, the group undertook several kidnapping operations on girl schools in which the hostages toll ranged from as little as 2 girls to as many as 200 girls in each attack. These kidnapped women in Boko Haram camps are being subjected to sexual violence, forced into marriages, killing, maimed, converting to Islam or even recruiting into the group (Maiangwa, and Agbiboa, Daniel 2014). Attack on Western/Secular Symbols IS and Boko Haram share an ideological antipathy towards westernization and western culture, which they view as having a corrupting impact on Muslim societies because of its attendant moral decadence. This ideological motivation has led to a systematic campaign against symbols and targets they perceive to be representing western culture or civilization. For example, in 2015, IS ordered school closures in three provinces pending a review of the school curriculum to conform with Islamic teachings, a move which affected about 670,000 Syrian school children (Reuters, 2015). Boko Haram fares worst in this regard by deliberately targeting schools and burning them down. According to a Human Rights Watch Report (2016) titled “They Set the Classrooms on Fire” “between 2009 and 2015, attacks in northeastern Nigeria destroyed more than 910 schools and forced at least 1,500 to close. By early 2016, an estimated 952,029 school-age children had fled the violence.” In addition, motivated by a fundamentalist Islamic interpretation of combating “Shirk” which loosely translates as idolatry, both IS and Boko Haram have attacked symbols such as tombs, shrines, churches, monuments etc. The most egregious example of such attacks is IS’s destruction of the UNESCO Heritage site of Palmyra Temple in Syria. Extra Judicial Enforcements and Killings After territorial capture comes governance and both IS and Boko Haram administer territories under their control via extreme brutality. They enforce their extreme interpretation of Sharia via extra judicial killings for the most mundane “offenses”. Pham (2016) points out that just as it’s IS counterpart, wherever it seizes control, Boko Haram raises its black jihadist flag on public buildings and brutalizes anyone who fails to conform to their strict interpretation of Sharia Law. For example, “In Yobe State, people caught smoking cigarettes were summarily executed. In Borno State, the spokesman for the Roman Catholic Diocese of Maiduguri told journalists that the insurgents were beheading men who refused to convert to Islam and forcing their widows to covert and marry militants” (Pham, 2016). Stoking of Sectarian Conflict IS has perfected the strategy of stoking sectarian conflict in Iraq and Syria by positioning itself as the guardians of oppressed Sunnis living under Iranian-back Shiite dominated countries such as Iraq and Syria. “Indeed, ISIS sees the struggles in both countries as parts of a larger grand struggle against apostate-dominated regimes (Shiite in Iraq, Alawite in Syria) backed by Iran and the Lebanese Hezbollah” (Byman, 2014). IS stokes sectarian conflict by attacking Shiite religious sites and places of worship, populated Shiite public spaces such as markets, schools and military
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camps. The intention behind such acts is to provoke unpopular retaliatory actions from the opposite side and thereby offer IS the opportunity to rally the Sunni faithful into a preexisting narrative of fighting the murderous “apostates and infidels.” Boko Haram draws inspiration from IS by stoking sectarian conflict in Nigeria by targeting the country’s small Shiite minority (Pham, 2016). Unlike Iraq where the fault lines of religious strive lies between Shiites and Sunnis, in Nigeria, it lies between the predominately Muslim north and Christian south of the country. Hence, for Boko Haram, Christians living in their midst are their source of sectarian ire and they have gone after them with vengeance with a series of targeted bombings of their places of worship. Available data indicates that in August 2014 alone, Boko Haram destroyed more than 178 churches (Open Doors, 2014). In a statement lamenting the vicious attacks on Nigerian Christians, the General Secretary of the Christian Association of Nigeria, Reverend Musa Asaka posited that “Indeed, statistics released by international agencies shows that more Christians were killed in Nigeria in 2012 alone, for their faith than the rest of the world combined” (Fatunmole and Ajayi, 2013). Elimination of Moderates There is no tolerance for moderates in IS and Boko Haram’s world view even within their Sunni community. The two groups reserves some of the harshest retribution against people perceived as moderates or people who question their ideology and modus operandi. According to Byman (2014) IS “also targets Sunni Muslims, if the group believes that they are insufficiently zealous or have collaborated with the United States or its allies, including the current Iraqi government.” In addition, to serve as a deterrent for moderates, IS sometimes crucifies fellow Muslims and publicly hangs their bodies as a warning. Such barbarity even shocked the conscience of Al Qaeda’s leader, Ayman Zawahiri who one time issued a formal condemnation (Byman, 2014). A report by the United States Commission for International Religious Freedom (USCIRF) has also documented similar intra-faith reprisals by Boko Haram by pointing out that “Clerics or senior Islamic figures critical of Boko Haram were attacked in 23 separate incidents, killing at least 60 people” (Christian Today, 2011). Multi-Media Strategy The Islam State has become a global phenomenon in the realm of terrorist media production and propaganda. Although the structure and competitiveness of the media industry have influenced media attention to the Islamic State, the organization has been successful in attributing equal emphasis on media projection along with military efforts. IS have utilized several social media sites, such as YouTube, Instagram and Facebook. However, Twitter is considered to be the largest source of propaganda input by the organization. The main appeal of Twitter, is the difficulty for governmental authorities to permanently eliminate their messages and accounts. Hence, Twitter is widely used by many terrorist groups as the official media outlet of their organization (Green, 2015). Another Media tool, is the Dabq, which is a standardized magazine published by the organization, that contains current events, informative articles, photo reports about matters related to IS. In addition, the group uses pamphlets, which are hard-copy propaganda that have been handed to Muslims in London to encourage them to move to areas under the control of the Islamic State in Iraq and Syria. Another important and big part of the IS’s propaganda campaign is the use of propaganda videos, that spread through social media sites such as YouTube and Twitter. These videos range from an hour long documentaries, to short videos showing the execution of captives (Greene, 2015).
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Although, Boko Haram does not have the media sophistication of IS, recently, there is evidence that the group is following in the footstep of IS and even receiving technical assistance to reboot its media operations. A BBC (2015) report cited the launching of Boko Haram’s twitter feed and the level of its sophistication as evidence of IS collaboration. The report also indicated that "the increased sophistication and organization of the propaganda that followed the launch of the Twitter account bore signs of the influence of IS, which has honed its social media exploitation over the past year …and the use of multiple languages and well-presented subtitles - using English, Arabic, French and Hausa - suggested the group may have had outside help from IS media operatives” (BBC, 2015). Differences Between IS and Boko Haram Strategic Difference While both IS and Boko Haram share the strategic goal of introducing Islamic rule in their various spheres of influence they differ in scope and ambition. For Boko Haram, their strategic goal is the introduction of Islamic governance in the whole of Nigeria in place of the current secular and democratic system. IS has a much more expansive goal of establishing a global Caliphate for all Muslims beyond the boundaries of their home base of Iraq. This Caliphate will be akin to the 6th century during the time of Prophet Muhammad and his immediate successors. IS envisions, Iraq as the nerve center of this Caliphate where the leader in the form of a Khalifa will preside over the “Ummah”. McFate (2015) believes that “IS is framing its strategy across three geographic rings: the Interior Ring in the Levant, the Near Abroad in the wider Middle East and North Africa, and the Far Abroad in Europe, Asia, and the United States. IS’s strategic framework corresponds to a campaign with three overarching goals: to defend inside Iraq and Syria; to expand operations regionally, and to disrupt and recruit on a global scale.” The strategic differences between the two groups have shaped their organizational, membership and financial drive as well as their capabilities which are further discussed below. Organizational Structure. According to Matusitz (2013:5), terrorist organizations have varied organizational structures that may include an identifiable high command, a horizontal structure with unidentifiable leadership with vague roles or a cell structure with loosely affiliated members encouraged to be lone rangers. The same applies to IS and Boko Haram. Indeed, evidence abounds that IS with its global ambitions has taken a cue from Al Qaeda’s hierarchical organizational structure which is aimed at ensuring more discipline in a multinational terrorist organization. A Rand Corporation study argues that IS has taken a cue from Al Qaeda organizational structure which is vertically integrated with a hierarchical management structure and functional bureau. This structure is replicated at the local levels with substantial level of autonomy in the execution of the group’s strategic goals. However, each local jurisdiction is required to send periodic reports about its operational, financial, logistical and personnel status to the group’s overall hierarchy (Johnston et al, 2016: XVi). In contrast, Boko Haram with its narrow focus on change in Nigeria and primordial membership has a more decentralized and layered organizational structure. Thus it draws membership primarily from sympathetic Islamists from north eastern Nigeria, northern state institutions and government and military establishments. At the apex of this decentralized organization is Abubakar Shekau who wields final decision making powers with the support of the groups highest decision making body known as the Shura Council. The council is made up of 30 members and overseas the various decentralized cells. There are also specialized operationalized departments below the Shura Council responsible for carry out various tactical operations that
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ranges from suicide bombings, kidnappings, intelligence gathering, recruitment and bomb making. Boko Haram also has departments that focuses on medical needs of its members and their families as well public affairs department responsible for propaganda. The organizational fluidity of Boko Haram ensures a high level of operational security outside the Shura Council. Typically, different cells are unaware of the activities of the other (Strafor, 2014). Membership: Recruitment: International Recruitment versus Local Recruitment While Boko Haram is predominantly a pan-ethnic regional organization in terms of membership, IS, is an international terrorist organization with membership from different nationalities. Boko Haram’s membership is primarily drawn from the Kanuri and Hausa Fulani ethnic groups which constitute 4% and 29 percent of Nigeria’s population respectively (Forest, 2012:1) and spills into neighboring states such as Niger, Chad and Cameroon. On the other hand, IS has a far more diverse international membership base. According to Barret (2014), IS has identified 25 countries whose citizens or residents have joined the group. Citizens or residents from as much as 57 countries are reported to have joined IS per estimates. Furthermore, in Syria and Iraq, IS’s success in recruiting can be traced back to its effective virtual propaganda machinery. The declaration of Caliphate and the early military victories made the organization seem more legitimate and stronger and this has boosted recruitment and made it more effective. IS has a significant global presence in the social media arena that is sustained by their manpower in which the organization’s well educated and trained foreign fighters with the requisite technical and linguistic skills have made their success clearly evident. (Gates and Podder, 2015). Unlike IS, Boko Haram’s membership is made up of poorly educated and unskilled foot soldiers who lack the linguistic and technical dexterity of IS’s membership. Financing: Transnational Financing versus local/regional financing Comparatively, IS has more financial resources than Boko Haram that enables it to finance its transnational terror activities. This is largely because IS has better sources of funding than Boko Haram because of the relatively better socio-economic circumstances of its “Ummah ”in Iraq, the MENA region and internationally. The relative richer environment within which IS operates from enables it to raise money from a much more diverse source. In addition, the environment within which IS emerged, provides a better source of financial extraction and fundraising than Boko Haram’s wretched circumstances. Levitt (2014) has observed that IS’s finances depend on oil smuggling, criminal enterprise, deep pockets of major donors and kidnap-for-ransom payments and many more. IS is considered as the world’s best-funded terrorist organization, in which at the height of its ascendency, the organization had a daily income of around $3millions from oil smuggling. By this standard, IS’s income was more than many small nations, including Marshall Islands and Tonga. This income was vital for the existence of group, since it helped the group maintain and supply equipment, expand their propaganda campaign, pay salaries for fighters and manage civilian infrastructure and administration. Prior to the international coalition against IS, the group controlled about 350 oil wells in Iraq and 60% of the Syrian oil fields (Levitt, 2014). However, an emerging financial profile of Boko Haram indicates that unlike its IS counterpart which has successfully raised millions to finance its terror campaigns by appropriating valuable oil assets in both Iraq and Syria, Boko Haram has been forced to depend on less lavish sources such as wealthy sympathizers from its insular community, bank robbery and dividends from their partnership with some Al Qaeda affiliates. This is because although Nigeria is an oil producing country as Iraq, the country unlike Iraq is too big and its oil resources are located far
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away from Boko Haram strongholds to be easily appropriated. Thus Boko Haram has resorted to raising money from powerful and wealthy individuals some of which even held political power such as a former Kano State Governor Ibrahim Shekarau and Isa Yuguda, a former Bauchi State Governor who was alleged to be paying Boko Haram members monthly stipends (Abgiboa, 2013:148). Differences in Capabilities As a result of the vast financial disparity between IS and Boko Haram, there are bound to be military/terror capabilities disparities between the two, with the more financially endowed IS having a superior capability than its West African counterpart. For example, initially, IS as a guerrilla army proved itself as a skilled battlefield scavenger. Prior to 2012, the group had zero to little heavy weaponry. However, after continuous battles and areas captured, IS emerged successful in amassing an arsenal that its rivals in Iraqi Shia and Kurdish forces have failed to match, until receiving extensive aid from Iranian, European and US stockpiles. Tactically, the summer of 2014 represents a major turning point for IS as the group was able to capture significant weaponry from several Iraqi divisions, along with spoils from the Syrian military base at Al-Tabqa. The capture contained significant amount of American and Russian made heavy weaponry, such as man-portable anti-aircraft missiles and guided anti-tank, Humvees, artillery and Russian T-55s and T-72s tanks and several American Abrams M1A1s tanks (Fromson and Simon, 2015). These IS’s gains have led the Kurdish forces and Shia Iraqi to be outgunned, in a time where IS was distributing these spoils along the spacious territories it controls. IS has organized parades in the street of its territories in Iraq to show off the weapons they have took from the Iraqi army and such tactics may sow fears among the group’s rivals along with driving recruits to the group. IS has achieved its local superiority through its hybrid style in warfare, in which the sophisticated weapons that the group claimed, played a significant role in the evolution of the group’s offensive operations, mobility and the element of surprise (Fromson and Simon, 2015). On the other hand, Boko Haram’s repertoire ranges from traditional bombs such as hand grenades and small arms to Vehicle-Born Improvised Explosive Devices, Molotov cocktails and simple Improvised Explosive Devices. The security situation in Nigeria is worsened by the overflow of bombings that claim lives and destroy properties. As Boko Haram’s arsenal gets more sophisticated, and it’s attack capabilities evolves rapidly, stopping the group gets even harder and harder. The group’s competent internal bomb making suggests that it is either stealing explosives from mining companies or has somehow been able to buy these explosive using front companies. At the very least, however, the group’s limited arsenal suggest that the threat Boko Haram poses is only regional in nature, in which recent attacks indicate that development in deploying its IEDs and suicide operatives need to be done in order for the groups to evolve in its operations. More so, Boko Haram has yet to demonstrate an ability to work outside its traditional operational areas. Until Boko Haram master those skills and jumps into more unconventional and untraditional weaponry, the group will remain regional, albeit deadly threat (Okpaga, Ugwu and Okechkwu 2012).
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Conclusions: This research concludes, that although Boko Haram and IS share similar ideological foundations which enables them to exploit their respective environmental grievances towards violence and employ similar hybrid warfare tactics, they are significantly different in many ways. These differences are fomented by the provisional focus of Boko Haram versus IS’s global Caliphate agenda. The differences are as follows: First, strategically, IS has a more ambitious panIslamic agenda of establishing a global Islamic Caliphate while Boko Haram has the singular goal of establishing Islamic rule in Nigeria. Second, IS’s hierarchical organizational structure is aimed at instilling discipline in a multinational force pursuing a transnational objective while Boko Haram’s decentralized organizational structure is aimed at achieving a localized objective. Third, in terms of membership, while IS has a multinational membership base, Boko Haram has a limited pan-ethnic membership base. Fourth, IS has an extensive and diverse source of fundraising within and beyond the Middle East whereas Boko Haram is limited to its pan-ethnic circuit with occasional support from AQIM. Fifth, Boko has relatively modest military capabilities which has significantly limited its areas of operation whereas IS has the military capabilities of a state that enables it to project power globally. Thus in order to confront the security challenges these groups present, governments and the international community must be wary of these similarities and difference in order to avoid monolithic policies that are bound to fail. REFERENCES Agbiboa, Daniel Egiegba. "Why Boko Haram exists: The relative deprivation perspective." African Conflict & Peacebuilding Review 3, no. 1 (2013): 144-157. Al-Ibrahim, Fouad, "Why ISIS is a Threat to Saudi Arabia: Wahhabism's Deferred Promise," Al Akhbar. August 22, 2014, accessed June 15, 2016. https://web.archive.org/web/20140824121659/http:/english.al-akhbar.com/node/21234 Associated Press. “ISIS Collects Millions in Ransom for Abducted Christians,” CBS News, February 22, 2016, accessed June 6, 2016, http://www.cbsnews.com/news/isis-collects-millionsin-ransom-for-abducted-christians/ Associated Press, 2012. “Shias Dominate Sunnis in the New Iraq. Minority Sect that Ruled Under Saddam now Feels Pain of Discrimination,” April 3, 2012, accessed June 4, 2016. http://www.cbc.ca/news/world/shias-dominate-sunnis-in-the-new-iraq-1.1269416 Atran, Scott. "Trends in suicide terrorism: Sense and nonsense." World Federation of Scientists Permanent Monitoring Panel on terrorism, Erice, Sicily 204 (2004). Atran, Scott. "The moral logic and growth of suicide terrorism." Washington Quarterly 29, no. 2 (2006): 127-147. Barrett, Richard. “Foreign Fighters in Syria,” The Soufan Group, June 2014, accessed June 11, 2016. http://soufangroup.com/wp-content/uploads/2014/06/TSG-Foreign-Fighters-in-Syria.pdf
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POLITICAL ISLAM AND THE ARAB SPRING: BETWEEN THE FAILURE IN EGYPT AND THE SUCCESS IN TUNISIA Ibrahim S.I Rabaia University of Malaya, Malaysia
[email protected] Abstract By the end of 2010, the spark of the Arab Spring started in Tunisia, by the following year, several Arab countries had been affected by such revolutions in different degrees. However, Tunisia and Egypt signed a special and unique experience by their political and nonviolent transformation in few years after toppling down the former dictators. Unfortunately, such transition ended in Egypt by restoring the military regime, which controlled the country for more than 6 decades, and the Muslim Brotherhood “MB” winners of the first free democratic elections in the Egyptian for presidency and parliament, failed in staying in office under the pressure of army intervention. On the other hand, Alnahda –the local Muslim Brotherhood- still a key player in the political order of Tunisia with an ongoing political transition under democratization roles. In this paper, I am asking about the reasons of such different in the outcomes for the participation of Islamist in political transition in both countries, the methodology is basing on comparing the both cases and analysing the structure of MB in both countries from one side, and exploring, in brief, the surrounding political environment from the other side. In general, I am building this paper on the hypothesis of that MB failed in maintaining their power in Egypt due to fundamental differences between them and the Tunisian MB in their political ideology, in addition to the differences in the political context and Army role. Keywords: Arab Spring, Egypt, Muslim Brotherhood, Political Transition, Tunisia.
Introduction a sudden and unexpected political transition took place in the Middle East and North Africa (MENA), these changes led to a fast stepping down for the leaders of Egypt and Tunisia. Within few months after that, the transition process started on democratic bases by witnessing the first free elections in both countries ever. The Muslim Brotherhood (MB) dominated the political sphere in Egypt by getting the majority in the parliament and winning the presidency seat. The same happened in Tunisia when Anahda became the main political player and dominated the parliament as well as the government. After a dramatic and tremendous changes, the MB experience failed in keeping power and staying in office in Egypt while the experience of Tunisia still alive, and MB, represented by Anahda, still one of the two leading political powers in the political process.
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In this paper, the question is why the political Islam failed in staying in the political process after the Arab spring in Egypt, while its experience of Tunisia still successful in term of participation and political transition. In general, no single answer for such question. It needs a structural analysis for the political system and an analysis of the internal thought and practices in each experience. This is what I am trying to do in this paper, and of course, this analysis needs to be expanded by dealing with other cases for the political Islam in order to have a frame for modeling each of these experiences.
Before the revolution Since 2005, MB enrolled the increasing political protest against Mubarak regime and his plans of succession, however, this contribution came mainly from the young generation. The old guard which witnessed long decades of suppression and coercive methods did not believe in the impact of such methods to change in regime. The leaders of MB decided not to participate in Kefayah movement officially in 2005, however, they allowed their members to do so individually. This step was under pressure of coercive apparatuses. The MB official opinion was conservative in participating in the early protests of 2011, the leadership was afraid of the regime suppressive reaction. But the youth contributed through the youth movements which flourished since 2005. Other leaders of MB were public figures as parliament members and unions leaders also did so. The guidance office had been threatened by the regime not to participate in the demonstrations, the estimating position also had been built on
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the Egyptian regime anti-Islamist policies and the strong ties with western governments in such context(Awadi, 2013). In few days, the Egyptian protestors proof that their revolution is much different than the previous uprisings. MB announced its official participation and contributed in the massive protests of Altahreer squire. Their skills in organizing and managing the popular activities were important in the protests(Awadi, 2013). The Tunisian experience for the political Islam was different, Anahda was not allowed to practice its political role since the first days of Ben Ali. Anahda transformed from the Islamic tendency movement in the 1970’s. Rachid al ghana noshi,who was one of the founders of the party and one of the main Islamic scholars, came back to Tunisia after the success of the revolution. Indeed, the role of Anahda was limited in the revolution due to its limited institutional structure in Tunisia. But the party became the key political power in the postrevolution Tunisia. Egypt and Tunisia: Two different structures Egypt is the largest Arab country in terms of the population, it lies also on one of the strategic geopolitical positions, and it had an unstable modern history forced it to enter several wars with Israel. The Egyptian society also conservative and religious, and the political structure still designed around the military establishment. Since the free officials revolution, the president comes from the armed forces with the exception of Mohammed Mursi.
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On the other hand, Tunisia has a lower population and higher levels of education, the country has been secular since independence, and the regime designed around the one leader, in the cases of Bourguiba and Ben Ali, while the army was small and had no economic or political roles. There were limited differences in the nature of the regime in both countries, it was patrimonial and client. However, the education and specifications of the bureaucracy, army, and the coercive apparatuses. Historically, the army dominates the political and economic sphere of Egypt. Since the early born of the modern Egypt under Mohammad Ali in the 17th century. The army role expanded after the revolution of 1952 and became the center of the economic development under the model of the post-colonial state building in Egypt which was state led. The Egyptian military became the focal point of industries and services because it was the mother institution for the presidents since the revolution(Marshall, 2015). The military forces dominated high portion of the industries in the country under Nasser and Alsadat. Continually, the Army diverse its investments to face the privatization under Mubarak and made partnerships with local businessmen and foreign investors. The estimations about the Army share of the Egyptian economy varied between 10-45%, but in general, the Army has a large share of the food, vehicles, cement, gasoline, construction, shipping, agriculture, and a long list of other industries. Moreover, the public land in Egypt is under the control, ownership or authority of the Army(Hashim, 2011). These facts made the first priority for the army officials to protect and keep their benefits as individuals and institutions. For this reason, the army did not support Mubarak against the
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revolutionary powers of 2011, the fears inside the military institutions were from the association plan of Mubarak to bring his son as the first president from a non-military background(Hashim, 2011). On the other side, the Tunisian army is small in size and have no contribution in the economic and political sectors. The army has only 40500 soldiers. Also, the militarization is poor, financing is limited, and had been controlled by the president. This bad situation for the Army was planned by Bourguiba and his successor Ben Ali. Both of them were afraid of any military threat. Bourqiba and Ben Ali had been sure of isolating the military forces from the political life(Grewal, 2016). The laws and regulations have been designed to guarantee this situation, for instance, the army members are not allowed to vote in the elections. Bourguiba appointed loyal officials and kept his direct control on the top leaders. Indeed, Ben Ali gave more attention to the army as a former member of the armed forces. However, this hope did not last long for the Army after discovering a plan for a military coup in the early 1990’s. finally, Ben Ali monopolized the main decisions in the Army, he did not distribute the leadership authorities(Grewal, 2016). Ben Ali regime designed a police state, his police, and coercive apparatuses were one of the most professional among the Arab countries. Its members were well-trained by the Americans and French governments(Barany, 2011). The large bureaucracy is one of the key components of the Egyptian political structure. the wages and salaries consume around 66% of the total budget(Owen & Tripp, 2013). The numbers of the employees in the Egyptian public sector was higher than 5 million by the end of the last century. This large number of employees reflected the big impact of this population on the
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decision and policy implementation. The Egyptian public sector had been corrupted, inefficient, and client. On contrast, the current number of the public sector employees in Tunisia is less than 600000, including the employees of the public companies and around 100000 appointed after 2011. The recruitment process is competitive, there is an evaluation system, and supported by the general labor union(Brockmeyer, Khatrouch, & Raballand, 2015). Finally, the Tunisian public servants are in general qualified and trained, as it was the policy of president Bourqiba and Ben Ali to follow the French model in establishing and development and efficient public sector. The third component of the political structure in both countries is the business elite, which had a significant role in both countries before and during the revolutions. However, the role was tremendously different in size and impact. The business elite started to appear in the political arena slowly since Alsadat adopted the opening policy in the 1970’s. gradually, this elite increased in size,role, and impact under Mubarak, it has benefited from the privatization of the state huge enterprises. As a result, the business elite started to be part of the political structure and participated in the national party and the parliamentary process as well. By the end of Mubarak period, this elite became more hegemonic by dominating the national party, government, and the parliament. This increasing power supported Gamal Mubarak succession plan and confronted smoothly the armed forces(ElSherif, 2014). On the other side, the business Bourgeoisie in Tunisia was small, limited, and not satisfied with its relation with Ben Ali regime. The president wife, Layla Trabolsi, dominated with her family the business key components. However, no major big business players, individuals or families,
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had been appearing in the Tunisian political sphere. The businessmen role in elections, for instance, was limited in the financial support to some candidates without large expectations(Luciani, 2013). These are some of the general structural differences between the Egyptian and the Tunisian political structures, in the last part of this paper, I will detail the role of each of these components on the political Islam experience as a ruling party after the Arab Spring.
MB and Anahda: Different historical structure and sequence Tunisia got its independence of the French colonization in 1956, since that, the first president of the country Bourguiba adopted policies of westernizing and modernizing the country. The Tunisian modern state separated religion from institutions as a secular country. Since the foundation of the modern state, the both presidents, Ben Ali and Bourguiba excluded any comparative political powers. Normally as in most of the Arab countries, leaders considered Islamists as the main threat and prohibited their activities. Since 1990’s Anahda members and leaders had been jailed and exiled from the political life, their leader, Alghannoushi, moved to London in 1989 and his party became the main antiregime power. Earlier, Alghannoushi founded his Islamic party in 1981, his hard line against the regime from the first days of the “Islamic tendency movement.” The Islamic party in Tunisia did not recognize the regime legitimacy and introduced itself as an alternative to the regime. From its side, the regime had practiced all kinds of repression on the Islamists, which resulted in an absence of any opportunity for dialogue. This relation of tension and confrontation continued later after the Islamic tendency movement transformed to Anahda(Torelli, 2012). 212
The level of suppression practiced by the Tunisian state in the 1980’s and 1990’s against the Islamists made it impossible for the Tendency movement and later Anahda to have any political or social role in Tunisia. This absence spread to the leaders, for instance, Alghannoushi was staying in London for 20 years(Torelli, 2012). The project of Bourguiba was totally against Islamists project, his secular model motivated the Islamists to start their movement by proselytizing activities in 1970’s. the ideas of Anahda were mixture of the eastern salafisim of MB, the traditional Tunisian Islamic culture, which was moderate and Sufi, and the moderate values of the anti-regime group of “yousefists”. This diversity introduced a moderate thought believes in inclusion and democratic values. However, such diversity produced and double standard speech, one is internal and radical and the second is public and liberal(Marzoq, 2014). After the palace coup of Ben Ali in 187, the Islamists welcomed this change and supported the new president. From his side, Ben Ali promised the Islamists and opposition with democratization and freedom, his promises resulted by releasing thousands of the political prisoners and allowed Anahda to participate informally in the parliamentary elections of 1987. However, this period did not last for more than few years and the regime claimed that its apparatuses disabled a potential coup by Islamists in 1990-1991. Again, more than 8000 of Anahda leaders and members jailed. Ben Ali promises were not more tool to bring stability and strengthen his newly installed authoritarian regime. The relation between the regime and Anahda continued as usual again. Here I can figure some special characteristics for Anahda as the representative of the
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Tunisian political Islam. The First is its short experience compared with the other Arab Islamists experiences, especially Egypt. The second is the absence of its social and popular network. The third is related to the moderate and inclusive political and ideological thought compared with the sister movements in the region. The first foundations of the modern political Islam came from Egypt by the decline of the Ottoman khilafat. By the finding of MB, Hassan Albanna put three stages to achieve the goal of is amazing the state and society. the first is communication and propagation, this stage started by Albanna himself and continued by the other MB leaders and members in Egypt. The second is mobilization and organization in which contains building the capacities of the member and prepare them for the third stage of implementing and applying the Islamic rule(zhyntativ, 2008). Since 1920’s, the MB in Egypt have practiced the first and the second stage of Albanna thought. In the 1940’s the MB became an active social movement with a political focus. Indeed, the first priority of the MB, as the other Egyptian political powers, was to end the British colonization. for this purpose, it established an armed wing to practice violent activities. Later, the Egyptian regimes claimed that the MB practices such violence against the state and tried to change regime(Brown, 2011). Sayyid Qutb was the founder of the dogma of the MB, his writings spread among the members and influence them for the later period. In the 1950’s the Egyptian military and regime suppressed more the brotherhood and arrested its leaders such as Qutb himself and leader Hassan Alhudaibi. Qutb thought of Jahiliyyah “ignorant”, power and clash, and the classification of Dar al-Islam “ the house of Islam” against dar al-Harb “ the house of war” still guiding MB not only in Egypt but also in the other Arab countries(Brown, 2011).
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The MB started to have larger space in the political sphere of Egypt under Alsadat. The new Egyptian president during the 1970’s tried to use the MB as a counter power to eliminate the Nasserists and the leftists. This policy had been used by several Arab leaders at that period to make a new balance in the political tough structure. Alsadat gave the MB their properties back, he realized their members from jail, and he allowed them to practice politics legally. It was an opportunity for the MB to rebuild their movement and win new members. For this purpose, they started to appear in the universities and confronted the strong leftists and Nasserists. Alsadat from his side allowed to show the Islamic identity of the state and supported the religious formal activities. However, the regime did not accept to legalize the political practices of the MB. The Egyptian court had not decided in the appeal of the MB in their illegitimate decision of 1954. The MB worked under the eyes of the regime apparatuses and with its approval(Ibrahim, 2015). The new leadership and elite of the MB constructed mainly from those who were voluntarily exiled to the Saudi Arabia under the suppression of Nasser. They came back with strong financial network and new Salafi contribution in the MB ideology. The MB had no revolutionary structure or values in such context, it was one of the pragmatic powers which accepted the gradual development and the negotiations with the regime to reach their goals. Even this was not complying with the thought of Sayyid Qutb, but it was related to the earlier ideas of Albanna(Ibrahim, 2015). The Egyptian state left a big vacuum in the social and economic context by adopting the liberalization policies of the 1970’s. No doubt that the MB cached this opportunity and filled this space by a large network of economic and social services that supported the marginalized
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groups. This network had been strengthened by the financial support of the movement member in the rich oil countries. Year by year this network expanded and covered more regions and groups in Egypt. For instance, the medical services of the MB had been organized by the Islamic medical association and covered around 2 million beneficiaries since 1977. Meanwhile, the list of the affiliated social organizations included 1142 entities structured the social network of the MB before the coup of 2013(Brooke, 2015). The MB participated in the parliamentary elections under Mubarak, its first attempt was in the parliamentary elections of 1984, the MB joined Alwafd on a joint list. The MB became part of the minor opposition in the people house. Until the revolution of 2011, the MB participated in the political process of Mubarak regime and within the state borders. Later, the coercive apparatuses increased its suppression for the MB before and after any elections, the movement did not increase its opposition to touch directly the legitimacy of the regime(Ibrahim, 2015). I can conclude the difference between the both experiences firstly by the difference in political age, as I mentioned before that the foundation of the modern political Islam came from Egypt and the Tunisian players enrolled after around 50 years and benefited from the mother movement thoughts. Secondly, the difference in ideology which came from the context and the circumstances of the foundation, Anahda was moderate party compared with the MB and it was more inclusive in thought. However, the third difference is the gap between the thought of Qutb and the pragmatic practices of the MB under Mubarak in Egypt. On parallel, the practices of Anahda was more revolutionary and national trying to represent the whole Tunisian society.
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After revolution: Different tracks and outcomes The MB had practiced politics legally for the first time since 1954. The political party that had been established by the MB, freedom and justice party, became the parliamentary majority by winning 216 out of the 508 seats. Surprisingly, the MB decided to participate in the presidential elections after its previous commitment of not to do so. Mohammed Mursi, the MB candidate, won the election and became the first civilian president in Egypt since 1952. Exclusively, the MB formed the government and dominated the public sphere(Awadi, 2013). The Tunisian experience of Anahda was different, the Islamic movement won 39% of the plurality in 2011. Anahda participated in the post-revolution government as a part of a crossideological coalition. However, Anahda had been indicated that it was planning to Islamise the secular society of Tunisia and exclude the other powers. But on the contrast of the MB, Anahda did not support any presidential candidate in 2011 and worked jointly with the other political powers(Marks, 2015). During the following 2 years, each of the two parties chooses its own track. The legacy of Mubarak regime in Egypt was an accumulative economic, political, and social failure. the Tunisian failures were mainly economic, related the unemployment and inequality issues. But in general, the political choices that had been taken by the Islamists in office were different and changed the outcomes in the both cases. The MB in Egypt was not pragmatic in understanding and working with the existing political structure, by overthrowing Mubarak and his ruling party, the map of power had been changed by increasing power for the military forces and the revolutionary powers. But in the political transition, the theories of revolution suggests to establish a revolutionary coalition aims to
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protect the revolution outcomes and confront the former regime powers. On the contrary, the MB had not understood the popular demands and the high pressures on the decision makers after Mubarak and tried to dominate the legislation and executive powers. The MB and AL Noor Salafi party were hegemonic powers in the people council and the constitutional committee. The result was excluding large scale of the Egyptian society components such as the Qubit, around 15%, of the population, the bureaucracy, the business elite, and finally, the military forces. The liberal political forces established a new front against the Islamists powers, and it became a direct clash between the civil state supporters and the Islamists. These changes came from the religious and hegemonic nature of the 2012 constitution, and the practices in office from the president and government(TAWIL, 2013). The MB came without a clear and efficient socioeconomic program, instead, they continued socioeconomic policies as it is, without understanding the expectations and the needs of the people after the revolution. The facts on land were difficult, and the performance indicators were declining more and more under the pressure of huge demands with limited resources. the MB mixed in the process of decision making between the party and the state. Its hegemonic situation in the institutions allowed it to do so. Indeed such situation resulted in weak outcomes and expanded the fears from this trend among the political players. Finally, the army intervened to protect its interests with creating new coalition under the control of the military establishment and without the MB in the political sphere(TAWIL, 2013). The Tunisian Islamists worked jointly with the secular powers, after the election of the constitutional assembly elections of 2011, Anahda formalized the “Troika” as a coalition with two secular parties to manage the transitional period. This coalition had 138 members out of the
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available 217 seats. The negotiations on framing the constitution faced several disagreements and conflicts. The troika kept power for more than two years under a tremendous pressure of security, economic, and social failures(Jamawi, 2o14). Interestingly, Anahda respected its pledges of ruling within the coalition, the head of the Anahda, Rachid Al Ghanoshi, presented the Tunisian Islamists opinion of forgetting the era of one-party domination. Al Ghanoshi advised the MB in more than occasion and speech to respect the diversity, and understand the joint work concepts(Marks, 2015). The association of the political leader Mohammed Brahmi and the coup in Egypt made Anahda more pragmatic to offer more steps. the party did not come with overwhelming expectations, it had realistic programs with suitable dynamics for passing the transitional period. Anahda stepped down from the government by 2014 in a smooth political transition. It had led the constitutional framing process and successfully set Islam as the religion of the state(Marks, 2015). In 2013 the opposition established the national rescue front, as the Egyptian did, calling for stepping down the troika by a military intervention. However, the army had no interest to do so. At the same time, 60 of the assembly members froze their participation. The strong power of the labor unions was important in determining the path of the political transition, the union supported the demands of dismissing the government but not the constitutional assembly(Jamawi, 2o14). Currently, Anahda is a political, democratic, and civil party, inspired by Islam. The party left the preaching part as it was in the early beginnings and moved to the political practices and pragmatic tactics. In the current political map. The Tunisian political powers worked under a revolutionary informal coalition and established for the new state of national negotiations in
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2013. Anahda still a key political power even after losing 20 seats in the 2014 elections in front of the secular front, Nedaa’Tunis. Conclusion The political structure in Egypt is more complicated than the Tunisian. The role of Army, Business elite, and a bureaucrat was important in confronting the post-revolution political powers. On the other hand, the political powers failed in establishing a revolutionary coalition and the results of the elections of 2012 made the Islamists the hegemonic power by dominating the both councils and the presidential office. The MB practices were like any other totalitarian party, had not accepted any role for the other revolutionary powers. The MB governed Egypt with the pre-revolution mentality, the opinions of the Qubt, women, and liberties during framing the constitution had led the popularity of the movement to decline and increased the disenfranchised groups. The MB in Egypt, as the mother movement for the global MB, has its long history of thought and political participation. However, the movement preaching part overshadowed the MB political practices in office, with no economic or social plan to solve the accumulative needs for the Egyptian state and society. The experience of Anahda was different as the thought of the party was more inclusive, liberal, and pragmatic. Anahda defines itself as a political, democratic, and civil party with an Islamic background. The party has learned from the Algerian, Egyptian, Sudanese, and Turkish experiences of political Islam. And the intellectual leader of the party, Alghanoshi, successfully prioritized passing the transitional period on staying in office.
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Currently, the Tunisian Islamists still one of the main political powers. they have led Tunisia to its new constitution, and they have passed with the other political powers to new elections, the new government, the new president, and in general new political structure. Worthily to say that the neutral role of the Tunisian army was important in protecting the political transition process. However, the conspiracy assumptions can not give the proper analysis for the MB failure in Egypt. Instead, the structural analysis can do so.
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FROM IT TOWARD SMES COMPETITIVE ADVANTAGE HUMAN RESOURCE MANAGEMENT PERSPECTIVE Lahcene Makhloufi Department of Technology management and Logistics College of business -University Utara
[email protected] Hussein Mohammed Esmail Abu Al-Rejal Department of Technology management and Logistics College of business -University Utara
[email protected] Abstract In the current turbulent environment in order to survive and remain in the highly competitive market, SMEs must possess appropriate IT and the effective human resources to turn out with vital integration between resources and capabilities. IT recognized as the spine and crucial component of a knowledge-based economy. Therefore, this paper examines the relationship between competitive advantage and information technology use through human resources activities. Previously, scholars in their several empirical types of research show that IT enhances and supports to build solid competitive advantage when it combines with the appropriate managerial and functional as well as operational resources. Currently, SMEs need for an upgrade and manage their resources in order to create suitable capabilities and hence, compete effectively and efficiently with great business success. Keywords: SMEs; IT; Competitive Advantage; Human Resource
Introduction Previously, a number of researchers have studied in several perspectives the relationship between human resources practices and technological innovation (Y. Li, Zhao, & Liu, 2006; Lopez‐ Cabrales, Pérez‐Luño, & Cabrera, 2009). For the most part, the critical arrangement of IT has been connected with various changes in interior business procedures, for example, hierarchical structure, work outline, imperative worker competence, enhancing adaptability (Powell & DentMicallef, 1997). Particularly, several types of research – theoretically & empirically have investigated the relationship between the effects of firms IT investments on firm’s competitive advantage through human resources (Black & Lynch, 2001; Melville, Kraemer, & Gurbaxani, 2004; Powell & Dent-Micallef, 1997). IT influencing firm’s competitiveness and increased in using the worker's skills in the manufacturing sector, which is led to the sustaining competitive advantage. The authors indicated that the qualified workers influenced by the use of computers in firms (Mouelhi, 2009). Previous studies have debated that corporate and employees need to deploy
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effective ICT, further they offered empirical evidence, at the organization level, regarding the relationship between firms practices and employee’s features. They affirmed that organization that deploys ICT, reconfiguration of duties, and new products development, more attention toward qualified employees (Bresnahan, Brynjolfsson, & Hitt, 1999). Lastly, a study of the fluctuations of work in the era of e-business, they come out with the major changes in the life of the firms, especially in terms of the skilled workers with the right position in the different firm's hierarchy (Landry, Mahesh, & Hartman, 2005). Several studies indicate that the link between IT and social disparity, their effects on salary, employment form, employment skills and training (Foster & Flynn, 1984; Markus, 1994; Mithas, Tafti, Bardhan, & Goh, 2012). The reason of the current study is that there is a little research has examined the significance impact of exploiting the available human resources and new technologies to SMEs competitive advantage. However, these kinds of relationships are more asserted from a supply chain management perspective, it has not been examined from an IS/IT perspective (Progoulaki & Theotokas, 2010). In addition, previous researchers have acknowledged that IT practices start to use by firms as a key strategic for sustaining competitive advantage. It used primarily as a main tool nevertheless, its sustainability was never addressed. Firms were enforced to enhance new techniques of harnessing their IT capability to become the ideal industry. They neglect that the major element for the sustainability was the technology itself furthermore on how it was used unless, the human resources beyond the technology. Currently, the very little study examined the human resources as a significant factor in IS/IT systems. Therefore, this paper attempts to review previous research with considering the effects of human resource on the significant impact of IT on SMEs competitive advantage
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Information Technology and its Advantage The major aspects with respect the business advantage of IT assets are basic for products/ services. Thus, we will introduce firstly the studies examining the major issues for both aspects. The common framework mostly used to examine the IT resources impacts on firms competitive advantage is the resource-based view (RBV) of the firm. According to this theory, the evaluation of organizations strengths must begin internally; by recognize a variety of such resources that led to fulfill competitive advantage. The information systems of the firm and its capabilities were specified by several significant studies as one of the major resources that reach the competitive advantage of the firm (Bhatt & Grover, 2005; Marinagi, Trivellas, & Sakas, 2014; Powell & DentMicallef, 1997). In the studies with respect the field of the value of IT business, the firm’s competitive advantage was looked from a different approach. A number of studies used various dimension for the measurement of firms competitive advantage such as profitability, reduction cost, productivity (Barua, Konana, Whinston, & Yin, 2004; Brynjolfsson & Hitt, 2003; D.-y. Li & Liu, 2014). In addition, various studies evaluate organizational level performance through competitive position or market share rate measurement (Ceccobelli, Gitto, & Mancuso, 2012; Dehning & Richardson, 2002). On the other hand, the firm performance evaluated sometimes by the firm efficiency (minimizing cost & productivity improvement) or the organization effectiveness (objectives realization or competitive advantage success) (Melville et al., 2004). Furthermore, apart from the productivity and profitability assessment of organization performance, other studies expressly comprise assessment of product/service quality in the estimation of the performance (Lee, Son, Kim, & Jung, 2013).
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Number of significant studies examining IT/IS advantages, are asserted the serious effect of the connection between the IT capacities and another organizational capability (Bharadwaj, 2000), further the great impact of the alignment of IT goals to the firm goals (Aversano, Grasso, & Tortorella, 2012; Ness, 2005). Special studies are exploring particular factors with respect IT human resources: employee’s behaviors and its techniques experience as well as the skills to learn new techniques (Abugabah & Sanzogni, 2009). However, according to the evidence for the significant positive of investments on IT/IS, still, there is various view too. One of the argument stated that IT can’t give a different advantage, is because exist everywhere, cheap and attainable for all firms, because it is the unique that can create competitive advantage. Clearly, such views resulted through the downsizing of the IT infrastructure to the primary assets and normal applications, by disregarding the firm capability and IT capacity to particularly harness these assets (Carr, 2003). IT and Firms Competitive Advantage Firm’s strategy considered as a crucial issue in the successful competitive advantage. The deploying and the successful of IT provide effective strategies which led to better organizational performance (Kearns & Lederer, 2004). IT capabilities led to increased performance in market share, profitability, and innovation (Aral & Weill, 2007). Previous IS studies have investigated how IT resources and its capabilities share in organizations performance, the IS studies are segmented, and gaps exist in the literature, specifically with respect which resources and capabilities generate value and how they affect competitive advantage (Breznik, 2012).
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Several scholars have to employ resource-based theory to examine how IT/IS with respect to organizations strategy and performance (Barney, 1986). A study by (Oh & Pinsonneault, 2007) they come out with that the resource-based perspective has a powerful predictive capacity when looking at IT’s effect on an organization such as profit and revenue. The RBT stressed those assets consisting all resources, capabilities, organizational operation, organization characteristics, information, competencies, knowledge, and so on. These assets are managed by an organization and allow them to formulate strategies and the implementation that are outlined to enhance its effectiveness, which led to support financial performance (Barney & Clark, 2007). Which resources that have the potential to generate a sustained competitive advantage, it should have such features such as (1) Valuable: it can be utilized to harness opportunities or weaken threats in a current environment. (2) Rare: which led hard for current organizations and potential competitors to gain such resources. (3) Imperfectly imitable: these resources can’t be equivalent substitutes. The firms should have policies and procedures to completely utilize its valuable, rare, and costlyto-imitate resources and capabilities. If organizations have a sustainable competitive advantage, therefore, the performance will be enhanced (Barney, 2007). Information and communication technology is one of the major aspects of supply chain management to gain a competitive advantage because information is necessary for several usages and present as invaluable resources. Information is a crucial aspect of decision making in firms hierarchy particularly in competitive environment and top management used information as a resource to plan, coordinate, employee recruitment, and activities in order to achieve firm goals. Information Technology (IT) acknowledged as crucial tools in assisting the new products/services, enhancing operational processes, and effective decision making. Through the diffusion of IT’s by firms, SMEs would largely benefit in their business processes. ITs will progressively enable SMEs
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to engage in knowledge management by simplifying connectivity, guiding them to generate and deliver products/services on the global environment. The adoption of IT by SMEs would change the business process by empowering the efficient exchange of a huge amount of information. In the knowledge-based economy, SMEs need efficient information systems to push and to deliver information to the several users (Liviu, 2015). IT effectiveness is more crucial for SMEs rather than large companies. Firstly, SMEs have centralized structures and employ IT generalists rather than expertise, which led to a lack of ICT knowledge and technical skills. Secondly, SMEs poor invest in ICT infrastructure and reluctant to send their IT staff. Furthermore, SMEs are encounter huge with competition both locally and globally especially from multinational firms in the local market which led to take into consideration several issue such as cost reduction, enhancement of quality products/services, set of products and better services, effective delivery, customer satisfaction and customer loyalty (Ismail, Mokhtar, Ali, & Rahman, 2014). Finally, SMEs must deploy effective information technology (IT) to empower their supply chain management efficiently and responsively to gain a solid competitive advantage (Tripathy, Aich, Chakraborty, & Lee, 2016). Impact of IT on Human Resources Practices In the new era of advanced technology, firms are influenced internally and externally likewise the nature of work and the appropriately skilled workers through easy access to get information regarding the available employees. Through the use IT’s they provide several advantages like HRIS application which transform traditional HR operation and furthermore will provide effective duties with respect to employee assignments (Maier, Laumer, Eckhardt, & Weitzel, 2013). Reduction cost: the impact of IT on HR costs can occur in various ways. Firstly, IT minimizes costs of processes and works such as changing from traditional HR to electronic HR which led to
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decrease the costs of some HR duties. The selection and recruiting of employee electronically led to reducing staff cost and increased hiring efficiency. Secondly, new technologies allow the employee to perform their duties and assignments by themselves directly (Aggarwal & Kapoor, 2012). Time saving: through the use of IT they will let HR professionals to spend less time on daily work duties and make easier to get and analyze data. Staff efficiency: huge IT diffusion facilitates and standardizes duties. HR experts may concentrate less on top management duties and more on translating data. HR experts may spend much time on another part of their jobs. Also, HR experts can get much data, problems solving in a right time thus estimate the complex data much efficiently (Gardner, Lepak, & Bartol, 2003). Empowering collaboration and communication: IT’s is an application for successful communication and effective collaboration. Video conferencing, electronic workgroups, E-mail, virtual groups, messaging, discussion room, therefore teleworking have converted the way of work environment
collaboration
and
communication.
These
make
working
environment
communications feasible for employee representatives even they are not physically in the work environment (Benson, Johnson, & Kuchinke, 2002). IT enhances the skills of employees for collaborating, getting data and decision making. The deployment of the internet and several web-based technologies led to share decision-making responsibility for firm’s hierarchy and structure (Benson et al. 2002). HRIS as combined systems likewise raises the capability of reporting in the enterprise (Beulen, 2009). Management competence: IT resources and its capabilities empower HR professionals both to get access to a number of employees and make the decision more effective and objective to employ more skilled workers which mean that making effective decision making in terms of employee
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selecting and recruiting process. Enhancing and lowering the recruitment process support competencies which resulted in the quality of works (Lin, 2011). The huge using of IT’s applications like the internet, intranet, virtual communications and collaborations, data storage and mining could increase skills for knowledge possess and distributions (Ardichvili, 2002). Knowledge Management applications also facilitate knowledge sharing and enable the specific duties areas (Chong & Lin, 2009). IT resources allow HR professionals to easy access and disseminate data more effectively and efficiently (Paré & Tremblay, 2007). Human Resources structure: the strategic role of HR concentrates on aligning HR duties with HR strategies. Therefore, HR must work with managers. IT is recognized as a crucial tool for success strategic HR. IT make HR units much powerful and let HR to participate in significant decision making. IT make HR tasks much efficacy (Haines & Lafleur, 2008). Effect of IT on Firms Competitive Advantage through Human Resources Practices IT assets empower firms to make HR duties more attractive and lowering costs led to the empowering enterprise, even the firm size to purchase such technologies is limited. The widespread of the internet and other IT’s can encourage SMEs to overcome their size deficiency. SMEs are lack utilizing and adopting modern techniques of hiring employees, which are led applicants have less information regarding the available job opportunities (Kishore, Majumdar, & Kiran, 2012). It is assumed that the highly the utilization of particular HR duties, the better success firm's competitive advantage. In order to support HR efficiency, business organizations start to employ technology. Several firms can deploy a variety of technology infrastructure, but generally, all of them are called as Human Resource Information Systems (HRIS). These systems obtain, store,
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manipulate, analyze, retrieve and distribute data in the firms regarding their human resources, individual duties and firms characteristics (Dery, Grant, & Wiblen, 2009). HR professionals employ IT’s for obtaining information and should have competencies to convert this information into available knowledge. HR professional must identify technology materials, manage and mobilize technology to measure and improve HR functions (Bell, McIntosh, Katz, & Weinberg, 2003). Scholars such as (Kovach & Cathcart, 1999) debate HR technology has three main functional elements: input function (enter applicants data into HR database), maintenance function (insert new data and upgrade the database), output function (new outputs data, reports). The effective deployment of HR technology depends on several factors: the size of firms and its age, top management characteristics through human resources management, skills and newness of HR managers (Powell & Dent-Micallef, 1997). Technology support HR experts to be much efficient reduce costs and provide firms leadership with right data, which is much significant for strategic and decision-making process. According to (Haines & Petit, 1997) stated that HR users must remove numerous duties paper can support a service orientation and engage much in effective strategic decision-making. The much newness HR system in the enterprise, the much it pays attention to better strategic HR management further efficient in HR duties. HR technology can become efficient if the whole hierarchy is encouraged by information technology. HR functional process can be automated comprising individual staff, salary administration, employee recording, medical history, skill inventory,
performance
assessment, workers training, negotiations, HR planning (Bretz & Judge, 1994). The early empirical researchers investigated the effects of HRIS firms performance was conducted in the early 1990s. A number of researchers have confirmed that HRIS are efficient in data processing,
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enhance planning and communication furthermore collaboration and sharing duties with skilled workers (Beulen, 2009; Lawler & Boudreau, 2015). Other studies have stated that HRIS support to lowering costs and employees process duties by automation, encourage workers in governing their own personal data and assignments, and allow managers with the accurate information and data efficiently (Tansley & Watson, 2000; Wei & Feng, 2013). Information is an acknowledged as a powerful source in firm’s coordination and cooperation. Previous research illustrates that strategic HR duties relate positively to knowledge management capability, which in led positively to firm innovation performance. To easy sharing the link of strategic HR practices and favorable innovation performance, managers need to understand the significant impact of knowledge management and data processing. The deployment of technology enhanced knowledge, productivity, and skilled workers (Pande, 2015). Based on the previous research regarding IT field and business management perspective, the effect of information technology consists three stages: transformation, information, automation. The automation stage reduces the number of employees with respect to their duties and responsibilities. It provides more opportunities for every personal to use their full capability cognitively. For example, administrative duties such as record keeping, personnel reporting are deleted and allow experts to concentrate much on interpreting data. The overall information is provided by IT and let the human resource to easy access, analyzes, and evaluates data easily. The transformational stage, information technology defines new innovative business practices and operations of firms (Wei & Feng, 2013). Conclusion
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Information technologies are the spine of any firms doing business though of their size. Therefore, these technologies are essential for the organization in order to compete in the current global environment which led to gain and sustain competitive advantage of the firm. From the above mentioned it has been argued that effective IT staff with the full integration of top management would enable IT to become crucial factors for sustainability of the new business in the dynamic environment. Currently, IT is acknowledged by several scholars both in developed and developing countries that is essential for success in new era of business and firms need for these tools and applications in order to operate in the fierce competition environment and these technologies allow firm to gain number of benefits with great success thus, can generate sustained competitive advantage. New application in the human resources management such as self-service HR, E-learning and E-recruiting is new processes which led firms to do business effectively and efficiently further reducing cost and generate more value than traditional HR processes. In addition, the huge diffusion of IT’s make firms more confident in doing their operation internally and externally with both suppliers and customers and hence led to the strong changing in the structure of works and practices of employees such as teleworking and web based project contracts. IT is a crucial factor enforce the firms for the transformation of HR operations. IT reduces transactional burden on the HR operations. Thus, HR experts allocate much time for the strategic issues to be a firm’s strategic partnership which in turn in the powerful performance. HR experts can be ineffective in the adaptation of IT’s in business even they know about technology. Therefore, in order to be a crucial tool in an enterprise and to produce value added for the firms, HR experts should know about the current environment characteristics.
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The successful deployment of IT leads to changes in terms of the duties, business operations, and so on. Meanwhile, HR professionals should have the competencies of change management. HR management should have new competencies on IT’s staffs and more knowledge about these technologies and how can contribute to the current business. In conclusion, according the review of several papers –empirically and conceptually- previously and currently in both developed and developing countries we can confirm that the deployment of IT’s tools in the SMEs can contribute positively for HR management to develop new competencies and allow them to gain and sustained competitive advantage especially in new era of knowledge based economy which the fierce competition make business very hard to sustain and to compete in terms of resources and customers.
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RECONCILIATION OF THE CONTRADICTION AMONG THE QUR’ANIC VERSES ABOUT THE CHARACTERISTICS OF CHRISTIANS: AN ANALYTICAL STUDY Mohammad Aminul Islam Master Student, International Islamic University Malaysia Phone No. 00601139393973
[email protected] Zannatul Bakia Master Student in Jamea Kasemia Kamil Madrasha
[email protected] Abstract There are many verses in the Qur’Én which discuss the characteristics of Christians. Some of those verses indicate that the Christians believe in Allah and what has been revealed to prophet Muhammad (peace be upon him) and to their prophet Jesus (peace be upon him). On the contrary, some other verses show that they do not believe in Allah and what He revealed to prophet Muhammad. Moreover, the Christians seem to be better than Muslims to readers of the Qur’Én sometimes. Hence, there appeared a conflict in the Qur’anic statement, which might lead the readers to confusion over the holy Qur’an. In this connection, this paper aims to clarify and remove the contradictions among the Quranic verses regarding Christian characteristics using an analytical method. The most significant finding of this paper is that there is no conflict among the Qur’anic verses concerning the characteristics of Christians. However, what appeared here, as conflict is merely literal. Not all Christians are bad in their characteristics, rather, there are some Christians who have good manners. This paper will contribute to the peaceful religious coexistence among Muslims and Christians. Key Words: Christian, Characteristics, Contradiction, Holy Qur’an.
Introduction: There are many verses in the Qur’Én which discuss the characteristics of Christians. Some of those verses indicate that the Christians believe in Allah and what has been revealed to Prophet Muhammad (peace be upon him) and to their prophet Jesus (peace be upon him). On the contrary, some other verses show that they do not believe in Allah and what He revealed to Prophet Muhammad (peace be upon him). Moreover, the Christians seem to be better than Muslims to the readers of the Qur’Én sometimes. Hence, there appeared a conflict in the Qur’anic statement, which might lead the readers to confusion over the holy Qur’Én. So, before we discuss about the verses, it is better to know briefly about three main denominations in Christianity nowadays, which are Orthodox, Catholic and Protestant. In the year 1054, Orthodox Church has been separated from Catholic Church as independent church. Since 879 AC, Egyptian Orthodox Church was
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established believed that Jesus Christ has one nature and one will whereas Orthodox Church of Constantinople used to believe that Jesus Christ has two natures and two wills that is not similar to Egyptian Orthodox Church.1 The biggest Church for Christians, which is called as western Church, is Catholic Church and the highest number of followers among Christians is for Catholic Church. They follow the command of pope and Roman Church. The first person who used the word Catholic is AgnaÏiËs. 2 Another famous and prominent Church is Protestant Church, which was established by Martin Luther. The purpose of establishing this Church was to protest against all the superstitious thoughts and teachings in Christianity.3 In their belief, only the Holy Book should be followed as obligatory. Moreover, they do not believe that pope is forgiven and he has right to give the check of forgiveness. They believe that only Allah s.w.t can forgive the sinners and can give the freedom from Hell-Fire and so on. Knowing the main three denominations, we will discuss the verses that seem to be contradictory.
The verses about Christian belief in Allah s.w.t: The Christians believe in Allah: Allah s.w.t. mentions in the Holy Qur’an that those who are Jews, the Christians and those who are ØÉb’Ên whoever believed in Allah and the Last Day, they will have their reward from Allah. Allah said : “Surely those who believe, and those who are Jews, and the Christians, and the
1
Dr. ManiÑ bin ×ammad al-JuhanÊ, al-MawsËÑatu al-Muyassarah fÊ al-‘AdyÉn wa al-MadhÉhib wa al-AÍzÉb alMuÑÉÎirah, ed 5, vol. 2, (RiyÉÌ: DÉr al-Nadwah 2003), 583 2 Ibid., 600 3 Ibid., 615
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Sabians, whoever believes in Allah and the Last day and does good, they shall have their reward from their Lord, and there is no fear for them, nor shall they grieve.”4 The Christian do not believe in Allah s.w.t. as He wants: It is agreed that they believe in Allah, but the question is how they believe in Allah. Is it like anyone of them who believe in Allah in trinity paradigm or the one who believe in monotheism and embraced Islamic belief system? If the answer is first part, in another verse Allah s.w.t. forbade it saying, “Allah is the third of three” (trinity5). For Instance, Allah s.w.t. said in the Qur’Én: “Certainly they disbelieve who say: Surely Allah is the third (person) of the three. And there is no god but the one Allah, and if they desist not from what they say, a painful chastisement shall befall those among them who disbelieve.”6 In another verse, He commanded not to say trinity: “O followers of the Book! do not exceed the limits in your religion, and do not speak (lies) against Allah, but (speak) the truth; the Messiah, Isa son of Marium is only a messenger of Allah and His Word which He communicated to Marium and a spirit from Him; believe therefore in Allah and His messengers, and say not, Three. Desist, it is better for you; Allah is only one Allah; far be It from His glory that He should have a son, whatever is in the heavens and whatever is in the earth is His, and Allah is sufficient for a Protector.”7 Analysis:
4
See: Qur’Én, al-Baqarah: 62, al-MÉ’idah: 69, al-×ajj: 17 Trinity is a kind of beliefs that was known to the ancient Egypt, China, Babylon and Iran. The first Greek Batlemos established a temple to worship Auzoris, Eziz and Huras as one God. Dr. Muhammad al-Bahiy in his book “ al-JÉnib al-IÉhiy min al-TafkÊr al-IslÉmiy” said, John Paul; who was influenced by the Greek philosopher Plato, invented the view of Trinity in Christianity. 6 Qur’Én, al-MÉ’idah: 73 7 Qur’Én, al-NisÉ’: 171 5
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According to al-Baqarah: 62, al-MÉ’idah: 69 and al-×ajj: 17, among the Christians who believed in Allah and the Last day and does good, they shall have their reward from their Lord, and there is no fear for them, nor shall they grieve. On the other hand, who will say Allah is one of the three their belief also a kind of beliefs which will be considered as disbelief and will not be acceptable to Allah s.w.t. Nevertheless, a painful chastisement will befall on them as mentioned earlier. Moreover, believing Allah s.w.t. with partners is not new but it was, it is and it will be existed as Allah s.w.t. mentioned in the Holy Qur’Én: “And most of them do not believe in Allah without associating others (with Him).”8 Another question is, is it enough to believe in Allah and the Last Day as mentioned in surah alBaqarah: 62, al-MÉ’idah: 69, al-×ajj: 17? In the author’s opinion, the purpose of sending Prophets and the Books is to propagate monotheism and to alert about the Day of Resurrection. Therefore, if the purpose is achieved means that someone believes in Allah and in the Last Day, then the medium is not necessary. In contrast, almost all Muslim scholars said that if anyone wants to become a believer, it is compulsory for him to believe in the six pillars of ImÉn. MawdËdÊ said: The expression 'People of the Book' refers here to the Christians and the word ghuluw denotes the tendency to exceed the limits of propriety in support of something. The fault of the Jews was that they had exceeded the limits of propriety in rejecting and opposing Jesus, whereas the crime of the Christians was that they had gone beyond the proper limits in their love for and devotion to Jesus.9
8
Qur’Én, Yusuf: 106 Sayyid Abul A‘lÉ MawdËdÊ, Towards understanding the Qur’Én, English version. (London: The Islamic Foudation,1993) vol II, p 116 9
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ÙabarÊ said: There are two other groups of Christians; who say, Allah SWT one of three and the second group who say, Jesus Christ is Allah. That is why, Allah SWT specified saying “all who have disbelieved among them shall be subjected to painful chastisement”.10
The verses about friendliness between Muslims and Christians: Christians are close to the believers in friendliness: The Christians are close in friendliness towards the believers. Allah said: “Of all men you will find the Jews and those who associate others with Allah in His divinity to be the most hostile to those who believe; and you will surely find that of ail people they who say: 'We are Christians', are closest to feeling affection for those who believe. This is because there are worshipful priests and monks among them, and because they are not arrogant.11
Allah commands Muslims not to take Jews and Christians for friends: In another verse, Allah s.w.t commanded the believers not to accept disbelievers as friends and He showed that their characteristic is to see the distress of believers. Allah s.w.t said: “O you who believe! do not take the Jews and the Christians for friends; they are friends of each other; and whoever amongst you takes them for a friend, then surely he is one of them; surely Allah does not guide the unjust people.”12 In another verse Allah s.w.t says: “O you who believe! do not take for intimate friends from among others than your own people; they do not fall short of inflicting loss
MuÍammad ibn JarÊr AbË Ja‘far al-ÙabarÊ, JÉmiÑal-BayÉn fÊ Ta’wÊl al-Qur’Én, vol 10, p 482 Qur’Én, al-MÉ’idah: 82 12 Qur’Én, al-MÉ’idah: 51 10 11
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upon you; they love what distresses you; vehement hatred has already appeared from out of their mouths, and what their breasts conceal is greater still; indeed, We have made the communications clear to you, if you will understand.”13 Analysis: The verse 82 of al-MÉ’idah says that muslims and the Christians are close in friendliness and the 51 says do not take Jews and the Christians for friends. How to match those two verses? When Allah s.w.t said that the Christians are more close to the Muslims, next two verses are talking about the Characteristics of those Christians who are embracing Islam, not proud, amongst them there are priest and monks, getting truth their eyes are tearing and finally they embrace the truth without any excuse.14 On the other hand, when Allah s.w.t forbade to take the Jews and the Christians for friends, He did not mention those good characteristics after that verse but He mentioned the characteristics of hypocrites what prove that they are the enemy of Allah.15
The verses about embracing or rejecting the truth: Embracing the Truth Allah s.w.t says that when Christians listen to what revealed to Prophet Muhammad (peace be upon him) they embrace it. Allah said: “And when they (Christians) hear what has been revealed to the messenger you will see their eyes overflowing with tears on account of the truth that they recognize; they say: Our Lord! we believe, so write us down with the witnesses (of truth) and what
See: Qur’Én, Óli ÑImrÉn: 118-120 See: Qur’Én, al-MÉ’idah: 83-85 15 See: Qur’Én, al-MÉ’idah: 52, 53 13 14
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(reason) have we that we should not believe in Allah and in the truth that has come to us, while we earnestly desire that our Lord should cause us to enter with the good people?16 Ignoring the truth: It is mentioned that the whole Christianity are not having those characteristics of accepting the truth but there are some people who ignore the truth and disbelieve. Allah s.w.t said: “But when Isa perceived unbelief on their part, he said, who will be my helpers in Allah´s way? The disciples said: We are helpers (in the way) of Allah: We believe in Allah and bear witness that we are submitting ones.”17 Another verse shows that some of the Christians are cursed by the tongue of Prophet DaËd and ÑIsÉ (peace be upon them). Allah s.w.t said: “Those who disbelieved from among the children of Israel were cursed by the tongue of Dawood and Isa, son of Marium; this was because they disobeyed and used to exceed the limit.”18
Analysis: When someone recites the verses from 83-84, he will think that the whole Christianity are having this characteristics of overflowing the tears from their eyes and accepting the truth immediately after listening while the verse 52 from Óli- ÑImrÉn explains that those characteristics are not for all of Christians. ÙabrÊ said, this above-mentioned 82-84 verses were revealed regarding NajÉshi; the king of ×abashah. Some other said, it was revealed regarding a group of Christians who came from
Qur’Én, al-MÉ’idah: 83, 84 Qur’Én, Óli-ÑImrÉn: 52 18 Qur’Én, al-MÉ’idah: 78 16 17
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×abashah (Federal Republic of Ethiopia) to visit RasËlullÉh (peace be upon him). They listened to RasËlullÉh and cried after they realized the truth and embraced Islam.19 So, no more contradiction among the verses. MawdËdÊ said: The word hawari means approximately the same as the word ansar in the Islamic tradition. In the Bible the usual terms are 'apostles' and 'disciples'. Jesus' chosen disciples were called apostles in the sense that they had been entrusted with a mission by him rather than in the sense of having been entrusted with a mission by God. At various places the Qur'an characterizes man's participation in the effort to establish the supremacy of Islam as 'helping God'. This needs a little explanation. God has endowed man with the freedom of will and choice, with the result that He does not resort to His omnipotent will to compel man either to do certain things or to refrain from others. He rather leaves man free to adopt the course that pleases him - be it that of either belief or unbelief, of either obedience or disobedience. God prefers to instruct man by means of persuasive argument and admonition, so as to bring home to him that even though he is free to disbelieve, disobey and defy the Will of God, his own interest and well-being lie in serving and obeying his Creator. Hence, directing people to the right path by persuasion and admonition is of concern to God, He regards those who contribute to this cause as His allies and helpers. This is, in fact, the most exalted position attainable by man. When a man performs Prayers, keeps his fast and worships God in other ways, he is merely on the level of service and subjection to God. But when a man strives to spread God's true religion and to enthrone it in actual life, he is honoured with the status of God's
19
MuÍammad ibn JarÊr AbË Ja‘far al-ÙabarÊ, JÉmiÑal-BayÉn fÊ Ta’wÊl al-Qur’Én, vol 10, p 498-500
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ally and helper, which is the zenith of man's spiritual growth. 'Literally, 'and be our witness that we are Muslims'.20 ÙabarÊ said: When they listened to the recitation of Prophet Muhammad PBUH and understood that this is the true Religion as they found in their religious scripture, they said why we do not accept it after we realize its authenticity. O Allah! Include us among those who bear witness.21
The verses regarding softness and enmity in their heart: Soft hearted and not arrogant: The love of worldly things makes people Arrogant. Nevertheless, Christians are not arrogant because among them there some monks and priests when they hear the true revelation their eyes overflow with the tears when they can recognize the truth. Allah SWT said: “And when they hear what has been revealed to the Messenger you see that their eyes overflow with tears because of the Truth that they recognize and they say: 'Our Lord! We do believe; write us down, therefore, with those who bear witness (to the Truth).22 Enmity and hatred in the hearts until the day of Resurrection: Allah SWT said that He took a covenant from the Christians but forgot some of it. Then, Allah SWT spread the enmity and hatred among them. Allah says: “And with those who say, we are Christians, We made a covenant, but they neglected a portion of what they were reminded of,
Sayyid Abul A‘lÉ MawdËdÊ, Towards understanding the Qur’Én, English version. (London: The Islamic Foudation,1993) vol 1, p 257 21 MuÍammad ibn JarÊr AbË Ja‘far al-ÙabarÊ, JÉmiÑal-BayÉn fÊ Ta’wÊl al-Qur’Én, vol 10, p 511 22 Qur’Én, al-MÉ’idah: 83 20
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therefore We excited among them enmity and hatred to the day of resurrection; and Allah will inform them of what they did.23 Analysis: The verse 83 from Surah al-MÉ’idah shows that the Christians are very soft-hearted and not arrogant but the verse 14 from the same Surah tells that they have enmity and hatred among them. How to match these two verses with the contradiction? ÙabarÊ said: when they listen to the truth that was revealed to you O Prophet, you will see those who say we are Christians; their eyes overflow with the tears. In the narration of ‘Abdur RaÍman al-Suddi, Ùabari said, NajÉshi sent twelve people; five of them are QissÊsËn and the other seven are RuhbÉn, to ask some questions and to bring the authentic news about Prophet Muhammad (peace be upon him). When RasËlullÉh (peace be upon him) recited Qur’Én infront of them then they started crying. Finally, they accepted Islam.24
The verses that said “Christians are the most exalted nation until the Day of Resurrection: The followers of Jesus Christ will be set above the unbelievers until the Day of Resurrection: Allah s.w.t. said that the followers of Jesus Christ will be the most exalted nation until the Day of Judgment. Allah SWT said: “(And it was part of His scheme) when Allah said: 'O Jesus! I will recall you and raise you up to Me and will purify you (of the company) of those who disbelieve
23 24
Qur’Én, al-MÉ’idah: 14 MuÍammad ibn JarÊr AbË Ja‘far al-ÙabarÊ, JÉmiÑal-BayÉn fÊ Ta’wÊl al-Qur’Én, vol 10, p 507
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and will set your followers above the unbelievers till the Day of Resurrection. Then to Me you shall return, and I will judge between you regarding what you differed.25
Cursed and disgraced by the tongue of Jesus Christ: Those who disbelieved from among the children of Israel were cursed by the tongue of prophet David and ‘IsÉ, son of Marry; this was because they disobeyed and used to exceed the limit. They used not to forbid each other the hateful things which they did; certainly evil was that which they did. You will see many of them befriending those who disbelieve; certainly evil is that which their souls have sent before for them, Allah became displeased with them and they shall stable in chastisement. And had they believed in Allah and the prophet and what was revealed to him, they would not have taken them for friends but! most of them are transgressors.26
Analysis: The Arabic two words ittabaÑËka (the followers) and kafarË (disbeliever) in both verses are the solution of the contradiction. MawdËdi said: The words 'those who disbelieve' here refer to the Jews whom Jesus had invited to believe, and who had refused that invitation. The expression: 'your followers', if it denotes the true followers of Jesus, can only mean Muslims. Should 'followers' signify all those who profess allegiance to Jesus, it would include both Christians and Muslims.27
Qur’Én, Óli ‘ImrÉn: 55 Qur’Én, al-MÉ’idah: 78-81 27 Sayyid Abul A‘lÉ MawdËdÊ, Towards understanding the Qur’Én, English version. (London: The Islamic Foudation,1993) vol 1, p 259 25
26
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ÙabarÊ said: When Allah SWT said that He will raise up his followers until the Day of Judgment, Allah did not mention that He will raise up the Christians. That means who will follow the footsteps and the teachings of Jesus Christ PBH they will be exalted with the high rank until the Day of Judgment.28 Conclusion: Based on the above discussion this paper concludes that the Christians believe in Allah s.w.t but associating partner with Him. Moreover, the softhearted Christians who embrace the truth are close to Muslims in friendliness. On top of that, it is clear here, bad characteristics are not acceptable from anyone whether he is believer or disbeliever. More than that, the followers of Jesus Christ will be the most exalted nation until the Day of Resurrection not by the name. The most significant finding of this paper is that there is no conflict among the Qur’anic verses concerning the characteristics of Christians. However, what appeared here, as conflict is merely literal. Not all Christians are bad in their characteristics; rather, there are so many Christians who have good manners.
28
MuÍammad ibn JarÊr AbË Ja‘far al-ÙabarÊ, JÉmiÑal-BayÉn fÊ Ta’wÊl al-Qur’Én, vol 6, p 462
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ISLAMIC PHILOSOPHY: PRESENTING ITS FACTS AND FIGURES Muhammad Akilu Aliyu Department of Usuluddin and Comparative Religion International Islamic University Malaysia
[email protected] Abstract It is generally perceived by the West that the revelation does not contain any philosophical or mystic notions, and that Mystics and philosophers are not, in any way, indebted to it. Thus, they drew a line between it and philosophy and based their philosophical quests on empiricism which emphasizes on the absolute freedom of human intellect. The current study therefore attempts to point out the existence and presence of philosophy in the revelation (the Qur’Én and Sunnah) on the one hand, and synchronization and congruence of reason and revelation in all fundamental matters on the other. Moreover, it attempts to critically identify the sources, nature, value and basic aspects of Muslim philosophy. Moreover, philosophy and prophecy, the growth and development of Muslim philosophy and some various contributions of great Muslim philosophers to the growth and development of Muslim philosophy are considered imperative in this research. In an attempt to carry out this research, historical approach will be adopted in deliberation on emergence, growth and development of Muslim philosophy. Analytical approach will be used in analysing the meaning, concept and nature of Muslim philosophy. Evaluative approach will be adopted in deliberation on exploring the notion of philosophy in Islam and refuting the idea that there is no such a notion. These and other approaches may be adopted widely in this research. Keywords: Christian; Greek; hikmah; Philosophy; Revelation; Translations.
Introduction Islam is a comprehensive system which encompasses the whole aspects of human life. However, in quite a number of the Qur’anic verses Allah encourages man to quest for truth in all that exists in the universe in order to benefit from it and be grateful to Him. As a result, various Muslim scholars began to ponder upon this world trying to find out the wisdom behind the creations of Allah. They did not restrict their studies on one aspect, but rather they expanded it to the various fields of study. In the Qur’Én there are many verses which clearly show that wisdom (Íikamh) belongs to Allah and He gives it to whomever He likes. The philosophic spirit of Muslim philosophers is therefore believed to have come from the revelation (the Qur’Én and Sunnah). Islamic philosophy which grew and developed under the guidance of the Qur’Én and Sunnah of the Prophet (p.b.u.h) produced some profound and well-grounded philosophers whose contributions to the Ummah were very enormous.
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General Meaning of Philosophy This part of the research presents some general definitions of philosophy. However, there are various attempts made by some great philosophers to define the term philosophy in a general sense. The following are a few definitions made by some of them: 1 – Aristotle (d. 322 B.C.): Philosophy is the science which investigates the nature of being as it is in itself and the attributes which belong to it in virtue of its own nature. 2- Plato (d. 348 B.C.): Philosophy aims at the knowledge of the eternal, of the essential nature of things. 3– Kant (d. 1804 A.D.): Philosophy is the science and criticism of cognition. 4 – Fichte (d. 1814 A.D.): Philosophy is the science of knowledge. 5 – Comte (d. 1857 A.D.): Philosophy is the science of sciences. 6 – John Caird (d. 1898 A.D.): There is no province of human experience there is nothing in the whole realm of reality which is beyond the domain of philosophy.29
29
S. Abdul Hai, Muslim Philosophy, (Bangladesh: Muhammad Azizul Islam Islamic Foundation, 1982), 13-14.
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The Concept and Meaning of Islamic Philosophy This segment of the research surveys the concept and meaning of Islamic philosophy in the widest context. It explores some of various attempts made by the Muslim philosophers to present a comprehensive meaning of Islamic philosophy. Philosophers’ efforts to expand the meaning of philosophy to include the dimension of illumination and realization implied by the ishrÉqÊ (illuminationism)30 and ØËfÊ understanding of the term are also considered important in this part of the research.
(a) The concept of Islamic Philosophy Various Muslim scholars have dedicated indefatigable efforts to explian the concept of Íikmah as well as falsafah in the light of the Qur’Én and ÍadÊth in both of which the term Íikmah has been used. On the one hand, what is called philosophy in English must be sought in the context of Islamic civilization not only in the various schools of Islamic philosophy but also in schools bearing other names, especially kalÉm,31 uÎËl al-fiqh32 and so on. On the other hand, each school of thought attempted to define what is meant by Íikamh or falsafah according to its perspective. However, Íikamah and falsafah continued to be used while other terms such as al-Íikmah al-ilÉhiyyah and al-hikamah al-mutaÑaliya gained new meaning and usage in later centuries of Islamic history. The term which generated much debate was Íikmah which was claimed by all of MutakallimËn, Sufis and philosophers. They were all appealing to the ÍadÊth which states, “The acquisition of Íikmah is incumbent upon you and the good resides in Íikmah”. Some Sufis such as
30
Illuminationism is a doctrine according to which the process of human thought needs to be aided by divine grace. ʿIlm al-Kalām ( )علم الكالمliterally means the ‘science of discourse’ often foreshortened to kalām, is an Islamic science born out of the need to establish and defend the tenets of Islamic faith against doubters and detractors. 32 UÎËl al-fiqh is the study and critical analysis of the origins, sources and principles upon which Islamic jurisprudence is based. 31
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TirmithÊ (d. 869 A.D.) were called ÍakamÉ’. Ibn ArabÊ (d. 1240 A.D.), a great sËfÊ scholar, would refer to the wisdom which has unveiled through each manifestation of the logos as Íikmah as found in the very little of his masterpiece FuÎËÎ al-Íikam. A great number of mutakallimËn such as Fahkr al-DÊn al-RÉzÊ (d. 1209 A.D.) would claim that kalÉm and not falsafah was Íikmah. Ibn KhaldËn would confirm this and call the later kalÉm (kalÉm al-muta’akhkhirËn) philosophy or Íikmah.33 (b) The Meaning of Islamic Philosophy Islamic philosophy is concerned with various aspects of Islamic knowledge. The Qur’Én which is considered the last book revealed by Allah has all of the important theories, laws secrets and morality in its fold. However, it is of paramount importance to know that the Muslim philosophers varied in their effort to provide a comprehensive meaning of Islamic philosophy. One of the earliest Muslim philosophers, AbË YaÑqËb al-KindÊ (d. 873 A.D.) wrote in his On First Philosophy, “Philosophy is the knowledge of the reality of things within people’s possibility because the philosopher’s end in theoretical knowledge is to gain truth and in practical knowledge to behave in accordance with truth”. 34 Al-FÉrÉbÊ (d. 950 A.D.) also points out that philosophy is “…an all-embracing study, which attempts to acquire knowledge of all things in the universe, so far as such knowledge is possible for man.35
Seyyed Hossain Nasr, “The Meaning and Concept of Philosophy in Islam” in History of Islamic Philosophy, edited by Seyyed Hossain Nasr and Oliver Leaman, ( London: Routledge, 2003), 21-22. 34 Ibid., 22. 35 A. M. Khan “ The Elements of Islamic philosophy” (Pakistan: Ashraf Press, 1973), 45 33
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Ibn SÊnÉ (d. 1037 A.D.) points out in his ÑUyËn al-Íikmah that “Al-Íikmah [philosophy] is the perfection of the human soul through conceptualization [taÎawwur] of things and judgment [taÎdÊq] of theoretical and practical realities to the measure of human ability”. But in his later life, he attempted to point out some difference between peripatetic philosophy and what he called “Oriental Philosophy” (al-Íikmah al-mashriqiyyah) which was not based on ratiocination alone but included realized knowledge which set the stage for the Íikmah al-ishrÉq36 of SuhrawardÊ (d. 1168 A.D.).37 When SuhrawardÊ came into scene, he expanded the meaning of falsafah to include the dimension of illumination and realization implied by the ishrÉqÊ and also SufÊ understanding of the term. For him, philosophy was seen as the supreme science of ultimately divine origin, derived from “the niche of prophecy”, and the ÍukamÉ’ as the most perfect of human beings standing in rank only below the Prophets and ImÉms. 38 However, Seyyed Hossein Nasr’s illumination of Islamic philosophy can be considered as more comprehensive and apparent in this context. This is because he tried to identify its meaning in the Western, classical Islamic and modern Islamic ideas. He explains, In the common parlance of European languages, ‘philosophy evokes the idea of something having to do with general principles, governing reasoning laws, conceptual definitions, the origin, and end of things, and still to some extent wisdom, and one speaks not only of pure philosophy but also of the philosophy of art, religion, or science. In the classical Islamic languages, however, al-falsafah refers to a specific set of disciplines and to a number of distinct schools such as the mashshÉÑÊ (Peripatetic) and ishrÉqÊ (Illuminationist), not to just any school of thought that contains philosophical ideas. Moreover, in later Islamic history in the eastern lands of Islam, the term al-Íikmah al-ilÉhiyyah became common and practically synonymous with al-falsafah, whereas in the western lands of Islam the older 36
×ikmat al-IshrÉq. ". is a doctrine according to which the process of human thought needs to be aided by divine grace, which Suhrawardi developed and later he came to be called the Master of that philosophy. 37 M. Khan, 42. 38 Ibid., 24.
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term al-falsafah continued to be used to denote the activity of the philosophers.” In both cases, however, these terms have always been used as names for specific types of intellectual activity that Muslims came to identify with philosophy or what one could also translate in the second case, “theosophy,” whereas other disciplines cultivated within Islamic civilization and possessing notable philosophical dimensions in the Western sense of ‘philosophy’ have not been categorized in the classical period of Islamic history as either al-falsafah or al-Íikmat al-ilÉhiyyah.39
The Sources of Islamic Philosophy At the very outset, it has to be made clear that Muslim philosophers did not subscribe to the Western worldview which claims that reason alone is the source of knowledge. Reason, as Muslim philosophers argue, does not supersede or surpass the revelation. In the Islamic philosophy, the revelation is considered the source of true and authentic knowledge. The Qur’Én and Sunnah are the true bases of Islamic teachings. Thus, the principle of Islam must always be in line with these two foundations. Therefore, Islamic philosophy may be viewed as a work and effort of Muslim philosophers who were very committed to the Qur’Énic and Prophetic wisdoms (Íikam) and spent much of their times reckoning, reasoning, extrapolating and deducing those wisdoms from the Qur’Én and Sunnah in accordance with the Islamic worldview. Nasr argues that, Islamic philosophy is Islamic not only by virtue of the fact that it was cultivated in the Islamic world and by Muslims but because it derives its principles, inspiration and many of the questions from the sources of Islamic revelation despite the claim of its opponents to the contrary40 The same argument was made by C. A Qadir. He argues that “There is no doubt the Muslims received inspiration for philosophical and scientific thinking from the Qur’Én and the sayings of the Prophet and his companions”.41
39
Seyyed Hossain Nasr Islamic Philosophy from its Origin to the Present, (U.S.A: State University of New York Press, 2006), 1. 40 Nasr, “The meaning and concept…”, 27. 41 C. A Qadir, “Philosophy and Science in in the Islamic World” (USA: Croom Helm Ltd, 1988), 22
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Further, H. Corbin (d. 1978 A.D.) in his History of Islamic philosophy claims that spiritual exegesis of the Qur’Én and translations are the sources of Islamic philosophy.42 However, a critical analysis may view this claim otherwise. To refute this claim, the word “source” may need to be identified. Source means: basis, foundation, base, root, starting point, or beginning of something. If this is the nature of the word “source” how, then, can spiritual exegesis serve as a source of Islamic philosophy? The Islamic philosophy, in this case, may be seen as of little value. Spiritual exegesis of the Qur’Én cannot, in any way, be a source of Islamic philosophy. This is not just a claim. It is supported by many verses of the Qur’Én. AllÉh clearly tells us that He is the source of wisdom and He gives it to whomever He pleases. He also says, “He (AllÉh) grants wisdom to whom He pleases, and whoever is granted wisdom, he, indeed, is given a great good and none but men of understanding mind”.43 He also says, “This is of what your Lord has revealed to you of wisdom, and do not associate any other god with AllÉh lest you should be thrown into hell, blamed, cast away”.44 He also says, “And certainly We gave wisdom to LuqmÉn, saying be grateful to Allah, and whoever is grateful, he is grateful for his own soul; and whoever is ungrateful, then surely AllÉh is Self- sufficient, Praised”.45 He also says, “And We strengthened his kingdom and We gave him wisdom and clear judgment”.46 He also says, “And AllÉh gave him kingdom and wisdom, and taught him of what He pleased”.47 He also says, “And He will teach him the Book and the wisdom and TaurÉh and the InjÊl”.48 He also says, “…And AllÉh has
42
H. Corbin, History of Islamic Philosophy, (England: Kegan Paul International Limited, 1993), 1-22. Qur’Én, (2: 269). 44 Qur’Én, (17: 39). 45 Qur’Én, (31: 12). 46 Qur’Én, (38: 20). 47 Qur’Én, (2: 251). 48 Qur’Én, (3: 48). 43
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revealed to you the Book and the wisdom, and He taught you what you did not know, and AllÉh’s grace on you is very great”.49 Moreover, in the Qur’Én itself there are many verses which emphasize that AllÉh is the source of Knowledge. Without revelation there would not be knowledge. Allah says, “And AllÉh has brought you forth from the wombs of your mothers you did not know anything and he gave you hearing and sight and hearts that you may give thanks”.50 He also says, “Read and your Lord is the most Honorable, Who taught with the pen, He taught man what he knew not”.51 He also says, “…And you have not been given aught of knowledge but a little.52 Due to the above discussion, it may be concluded that the source of knowledge, in general, and the wisdom or Islamic philosophy, in particular, is the revelation namely the Qur’Én and Prophetic traditions, and that spiritual exegesis and translations can serve as factors which influenced Islamic philosophy. This short conclusion goes, partly, in line with the perception of S. Abdul Hai in his book Muslim philosophy.53 He argues that there are internal and external sources of Islamic philosophy; the internal are Qur’Én and ÍadÊth, and the external are pre-Islamic Arabic ideas and Greek, Christian, Persian and Indian philosophies. However, his argument over the internal source is acceptable, but his argument over the external sources remains a debated issue. It would have been more accurate and appropriate if he had said ‘external influences on Islamic philosophy’.
The Nature of Islamic Philosophy Qur’Én, (4: 113). Qur’Én, (13: 78). 51 Qur’Én, (96: 3-5). 52 Qur’Én, (17: 85). 53 S. Abdul Hai, .13-22. 49 50
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For the Muslim thinkers, philosophy is essentially a dispassionate search for ultimate truth, and has its roots in man’s practical need, both material and spiritual. They do not separate philosophy from religion. Philosophy in their views has a right to examine the truths of religion. However, the aim of Muslim philosophy was not only a synthesis of different sciences into a system of metaphysics, but also a synthesis of the realm of nature and realm of ends, and the synthesis of both of these with the social purpose and social development. The main aim of Islamic philosophy is not only to satisfy the intellectual urge, but also the moral, religious and social urge. Thus, philosophy was viewed by Muslim philosophers as a sound theoretical foundation for ideal living in which man, the vicegerent of Allah, comes to resemble his Creator as much as it is humanly possible.54
54
Khan, 1-2.
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The Value of Islamic Philosophy The value of Islamic philosophy is obvious in the sense that it is the philosophy that formed the background of European thought which claims to be the dominating philosophy in the world today. Before the Islamic philosophy, Europe was in a total darkness. It remained in such darkness until when the Islamic philosophy flourished into Europe through Spain, southern Italy and Sicily. The intellectual auropevenue leading from the portals of Toledo, through the Pyrenees wound its way through Provence and the Alpine into Lorraine, Germany and Central Europe as well as across the channel into England. Muslim philosophy became influential in the University of Paris throughout the thirteenth century. The Franciscan Friars took Muslim philosophy into England. Muslim philosophy was directly responsible for the Renaissance in Europe. Many of European colleges and universities like those of Palermo, Naples, Padua and Bologna were noted for their cultivation of Muslim sciences; and many thinkers like Thomas Aquinas (1274 A.D.), Duns Scotus (1308 A.D.), Dante (1321 A.D.) and Spinoza (1677 A.D.) were influenced directly by Muslim thought.55 However, it has to be made clear that there is a gigantic development in philosophy today which cannot, however, be understood unless when Islamic philosophy and its influence all over the world is studied. If the modern European thought and the spirit of Renaissance were initially the product of Muslim philosophy, then the modern philosophy cannot be fully understood unless when the Islamic philosophy is understood. Whosoever ignores the Islamic philosophy, he ignores an essential and important link in the development of modern Western philosophy. This may lead to the conclusion that in trying to understand the European philosophy, the study of Islamic philosophy is necessary.
55
Ibid, 3-2
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Basic Aspects of Islamic Philosophy The Islamic philosophy is not just a philosophy which emanated from hearsay or from an absolute rationalism like modern Western philosophy. It is a philosophy which revolves and gyrates around a set of beliefs and concepts. The Unity of God, Prophethood and the Hereafter are the irreducible fundamentals of this creed. These concepts are rooted in the basic awareness of man and realities of human experience. Human awareness springs from a sense of being which is inherent to man and his contemplation of the physical world. The Qur’Én dwells on the reality of human consciousness generated by an interaction of the inner self of man and outer world of nature. The universe is a vast mechanism of infinite complexity but it is perfectly ordered and regulated. Man has a limited vision and potentialities.56
Philosophy and Prophecy In the Modern world, especially in the West and other parts of the globe affected by modernism and postmodernism, philosophy and prophecy are seen as two very different things and, in the perception of many, as antithetical approaches to the understanding of the nature of reality. However, the reality is that there is an essential link between philosophy and prophecy. Nasr asserts, Now the modes of this function have differed from religion to religion, but the reality of “prophecy” is evident in worlds as diverse as the ancient Egyptian, the classical Greek, and the Hindu, not to speak of the Abrahamic monotheisms in which the role of prophecy is so central. If we do not limit our understanding of prophecy to the Abrahamic view of it, we can see the presence of prophecy in very diverse religious claims in nearly all of which it is not only of a legal, ethical, and spiritual significance but also of a sapiental one concerned with knowledge.57
56 57
A. Ahmad, Islamic Philosophy, (London: Koros Press Limited, 2012), 40. Nasr. 13-14.
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Even if the definition of philosophy is to be limited to and based entirely on the modern perspectives, the rapport between philosophy and prophecy can be said to be a very close one at the very moment of the genesis of Greek philosophy. We also come to realize that the two drifted apart only later and were not separated from each other at the beginning of the Greek philosophical tradition. Let us just consider one of the most important figures at the origin of Greek philosophical speculation, Pythagoras, who is said to have coined the term philosophy. He was certainly not an ordinary philosopher. He was said to have had extraordinary prophetic powers and was himself like a prophet who founded a new religious community. The Muslims in fact called him a monotheist (muwaÍÍid) and some referred to him as a prophet.58 However, in all of these worlds, prophecy, which is a central reality, creates consequences with which philosophy has to deal. It provides laws, political, ethical and moral teachings that philosophy has to consider. Moreover, it claims to have provided the knowledge of the nature of reality as well as the knowledge of the origin or source of all things. The fruit of prophecy is the knowledge of all of the major aspects of reality experienced or speculated about by human beings, including the nature of time and space, form and substance, causality, destiny and numerous other issues with which philosophy in general is also concerned. Therefore, by considering the above discussion, there is no way a line could be drawn between prophecy and philosophy. They are intricately intertwined.
A Short History of Islamic Philosophy and its Development (a) Introduction
58
Ibid., 2.
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At the beginning, it has to be understood that the emergence of Islam marked came along with its philosophy. The basis and principles of that philosophy is the revelation, the Qur’Én and ÍaÌÊth of the Prophet (p.b.u.h) which are full of wisdoms (Íikam). True and authentic philosophy must be, therefore, in line with their teachings. It is because of this that all of the Muslim schools of thought tried to base their philosophical discourse in line with the teachings of the Qur’Én and sunnah. The first Muslim school of thought to come into scene was that of Kharijites. They based their philosophical argument over the following verse:
٥٧ :ﭽ ﮮ ﮯ ﮰ ﮱﯓ ﯚ ﭼ األنعام The judgment is only Allah’s. Similarly all other mutakallimËn like Shiites,59 Qadarites,60 MuÑtazilites61 and so on tried to substantiate their philosophical arguments by using some verses of the Qur’Én. Even the later Muslim philosophers who were deeply influenced by foreign philosophy tried to support their arguments by using the revelation.
(b) Growth and Development of Islamic Philosophy Within a short period after the death of the Prophet (p.b.u.h), the Muslim soldiers conquered some various non-Arab lands. This conquest exposed Muslims to some various non-Arab thoughts,
59
ShÊÑah are the followers of caliphate Ali, whom they believed to be Prophet's successor in the Caliphate. Twelver ShÊÑah (Ithnā'ashariyyah) is the largest branch of ShÊÑah Islam, and the term ShÊÑah Muslim is often taken to refer to Twelvers by default. As of 2009 Shia Muslims constituted 10-13% of the world's Muslim population. 60 Qadarites are adherents of the doctrine of free will. The word Qadar means (power or rights). Qadariyyah was one of the earliest philosophical schools of thought in Islam. The doctrine espoused notions of rationalism and contained elements of Greek philosophy. Qadarites maintain that Allah gave man free will, without which one cannot be fully accountable for one's actions. 61 MuÑtazilites are the followers of the school of Islamic theology which is based on reason and rational thought that flourished in the cities of Basra and Baghdad, both in present-day Iraq, during the 8th–10th centuries. The adherents of this school are best known for their denying the status of the Qur'an as uncreated and co-eternal with God. From this premise, they proceeded to posit that the injunctions of God are accessible to rational thought and inquiry: because knowledge is derived from reason, reason is the final arbiter in distinguishing right from wrong.
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especially the Egyptian, Indian, Greek and Persian. As a result, they assimilated those thoughts and adopted them into their own Islamic intellectual thoughts. Another important aspect which helped in the development of Islamic philosophy was the conquest of Egypt and the fall of Syria and Mesopotamia. As a result, all of the intellectual works and accomplishments achieved by those great lands became accessible to Muslims. They translated a large number of them into Arabic within a very short period. Bayt al-×ikamah established and developed by al-Ma’mËn (d. 813 C.E.) was another important factor. Caliph al-Ma’mËn founded the house of wisdom (Bayt al-×ikamah) and assigned YËÍanna ibn MÉsawayh (d. 857) to be its director, and he was later succeeded by one of his students, ×unayn ibn IsÍÉq (d. 873).62 The translation exercise embarked on by this academy was supervised by great Muslim philosophers who were well versed in both Arabic and Greek languages like al-KindÊ. The academy brought about some profound achievements towards developing the Islamic philosophy. It produced a great number of translated works. All of the books of Empedocles, Pythagoras (d. 495 B.C.), Plato (d. 348 B.C.), Aristotle (d. 322 B.C.), Theophrastus (d. 287 B.C.), Aphrodisius (d. 65 A.D.), Plutarch (d. 127 A.D.) and Proclus (d. 485 A.D.), were translated into Arabic language.63 Moreover, Greek doxagraphy, histories of philosophy and writings on philosophers were also translated. All Greek works dealing with other sciences like Mathematics, Medicine and astronomy were not left behind. Books dealing with history, politics, religion and poetry were also
62 63
Corbin, P.16. Khan, P.35.
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translated. They, in addition, translated the Persian books containing philosophies of their great thinkers like Zoroaster (d. 523 B.C.)64 Mani (d. 274 A.D.)65 and Mazdak66 (d. 524 A.D.).67
(d) The Great Muslim Philosophers and their Contributions Islamic philosophy produced great thinkers who contributed immensely to the development of philosophy in the Muslim world. The translation undergone by Bayt al-×ikmah has also contributed to the emergence of those people with great minds. However, their works can be divided into three namely: 1) Translations, 2) Commentaries and 3) original or independent works. In this segment, the research attempts to explore some of those philosophers and outline their contributions.
1- Al-KindÊ (801-873 A.D.) AbË YËsuf YaÑqËb ibn IsÍÉq ibn ØabbÉÍ al-KindÊ. He was born in the early ninth century C.E in KËfah. He studied Greek, Persian and Indian philosophies in BaÎrah and KËfah. 68 Al-KindÊ was said, traditionally, to be the first philosopher of the Arabs who embraced Neo-Platonic way.69 He served as a supervisor in Bayt al-×ikmah. There were More than 260 works under the name of al-KindÊ most of which became lost. Some of his translated treatises made him popular in the West.
64
Zoroaster was said to be the founder of Zoroastrianism. He was a native speaker of Old Avestan and lived in the eastern part of the Iranian Plateau. He is credited with the authorship of the Yasna Haptanghaiti as well as the Gathas, hymns which are at the liturgical core of Zoroastrian thinking. Most of his life is known through the Zoroastrian texts. 65 Mani was the founder of Manichaeism, a gnostic religion of Late Antiquity which was once widespread but is now extinct. He was born near Seleucia-Ctesiphon in Parthian Babylonia , Iraq, at the time still part of the Parthian Empire. 66 Mazdak was an Iranian reformer and religious activist who gained influence under the reign of the Sassanid Shahanshah Kavadh I. He claimed to be a prophet of Ahura Mazda, and instituted communal possessions and social welfare programs. 67 Khan, 35. 68 Ibid., 37.` 69 Oliver Leaman, Islamic Philosophy, (UK: Polity Press, 1999), 5.
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Recently, about thirty of his works have been found in Istanbul and hence many of them have been edited, particularly the treatise On the first philosophy, treatise On the Classification of Aristotle’s Works and treatise On the Intellect. The surviving works of al-KindÊ, indeed, made him to be a great philosopher.70
2- Al-RÉzÊ (865-925 A.D.) AbË Bakr MuÍammad ibn ZakariyyÉ ibn YaÍyÉ al-RÉzÊ was another great Muslim philosopher who contributed greatly to the development of Muslim philosophy. He was born in Rayy near present day Tehran. Al-RÉzÊ was said to be, apart from being expert in different fields of sciences, a gigantic philosopher. He authored about two hundred works. He wrote a commentary on Plato’s works, a critic of MuÑtazilism and so on. Further, despite that, He wrote many works out of which only a few survived. The record of his conversation may indicate that he regarded philosophy as an end in itself.71
3- Al-FÉrÉbÊ (870-950 A.D.) AbË NaÎr MuÍammad ibn ÙarkhÉn al-FÉrÉbÊ is amother great Muslim philosopher. He was born in FÉrÉb around 870 A.D. and died around 950 A.D. He studied in in BaghdÉd and ×arrÉn, and later on went to Syria and Egypt and at last settled in Damasscuss where he died. He knew many languages among which were Persian, Turkish, Greek and others. Al-FÉrÉbÊ is regarded as an important early philosopher who set the stage for much subsequent Islamic philosophy particularly that of the influential Peripatetic school.72 He was said to be the most influential philosopher of his time. This earned him the title of al-MuÑallim al-ThÉnÊ. He
70
Corbin, 155. L. E. Goodman, “Muhammad ibn ZakariyyÉ al-RÉzÊ” ” in History of Islamic Philosophy, 200. 72 P. S. Groff, Islamic Philosophy A-Z, (Edinburgh: Edinburgh University Press Ltd, 2007), P.38. 71
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contributed hugely to the development of Muslim philosophy. He was said to be the first intellectual person who wrote Encyclopedia of sciences.73 Al-FÉrÉbÊ’s works on philosophy include commentaries on the Aristotelian Organon and independent treatises. He also wrote a commentary on the De Interpretatione. In his more personal writings, he wrote KitÉb al-×urËf (Book of Letters) and KitÉb al-AlfÉÐ al-MustaÑmalah fÊ al- ManÏiq (Book of Utterances Employed in Logic). Al-FÉrÉbÊ’s Works on philosophy are more concerned with explanation on the relationship between the utterances which are employed in logic and utterances which are used in ordinary communication.74
4- Ibn SÊnÉ (980-1037 A.D.) AbË ÑAlÊ al-×usayn ibn ÑAbd AllÉh ibn SÊnÉ was born in a village called Ashfan near BukhÉrÉ around 980 A.D. Ibn SÊnÉ is popularly known in the West as Avicenna. This distorted pronunciation of his name came about after his works were translated into Latin in the twelfth century. It is said that it was Spanish missed pronunciation ‘Aven Sina’ that led to this distortion.75 Ibn SÊnÉ was also regarded as a great Islamic philosopher whose contribution was very great to the development of Muslim philosophy. The biography of Ibn SÊnÉ was said to be more authentic than that of the rest of the Muslim philosophers. This is because he wrote a great part of his autobiography, and after his death it was completed by his disciple al-JËzajÉnÊ. Ibn SÊnÉ authored many books in the field of Islamic philosophy. The most famous ones are: ÑUyËn al-×ikmah (Sources of Wisdom), al-IshÉrÉt wa al-TanbÊhÉt (Remarks and admonitions) and al-ShifÉ which is said to be the most detailed philosophical work that he wrote. The book
73
Khan, P.45. D. L. Black, Al-FÉrÉbÊ, in History of Islamic Philosophy, 179 75 Corbin, 167. 74
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consists of four main topics: logic, physics, metaphysics and mathematics. He also left many essays and poems among which are: RisÉlat al-Tayr (The Epistle of the Bird), RisÉlah fÊ al-ÑIshq (Essay on love) and TaÍÎÊl al-saÑÉdah (Attainment of Happiness).76
5- Al-GhazÉlÊ (1058-1111 A.D.) AbË ×amid MuÍammad ibn MuÍammad al-GhazÉlÊ al-ÙËsÊ was born around (1058 A.D.) in ÙËs, a city in Khurasan, Persia. Al-GhazÉlÊ is another great Muslim philosopher who attempted to point out the mistakes, logical incoherence and contradictions of philosophers. He also charged philosophy for two things: 1-that it is in contrast with its principles since it cannot establish its conclusions based on its premises, and 2- that it is irreconcilable with religion since it does not leave room for it.77 He spent his early life teaching at NiÐÉmiyyah in BaghdÉd. It was during that period he wrote MaqÉÎid al-FalÉsifah (The Intensions of Philosophers) in which he gives a detailed account on Peripatetic philosophers, and later on the book was followed by TaÍÉfut al-FalÉsifah (The incoherence of philosophers) in which he critiqued twenty of their most problematic claims.78 Apart from these two books, he also wrote many books in which he contributed greatly to the development of Islamic philosophy such as: IÍyÉ’ ÑUlËm al-DÊn (Revival of the Religious Sciences) Al-Munqidh min al-ÖalÉl (The deliverance from error) and many others.
6- Ibn Rushd (1126-1198 A.D.) AbË al-WalÊd MuÍammad ibn AÍmad ibn MuÍammad ibn Rushd was born in Cordoba around (1126 A.D.). Ibn Rushd is popularly known as Averroes in the West. His father was said to be a
76
S. Inati, Ibn ØÊnÉ, in History of Islamic Philosophy, 231-233. Leaman, P.7. 78 Groff, 45. 77
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great scholar under whom he studied religious sciences. He studied medicine under AbË MarwÉn ibn Jarbol, and Philosophy AbË JaÑfar HÉrËn.79 Ibn Rushd, therefore, was not only a scholar of philosophy but also theology, medicine law and many others. His contribution was also very great. He authored many books in different fields of study among which are: TahÉfut al-TahÉfut (Incoherence of the Incoherence), FaÎl al-MaqÉl (Decisive Chapter), al-Kashf Ñan ManÉhij alAdillah. He died in Morocco around (1198 A.D).
79
Khan, 100.
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CONCLUSION After having a brief survey on the concept and meaning of Islamic philosophy, its sources, nature, value and its growth and development it became clear that revelation contains the core and fundamental philosophical inspirations of Muslim philosophy, and that translations and other philosophies like Greek philosophies, Indian philosophies and Christian philosophies can only serve as external influences over Islamic philosophy not its sources. It is also found that the claim that revelation does not contain any philosophical or mystic notions, and that Mystics and philosophers are not, in any way, indebted to it, is just mere assertion or vague argument which has not any concrete basis.
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Bibliography Abdul Hai S. (1982). Muslim Philosophy. Dhaka: Muhammad Azizul Islam Islamic Foundation. Ahmad A. (2012). Islamic Philosophy. Koros: Koros Press Limited. Corbin H. (1993). History of Islamic Philosophy. England: Kegan Paul International Limited. Groff P. S. (2007). Islamic Philosophy A-Z. Edinburgh: Edinburgh University Press Ltd. Khan A. M. (1973). The Elements of Islamic philosophy. Pakistan: Ashraf Press. Leaman O. (1999). Islamic Philosophy. London: Polity Press. _________. (2004). An Introduction to Classical Islamic Philosophy. United Kingdom Cambridge University Press. Majid F. (2000). Islamic Philosophy, Theology and Mysticism. USA Oneworld Publications. Nasr, H. S. (2003). History of Islamic Philosophy. Edited by S. H Nasr and O. Leaman. London: Routledge. _________. (2006). Islamic Philosophy from its Origin to the Present. New York: State University of New York Press. Shabbir A. (2008). The Quran and the Secular mind: A Philosophy of Islam. London and New York: Routledge. Sheikh M. S. (1982). Islamic Philosophy. London: The Octagon Press Ltd. Walzer R. (1962). Greek into Arabic: Essays on Islamic Philosophy. Massachusetts: Harvard University Press. Watt W. M. (1985). Islamic Philosophy and Theology: An Extended Survey. Edinburgh University Press.
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DIVERSITY EXPLOSION: ISLAMIC PRINCIPLES GOVERNING ORGANIZATION BEHAVIOUR Najla Turk ConnEQt Australia
[email protected] Abstract Most workforces today are faced with challenges by way of diverse employees and even though diverse employees represent many countries, religions, cultures and race, managing diversity is challenging and the most critical element to organisations wanting to succeed in a competitive environment. What is needed is an awareness of the benefit of applying core Islamic principles to develop leadership capability to better manage the diversity explosion that exists today. Without conscious awareness and demonstration of religious values organisations may suffer financial loss due to high employee turnover, absenteeism and workplace conflict. Not to mention employee disengagement costs organisations billions of dollars in lost productivity. Managing diversity is an art and the first stroke of organizational success is to break through any diversity barriers, address one’s approach to working with others and engage positively with all employees in a manner that results in guaranteed profitable outcomes. This paper addresses the areas where leaders can interrupt patterns of fear by applying emotional intelligence and encouraging learning and change to establish a blueprint for organizational success.
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AN ACCOUNT OF FUTURE OF ISLAMISM Morteza Bahrani Faculty member at Iranian Institute for social and cultural studies Khaled Sheykholeslami Political Science PhD student at Iranian Institute for social and cultural studies Abstract The future of Islamism may diverge into two approaches: the linear and the circular. The linear approach, distinguishes a beginning, a middle and an end to Islamism. While, it is a product of modernity, they believe, Islamism it will disappear in the processes of democratic politics when they are invited or involved with power. The circular approach draws historically recurring patterns of the rise and fall of the Islamic movements. According to this approach, enmity with the west is the stimulating force for the rise of movements. The validity of both approaches can be justified by empirical evidence. For example, in Turkey and Bahrain, the democratic rise of Islamic movements to the power, has resulted in de-radicalization of the movement. On the contrary, we have seen the rise of radical movements in Afghanistan and Iraq, where they are in direct conflict with the west over their identity. Finally, we would argue that the interaction of the west with Islamism will be fruitful to Islam itself. Key Words: Islamism, Future,Fundamentalism, Conflict Introduction “Islamism” seems to be of frequent occurrence in coming years. Understanding its aspects is of importance for scholars as well as for relevant policy-makers. Islamic revolution in Iran and its regional and international consequences, and USSR demise and US relative hegemony, and finally the September 11 event, gave rise to studies as to Islamic movements in a specific sense. Some aspect of these studies turned to the future position of Islamism which we aim to discuss it here. Of course, it doesn’t mean prediction or forecast, since anticipation has no certainty in humanities. Therefore, we want to compare two most famous theories on Islamism, having in mind new setting and old one, so that one may be able to draw a perspective of future in accordance with Islamism origins, its methods, purposes and challenges. Why Islamism? Concepts such as fundamentalism, extremism, Islamic movements, political Islam, revivalism, and Islamism implying to this incident as a whole, each considers a certain face of it, among them the last is more wide and appropriate. Although a historical review is need to explain origins of an “Islamist behavior”, but I just mention that new face of Islamism rose from resurgent movement of Seyyed Jamal. However, when explaining Islamism, its major and minor dimensions should be considered; Dimensions which Islamism requires, existentially and conceptually. These elements could be summarized as follow: a. Islam and SHARIAT and type of version presented of it; b. A self-growing or self-organized movement with its members name themselves as Islamists; c. Some government which these Islamists could establish in some cases; d. States in Islamic countries which Islamists see inevitable to interact with them; f. Secular intelligentsia, mostly Muslim, (partly non-Muslim), who interact with Islam affirmatively and with Islamists negatively. g. Western, non-Islamic governments whose interests, stability and security have close relation to Islamism. In addition, resources of Islamism include: a) general conditions (a failed political model, fighting to the west, religious decentralization and etc.), b) specific and certain processes (radicalism, media foreign support, Arab/Israeli conflict and etc.), and c) some catalyzer events (Islamic revolution in Iran, both USSR and Coalition war in Afghanestan, event of Sep.11, and so on). On this base, it could be noted that: 1. If we insist on only resort to Islam in definition of Islamism, Islamic secularism (another face of Islamic Protestantism)_ presented by Abdorrazigh, Khaled Mohammd khaled, Faraj Foudeh, Abdulkarim Soroush, Mojtahed Shabestari, Bazergan and etc. will be included as well. But if within Islam, power struggle and
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record of identity were of Islamism indicators, secularism would be out of Islamism and would be its rival. Thus Islamism fight to, not only Muslim seculars but, established governments in Islamic spheres and western states. From this perspective, the challenge has three level and so has triple consequences. 2. Moreover, Islamism confronts to serious problems in the following area: interaction to politics and democracy; legitimacy and sovereignty; legislation; political system and its conformity with council; human rights; party politics; women and their political and social role; freedom and liberty; election; interactions with political opposition; power transition and state formation; interaction with development and other faces of modernity; interaction with minorities and being minority in non-Islamic societies. 3. There are two approaches toward Islamism, one from Islamists and the other from western scholars. it seems that both view from outside and inside of Islamism are based on some “otherhood” which may allow to challenge remained .Although Islamists and foreign scholars addressed origins of Islamist movements and in this sense they have a common paradigm, but the former analyzed targets of Islamism and the latter attempted to explain its methods. Taking self-other distinction into consideration in both approaches, none of their notions and perspective could be neutral, particularly because each of them after describing themselves seeking some policy-making. However, it is worthy to note that theory and method apart from their relative independency and their separation from politics and ideology, mostly originated in persuasions, priorities and interests shaped in a variety of Paradigmatic forms and manners.xxviii On the other hand, since rules of social sciences and humanities are mostly products of western thinking and experience, type of Knowledge of Islamists about themselves, even if this science has been reproduced and customized. This casts doubt upon core claim of Islamists: separation from the west and returning to Islamic values and expressions.xxix 4. Theorists from outside of Islamism could be categorized in two groups: confrontationalists and compromisationalists. The former is based on Hobbesian state of nature and evil nature of mankind, peoples live on axis of fear and greed in this status so vis- a –vis one another. But the latter focus on political rationalism of these groups, regards them educable. According to this view Islamism is a modern phenomenon appeared to protest problems in Islamic world like poverty, cultural gaps and crisis of identity. In principle ,this is a cultural challenge which requires cultural solution , and Islamism ,specifically through democratic campaign, could be absorbed and undermined; and will be disappeared by involving them in power and democracy process. In their eyes, extremism originated out of religion and in real world in cultural disappointment, economic failure, political pressure, and intellectual disturbance of their societies. These factors don’t reflect quarrelsome but problems remained unsolved and accelerated by religious attitudes. This attitude sees Islam compatible with democracy. These theorists believe that we should not generalize extremism of some groups Islamists to all, but conversely, we should support Islamic moderates; “the problem is not that what is Islam, but the principal question is what Muslims want.”xxx Conversely, confrontationalists believe in serious conflict of Islamists and don’t find any way to compromise. In their belief, Islam and Islamism are similar to communism for its confrontation with west. From this perspective, challenge between Islam and the west is basically a philosophical and intellectual one: between western values and Islamic identity, and no compatibility between them could be drawn. Islamism is a movement which will be defeated by its intellectual and philosophical contradictions. Attempts of the west to promote its values, (democracy and liberalism) as global values, and maintaining their military, economic and political dominance stimulate responses of Islam among other civilizations. xxxi 5. Obviously, these two image of Islamism are neither based on only individual preferences nor resulted from intellectual space in the west. Rather, Muslims scientists and their thoughts have had impacts on this situation. Mawdoodi, Seyed Qotob, Rashid Reza, Hassan al-Banna, Abdo-assalam Faraj, and their opinions are embedded in confrontational group. Conversely, Mohammad al-ghazali, Qardavi ideas and most of Islamic intellectuals reside the west such as Akbar Ahmad and Hasan Hanafi amplify compromisational position . Combining two mainstreams
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In spite of range-being of theories presented about future of Islamism and Islamic movements in Islamic countries and the world, two ideal-type could be illustrated: A containment and downwards orientation in a direct linear way and the other is discontinuity and a perfectionist movement in a dynamic periodic and purposeful direction. But in spite of various theorizations this assumption remained unproven; on one hand it is said that Islamism is a modern phenomenon in present form which in spite of its long precedence is product of modernity. Thus, Islamists participation in state of coalition and their involvement in power domain undermine their ability and potential and they absorbed and solved into power framework. And in a more optimistic view, terrorism will be wiped off the map, cooperation between Islamic world and the west will be expanded and Persian gulf and the middle east problems settled in a sustainable manner .All this measurements will be realized by the west and in particular US support through meaningful political reforms and developments. Second assumption illustrates periodical and perpetual dynamism of Islamism with its core which is opposition to any enemy, here the west, and propensity to pure Islam. Indeed, its success depends on its radicalization which intensified by west and specially USA presence. In this view, their activities become Islamic more and more. Within this assumption islamists activities within democracy or beyond, oriented to overthrow the governing regimes and to set aside western –oriented forces .This will be a persistent trend due to its unsuccessful operations, islamists will increase their dynamism through disclosing westernoriented policies of governing regimes and extremist measurements against US goals and interests. Even though internal policies democratized, conflict continues for democratic dependence of systems of their countries to the west. Future of Islamism seems attuned to both trends. Parallel with promoting liberal principles of globalization and futurism through global networks and penetrating this idea into even the most closed homes of islamistsxxxii, the first hypothesis – absorbing into power acquisition process and undermining their capabilities within coalitional states _ supported and amplified, a probable trend in Turkey and to some extent among Shiites islamists in Iraq and Bahrain, because islamists chance in democratic processes is high. However, the second hypothesis based on identity acquisition and makes sense in opposition to the west will persist in the form of smaller groups, but organized, as well. Occasional resistances and riots by Sunni Muslims in Saudi Arabia, Iraq and Pakistan support this preposition. Although, there are evidences against both of these hypothesis. Unexpected reaction to democratic campaign of Islamic Salvation Front in Algeria and military suppression of their victory in parliamentary election in fall of 1991 in which army supported by western states canceled the results of election and also military conspiracy against Refah party in Turkey and resistance against the Wasat party involvement in power in Egypt cast doubt upon the assumption of Islamism involvement into democratic trends and its absorption. The possibility of mosles propensity to political Islam in Central Asia specifically with its middle eastern characters nowadays active in the form of Hezb al Tahrir, Islamic Resurrection movement of Tajikistan, Uzbekistani Islamic Movement, and to some extent Alqaedeh in Uzbekistan, also is considerable in this regards. It was expected that Hezb al Tahrir like Jemaat al muslims (under Shokri Mostafa leadership) and Islamic liberation organization (under Saleh Sariyeh) in Egept undermined in 1970s and 1980s. But after Taliban overthrow, the possibility of Alqaedeh absorption into Hezb al Tahrir increased. This is why military bases in Uzbekistan and other countries in region assigned to the USA forces. However, this hypothesis that the west and Islamism interaction finally ends in favor of Islamism, is a case for deliberation. That is, the west in first step following superiority of accelerating force of Islamism in theory and thought, attempted, to disturb public opinions by means of media. This trend continued for a long time and replaced Communism by Islamism as a new foe. Although the source of this attempt were states, its target was ordinary citizens; Step by step the idea of aversion dominated, so the concepts of Islamism, fundamentalism or names such as Imam Khomeini, Rashid Ghanoshi, and countries like Iran, Pakistan and Egypt were seizing sleep from their eyes. 11 September incidence gave rise to increased that attempt and this credibility; but at the same time muslims intellectuals – especially those reside the west _ such as Akbar Ahmad, Zeia al din sardar ,Seyed Hossein Nasr, Hisham Joeit, Hassan Hanafi, Abdoallah l,Aravi, etc. began their attempt to clear
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Islamism of suspicion. These years post 11 September is peak of that attempts. This has been cleared for western peoples that statesmen insist on Islamism instead of Islam is atempting reductionism and is not reliable any more and it seems that they try to understand and interpret this phenomenon in order to recognize Islam. strategic reflections 1. as to the west and US In relation of Islamism to the west especially US, several points will be noted here. Primarily, it is worth to note that there is a gap between US interests and interests of other western countries, so that most of western states see Islamic world as no threat to their interests. Hence, there is unlikely to assume a unified west. muslims migration to the west countries undermined the assumption of a unified Christian west.xxxiii 1. In American neoconservatives viewpoint, principal threat to USA hegemony and interests in the great middleeast is political behavior of Islamist Muslims. A threat that Although intensified by US itself and resulted from US misjudgments to some extents, may cast US prominent technological capabilities in dangers due to obtaining the same products. Following US failure to national and international settlement in classic way and 11 September incident, US pursued simultaneously two policies: 1) direct military attack on threat places -Iraq, Afghanistan, and likely Iran and Syria – and 2) political system building in the middleast and pursuing the great middleast project. Underpinning of this project is regime change but change of status quo based on alteration of concept of region. Nation state building as a modern state and a type of religion-building would be considered within this process. This democratic Islam meets demand for Islam and democracy, simultaneously, without any threat to USA interests. Ideal–type state building in Afghanistan and Iraq allocated a great deal of US capabilities and costs. The other side of the coin is to show disability and failure of Iranian pure Islam .This may be resulted in specific consequences for region. 2. In present stage, looking for a combination of controlled Islamism with directed democracy, US demands for a model which meets Islamism requirements and controls Islamism trends.US seems not to be able wipe Islamism trend off the map; this may be efficient for US in different respects. Paul Wolfowitz stated: “we need to Islamic reformism movement.”xxxiv In this stage, US continues its need to Islamism in a form of religion_building. As Pipes stated: “final purpose of war against terrorism should be Islamic modernization or religion building .Such a program Ought to be endeavored not only in Islamic world but among muslims reside west, because they represented by Islamic organizations.”xxxv 3. Gilles Kepel in an article illustrated this issue in a clearer way. In his viewpoint –homophone with most other western intellectuals—democratization of the middleast is the last segment of democratization process in the world .Such a democratization ,in their view, necessarily contradicts with Islam. Meanwhile, this is Isalm that must become scapegoat. On the other hand, because of western leaders awareness of Muslims fanaticism upon Islam they seek to achieve this goal in such a way with less side effects at least for their interests. Hence, transformation and transition in Islam should be endogenous. Reformation in Muslims thoughts as carriers of islam is the most important way to achieve this aim. xxxvi With respect to a wide range of Islamism and position of Iran in its extremist end after Islamic revolution and US attempts to fight Iran through supporting Sunni Islam and its reverse consequences for US in 11 September incident, could we witness such a contrary trend in relation to religion building? While US seeking to establish and promote such a version of pure Islam with tolerance, democracy and pluralism is its salient aspect (character), is it possible that in the light of developments the results become reverse and Iran be the final winner of this game? 2. as to Iran Islamism trend and particularly war against terrorism brought together Iran and America in different ways .Negative disputes upon nuclear energy and crisis of the middleast on one hand, and US presence, surrounding Iran on the other, are the evidences on this claim. One could summarize strategic notes of Islamism for Iran as follows:
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1. One of strategies in relation to interaction between Iran and Islamist trends is to emphasize on national interests in theory and practice and to bring two domestic trends together (one emphasizes on national interests and another focuses on Islamic expedience) .This may come in action by presenting a transparent definition of national interests and to achieve consensus between political elites through some political rationalism in political practice sphere. 2. Although Islamic movements are older than Islamic revolution in Iran, the latter stimulated and accelerated those movements in 80s and 90s, considerably. Export of revolution demand by Iran became inspiring for these movements. “Our revolution will be succeeded only when we introduce our school and ideology –pure Islam –to the world.”xxxvii If Islamic republic of Iran claims Islamic world leadership and exportation of a pure version of Islam, it will succeed only when establish a democratic efficient and effective government. From this point, Iran will be able to influence in the Islamic world. 3. As to preliminary spiritual and physical connection between Iran and Islamic movements and subsequent disconnection, it should be noted that Islamic revolution is not sufficient cause of Islamic movements all over the world, no its retaining cause. Islamic revolution, itself, is an Islamic movement which defeated a non-Islamic regime and established an Islamic one. This movement infused new spirit and strong motivation into Newly-established Islamic trend through fighting against the west, while before revolution Islamic movements were active in countries such as Egypt and subsequent existed movements in countries such as Lebanon ,Iraq ,and Arabian countries at coast of Persian gulf remaining active. For example , in Bahrain, fighting against domestic despotism _ on one hand ,because of their resistances ,and moving towards political rationalism by central government, on the other _ has been diminished, but basic principle of struggle for reviving Islamic identity and promoting Islamic norms essentially in contradiction with western values, remains alive and flowing. 4.Therefore, organized movements cooperations with state in order to democracy achievement and decrease of non spiritual supports of Islamic revolution from these movements ,and increased inter-state cooperations with countries with Islamic movements don’t contradict Islamism movements existence .On the other hand, because of expanded propaganda by the west in favor of Iran, most likely coming close of Iran state to nation-states confronting Islamism occurrence and relative decrease of attraction of Islamic revolution for these movements, as well, is a proper opportunity for restructuring in a new form. Although, even before national and regional developments directed to detent in Iranian foreign policy, most of Islamic movements in Arab world didn’t follow Islamic revolutionary policy. In their views, Iranian policy to continue war against Iraq was not acceptable. Although for others, resolution 598 acceptance by Iran considered as Islamic revolution weakness and its failure against Iraq.xxxviii Conclusion The outcome of research about Islamism is not suppose to be a specified strategy, but a multi_line spectrum; because of variety and diversity in Islamic movement kinds, so make it impossible to present just one theory to characterize them. Another reason for this is the interaction between islamists and their adversaries about identity problem and power acquisition which intense extremis for identity and simultaneously repressing them by their governments and international forces. Therefor, it is important that, oppsite to Fuller in his book, Future of Political Islam, Islamism is not completely equal to Political Islam, then to generalize the political effects and outcomes behavior to identity problem. The main object is that the problem for these movements is not their survival and their existence, they will continue their life actively; but useful and constructive solution to their cardinal difficulties is what they request. The wrong answers, will bear the wrong question and more problems, as US war against terrorism and its likely failure to wipe terrorism of the map increased muslims hate of US in these societies as a logic consequence. In parallel of increased terrorism attacks to US on a small scale, relations between muslims reside in the west and native citizens will become challenging and in consequence civil liberties in these countries will be effected by this trend and this in turn will beget violence.
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xxviii
. As March and Stoker (1995) has mentioned in their important work this problem. See: Marsh, D. and Stoker, G. (eds) Theory and Method in Political Science, 2nd end, London, Macmillan, 2002. (introduction). xxix . Hisham Sharabi, “The Scholarly Point of View: Politics, Perspective, Paradaigm”. In: Hisham Sharabi, (eds), Theory, Politics and the Arab World, London, Rotledge, 1990,p5. xxx . Graham E. Fuller, The Future of Political Islam, Palgrave, 2003. xxxi . for an elaborated research in this area, see: Fawaz A. Gerges, America and Political Islam: Clash of Cultures or Clash of Interests? Cambridge Univercity press, 1999. xxxii . Akbar. S Ahmed and Hastings Donan, (eds) Islam, Globalization and Postmodrenity, London, routledge, 1996. xxxiii . Gary Hart, The Fourth Power, oxford, 2004, p.23. xxxiv . sited in: Hamshahri e Diplomati, no.2, p6. xxxv . sited in: Nameh ye Defaa, no.5, p81. xxxvi . Gilles Cepel, “War against Moslem thought”, Persion translated by sayyed Mostafa Lozhaini, in: Gozaresh e Goftegoo, no.15, p130. xxxvii . Morteza Motaheri, Piramoon e Enqelab e eslami , Tehran, Sadra, 1361,p65. xxxviii . see also: Hamid e Ahmadi, Islamic Revolution and Islamic Movement, in : Hatam Qaderi (eds), Majmooe Maqalat Piramoon r Jahaan e Sevvom, Tehran, Nashr e Safir, 1369, pp. 151-155.
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DEFINING A CONCEPTUAL FRAMEWORK OF HUMAN WELLBEING INDEX IN THE CONTEXT OF MAQASID AL-SHARI’AH: A CASE OF MALAYSIA Azila Ahmad Sarkawi1, Norimah Md. Dali2 and Alias Abdullah3 Abstract Human wellbeing index in the form of liveability studies are commonly debated nowadays both at the international level as well as at the local level. At the former level, three popular organizations are persistently making headlines with their cities ranking studies. They are the Economist Intelligence Unit, Mercer and Monocle. Meanwhile at the Malaysian level, this topic is also taken up by several key government agencies like the Economic Planning Unit, the National Population and Family Development Board and the Federal Town and Country Planning Department. There are other bodies that attempted to produce Islamic-oriented wellbeing index in Malaysia like the Institute of Islamic Understanding Malaysia (IKIM), Department of Islamic Development Malaysia (JAKIM), and the Institute for Community and Peace Studies (PEKKA, UPM). However, indexes of the three world organizations and the Malaysian Indexes could be said as lacking the Maqasidic approach as enshrined in the Maqasid al-Shari’ah (the objectives of Islamic law) doctrine. Hence to address this gap, this study aims to propose a conceptual framework of human wellbeing index in the context of Maqasid alShari’ah. Subsequently, the three basic principles of Iman (faith), Islam (submission) and Ihsan (benevolence) are discussed in relation to the five essentials of Maqasid al-Shari’ah namely faith, self, intellect, posterity and property. Their application at the three levels of the social structure i.e. individual, family and community is later on elaborated to establish a Maqasidic approach for human wellbeing. This approach then be attested against the five established themes of human wellbeing domains notably politics and governance, economy, social and culture, environment and infrastructure. Finally, a conceptual framework of human wellbeing index is proposed to provide the Maqasidic measurement for human wellbeing. This study is exploratory in nature through rigorous library research and employing the content analysis technique. Keywords: liveability, human wellbeing, indexes, Maqasid al-Shari’ah, Islam.
1.0 Introduction Realizing that the world liveability indicators as championed by the three organizations i.e. Economist Intelligence Unit (EIU), Mercer and Monocle is lacking in the religious aspects, the Malaysian government through its agencies have attempted to incorporate religious indicators to gauge the level of liveability and wellbeing of its peoples. But they seem to be sketchy and not done within the framework of the Maqasid al- Shari’ah. Even though there have been attempts to use Shari’ah-based index before but most of those indexes were intended to
1
Department of Urban and Regional Planning, Associate Professor, International Islamic University Malaysia E-mail address:
[email protected] (Corresponding author) 2 Department of Urban and Regional Planning, PhD candidate, International Islamic University Malaysia E-mail address:
[email protected] 3 Department of Urban and Regional Planning, Professor, International Islamic University Malaysia E-mail address:
[email protected]
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measure the level of Shari’ah compliance in specific fields such as in the financial transactions and banking, and for purposes of social development. For example, the Malaysian Ummah Development Index (MUDI) which was carried out by the Institute of Islamic Understanding Malaysia (IKIM) in 2004 had expanded the EPU’s MWI and produced besides the economic development index and social development index; it also included the spiritual development index. However, the latter took into account only several superficial religious indicators like number of mosques, number of zakat payers, number of Tabung Haji depositors, number of prisoners, number of crimes and number of drug addicts per 10,000 population. Other government agencies that seemingly had considered certain so-called religious index include the LPPKN with its MFWI and the Happiness Index which is a sub-set of the MURNInets by the Federal Town and Country Planning Department. Notwithstanding,the five essentials of Maqasid al-Shari’ah (Faith, self, intellect, posterity and property) were not clearly highlighted and the element of religion, in this case Islam, has not been evaluated as one of the most important human wellbeing indicator. Maqasid al-Shari’ah encompasses all the essentials for living therefore can serve as a practical framework for the liveability model. By understanding the five objectives as protected under the Maqasid al-Shari’ah framework, we can attempt to ascertain and evaluate liveability for humanity. This framework will complement the conventional approach; therefore will help resolve liveability issues now being faced by the residents of cities. The first issue is faith and the objective of Maqasid al-Shari’ah is to protect and preserve faith. Thus anything that goes against the teaching of Islam, and consequently brings harm to the religion is not fulfilling this objective. The second objective is the protection of life for it will enhance the quality of life and not cause its destruction. Whatever that is forbidden and ethically unacceptable in Islam should be avoided otherwise it will risk living and may lead to perils to life. The third objective is protection of the intellect. This is not to cause any form of harm or risk to the human intellect.
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Muslims should therefore be cautious to drugs or medications that can affect their brain. The fourth objective is the protection of the posterity. Activities that jeopardize posterity should be disallowed and sanctioned as unethical. The final objective is the protection of property. Rights and safety of property should be safeguarded and preserved. Hence laws to deter thefts, misappropriation of getting and hoarding wealth are forbidden according to Islam therefore should be observed. Consequently, it is contended that when all the five objectives under the Maqasid al-Shari’ah framework are considered in making decisions, it is believed that it could assist in resolving many liveability issues like public safety, mental health problems, unhappiness, divorce, juvenile delinquency, misappropriation of funds and corruption etc. It is therefore conceived that Maqasid al-Shari’ah could be utilised as a pragmatic Islamic framework to strengthen the conventional liveability measurements. With that in mind, the strategy is aiming at developing a conceptual framework of human wellbeing index with a Maqasid in-put. This article is organised into five sections starting with introduction on the relevance and usage of Maqasid as a basis to human wellbeing measurement. Section two explains the connectedness between religion and human wellbeing where the principles of Iman, Islam and Ihsan are described in relation to human social structure. This is followed by a discussion on the various types of human wellbeing indexing already in existence in section three. Then section four elaborates the conceptual framework of human wellbeing index in the context of Maqasid al-Shari’ah whereby the preservation of the five essentials i.e. faith, self, intellect, posterity and property are attested. Section five is the conclusion to the discussion.
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2.0 Religion and Human Wellbeing Figure 1: Importance of Religion in Life. The discussion starts with a study done by Pew Research Center (http://www.pewglobal.org/2008/09/17/chap ter-2-religiosity/) on the importance of religion in one’s life. The result of the study is shown here in Figure 1: How important is Religion in your life. Generally, the score of 50% and above could be regarded as a substantial indicator to show the significance of religion in life. Thus, Pew Research Center discovered that out of the 23 countries surveyed, 17 countries recorded more than 57% on the importance of religion to their populations’ lives. Eight countries regard religion as very important where more than 90% of their population agree that religion is central to their lives. They are Indonesia, Tanzania, Jordan, Pakistan, Nigeria, Egypt, Turkey and South Africa. These are mostly countries having a large percentage of Muslims especially Indonesia and Pakistan where 99% and 98%of their respective population regard religion as important in their lives. In Turkey, despite its strong tradition of secularism, 94% say it is important. In the Arab nations like Jordan and Egypt, 99% and 97% registered religion as important respectively. In India, 89% of its population, who are predominantly Hindus, rate religion as important in life. In other more economically advanced countries even though religion is not widely practiced, religion is still considered somewhat important. For example Japan (41%), South Korea (45%) and Australia (46%).In Brazil and Mexico, religion is also considered somewhat important with a higher percentage of their population i.e. 87% and 86%
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respectively. But for Argentina, only 39% says religion is very important in their lives. In Europe, Poland is the only European country in which 79% of its population consider religion important. For France, Britain, and Spain – majority say religion is not important in their lives. Interestingly, the United States differs considerably from its Western Europe counterpart where 82% of her population consider religion as important of which 55% consider it as very important. On the same note, 57% of the Russian population (which used to be a communist country) consider religion as somewhat important of which 18% acknowledge that religion very important in their lives. Hence, it can be concluded that immaterial whether the religion is Islam, Hindu, Christian and others, what remains very important in human beings’ lives is religion or faith. 2.1 Three Basic Principles of Islamic Religion In Islamic teaching especially, religion and human wellbeing are indispensible. Islam is a way of life. This point is based on the Quranic verses and hadith as a principal source of knowledge and way of life in Islam. The iman, Islam and ihsan form the three basic principles in the religion of Islam. Iman is belief in Allah the Almighty, the Angels, the Messenger, the Qur’an, the Day of Resurrection and Allah’s destiny on mankind either good or bad.This belief is widely referred as the six articles of Iman. Belief in these six tenets constitutes the spiritual content of a Mukmin before he could be promoted into the fold of true submission to Allah SWT termed as Islam. The initial action of submission to Allah SWTis the pronouncement of the shahadah (the pledging that there is no God to be worshipped but Allah and Muhammad is His prophet), the five times daily prayers, the almsgiving, the fasting during the month of Ramadhan and finally the Haj pilgrimage to Mecca. These constitute the five tenets of Islam. Both iman and Islam are complemented with ihsan which are manifested as the best ways in
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term of submission of oneself to its Creator. Iman, Islam and Ihsan are well explained in the Prophet SAW’s hadith as follows: “Abu Hurairah reported, one day the Messenger of Allah (saw) appeared before the public that a man came to him and said: Prophet of Allah, (tell me) what is iman. Upon this, he (the Holy Prophet) replied: That you affirm your faith in Allah, His Angels, His Books, His Messengers and that you affirm your faith in the Resurrection hereafter. He (the inquirer) again said, Messenger of Allah, what does al-ihsan imply? He (the Holy Prophet) replied: That you worship Allah as if you are seeing Him, and in case you fail to see Him, then observe prayer (with this idea in your mind) that (at least) He is seeing you...” (Sahih Muslim, Book 001, Number 0004) It is narrated on the authority of (‘Abdullah) son of Umar (may Allah be pleased with them) that the Holy Prophet (May peace of Allah be upon him) said: “The superstructure of al-Islam is raised on five (pillars), i.e. the oneness of Allah, the establishment of prayer, payment of zakat, the fast of Ramadhan, pilgrimage (to Mecca)”. (Sahih Muslim, Book 001, Number 0018) It must be stressed that ultimately all the Islamic teachings embodied in the Qur’an and Sunnah has specific aim and objectives under the purview of Maqasid al-Shari’ah. A prominent Muslim jurist, al-imam al-Ghazali enlisted five essentials of the Maqasid alShari’ah namely faith, self, intellect, posterity and property that should become the core preservation doctrine in all human undertakings. Primarily, human undertakings revolve around three levels and they are individual, family and community. This is also evident in the four common divisions of the Islamic jurisprudence notably fiqh al-ibadat (Islamic personal law), fiqh al-munakahat (Islamic family law), fiqh al-mu’amalat (Islamic
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transaction law) and fiqh al-jinayat (Islamic criminal law). It involves from the rulings concerning an individual Muslim (fiqh al-ibadat) to family institution (fiqh al-munakahat) and community (fiqh al-mu’amalat) and finally the punishment of wrongdoings as stipulated in fiqh al-jinayat. Figure 2 shows the social structure and its governing principles in Islamic living.The ultimate aim of this structure is towards the attainment of quality of life, social wellbeing and liveability of humanity via safeguarding faith, self, intellect, posterity and property. Figure 2: The Social Structure and its governing principles in Islam
SOCIAL STRUCTURE AND ITS Family GOVERNING PRINCIPLES IN Individual ISLAM
Community
Fiqh Mua’malat
Fiqh Munakahat Fiqh Ibadat (Islamic Personal Law)
Iman (Islamic - 6 Family Law)Ruku
(Islamic Transaction Law) •
nIma n
Fiqh al Jinayat - Hudud - Qisas - Ta’zir
Islam - 5 Rukun Islam Ihsan
3.0 Organisational-based Human Wellbeing Indexing Amongst the more popular worldwide liveability indexes are the Economist Intelligence Unit (EIU), Mercer (The global human resources consulting firm) and Monocle (The culture and lifestyle magazine). Each of them refers their index as the Global Liveability Index, Quality of Living Index and the Most Liveable City Index respectively. The first index consists of 30
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indicators grouped under 5 categories; the second comprises of 39 indicators broken down into 10 groups and the third is made up of 11 indicators with an addition of 22 metrics for its 2016 assessment. Based on rather standard indicators, as a result their world ranking of cities seem to be quite similar because the same cities appear as the top ten most liveable cities but with a slight difference in their ranking. Meanwhile, none of the Islamic cities have been listed in those rankings. Malaysia has not been rated at all in the three world rankings. Even though amongst the 57 members of the Organisation of the Islamic Conference (OIC) countries, Malaysia was recognized as at the number one rating in the Islamicity Index, Islamic Index of Wellbeing and Global Muslim Travel Index studies. Nonetheless, the OIC rating gave the impression of liveability or wellbeing in Malaysia within the Islamic sphere. Indeed, Malaysia has its own wellbeing indexes like the Malaysian Wellbeing Index (MWI), the Malaysian Family Wellbeing Index (MFWI), the Malaysian Urban-Rural National Indicators Network for Sustainable Development (MURNInets), the Malaysian Syariah Index (MSI), the Malaysian Ummah Development Index (MUDI) and the Muslim Religiosity and Personality Indexing (MRPI) under the respective government agencies namely the Economic Planning Unit, National Family and Population Development Board (in Malay, LPPKN),Federal Town and Country Planning Department (in Malay, JPBD), Department of Islamic Development Malaysia (in Malay, JAKIM), Institute of Understanding Islam (in Malay, IKIM) and Institute for Community and Peace Studies (in Malay, PEKKA, UPM).
4.0 Conceptual Framework of Maqasidic Human Wellbeing Index Despite the availability of numerous indexes on human wellbeing, their existence and indicators are based on specific organisational aim and objectives. For example EIU, Mercer and Monocle are intended to facilitate corporations in their decision-making and serve as a guide when sending their executives, managers and workers to the cities and compensate them
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with commensurate allowances. The ranking also woos expatriates, businessmen, investors and boosts the tourism industry of the cities. Similarly in Malaysia, the EPU devised the MWI essentially to complement the measurement of economic development which is traditionally based on income per capita; secondly to measure impacts of socio-economic policies on the quality of life and wellbeing of the people. Meanwhile, the objectives of MURNInets by FTCPD, amongst others, are to provide a diagnostic tool for urban managers, to make a regular performance review of urban sub-sectors and to prepare policy-sensitive indicators as a guide to urban planning decision making. On the other hand, the objectives of MFWI by NBPFD are to measure and describe the state of family wellbeing based on the set of indicators developed and to propose recommendations. With regards to the religious dimensionsin the existing Malaysian indexes of wellbeing, Azila et. al. (2016) found that they seem toappear either directly or indirectly via tracing their names. The earlier batch of the Malaysian indexes named as MWI, MFWI and Happiness Index in the MURNInets considered the religious dimensions in a rather non-specific and superficial way while the second batch comprising MUDI, MSI and MRPI named them quite directly and specifically. All three latter indexes portray Islamic-oriented indicators. On the contrary, the incompleteness of the MWI is quite obvious when the indicators used did not reflect the cultural component as defined by the document (See Figure 3 below).
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Looking at the progression from the base year, from 2000-2014, the highest improvements were in the Income & distribution and Education sub-categories under the Economic WellBeing and the lowest were the Family and Environment under the Social Well-Being category. Religion was not reflected at all. This clearly shows a lop-sided development in terms of overall Malaysian Well-Being Index thereby the quality of life as a whole. The religion aspect under culture was missing. MFWI and MURNInets, though attempted to include religious dimensions but gave inadequate emphasis on them.
Thus, efforts to construct a more
wholesome Maqasidic approach of human wellbeing indexing are rife and justifiable. Consequently, the conceptual framework of maqasidic approach of human wellbeing index is proposed shown in Figure 4 below followed by its description in Table 1.
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Figure 4: Conceptual framework of maqasidic human wellbeing index
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Table 1: The Maqasidic Human Well-Being Index Framework THREE RELIGIOUS BASIC PRINCIPLES
FIVE ESSENTIALS OF MAQASID SHARIAH
THREE LEVELS OF APPLICATION
FAITH
INDIVIDUAL FAMILY COMMUNITY
SELF
INDIVIDUAL FAMILY COMMUNITY
IMAN
ISLAM
INTELLECT INDIVIDUAL FAMILY COMMUNITY POSTERITY
INDIVIDUAL FAMILY COMMUNITY
PROPERTY
INDIVIDUAL FAMILY COMMUNITY
IHSAN
FIVE DIMENSIONS OF HUMAN WELLBEING POLITICS Political and governance systems that: lead to remembrance of Allah SWT and its translation into actions
ECONOMICS Economics systems that:
SOCIAL Social systems that:
ENVIRONMENT Both natural and built environment that:
INFRASTRUCTURE Physical amenities and facilities that:
uphold Islamic mu’amalat in every branches of human dealings
embrace the human creation as collective in nature within the Islamic prism
contribute to the wellbeing of the people towards manifesting their roles as khalifah on earth
lead to selfdevelopment towards mardhatillah in this world and hereafter
fulfil needs of every levels of human self in particular their necessities
promote healthy relationship amongst members of the community
boost the intellectuality of the people through exemplary leadership, transparency and accountability
stimulate critical thinking towards uplifting human wellbeing
create knowledge culture formally and/or informally
care and sustain the human capital and development
sustain the family life economically
support family life continuously and comprehensively
meet the carrying capacity of the natural resources for the benefits of the people within the sunnatullah bring to self-calmness spiritually and physically as well as appreciation of Allah’s gift design the environment towards intellectual fulfilling as well as environment as a source of knowledge enjoy the natural and the built environment generation after generation
stability of the country through diplomatic relation
bring wealth to the country for the wellbeing of the people
plan for safe living city and create sense of safety and security in society
manage and maintain environmental resources for tourist attractions
attract investment to the country
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facilitate human life towards realizing their functions effectively and efficiently spur innovation and creativity for human intellectual benefits and goodness
accommodate every levels of human needs able and disabled person
Table 1 connects the three basic principles of Iman (faith), Islam (submission) and Ihsan (benevolence) to the five essentials of Maqasid al-Shari’ah which directly serves as the backbone to the construction of the Maqasidic approach of human wellbeing index. Their application must be able to address the three social structure levels of i.e. individual, family and community to provide a comprehensive model of human wellbeing index. This Maqasidic approach is then attested against the five common themes of human wellbeing’s spectrums notably politics and governance, economics, social and culture, environment and infrastructure. Each essentials of the Maqasid al-Shari’ah in relation to the five common themes of human wellbeing is explained to provide an overall idea of the Maqasidic approach of human wellbeing index.
6.0 Conclusion Authoritative studies by six government agencies in Malaysia on liveability had somewhat taken cognizance of Islamic values to improvise the conventional liveability indexes that had been benchmarked by world organisations like EIU, Mercer and Monocle. However, some of the indicators were directly related while others were not directly related specifically to the five objectives of the Maqasid al-Shari’ah namely faith, self, intellect, posterity and property. Islam emphasised on the three levels of the human ecosystem i.e. individual, family and community. In comparison Western culture generally stressed more on individuals. Islam is a religion that preaches its practices as a way of life and for happiness here and hereafter. Therefore liveability and human wellbeing in Islam encompassed all aspects of human disciplines like politics, economics, social, environment and infrastructure similar to those common themes of the established human wellbeing indicators of the three world organizations. These indicators could be complete when economic wellbeing, social wellbeing and spiritual wellbeing are attained in a
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balanced state to generate a truly liveable living and quality of life. Religion is proven to be an important hallmark for humanity therefore needs to be preserved and protected. This study contends that it could be done in the Maqasid al-Shari’ah way. Acknowledgements The research for this paper was financially supported by the MyRAIncentiveResearch Grant Scheme (MIRGS) 2013 (Project ID: MIRGS 13-02-001-0005)Ministry of Education, Malaysia. We would like to thank the Government ofMalaysia particularly the Ministry of Education and International Islamic UniversityMalaysia in accomplishing this research. References Adam, O.K., (2012). City Life: Rankings (Livability) vs Perceptions (Satisfaction). Retrieved January 20, 2015. http://link.springer.com/article Ahmad Basri and AaeshehMohammadiBostanooei (2015).Literature review on livable city within the framework of maqasid al-shari’ah: a preliminary study. Journal of Education and Social Sciences. Vol. 2.pp. 93-97. Azila Ahmad Sarkawi and Alias Abdullah, (2015). Contextualising the Islamic Fundamentals in the Contemporary Concepts of Sustainability, Liveability and Quality of Life in the Built Environment’, Middle-East Journal of Scientific Research 23(6):1249-1256, 2015. Bartuska, T. (1981). “Values, Architecture and Context: The Emergence of an Ecological Approach to Architecture and the Built Environment”. ACSA Annual Conference Proceedings, March 1981. Cummins, R. A. (1996). The domain of life satisfaction: An attempt to order chaos. Social Indicators Research, 38, 303–332 Department of Islamic Development Malaysia (JAKIM), 2015,http://www.islam.gov.my/en Guhathakurta, S. and Cao, Y. (2011). Variations in Objective Quality of Urban Life Across a City Region: The Case of Phoenix. Springer. LPPKN, The Malaysian Family Wellbeing Index (MFWI, 2011) http://www.lppkn.gov.my/ Marans, R. W. and Stimson, R. J. (2011) Investigating Quality of Urban Life. Theory, Methods, and Empirical Research. Springer. Maslow, A. (1971) The Farther Reaches of Human Nature. Viking, 1971 Mebratu, D., (1998). Sustainability and Sustainable Development: Historical and Conceptual Review. Environ Impact Assess Rev., pp. 493-520.
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MQLI, 1999, the Economic Planning Unit (EPU),http://www.epu.gov.my/ MUDI The Institute of Islamic Understanding Malaysia (IKIM)http://www.ikim.gov.my/index.php/en/ Mulligan, G. F. and Carruthers, J. I. (2011). Amenities, Quality of Life, and Regional Development. Springer. MWI, 2013 (EPU) http://www.epu.gov.my/Malaysia, Unit PerancangEkonomi (UPE). (2013). LaporanKesejahteraanRakyat Malaysia 2013. Philips, (2010), Livable Cities- health and wellbeing in the urban environment. Philips Publications. Pp. 1-28. Savin-Baden, M., McFarland, L. and Savin-Baden, J. (2008).Influencing thinking and practices about teaching and learning in higher education. An interpretive meta-ethnography. York: Higher Education Academy. Available from: www.heacademy.ac.uk/projects/detail/ lr_2007_savinbaden [10 November 2008]. Zahoor Khan, JamaluddinSulaiman, ZakariaBahari (2015) Socioeconomic Human Wellbeing and Posterity: A Newly Proposed Faith-Based Measurement Index, Journal of Religion and Spirituality in Social Work: Social Thought, 34:1, 72-90. https://knoema.com/lkzuurc/eiu-worldwide-cost-of-living-report-2 https://www.imercer.com/content/mobility/quality-of-living-city-rankings.html https://monocle.com/film/affairs/top-25-cities-2016/ http://www.news.com.au/lifestyle/real-life/news-life/monocles-2015-quality-of-life-survey https://en.wikipedia.org/wiki/Pew_Research_Center http://murninet.townplan.gov.my/
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QURANIC & PROPHETIC HADITH : AN ETHICAL FOUNDATION FOR SCIENTIFIC DEVELOPMENT 1 Shaik Abdullah Bin Hassan Mydin Universiti Sains Malaysia, Pulau Pinang
[email protected] 2 Dr Muhammad Ali Sk. Abdul Kader MD(USM) MRCP(UK) Cardiologist, Cardiology Department Penang Hospital Abstract Einstein famously said science without religion is blind and religion without science in lame, however in this presence decade science was primarily viewed from the neutral stand without any strings attached to the religious ethics. Ethics per se now in scientific perspectives is relative. What today considered lawful or legal might change tomorrow, based on fanciful, idle play of rationalism, idiosyncratic claims such as personal rights and humanism. Just have a glance what had happened to the research in nuclear physics to the catastrophic destruction in Hiroshima and Nagasaki. Bioterrorism is another classical case of how scientific development without ethical foundations will lead to destruction. Nowadays mankind seem to be at the end killing themselves more efficiently now with armamentarium as a gift from science. These tragedy solely not due to the science per se, but to the loss of the firm deeply rooted ethical foundations based on revelation. Reviewing back to the age of Islamic Science and Civilization from Baghdad to Cordova, we will astonish to discover scientific development was par excellence and far head of centuries and at the same time generating peace, serenity, harmony, and tranquility to the mankind. No mass man killing machine formed to massacre human being, regardless of race, creed or language. Scientific products then leads the producer as well as the consumer revive the consciousness of the All-Powerful and Al-Mighty God. Science as a tool and as a mean to attain self righteousness (takwa) and to gain mercy from the Lord. The mindset and the thinking paradigm of the scientist then was firmly rooted in the ethical foundations expounded in Al-Quran and al-Hadith. To revive the same spirit we have to develop science based on the same ethical foundations. In order to achieve this noble objective this article will be focusing on Quranic and Prophetic Hadith perspective on ethical foundation for scientific development.
Introduction When we speak about research methodology from Islamic civilization, its basically fundamentally related to the philosophy and ethical foundations that have been expounded in the Quran and Prophetic Hadith. But it is necessary to emphasize that Quran and Hadith is not a book of ‘science’ per se but a book of ‘signs’ or ‘ayah’ which leads mankind to the correct central point of returning to his primordial nature, that is returning to his nature as ‘khalifah’ (the viceregent of God) in complete obedient and submission to Allah SWT. This ontological dependent of man to Allah in his every endeavor to understand himself and the nature in every methodology that he applied either experimental, intellection or ratiocination, is formed the very foundation of Islamic science which derived the constant guidance and framework from Quran and Hadith.
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Islamic research methodology eventually will culminates in what we would like name as Islamic science. Islamic science by definition as explained by Osman Bakar (1991) in his book ‘Tawhid and Science mean the totality of the mathematical and natural sciences, including psychology and cognitive science, cultivated in Islamic culture and civilization for more than a millennium beginning from the third century of the Islamic era (the ninth century of the Christian era). They are, conceptually speaking, organically related to the fundamental teachings of Islam, the most important of which is the principle of tawhid. (Osman Bakar ix : 1991)
This complete historical, philosophical, epistemological and ontological dependence on God as being the foundation of Islamic science, is now being scandalized by modern man even by these who so called Muslim scientists who segregated the Islamic holistic outlook of science, compartmentalized science into segregated, pathetic worldview and truncated science from any association with God, the All Powerful. ‘Man has abused his trusteeship in God’s world. He has employed his scientific knowledge to exploit nature rather than to use it wisely in accordance with God’s Will’ (G.D. Yarnold1959 : 168.)
Scientific research one way or other will have to utilize nature as its subject of study as well as it’s ultimate object of discovery. Unfortunately, In modern science, nature has lost its sacred character. The natural world has been emptied of its spiritual content. Consequently, nature is no longer seen as having a meaningful role in religious and spiritual life. (Osman Bakar 66 : 1991). In Islam said Professor Seyyed Hossein Nasr (1976), the eminent scholar, “the inseparable link between man and nature, and also between the sciences of nature and religion, is to be found in the Qur’an itself, the Divine Book which is the Logos or the Word of God. As such it is both the source of the revelation which is the basis of religion and the macrocosmic revelation which is the Universe. He further elaborates, “it is both the recorded Qur’an (al Qur’an al-tadwini) and the Qur’an of creation (al Qur’an al-takwini) which contains the “ideas” or archetypes of all things. That is why the term used to signify the verses of the Qur’an or the ‘ayah also means events occurring within the soul of the man and the phenomena in the world of nature”. In fact the Qur’an
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asserts “We shall show them our portents upon the horizon and within themselves until it be manifest unto them that it is the Truth”. (Qur’an 41 : 53). These are the fundamentals of Islamic philosophical, spiritual and ethical outlook of research methodology. Any segregation or compartmentalization of any of its entities will only overshadow the real Islamic meaning of the research conducted which has in the final analysis sublime aim of complete submission to Almighty God.
Islamic Philosophy of Research Methodology Versus Modern Philosophy of Research Methodology It is crucial to understand the fundamental differences between the two philosophies of research methodology of science, i.e. Islamic science and modern science in order to comprehend the weltanschauung of the two sciences. The very difference of the research methodologies became the basis for the tranquility and serenity of the man of science and the society living in the age of Islamic civilizational supremacy compared to the constant internal turmoil, depression, clashes and confrontation of the modern scientist and the people living in the modern society. Islam views nature as sacred, as legitimate ‘wife’ which need to be handled with utmost care and responsibility as a guardian, whereas modern science looked at nature as profane, as a ‘prostitute’ which can be scandalized without slightest care and concern for the sole purpose of human use, even if it causes destruction to the ecology and the balance of nature. This greed and avarice to manipulate nature for self-satisfaction, itself led to doom and destruction of man of modern age. Modern man has lost his centre, his reason for existence and he has extinguished the primacy of God and replaced in ‘His’ place, his own selfish needs and greed. Fritjof Schuon in his book To Have A Center (World Wisdom Books, Indiana, 1990) , page 37 said :…humanistic culture, insofar as it function as an ideology and therefore as a religion, consists essentially in being unaware of three things : firstly, of what God is, because it does not grant primacy to Him; secondly, of what man is, because it puts him in the place of God; thirdly, of what the meaning of life is, because this culture limits itself to playing with evanescent things and to plunging into them with criminal unconsciousness. In a word, there is nothing more inhuman than humanism..”
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Prof Seyyed Hossein Nasr in his book The Encounter of Man and Nature (1968) said : “In fact it might be said the main reason why modern science never arose in Islamic civilization or any of the other cultures of the east is precisely because their religion structures refused to regard nature as profane. The most basic reason is that neither Islam, nor China was the substance of nature so depleted of its sacramental and spiritual character nor was the intellectual dimensions of these cultural traditions so enfeebled as to enable a purely secular science of nature and a secular antireligious philosophy to develop outside the matrix of traditional orthodoxy. Historic Islam is a perfect example of this truth and the fact that science and technology in its presence form did not develop in its bosom is not a sign of decadence, as is claimed, but the refusal of Islam to consider any form of knowledge as purely secular and divorced from what it considered as the ultimate goal of human existences. By refusing to separate man and nature, Islam preserved an integrated view of the Universe and sees in the cosmic and natural order the flow of divine grace and blessings. Man in Islam seeks the transcendent and the supernatural, not against the background of a profane nature that is intrinsically opposed to the supernatural, but rather seeks to transcend nature and nature herself can be an aid in this process, providing man can learn to contemplate it, not as an independent domain of reality but as a mirror reflecting a higher reality, a vast panorama of symbols which speak to man and have meaning for him. Within Islamic civilization there were not one but many different sciences all integrated in unified concepts of knowledge. There were the juridical, social and theological sciences; there were the mystical and metaphysical ones all derived in their principle from the source of revelation which is the Quran. Then they have developed within Islamic civilization highly developed philosophical, natural, medical and mathematical sciences which although benefiting greatly from the Greek, Persian, Indian, and Chinese learning and inventions, were all integrated into the Islamic world-view and totally muslimized”. (Seyyed Hossien Nasr 1968 : 94-99)
Industrial Revolution and Europeans Renaissance produced western intellectuals sadly despite being advanced in experimental and observational science but itself revolted against every dogmas and teachings of Church. Copernicus (1473-1543) and Darwin (1809-1882) just to quote two
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examples, were all used by the materialists against a theological view of the creation of the universe and life upon earth. Man and nature was divorced of sacredness and being treated as an accidental presence in this world as a mere coincidence. As early as the 13th century scientists like Roger Bacon (1213-1293) revolted against the religious world view and glorified the mechanized life. ‘’His writings are one long tirade against ignorance. He told his age it was ignorant, an incredibly bold thing to do. The peoples of Middle Ages were passionately convinced of the wisdom, the completeness and finality of their believes and bitterly resented any criticism against them. Roger Bacon’s writings were like a flash of light in profound darkness. “Cease to be ruled by dogmas and authorities!’’ he proclaimed. Look at the world! Experiment! Experiment! Experiment! was his motto. Four chief sources of ignorance he denounces; respect for authorities, tradition, custom and “the proud unteachableness of our dispositions.” Overcome these and a world of mechanical power and scientific miracles would open to mankind : “…machines for navigating are possible without rowers or sails so that great ships suited to river and ocean guided by one man may be borne with greater speed than if they were full of men. Likewise cars may be made so that without a draught animal, they move me speedily than the chariots of antiquity. And flying machines are possible so that a man may sit in the middle of some devise by which artificial wings beat the air in the manner of flying bird…..” (H.G. Wells 1929 : 200-201). The very basis for the destruction of western civilization was due to the annihilation of the religious ethical foundation in life. “Westerners view their civilization” said Maryam Jamelah(1976), as superior to all others because they say that it has achieved more scientific and technological progress in a century than the rest of mankind in all previous ages combined . It is only because of the rule of materialism that modern science and technology are what they are today. It is the natural of all the best minds and talents being concentrated on the single goal of achieving the maximum power, speed, efficiency, pleasure, comforts and conveniences in the shortest possible time. NonEurope cultures, including Islamic civilization, never achieved this degree of technological proficiency not because technology was ever reject on principle, but because the best minds were diverted to other goals considered of greater value. It is a fact of life that you want to achieve something badly enough and are willing to sacrifice and subordinate all other considerations, you will naturally outstrip and excel all other peoples in this particular respect. Such is the case of modern Western civilization with respect to science and technology (Maryam Jamelah, 1976 : 78).
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Ethical Foundation of Science The Quran and Hadith is not a compendium of science but it provides knowledge of the principles of science which it always related to metaphysical and spiritual knowledge. Islam gives legitimacy to a science only if it is organically related to the knowledge of God. Every field of science is directly derives its ethical foundation from Qur’an and Hadith. Consequently, Islamic science possesses a religious and spiritual character. According to the famous Muslim scientist, Ibnu Sina (Avicenna), `that science is true science which relates knowledge of the world to the knowledge of the Divine Principle’. (F. Brunner, 1955 : 13). The Quran is the fountainhead of Islamic intellectuality and spirituality. It is the basis not only of religion and spiritual knowledge but of all kinds of knowledge. It is the main source of inspiration of the Muslim vision of the unity of science and spiritual knowledge. The idea of this unity is a consequence of the idea of the unity of all knowledge. The latter in turn derived from the principle of Divine Unity applied to the domain of human knowledge (Osman Bakar 62 : 1991).
Ethico-Philosophical Foundation Enumerated In the Qur’an and Hadith 1)
Islamic World View of Nature.
Nature in Islamic viewpoint represents the ‘reflection’ of God. God created the nature so that man can understand Him. Nature is as a book of symbols. In Islamic sense, symbol is the ‘reflection’ in a lower order of existence of a reality belonging to a higher ontological status. Al Ghazzali in his book Mishkat al-Anwar said ‘’everything that exists in the natural world is a symbol of something in the higher world’’. Nature is a source of spiritual and metaphysical knowledge because it is not merely ‘natural’. It also possesses a ‘supernatural’ aspect which in Islam, the natural and the spiritual one is closely intertwined. The fact that there is something of a spiritual order that resides in nature finds numerous expressions in Islamic philosophical and theological literature. In the language of the Quran, nature is said to bear within itself the imprints of God. The phenomena of nature, in the
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macrocosmic world as well as within the souls of men, are said to be the ayat (signs) of God. The verses of the Quran are likewise called the ayat of God. Nature is therefore regarded as a divine revelation, a counterpart of the Quran. It conveys to man its metaphysical and spiritual message of transcendence. In this religious and spiritual conception of nature lies the basis of unity of science and spiritual knowledge. (Osman Bakar 1991 : 66). Islamic civilization view of nature is never ethnocentric but stuck to a certain perception of the reality and values derived therefrom. Their perception of reality is derived from the Quran and the Sunnah. The most important concept is the unity of this Reality. The entire universe has been created by Allah (S.W.T). His Glory and Power, Munificence and Mercy permeate all manifestations of Reality. Nothing moves and develops, of its own accord. The laws of Allah govern this universe. It is an ordered universe, a cosmos. All its piece are finely tuned to the ultimate Reality. And it is a purposeful universe with an underlying intent. Allah (S.W.T) created this universe in manifestation of His Glory, and each minute particle of it, is in constant praise of Him, and positive sign of its Creator and Master. That is why He exhorts man to study, probe and investigate each segment of Reality to discern His signs. In His Mercy, He has made the vast treasure of energy and resources lying there accessible to human being and beneficial to his needs. The following verses are relevant: “He created the heaven and the earth: He makes the night overlap the day and the night. He has subject the sun and the moon (To His Law).Each one follows a course for a time appointed. Is not He the Exalted in Power He Who forgives again and again?”(al-Zumar 39 : 5) “Allah is the Creator of all thing and He is the Guardian and Disposer of all affairs.”(alZumar,39 : 61) “(And, that it is a purposeful universe): Our Lord not for Naught Wast Thou Created (all) this. Glory to Thee! Give us salvation from the penalty of the fire.”(ali-‘Imran,3:1991) In a frequently cited verse of the Qur’an the purpose of the creation of mankind has been epigrammatically put thus: “I have only created jinns and men, that they may serve Me”(al-Dhariyat 51 : 56)
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This magnificent universe is the blessing of Allah (S.W.T). It kind and humane, its forces have been so designed as to provide irrefutable evidences of His Mercy in the service of mankind. “If ye would count up the favours of Allah Never would ye be able to number them, for Allah is Oft-forgiving, Most Merciful.”(al-Nahl, 16:18) “Say: Travel though the earth and see how Allah did originate creation: So will Allah produce a later creation: For Allah has power overall things.:(al-‘Ankabut, 29:20). “Then contemplate (O Man) the Signs of Allah’s Mercy: How He gives life to the earth after its death.”(al-Rum,30:50).(Fazlur Rehman Faridi, 1996 : 107-109)
Islam civilization comprehend nature in the most profoundest sense that in fact the salvation or damnation of man depends on how he deals with it, in his earthly sojourn. In the following Quranic verse and Hadiths it shows how the whole community was destroyed due to mishandling of a camel. And a person entering heaven because of kindheartedness to a dog and condemned to hellfire due to ill-treatment of a cat. "And O my people! This she-camel of Allah is a sign to you, leave her to feed on Allah’s earth, and touch her not with evil, lest a near torment will seize you."(Surah Hud (11) : 64 But they killed her. So he said: "Enjoy yourselves in your homes for three days. This is a promise (i.e. a threat) that will not be belied."(Surah Hud (11) : 65) And As-Saeehah (torment - awful cry, etc.) overtook the wrong-doers, so they lay (dead), prostrate in their homes,(Surah (11) : 67) Narrated Ibn 'Umar: The Prophet said, "A woman entered the (Hell) Fire because of a cat which she had tied, neither giving it food nor setting it free to eat from the vermin of the earth." (Book (54), Hadith (535). Narrated Abu Huraira: Allah's Apostle said, "A prostitute was forgiven by Allah, because, passing by a panting dog near a well and seeing that the dog was about to die of thirst, she took off her shoe, and tying it with her head-cover she drew out some water for it. So, Allah forgave her because of that." (Sahih Bukhari)
2)
The Philosophy And Ethics of A Muslim Scientist
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The central theme of the Muslim scientist’s philosophy and ethics emanates from the concept of ihsan, which means the ‘perfection’, that is to work, worship and to behave in a manner that you always ‘see Him’ but if you can’t ‘see Him’ than have a conscience that He always ‘sees’ you. A Muslim scientist have a heavy duty and responsibility as a vicegerent of God, to be peace with himself, peace with the people and finally peace with God. To achieve that he have to be guided by the philosophico-ethical codes and conducts originated from the Quran and Hadith.
A Muslim scientist always look at the inner dimensions of every work or experiment he does which finally leads him to the Divine unity. Whatever achievements he succour, he always bound himself before the Almighty God in humiliation in praising Him and uttering “everything belongs to Him and shall return to Him”. Generally there are ten principals which generate the basic values of an Islamic culture of research methodology which was formulated during Stockholm seminar of (1981) on “knowledge and values” : tawhid (unity), Khalifah (vicegerency), ibadah (worship), ilm (knowledge), halal (permissible) and haram (prohibited), adl (justice), zulm (tyranny), istislah (public interest), and dhiya (waste). (Zaiuddin Sardar (ed) 1984)
i)
Tawhid (unity of Allah)
The essential characteristic of Islam is the recognition of the unity of Allah, which affirms the radical monotheism of Islam. Allah is one, He has no partner and there is none worthy of worship except Him. Allah the Most Exalted Said: Say (O Muhammad (Peace be upon him)): "He is Allah, (the) One."Allah-us-Samad (The SelfSufficient Master, Whom all creatures need, He neither eats nor drinks)."He begets not, nor was He begotten;And there is none co-equal or comparable unto Him."(al-Ikhlas 112 :1-4) Abu Said Al-Khudri r.a narrated that Allah Messenger SAW said: “Musa(Moses) a.s said : O Rabb, teach me something through which I can remember You and supplicate You’ Allah answered: Say, O Musa, La ilaha illa Allah’. Musa said: O my Rabb, all your slave say this words. Allah said: O Musa, if the seven heavens and all they contain other than Me and the seven earth as well, were all put in the other the latter would overweigh them.’ (reported by Ibn Hibban and Al-Hakim, Sahih)
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A believer in this Kalimah can never be narrow in outlook. He believes in a God Who is the Creator of the heavens and the earth, the Master of the East and the West and Sustainer of the entire universe. After this belief he does not regard anything in the world as a stranger to himself. He looks on everything in the universe as belonging to the same Lord he himself belongs to. His sympathy, love and service are not confined to any particular sphere or group. His vision is enlarged, his intellectual horizon widens, and his outlook becomes as liberal and as boundless as is the Kingdom of God. How can this width of vision and breadth of mind be achieved by an atheist, a polytheist or one who believes in a deity supposed to possess limited and defective powers like a man? This belief produces in man the highest degree of self-respect and self esteem. The believer knows that Allah alone is the Possessor of all power, and that none besides Him can benefit or harm a person, or provide for his needs, or give and take away life or wield authority or influence. This conviction makes him indifferent to, and independent and fearless of, all powers other than those of God. He never bows his head in homage to any of God's creatures, nor does he stretch out his hand before anyone else. He is not overawed by anybody's greatness. This attitude of mind cannot be produced by any other belief (Maududi 1980 : 69). ii)
Khilafah (vicegerency)
The scientist as a khilafah consists of the fulfillment of the responsibility of sustaining the self and other creatures in accordance with the will of Allah. He has to direct his research and product to the betterment of humanity without compromising quality or causing disaster to humanity as such or being an instrument for ecological crisis, as what is happening in the world now; a scientist without having responsibility to humanity in large and nature in specific.
The human being, in the Islamic world-view is considered a vicegerent (khalifah). This vicegerency is declared before the creation of the first human being:
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“Behold, your Lord said to the angels: ‘I will create a vicegerent on earth.’ They said: ‘Will place therein one who will make mischief therein and shed blood? While we do celebrate Your praises and glorify Your holy (name)?’ He said: ‘I know what you know not.’” (Qur’an, 2:30 ) In her/his capacity as a vicegerent, the human being is perceived as the trustee of the earth. She/he is not supposed to cause corruption in any form on earth (i.e. the environment). Life on earth entails great responsibilities. It is a test with accountability. It is followed by either reward or punishment. These meanings are mentioned in the Qur’an and the Sunnah. Vicegerency as a test is found in the following verse: “It is He Who has made you (His) vicegerents, inheritors of the earth: He has raised you in ranks, some above others: that He may try you in the gifts He has given you: for your Lord is quick in punishment: yet He is indeed Oft-forgiving, Most Merciful.” (Qur’an, 6:165) On the other hand, this vicegerency is subjected to observation: “Then We made you heirs in the land after them, to see how you would behave!” (Qur’an, 10:14 ) Abu Sa'id Khudri reported that Allah's Messenger Saw said: The world is sweet and green (alluring) and verily Allah is going to install you as vicegerent in it in order to see how you act. So avoid the allurement of women: verily, the first trial for the people of Isra'il was caused by women. And in the hadith transmitted on the authority of Ibn Bashshar the words are:" So that He should see how you act." (Sahih Muslim 2742 Book 49, Hadith 12 Book 36, Hadith 6606)
It is rather clear, now, that the Islamic world-view indicates that vicegerency on earth forms a test which includes how human beings relate to the environment. Is it going to be based upon divine instructions, or based upon personal desires and conjectures that might lead to the destruction of our environment. If the latter condition prevails, then vicegerency will be entrusted to a different people or generation. This possibility of this kind of switch is understood from the following two verses: “…Call in remembrance that He made you inheritors after the people of Noah…” (Qur’an, 7:69) “And remember how He made you inheritors after the `Ad people and gave you habitation in the land…” (Qur’an, 7 : 74)
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The declaration of the institution of khilafah, which Allah S.W.T has informed the angels about, was reinforced by the verse that shows that Allah S.W.T has taught Adam the ‘names’ (Asma’) of all things: “And He taught Adam the nature [names] of all things…” (Qur’an, 2 : 31 )
This discussion leads us to realize that there is an organic connection between proper knowledge and right behavior. Indeed, knowledge becomes a tool that renders humanity morally responsible. Ibn Kathir said in his exegesis, regarding the above verse, the following important statement: “The right (interpretation) is that He taught him the names of all things: their particulars, attributes and functions.”(Ibn Kathir, Tafsir; vol. 1, 7)
Therefore, vicegerency is based upon knowledge that enables the human being to be a care taker of the environment in which he/she dwells. Humanity should behave in such a way that would maintain the balance that exists within the environment. Rather, we should say to retrieve the balance that has existed before we have caused, collectively, many ecological disasters: “And the earth We have spread out; set thereon mountains firm and immovable; and produced therein all kinds of things in due balance.” (Qur’an, 15:19 )
iii)
Ibadah (worship)
Allah said : I have created jinns and men only that they may serve Me. No sustenance do I require from them, nor do I require that they should feed Me. For God is He who gives (all) sustenance, Lord of Power, steadfast (forever). [Qur’an 51:56-58] In Islam every act if its intention is based solely in seeking the pleasure of God is Ibadah. Therefore every Muslim scientist should have a correct niyyat (intention), so that every acts and works of a scientist becomes a form of ibadah, constantly receiving grace from God. Worship must be alive, inspired with the love of Allah, and productive of right action (ihsan). The Messenger of Allah (may the blessings and peace of Allah upon him), when asked about (ihsan).
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said: It is to worship Allah as though you see Him, and though you see Him not, yet truly He sees you. (Bukhari and Muslim) Worship should be impassioned, unsatiable and one should never be complacent about it. One should seek ever greater nearness to Allah by personal prayer and by responding to Him as a faithful servant. A qudsi hadith says that Allah told the Prophet (s):I will declare war against him who shows hostility to a pious worshipper of Mine. And the most beloved things with which My slave comes nearer to Me is what I have enjoined upon him. My slave continued to come closer to Me through performing Nawafil (praying or doing extra deeds besides what is obligatory) till I love him. So I become the sense of hearing with which he hears, and the sense of sight with which he sees, and the hand with which he grips, and the leg with which he walks. And if he asks Me, I will give him, and if he asks My protection, I will protect him, I do not do anything as I hesitate to take the soul of the believer, for he hates death, and I hate to disappoint him.(A hadith qudsi narrated by Bukhari from Abu Hurairah.) To nourish one’s worship, one should allocate a certain time to read and think deeply about the Glorious
Qur’an,
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The prayer and reading in the morning carry their testimony. (Qur’an 17:78). Always
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His
book:
Had we sent down this Qur’an to a mountain, verily, you would have seen it humble itself and cleave asunder for fear of Allah. (Qur’an 59:21).Reading the Qur’an in this manner helps one to understand its message soberly, to ponder the awesome future of man, and to lament the melancholy fate of those who ignore the promises of Allah. The messenger of Allah said: "The Qur’an was revealed in all gravity, so when you read it try to be pensive." (Abu Ya’la and Abu Naim).The Prophet (s) said: "The best worship for my ummah is reading the Qur’an. (narrated by Abu Naim).
iv)
Ilm (knowledge)
Ilm is mentioned in the Quran with unusual frequency and has been paired, in verse 30:56, with imam, faith, which according to verse 3:71, follows upon knowledge. The pursuit of ‘ilm,
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according to a hadith, is incumbent upon every Muslim even if it entails traveling to China. However, ‘ilm become a value only if it is pursued within value-framework of Islam. Unlike the western hackneyed phrase of “knowledge’s sake;” or that entire convoluted argument that “all knowledge is good,” Islam considers ‘ilm a value and an act of ‘ibadah only when it is pursued for the benefit of the individual or the community and ultimately for gaining the pleasure of Allah. (A. Rashid Moten 1994 : 140-141). Islamization of Knowledge : Methodology of Research in Political Science)
A Muslim Scientist should have a consciousness of sacredness when dealing with ilm. Every ilms comes from God. Therefore Muslim scientist should have humility, humbleness and at the same time persistent and perseverance when seeking knowledge. The pursuit of knowledge never ends in Islam, till he was called by his God i.e. his demise. But knowledge itself being pursued not for its sake but to attain the consciousness and complete submission to the Divine Unity. Various Quranic verses and Hadiths deals with ilm;“Allah (Himself) is witness that there is no god but Him. And the Angels and men of knowledge (too are witness) (Surah Imran (3) : 18) And in the earth there are sign for those whose faith(in Allah) is firm, And (also) in yourself. Can you not then see?( Adh-Dhariyat (51) : 20-21)
The Hadith augments the Qur’anic emphasis on the merits of knowledge. There are numerous Hadiths speaking of the nobility of knowledge in itself, the nobility of learning and the nobility of teaching. Let us quote here below a sample of Hadiths pertaining to each of these areas :
Whoever Allah wishes to bless with something good, He will lead him to deep understanding of the true faith and inspire him with righteous guidance.(Imam Bukhari) On the Day of Judgement, the ink of the scholars will be weighed against the blood of the martyrs.(Imam Al-Ghazali)
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Finally Imam Ghazali, the great scholar of Islam summarizes the importance and the value of knowledge for a Muslim as such : Seek knowledge. It inspires fear (of Allah). Seeking it is worship. Discussing it is like praising the name of Allah. Struggling for it is a form of Jihad. Teaching it is charity. Giving it away to those deserving it is a way to get nearer to Allah. It is a companion in solitude, a friend in loneliness, a guide for religion, a fortifying factor when one is overwhelmed by pleasure of sorrow, a consoling friend when one is abandoned, akin when one is surrounded by strangers. It is a light on the way to Paradise. With it Allah raises people thereby making them leaders, masters and guide, followed and emulated. Their steps are traced and their deeds are watched. The angels aspire to befriend them and with their wings they touch them; and everything – wet and dry – ask for forgiveness on their behalf, including the fishes and insects in the sea and the beasts and the cattle on the land and the heaven and its stars.(Imam Al-Ghazzali)(Muhammad Abd. Rauf 1991 : 20-23) The Muslim Mind Foudation And Early Manifestation Kuala Lumpur : Dewan Bahasa Pustaka)
v)
Halal (permissible) and Haram (prohibited)
A Muslim scientist should have a clear view about Halal and Haram in Islam. Halal includes all the knowledge and activity that is beneficial for an individual, society and the environment. Whereas Haram or blameworthy research includes all that is leading to the destruction of man and his society, environmental crises and degrading humans mentally and spiritually. Research that desacralize nature, dehumanize and promoting alienation and others which are per se evil are therefore outwardly rejected.
The Qur’an shows that there is a correlation between the behavior of people and the conditions of the environment. The right and moral behavior yield positive results: “If the people of the towns had but believed and feared God, We should indeed have opened out to them (all kinds of) blessings from heaven and earth…” (Qur’an, 7:96) “And o my people! Ask forgiveness of your Lord, and turn to Him (in repentance): He will send you the skies pouring abundant rain, and add strength to your strength: so turn ye not back in sin!” (Qur’an, 11:52 ) The opposite is also true. Disbelief and swerving from the right path that God has designated for humanity will result in negative impact on the environment:
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“But whosoever turns away from My Message, verily for him is a life narrowed down …” (Qur’an, 20:124) In addition, there are verses that establish a correlation between natural disasters and disbelief, immoral behavior, or a combination of both: “…He flingeth the loud-voiced thunder-bolts, and therewith He striketh whomsoever He will …” (Qur’an, 13:13) “Do ye feel secure that He will not cause you to be swallowed up beneath the earth when you are on land, or that He will not send against you a violent tornado (with showers of stones) so that ye shall find no one to carry out your affairs for you? Or …a heavy gale to drawn you because of your ingratitude…” (Qur’an, 17:68-69) The end result of disbelief or immoral acts, when they become prevalent, is the total destruction of the environment. Such is the story of Prophet Nuh (Noah) and the Flood which destroyed every thing except the Ark and its load of people and animals. The order that came to end the flood show that the water gushed and abated at God’s command: “When the Word went forth: ‘O earth! Swallow thy water, and O sky! Withhold (thy rain)!’ and the water abated, and the matter was ended. The ark rested on mount Judi , and the Word went forth: ‘Away with those who do wrong!’” (Qur’an, 11:44 ) The Qur’an is full with stories that reflect the correlation between wrong doing and Divine punishment which lead to a certain measure of destruction. The Chapter [ Surat ] of the Cave [Kahf] includes a story about two separate owners of two fruit orchards with water flowing in between. One of them faithfully and humbly put his trust in God, but the other did not have the proper relationship with God; he arrogantly alleged that his garden will always be the same without invoking the Will of God [i.e. without saying: “Insha’ Allah”]. How did this parable end? “So his fruits (and enjoyment) were encompassed (with ruin), and he remained twisting and turning his hands over what he had spent on his property, which had (now) tumbled to pieces to its very foundations, and he could only say, ‘Woe is me! Would I had never ascribed partners to my Lord and Cherisher!’” (Qur’an, 18:42 ) The same criterion could be applied to the story of the Owners of the Garden in the Chapter of Pen (Qalam). The owners wanted to gather the fruits very early in the morning so that no needy people would have a share. The result was that before they went to the garden, and in the course of the night, there came a visitation from God which swept away all around. When they saw that their
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garden looked like a dark and desolate spot, they were reminded by one of them that they have transgressed: “They said: ‘Glory to our Lord! Verily we have been doing wrong!’” (Qur’an, 68:29) As a general rule, there is a direct relationship between wrong doing and calamities: “Whatever misfortune happens to you, is because of the things your hands have wrought, and for many He grants forgiveness.” (Qur’an, 42:31) In addition, committing sin generates corruption everywhere: “Mischief has appeared on the land and sea because of (the meed) that the hands of people have earned, that (God) may give them a taste of some of their deeds: in order that they may turn back (from Evil).” (Qur’an, 30:41) Corruption (fasad) in this context covers all kinds of material and spiritual damage. One should be thankful that God did not hasten punishment whenever humanity erred. Had punishment been simultaneous, life on earth would have been interrupted long time ago: “If God were to punish people according to what they deserve, He would not leave on the back of the (earth) a single living creature: but He gives them respite for a stated Term: when their Term expires, verily God has in His sight all His servants.” (Qur’an. 35:45) In Surat An-Nahl (Bee), the same notion is reinforced again: “God sets forth a Parable: a city enjoying security and quite, abundantly supplied with sustenance from every place: Yet was it ungrateful for the favors of God: so God made it taste of hunger and terror (in extremes) (closing in on it) like a garment (from every side), because of the (evil) which (its people) wrought.” (Qur’an, 16: 112) Its clear that not thanking God for His bounty led to its disappearance. For hunger means that there was a Divine order that led to the interruption of the normal function of the environment which led eventually to less sustenance in a way commensurate with the sin that people have committed. Had they been thankful, the situation could be reversed: “And remember! Your Lord caused to be declared (publicly): ‘If ye are grateful, I will add more (favors) unto you…’” (Qur’an, 14:7) This verse is a proof that positive moral behavior, which is in line with the Islamic world-view, leads to a better physical environment; God willing, of course.
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vi)
Adl (justice)
Justice in Islam is ‘to put things in its proper place’. A Muslim scientist with his research will always focus his attention to do justice to the research he’s doing so that he attains to the Divine Unity. Justice in Islam is not a concept referring to a state of affairs which can operate only within a twoperson-relation or dual-party-relation situation, such as: between one man and another; or between the society and the state; or between the ruler and the ruled; or between the king and his subject. The concept that justice means a harmonious condition or state of affairs whereby every thing is in its right and proper place such as the cosmos; or similarly, a state of equilibrium, whether it refers to things or living beings. With respect to man, we say that justice means basically a condition and situation whereby he is in his right and proper. (al-Attas 1992 : 25). Islam is a religion of justice. God has said: Truly God commands you to give back trusts to those to whom they are due, and when you judge between people, to judge with justice (Quran, 4:58)
And He has said: ...And act justly. Truly, God loves those who are just. (Quran, 49:9) We should even be just with those who we hate, as God has said: ...And let not the hatred of others make you avoid justice. Be just: that is nearer to piety.... (Quran, 5:8) Jabir ibn 'Abdullah reported that the Prophet, may Allah bless him and grant him peace, said, "Fear injustice. Injustice will appear as darkness on the Day of Rising. Fear avarice. Avarice destroyed people before you and led them to shed one another's blood and to make lawful what was unlawful for them (Al-Adab Al-Mufrad 483, Hadith 1 Book 28)
"Fear Allah and put things right between you," (8:1), Ibn 'Abbas said, "This is an injunction from Allah to the believers to fear Allah and to put things right between them."( Al-Adab Al-Mufrad 392 Book 21)
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vii)
Zulm (tyranny)
Quran 2: 148,193 “Inspired to strive together toward all that is good, to eradicate zulm, and to established justice and faith in Allah” .Muslim scientist based on Quranic ethics and foundation is endowed with wisdom, conscience to negate what is evil and focus his attention to what is good. Researches that lead to ecological crises for instant are tyrannical or zulm and therefore should be rejected. Mankind has a dual nature in respect of his two souls (rational soul and animal or carnal soul) and body. “The real man only in fact be his rational soul. If in his existence as a human beings, he allows his animal or carnal soul to get the better of him and consequently commits acts prohibited by God and displeasing to Him, or if he denies belief in God altogether, then he as thereby repudiated his own affirmation of God’s Lordship which he as a rational soul has covenanted with God” (Al-Attas 1992 : 26). By denying this philosophical and ethical foundation of Quran, viewing nature as sacred which originated from God and doing researches that causing chaos and catastrophy to it, only indicates that man is injustice to himself. Al-Attas said : Thus to the question: “Can one be unjust to one’s self?” we answer in the affirmative, and add further that justice indeed begins and ends with the self. The Holy Qur’an repeatedly stresses the point that man, when he does wrong, is being unjust (zalim) to himself, and that injustice (zulm) is a condition wrought by man upon his self.(Al-Attas 1992 : 26).
Because Zulm (oppression) is such a serious matter, it is better for those who fear that Day to give up oppression and avoid it. The Messenger (p.b.u.h.) has told us that oppression will be darkness on the Day of Resurrection. Bukhari and Muslim narrated from Abdullah Ibn Umar that the Prophet (saw) said: Oppression (Zulm) will be darkness (Zulumaat) on the Day of Resurrection." (Sahih al-Bukhari 2447 Book 46, Hadith 8 Vol. 3, Book 43, Hadith 627)
Muslim narrated from Jaabir ibn Abdullah that the Messenger of Allah (p.b.u.h.) said:
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"Messenger of Allah ( )ﷺsaid, "Beware of oppression, for oppression will be darkness on the Day of Resurrection; and beware of stinginess because it destroyed those who were before you. It incited them to shed their blood and deem unlawful as lawful." ( Book 1, Hadith 563)
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Istislah (public interest)
Quran and Hadith stresses upon the istislah as the main concern. The whole universe of Quran talks about man as a central theme and nature as his accompaniment. Muslim scientist should direct his scientific researches not just for the sake of science itself or for self-glorification but must have the intention to gain mercy and grace from God through his service to mankind and nature. Istislah, with its wider dimension ensure that knowledge is pursued to promote universal equity, individual freedom, social dignity and values that enhance the well-being of Muslim society and culture (A. Rashid Moten 1994 : 141).
In Islam whatever methods or means used to save a life is a much praiseworthy work, however an unjust killing of a man is much abhorred. “ Because of that We ordained for the Children of Israel that if anyone killed a person not in retaliation of murder, or (and) to spread mischief in the land it would be as if he killed all mankind, and if anyone saved a life, it would be as if he saved the life of all mankind. and indeed, there came to them Our Messengers with clear proofs, evidences, and signs, even then after that many of them continued to exceed the limits (e.g. by doing oppression unjustly and exceeding beyond the limits set by Allah by committing the major sins) in the land! ( Al-Maeda (5): 32).
Muslim scientist should never invent or pursue a research which is blameworthy and eventually leads to killing and destruction of mankind. The invention of nuclear bombs for example is not the kind of research should a Muslim scientist get involved in, even if some says it would be a deterrent from the enemy of Islam.
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viiii)
Dhiya (waste)
Quran addresses Muslims as a ummatan wasaten (community of the middle path) which does not involved in extremism and over indulgence which eventually leads to wastage or dhiya. Researches that leads to tyranism such as environmental destruction and dehumanization are categorized as dhiya. Muslim scientists should not waste their energy and resources in acquiring things that doesn’t leads to the betterment of humanity and nature. Here is a sample of those Quranic and Hadith commands :
Eat of their fruit when they ripen, but pay the due thereof (its Zakat, according to Allahs Orders 1/10th or 1/20th) on the day of its harvest, and waste not by extravagance. Verily, He likes not AlMusrifoon (those who waste by extravagance),(Al-Anaam, (6) : 114) O Children of Adam! Take your adornment (by wearing your clean clothes), while praying and going round (the Tawaf of ) the Kabah, and eat and drink but waste not by extravagance, certainly He (Allah) likes not Al-Musrifoon (those who waste by extravagance).(Al-Araf (7) : 31) And as to those who hold fast to the Book (i.e. act on its teachings) and perform As-Salat (Iqamatas-Salat), certainly, We shall never waste the reward of those who do righteous deeds.(Al-Araf (7): 170) It was not becoming of the people of Al-Madinah and the bedouins of the neighbourhood to remain behind Allahs Messenger (Muhammad SAW when fighting in Allahs Cause) and (it was not becoming of them) to prefer their own lives to his life. That is because they suffer neither thirst nor fatigue, nor hunger in the Cause of Allah, nor they take any step to raise the anger of disbelievers nor inflict any injury upon an enemy but is written to their credit as a deed of righteousness. Surely, Allah wastes not the reward of the Muhsinoon ( At-Taubah, (9) : 120) And give to the kindred his due and to the Miskeen (poor) and to the wayfarer. But spend not wastefully (your wealth) in the manner of a spendthrift (Al-Isra,(17) : 26) "Those whose efforts have been wasted in this life while they thought that they were acquiring good by their deeds! ( Al-Kahf, (18) : 104) Then Shaitan (Satan) whispered to him, saying : "O Adam! Shall I lead you to the Tree of Eternity and to a kingdom that will never waste away?" (Taha (20) : 120). He says (boastfully): "I have wasted wealth in abundance!" (Al-Balad (90) : (6).
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Narrated Al-Mughira bin Shu'ba: The Prophet said, "Allah has forbidden for you, (1) to be undutiful to your mothers, (2) to bury your daughters alive, (3) to not to pay the rights of the others (e.g. charity, etc.) and (4) to beg of men (begging). And Allah has hated for you (1) vain, useless talk, or that you talk too much about others, (2) to ask too many questions, (in disputed religious matters) and (3) to waste the wealth (by extravagance). (Sahih al-Bukhari 2408, Book 43, Hadith 23, Vol. 3, Book 41, Hadith 591)
Application of Research Methodology in Islamic Civilization
Ilm (knowledge) forms the foundation for the various scientific methodologies expounded in Islamic civilization and the end products of scientific works that being cultivated and produced. “In numerous verses in the Qur’an man is directed to the phenomena of nature and asked and even ordered to study them. There is in fact a very rich Qur’anic vocabulary relating to the study of the phenomena of nature. Such verb as yara’, yafqahuun, yatadhakkarun, ya’qiluun and ya’lamuun, are used in different verses with different meanings, alluding to the level and depth of understanding the phenomena of nature. There is implicit in the Qur’an hierarchy in studying and understanding nature. There is not just one level of knowing or one science of nature but many, ranging from simple observation related to seeing (ru’ya) to intellection (ta’aqqul) and in-depth knowledge of the essences of things (‘ilm), which must not under any condition be confused with simple ratiocination anymore than one can simply identify Qur’anic ‘ilm with modern science, a sin of which many modern Muslim thinkers are guilty”. (Muzaffar Iqbal, 2007 : 44-45) In Islamic Science, therefore, the conclusions drawn must be consistent with the teachings of Islam. The holy Quran does provide useful hints here but urges the man to use his intellect, reflect upon it and try for the comprehension of the harmony, balance and order in the universe so that ultimately he can realize the various attributes of Allah. Thus any conclusion that does not confirm to this avowed objective will not be acceptable (Rais Ahmad 1994 : 248) Prof Nasr’s pioneering works on Islamic science, is that there is no single method which is used in that science to the exclusion of other methods. In Islamic science, different methods applied in accordance with the nature of the subject in question and modes of understanding that subject. Prof
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Osman Bakar, said “Muslim scientist, in their cultivation and development of the various sciences, have relied upon every avenue of knowledge open to man, from ratiocination and interpretation of sacred scriptures to observation and experimentation”(Osman Bakar 1991 : 15)
This pluralistic methodology which formed the foundation for research in Islamic sciences has now gained acceptance among the contemporary proponents of modern sciences, namely its historian and philosophers once hailed as the utmost truth of the tangible and visible laboratory experimentation has now proved to be only a facet of truth and not the whole truth since the opening chapter of the new scientific fields such as Quantum mechanics, Atomism and theoretical physicist in the study of cosmology. Many professional modern scientists from R. Oppenheimer and Fritjof Capra to R. Schrodinger, have turned to oriental doctrines in the hope of finding solutions to certain dilemmas and problems encountered at the frontier of modern physics (Osman Bakar 1991 : 15). Ibnu Sina in his Isharat wa’l-tanbihat asserted that true science is that sciences which seeks the knowledge of the essences of things in relation to their origin. It is this active mind of Muslim scientists, or intellectual intuition is required in studying nature to come to the final conclusion of the Unity of God. Man’s intellect has been created by God in such a way that he is able to know the essential reality of all things and the power of his knowledge in contrast to even that of the angels has no limit, because it can range from knowledge of the most outward aspect of the reality of an object to its most exalted or inward aspect of the reality of an object to its most exalted or inward aspect as it resides in God’s knowledge, as well as, of course, knowledge of God Himself. Human knowledge cannot of course encompass all things; that capacity belonging to God alone (Muzaffar Iqbal 2007 : 45).
So ilm’ in the real meaning going back to the origin of things, in understanding the Originator Himself. To attain this level of ilm’ or intellectual intuition Muslim scientist have to submit wholeheartedly to the revelation of God. Intellectual intuition, says Schuon, demands the submission of all the powers of the soul to the pure Spirit which is identified ontologically with the fundamental dogma of revelation (F. Schoun 1969: 76). Submission to the God with complete surrender to His
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will opens up in Muslim mind and heart to gain scientific knowledge not only in physical level but most importantly its metaphysical aspects, to arrive at a better knowledge of Divine wisdom. Umar Khayyam, was a famous mathematician and also was a Sufi, a poet, as well as a philosopher and astronomer. His research in mathematics was always reflected in his intellectual intuition bonding the science of numbers to the Divine Unity. “The Algebra of Khayyam is one of the most outstanding mathematical texts of the medieval period. It deals with equations through cubic order, classifying and solving them (usually geometrically) and always preserving the relation between the unknowns, numbers and geometrical forms, thereby maintaining the link between mathematics and metaphysical significant inherent in Euclidean Geometry” (Seyyed Hossien Nasr 1984 : 160) The Brethren of purity (Ikhwan al safa), a group of Muslim scholars in the 10th century produced a compendium of the arts and sciences in fifty two epistle. Again Divine unity is the central foundation, numbers and mathematics being viewed in the dimension of attaining and affirming His unity. “The science of number is the “root” of the sciences, the foundation of wisdom, the source of knowledge, and the pillar of meaning. It is the First Elixir great alchemy….” (Seyyed Hossien Nasr 1984 : 152) For brethren of purity, “the whole world is composed in conformity with arithmetical, geometrical and musical relations”. (S.H. Nasr, Islamic Cosmological Doctrines, Pg 45) For Muslims mathematical contents of the universe studied in both its qualitative and quantitative aspects, not just in a pure quantitative aspect alone.
Again to quote from their writings how the entire numbers reflected as symbols leading one to affirm to His unity “Know, oh Brother (May God assist thee and us by the Spirit Him) that God, Exalted Be His Praise Be His Praise, when He created all creatures and brought all things into being, arranged them and brought them into existence by a process similar to the process of generation (of numbers) from one, so that the multiplicity (of numbers) should be a witness to His Oneness, and their classification and order an indication of the perfection of His Wisdom in
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creation. And this would be a witness to the fact, too, that they (creatures) are related to Him who created them, in the same way as the numbers are related to the One which is prior to two, and which is the principal, origin and source of numbers, as we have shown in our treatise on arithmetic.” (S.H Nasr (trans) 1984 : 155-6).
In the field of zoology, for instance, Muslim scientists made an in-depth study of various aspects of animal from anatomy, habitats to classification of animals. But their interest is not only in practical concerns, such as medical use of animals but importantly their major concerns was the spiritual and moral significance of animal which reflected in their study of animal psychology and how it was displayed in a literary and moral form. Al-Jahiz, the 9th century author of The Book of Animals, has treated zoology as a branch of religious studies. His main aim in studying zoology is to demonstrate the wisdom inherent in His creation and the existence of God. Prof Osman Bakar in his book Tauhid and Science (1991) have summarized the primary aim of a Muslim zoologist or scientist in dealing with his subject of studies :
From the Islamic point of view, a true zoology or science of animals only emerges when all of these different aspects of animals are taken into consideration. There is unity of scientific and spiritual knowledge in this conception of zoology. The link between the two types of knowledge is preserved not only in zoological works but also in works of art. Muslim artists drew miniatures of various species, which successfully captured the inner qualities of these animals. By virtue of the link that exists between the inner qualities of animals and the spiritual world, these works of art serve a kind of spiritual function, namely to enable man contemplate the visible world as a reflection of the spiritual world.(Osman Bakar 1991 : 70) Thus, Islamic methodology in studying science have a deeper level of understanding the noumena than the pure physical phenomena aspects. There is no desacralization of nature. Nature seen in a most sublime way reflecting the beauty of Him. Muslim Scientists with a deep understanding of Quran and Hadith world-view will never give in to the demolition and descralization of nature as what being done by the modern science. “Moreover, nature has come to be regarded as something to be used and enjoyed to the fullest extent possible. Rather than being like a married woman from whom a man benefits but also towards whom he is responsible, for modern man nature has become like prostitute-to be benefitted from without any sense of obligation and responsibility toward her. The difficulty is that the condition of prostituted nature is becoming such as to make any further
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enjoyment of it impossible. And, in fact, that is why many have begun to worry about its condition”. “It is precisely the “domination of nature’ that has caused the problem of over-population, the lack of ‘breathing space’, the coagulation and congestion of city life, the exhaustion of natural resources of all kinds, the destruction of natural beauty, the marring of the living environment by means of the machine and its products, the abnormal rise in mental illnesses and a thousand and one other difficulties some of which appear completely insurmountable”. (Seyyed Hossein Nasr, 1976: 18) Therefore the Muslims have a heavy responsibilitiy, who’s representing one fifth of the world population to give the world the correct understanding of nature and in how to deal with them for the betterment of humanity at large. Muslim scientists, philosophers and teachers should be at the forefront in propagating the Quranic message of science and be as a torch bearer in returning mankind to its primordial path, in submitting to God, to His way. Maryam Jameelah quotes a historical event how Muslim teachers have played their profound impact upon their students to the extent of changing their fundamental view of life. My father belonged to the soldier class ; my mother was the daughter of a family of distinguished priests. One of the favours that God gave to me was that I was the favorite child and I received a better education than my brothers. My parents sent me when I was seven years old to an elementary school. As soon as I could read and write well, I returned to my parents. Then I decided to study science. The first branch of Science of that attracted me was Medicine. It interest me so much because I knew how excellent it was. The more I learnt, of it, it the more I liked it and the more eagerly I studied it. As soon as I had reached such a degree of proficiency in medicine that I could think of diagnosing and treating patients, I began to deliberate within myself, for I observed that there were four things to which men aspire. Which of these ought I to aim at-money, prosperity, fame or a heavenly reward? What decided my choice was the observation that all intelligent, educated people praise medicine and that no religion condemns it. I also used to read in the medical books at Jundisapur that the best doctor is the one who sacrifices his personal gain for the welfare of his patients and seeks only a reward from God in the Hereafter. So I was determined to follow this lead and to aim at no earthly gain lest I be like a merchant who sells for a valueless bauble a ruby by which he might have gained all the riches of the world. I also read in the medical works of the ancients that if a physician aspires to gain through his profession a reword in the Hereafter, he will not lose his share in this world’s goods. Thus he resembles a sower who carefully scatters his barley grain in his field and for whom there springs up together with his harvest of barley, all sorts of useful herbs. So with the hope of reward in the Hereafter, I set out to treat the sick. I exerted myself in the treatment of patients whom I expected to cure. And no less did I strive in those cases where I could
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not hope to effect a cure. In such cases, I tried at least to make their sufferings more bearable. Whenever I could, I used to attend to my cases in person. When this was not possible, I would write out for them the necessary prescriptions and give them medicines. From no one do I ever demand any fee or other reward. And none of my fellow physician did I envy who equaled me in skill or surpassed me in fame or fortune if he lax in his standards of honesty in word or deed.
Conclusion God created man not in sport or in vain but He has endowed him with the senses, with reason and understanding, made him perfect-indeed, breathed into him of His spirit. (Qur’an 15 :29). Man in Islam is the ‘crown of creation’ having a great responsibility or duty before the God, a servant/slave of God (abd-Allah) and vicegerent of God (Khalifatul-Allah).
Such a great duty, said Ismail al-Faruqi, an eminent Islamic Scholar, is the cause for creation of man. It is the final end of human existence, man’s definition, and the meaning of his life and existence on earth. By virtue of it, man assumes a cosmic function of tremendous. The cosmos would not be itself without that higher part of the divine will which is the object of human moral endeavor. And no other creature in the cosmos is known who can substitute for man in this function. If man is said “the crown of creation,” it is certainly on this account, namely, that by his ethical striving and action, he is the only cosmic bridge through which the moral and hence higher part of the divine will enters the realm of space-time and becomes history.(al-Faruqi 1992 : 62). Man’s duty never ends till he dies. His entire ethics, works, understanding and outlook of life should be based on the Quran and Hadith. He is responsible for himself, for his community and the entire universe before God. A Muslim scientist with a correct view of himself and his sacred relationship with the universe and the “trust” or amanah he’s carrying from his God is the most cardical issue that he have to understand and belief in the profoundest sense. Without deep understanding of this sacred relationship, he will be easy to fall prey into his animal or carnal soul and view universe and nature and perhaps also himself in a profane way. This is the malady that affected the psychic and religious view of scientist today which culminates in the rise of modern science that eventually leads to the many ills that the humanity of today and the nature is facing.
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“Al-taklif” said Prof. Ismail-Al-Faruqi (1992) “laid down man exclusive knows no bound , as far as possible scope and theater of action. It comprehend the whole universe. All mankind is object of man’s moral action: all earth and sky are are his theater, his materiel. He is responsible for all that take place in the universe, in every one of its remotest corners, for man’s taklif is universal, cosmic. It comes to end only on the Day of Judgement.” (Al- Faruqi 1992 : 62)
A Muslim scientist needs to understand that he was created by God in a best of stature (ahsan altakwim). Therefore he has all the capacity and capabilities to perform the best of his ability for the betterment of himself and others. He should be creative and energetic as the Prophet (PBUH) have said “work as if you will be living a thousand years and pray as if you will be dying tomorrow”, and that at the same time having a constant consciousness about his weaknesses, his need of Him and a deep believe that the effort and work endeavored will only be materialized if He wills. Therefore he has a free will to work with his full capabilities and at the same time he’s constantly in need of Him, seeking His grace and His acceptance.
This psychospritual view of a Muslim scientist will create a world resembling the “paradise” or to use the Christian phrase “the Kingdom of Heaven” in this world, where modernity and tranquility, progress and peace, development and devoutness to God, richness of material and richness of spiritual, rocketing high to heaven and at the same bounding down on earth in humility; will finally established. No more war, catastrophy, killing, massacre, colonialism, poverty, green house effect and nuclear and atomic devastation will occur. Islam has always stressed the importance of man being the custodian of nature and not to destroy it for self-satisfaction but rather to live in it with peace. And he have to beware that if he seeks to destroy nature and annihilate it he will eventually fail and the final word is always belongs to the nature. In this perspective an Islamic scholar Eaton (1985) has wonderfully summarized it : “We must tread carefully upon earth, treating it with the same respect that we show to the Book of Allah, for although ‘He hath made the earth humbled to you’, and although we are free ‘to walk in
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its tracts and eat of His providing,’ yet : “Are ye assured of Him that’s is in heaven that He might not cause the earth to swallow you ? For behold! The earth is quaking””( C.G. Eaton 1985I : 91) Finally, only through ethical foundations that have been expounded in the Qur’an and Hadith can man truly find the ‘true science’ he’s striving for and the salvation he’s hoping for. “It is only tradition that can convert man from his role of plunderer of the earth to that of the ‘vicegerent of God on earth’ (khalifat Allah fi’l-ard)” (S.H. Nasr, 1980 : 154). Only a man who’s endowed with the true vision of nature, the inner dimensions of it, will be able to fulfill the covenant he has made with his God, to love the nature and the universe and be the viceregent of God. His love of the universe will be as the famous line of the Sufi Saint Sa’di : “I am in love with the whole Universe because it comes from Him”. (Nasr, 1980 : 142)
Bibliography A. Rashid Moten. 1994. Islamization of Knowledge : Methodology of Research in Political Science; Muqim, Mohammad. (ed). 1994. Research Methodology in Islamic Perspective. New Delhi: Institute of Objective Studies. Ahmad, Rais. 1994. Some Thought on Methodology in Islamic Science Research Methodology: Muqim, Mohammad. (ed). 1994. Research Methodology in Islamic Perspective. New Delhi: Institute of Objective Studies. Al-Attas, Syed Muhammad Naquib. 1976. Islam The Concept of Religion and The Foundation of Ethics and Morality. Kuala Lumpur: Dewan Bahasa dan Pustaka Al-Faruqi, Ismail Raji. 1992. Al-Tawhid Its Implications for Thought and Life. Virginia, U.S.A: International Institute of Islamic Thought Herndon. Ali Muhammad Mumtaz. (ed). 1996. Conceptual and Methological Issues in Islamic Research a Few Milestones. Kuala Lumpur: Dewan Bahasa dan Pustaka. Bruner, F. 1955. Science et Realite. Paris Eaton, C.G. 1985. Islam and the Destiny of Man. Albany, New York : State University of Newyork Press. Faridi, Fazlur Rehman. 1996. Islamic Research Methodology: Some Reflections; Ali Muhammad Mumtaz. (ed). 1996. Conceptual and Methological Issues in Islamic Research a Few Milestones. Kuala Lumpur: Dewan Bahasa dan Pustaka.
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Ibn Kathir, Tafsir; vol. 1, p. 7. Beirut Edition. Iqbal, Muzaffar. 2007. Islam, Science, Muslims And Technology, Seyyed Hossein Nasr in Conversation with Muzaffar Iqbal. Malaysia: Islamic Book Trust. Jameelah, Maryam 1976. Modern Technology and The Dehumanization of Man. Lahore, Pakistan: Mohammad Yusuf Khan. Maududi, Abul Ala. 1980. Toward Understanding Islam. United Kingdom: The Islamic Foundation. Muqim, Mohammad. (ed). 1994. Research Methodology in Islamic Perspective. New Delhi: Institute of Objective Studies. Nasr, Seyyed Hossein. 1976. Man and Nature, The Spritual Crisis of Modern Man. A London: Mandala Book Published by Unwin Paperback.
Nasr, Seyyed Hossein. 1980. Living Sufism. London, UK: Mandala Books, Unwin Paperbacks. Nasr, Seyyed Hossein 1978. An Introduction to Islamic Cosmological Doctrines. London: Themes and HudSon Nasr, Seyyed Hossien. 1968. The Encounter of Man and Nature. George Allen & Unwin Ltd. Nasr, Seyyed Hossien. 1984. Ikhwan al-safa, Rasa’il (Cairo: Arabiyyah Press, 1928), trans by S.H. Nasir in his Science and Civilization in Islam. Malaysia: Dewan Pustaka Fajar. Nasr, Seyyed Hossien. 1984. Science and Civilization In Islam. Malaysia: Dewan Pustaka Fajar. Osman Bakar. 1991. Tawhid and Science Essays on The History and Philosophy of Islamic Science. Penang: Secretaria for Islamic Philosophy and Science Kuala Lumpur. Rauf, Muhammad Abd. 1991. The Muslim Mind Foudation And Early Manifestation Kuala Lumpur : Dewan Bahasa Pustaka. Schoun, F. Dimensions of Islam, Allen and Unqin, 1969 Wahab, Muhammad Abd. 1996. Kitab At-Tauhid. Riyadh, Saudi Arabia: Dar-us-Salam Publication. Wells, H.G. 1929. A Short History of The World. London: Watts & Co. Yarnold, G.D. 1959. The Spritual Crisis of the Scientific Age, New York. Zaiuddin Sardar. (ed). 1984. The Touch of Midas. Manchester: Manchester University Press.
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‘IMARAH GREEN PROJECT: SURAU APIUM AS THE CATALYST FOR ADVOCATING SUSTAINABILITY PRACTICES IN UNIVERSITY OF MALAYA 1 Dr.Asmawati Muhamad, 2Prof.Dato’Dr.Zulkifli Mohd Yusoff, 3Assoc.Prof.Dr.Mohd Roslan Mohd Noor, 4 Assoc.Prof.Dr.Sumiani Yusoff, 5Dr.Zeeda Fatimah Binti Mohamad, 6Dr.Madiha Baharuddin Abstract Islamic nations worldwide are creating mosque, surau and pesantren (religious school) that subscribe an eco-concept building and surrounding. It is observed that APIUM’s (Academy of Islamic Studies, UM) students in general have shown poor concern on sustainability practices in the surau pertaining to water and energy conservation, maintaining cleanliness and recycling practices. In this regard, we aims at advocating Surau APIUM and its community as clients for sustainability education. It is believed that the idea of carrying out ‘Imarah Green Project in Surau APIUM will help Susci (Sustainability Science) delivers environmental education for the APIUM’s students in direct involvement and with specific plans of ecofriendly activities that promote behavioural change among them to practice water and energy conservation, proper waste management, greening and biodiversity enhancement as well as maintaining cleanliness of the Surau building and surrounding. This research employs qualitative and quantitative methods. We hope that this project shall enhance knowledge and awareness of contemporary environmental issues among Academy of Islamic Studies’ students in order for them to translate the underlying principles of Islamic teachings (i.e. wasatiyyah and maqasid al-shariah principles) with regard to environmental concern into practices. This is the way forward for Muslim community in APIUM to streamline their roles and contribution in providing response and commitment on addressing environmental challenges from the Islamic point of view.
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REVIVING THE WASATIYYAH VALUES FOR INTER-RELIGIOUS HARMONY OF WORLD COMMUNITY Abdul Halim Syihab1 & Asmawati Muhamad2 Abstract World religions play an important key role in sustaining interreligious harmony between the different creeds and cultures of humanity. Therefore, it is very imperative for every adherents of major religions to uphold and practice the essential values of their religious teachings consistently. As for Islam, it has rich tradition of guiding principles, called wasatiyyah that ensures the social justice and prosperity in a plural society. This article purposefully aims at reviving the pertinent values of wasatiyyah concept that has been practiced by the early generations of Muslim society. To deliberate the sound understanding of wasatiyyah concept and application, we have consulted major works of Islamic literature and applied content analysis of these resources. It is found that wasatiyyah values provide vital elements of balance, justice, excellent, strength, honour, and peace that would give significant impact in building inter-religious harmony among world community. Indeed, an empirical work of wasatiyyah application should be further pursued in order to fully justify its workable methods of instrumenting the positive values of wasatiyyah in the current context of world society. Keyword: wasatiyyah, moderation, peace, harmony, interreligious, justice, balance
In today’s global crisis, it is of utmost importance for the world community to recognize and understand the complexity of religious-cultural and racial differences that exist amongst them. Disputes and conflicts have always formed part of the fabric of human’s interaction since primordial time. Human as individual, groups, or nations are always tend to have arguments and disagreement in many kind of issues. Such dispute if continuing unresolved would eventually lead to violent conflicts that resulting in bloodshed, wars and suffers. Many wars between nations, ethnic groups or religious communities had their origins in territorial, political, economic, personal or religious disputes. In this regard, Islam has offered pertinent solution and approach for human being to deal with people, nature and his own-self properly. In this paper, we seek to discuss the Islamic conception of wasatiyyah (moderate and balance) that has vital values for shaping a balance, harmony and sustainable interreligious relationship among nations worldwide. The concept of wasatiyyah is very important to be highlighted especially during the current state of crisis in Islamic world where many irresponsible act such as terrorism, fundamentalism, extremism, liberalism and many more were easily associated to Islam just because of their socalled “Islamic” label and appearance. Even worse is the internal state of Muslim that occupied with long misunderstanding and battle of ideology that claiming as the most guided groups in Islam. Therefore, wasatiyyah holds a very important key role to address those misconceptions. Wasatiyyah is an excellent concept to be grasped because of its nature that save a person from the thought-provoking temptation, reach the intended messages by God, enhance the implementation of Shari’ah purposes (Maqasid Shari’ah) and to avoid from getting irresponsible accusation and slanders. In fact, this concept is originated from the Quran and Prophetic traditions that advocates humankind to approach justice and truth. In current context, can wasatiyyah be used as an instrument to uphold social justice and harmony among world society? THE MEANING OF WASATIYYAH 1
PhD Candidate in Philosophy, Ethics and Contemporary Issues, International Islamic University Malaysia (
[email protected]). 2 Senior Lecturer, Academy of Islamic Studies, University of Malaya (
[email protected]).
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Wasatiyyah is an Arabic term that refers to an individual or group characteristics and behaviour as being moderate and balanced. It also means an attitude, which is contrary to the state of excessiveness and extremism. There are a number of terminologies in English literature that associated with wasatiyyah, such as moderation, mainstream, intermediary, middle path, midpoint, reasonable, rational, acceptable, common, and others. The term wasatiyyah is a verbal noun (masdar) derived from the word wasat in the following Qur’anic verse: “The foolish of the people will say: What has turned them from the qiblah which they formerly observed? Say: Unto Allah belong the East and the West. He guides whom He will unto a straight path. Thus we have appointed you a moderate community (ummatan wasatan), that you may be witnesses against mankind and that the Messenger may be a witness against you. And we appointed the qiblah which you formerly observed only that we might know him who follows the Messenger, from whom who turn from his heels. In truth, it was a hard (test) save from those whom Allah guided. But it was not Allah’s purpose that your faith should be in vain, for Allah is full of pity, merciful toward mankind”.3 The above mentioned verses highlight two specific criteria of human being, i.e., the witnesses (Shuhada) and the fools (sufaha’). The most essential quality of a reliable witness in Islam is being moderate, whose testimony can be accepted in the court of law. This is how the Qur’an describes the characteristic of true believers. The unbelievers, on the other hand, are indicated as the Fools (sufaha), which are quite the opposite. God made those who receive the guidance and live by it as the Moderate Community (ummatan wasatan). The word ummah is choosen to display four essential meanings that reflect to the origin, the point of reference, the group and the religion.4 The word wasatan used to show the middle point between two opposing sides or in between of two extremes. When the Muslims are called “the Moderate Community”, it is meant that they are “the best community” (khair ummah) who are “the most excellent in virtue” (afdal) and that their religion is the moderate religion. The word safih or sufaha literally means foolish, stupid, silly, incompetent, impudent, shameless and insolent. Generally, safih means ignorant that is intellectually weak and therefore he is not well informed of what is beneficial and what is harmful, either in worldly or religious matters.5 It includes innocent kind of silliness, like one who is not capable of looking after one’s own property and well-being. Safih also refers to a person who lacks of religious knowledge, a liar who used to say things contrary to what he knows, and a stubborn person who refuses to listen to the truth.6 Muhammad Asad elaborates the meaning of “Middlemost Community” as follow: “… a community that keeps an equitable balance between extremes and is realistic in its appreciation on man’s nature and possibilities, rejecting both licentiousness and exaggerated asceticism. In tune with its oft-repeated call to moderation in every aspect of life, the Qur’an exhorts the believers not to place too great an emphasis on the physical and material aspects of their lives, but postulates, at the same time, that man’s urges and 3
Surah al-Baqarah (2): 142-143. Abu al-Husayn Ibn Faris (1999), Mu’jam Maqayis al-Lughah, Beirut: Daar al-Kutub al-Ilmiyyah, vol.2, 340. 5 Muhammad Ibn Jarir al-Tabari, Jami’ al-Bayan fi Ta’wil al-Qur’an, ed. Muhammad Shakir (Muassasat al-Risalah, 1412/2000), vol.1, 293. 6 Abu Muhammad al-Baghawi (1997), Ma’alim al-Tanzil fi Tafsir al-Qur’an, Beirut: Dar Tayyibah li al-Nashr wa alTawzi, vol. 1, 67. 4
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desires relating to this “life of the flesh” are God-willed and, therefore, legitimate. On further analysis, the expression “a community of the middle way” might be said to summarize, as it were, the Islamic attitude towards the problem of man’s existence as such: a denial of the view that there is an inherent conflict between the spirit and the flesh, and a bold affirmation of the natural, God-willed unity in this twofold aspect of human life. This balance attitude, peculiar to Islam, flows directly from the concept of God’s oneness and, hence, of the unity of purpose underlying all His creation”.7 Based on the above Qur’anic citation and what has been explained by Asad, it is clear that the most important characteristic of wasatiyyah is justice. It includes justice to Allah, justice to the religion of Tawhid, justice to fellow men and all creatures, justice to nature and justice to oneself. Those qualities need to be present otherwise, the ummah cannot be the witnesses against those people who have failed to fulfil the divine trust placed upon their shoulders. As a matter of fact, justice requires a person to be in the middle-most position between two or more opposing sides without inclining to any party by emotion, bias or prejudice. The noun al-wasat which is literally mean the middle, the middlemost and the center, is referring to the connection of all sides that of equal distance, such as the center of a circle. Then the word is borrowed in order to describe the praiseworthy of human quality that is in between of being excessive (ifrat) and laxity (tafrit). Wise saying of Arab states: “Khairul al-‘umur al-awsat” (the best of affairs is in the middle position). Therefore, when it was said the Quraish tribe is “awsat al-Arab”, it means that it was the best tribe, just as when it was said that the prophet was “wasatan fi qawmihi” it means that the prophet was the noblest among his people genealogically.8 The word “awsatuhum” in the following verse, “The most reasonable of them (awsatuhum) said, "Did I not say to you, if only you would glorify?”9 has been interpreted by the Qur’anic commentators as “the most just of them” (‘adaluhum). This interpretation is agreed by al-Razi in his tafsir in which he says, “The most just place for deciding something is to be in the middle, because its judgement with regard to all its sides is the same and equal”.10 Here are some principles regarding justice and some connotations of wasatiyyah or moderation: - Justice (al-Adl)11 This is the central meaning of the wasatiyyah concept as it is reflected in the verse: “Thus we have appointed you a Moderate Community (ummatan wasatan)”12. Scholars found that there are two possible meanings for the word wasat; one is justice, the other is goodness. However, these two meanings have no contradiction because to be justice is good and goodness is within moderation. - Excellence, Best and Goodness (al-khairiyyah)13 Wasatiyyah comes with the characteristic of being excellence, best and goodness (al-khairiyyah). Prophet Muhammad (PBUH) was described as a man who is the best among his people (awsat qawmihi) and he came from the highly respected family chain among the Arab community. 7
Muhammad Asad (2011), The Message of the Qur’an, London: Dar Andalus, 80. Yusuf al-Qaradawi (n.d), Al-Khasais al-Aammah lil Islam,Cairo: Maktabah Wahbah, 70. 9 Surah al-Qalam (68): 28. 10 Abul Fadl Muhammad al-Razi (1981), Al-Tafsir al-Kabir, Beirut: Dar al-Fikr, vol.30, 90. 11 Surah al-Nisa (4): 135. 12 Surah al-Baqarah (2): 143. 13 Surah Ali Imran (3): 110. 8
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- Balance (al-Tawassut, al-Tawazun, al-I’tidal)14 Today’s state of affairs is very challenging as there exists so many groups claiming to be the most rightful group of certain religions and the rest are wrong doers and must be punished. The concept of wasatiyyah is then so appropriate to distinguish between excessive approach (ifraat) or laxity or liberal approach (tafrit).15 - Straightness (al-Istiqomah) The straight way or the straight path is also the middle position as compared to wrong paths surrounding it. For this reason, a Muslim is taught to ask from Allah guidance to the straight path seventeen times a day by reciting Surah al-Fatihah while establishing five daily prayers. This indicates that Muslim Ummah who walk on the Straight Path are those who avoid the extreme of religious practices.16 - Strength (al-Quwwah) Being in the middle position is a sign of strength as well, just as it is resembled to the youth age that has intermediary physical condition i.e., between the weakness of childhood and the weakness of old age.17 Religious Tolerance and Moderation in the Past Since the very beginning of Islamic era, Islam has always promoted moderation and tolerance or wasatiyyah. In the Qur’an, Allah s.w.t calls the Jews and Christians not to exceed the religious boundary. Allah says: “O People of the Book, (Jews and Christians) do not go beyond the bounds in your religion and do not say concerning Allah (anything) except the Truth. Surely alMasih, Isa son of Maryam, was only the Messenger of Allah, and His Word that He cast forth to Maryam, and a Spirit from Him. So, believe in Allah and His Messengers, and do not say, “Three.” Refrain; most charitable is it for you; surely Allah is only One God. All Extolment be to Him-that He should have a child. To Him (belongs) whatever is in the heavens and whatever is in the earth; and Allah suffices for an Ever-Trusted Trustee.”18 Ibn Kathir in his exegesis explains the above verse as follow: “Allah forbids the People of the Scriptures from going to extremes in religion, which is a common trait of theirs, especially among the Christians. The Christians exaggerated over `Isa until they elevated him above the grade that Allah gave him. They elevated him from the rank of prophethood to being a God, whom they worshipped just as they worshipped Allah. They exaggerated even more in the case of those who they claim were his followers, claiming that they were inspired, thus following every word they uttered whether true or false, be it guidance or misguidance, truth or lies.”19
14
Surah Luqman (31): 18. Abdullah Md. Zin (2012), Pendekatan Wasatiyyah dalam Menghayati 1Malaysia, Kuala Lumpur: MPH Group Printing, 4th edn, 51. 16 M. Kamal Hassan (2011), Voice of Islamic Moderation from the Malay World, Selangor: IIUM Printing, 164. 17 Ibid., 165. 18 Surah al-Nisaa (4): 171. 19 Abi al-Fidaa Ismail Ibn Kathir (1997), Tafsir al-Qur’an al-‘Azim, (Beyrut: Dar Ihya Turath al-‘Araby, vol.1, 517. 15
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The Qur’an refers the Jews and Christians as People of the Book. They were among the most discussed subject in the Qur’an and Islamic history due to their proximity to Islam. History has demonstrated how Islam allows non-Muslim to practise religious freedom, especially to the People of the Book. The freedom continued during the period of the Caliphate al-Rashidun as well as the following Islamic rules. Jews in particular has enjoyed numerous privilege under Islamic governance and yet they returned the favour viciously. Prophet Muhammad (PBUH) has shown a great deal of tolerance to non-Muslims during his lifetime in both Mecca and Madinah. In one authentic Hadith, the prophet said, “Anyone who hurts a dhimmi20 hurts me, and who hurts me, hurts Allah”.21 In another hadith, the Prophet said, “whosoever persecutes a dhimmi or usurps his rights or took work from him with evil intentions, I shall be a complainant against him on the Day of Resurrection”.22 It has been witnessed that, when Prophet Muhammad migrated to Madinah in 622 CE, he introduced a treaty that has granted everyone in the city, including the Jewish tribe, freedom of worship, protection of their place of worship, their life and their property. This practice has been respected and safeguarded throughout Islamic history. During the early years of Madinah period, several Christian elders, learned man and religious leaders from Najran had an intense debate with the Prophet about the Islamic standpoint on Christianity. About halfway during the discussion, the Christian delegation went out to perform their mass (prayer). The Prophet invited them to perform their prayer in the mosque, which they did. When their dialogue with the Prophet had ended, the Christians signed a treaty in which the Prophet guaranteed to protect their religious rights and to preserve the sanctity of their monastery, provided the reciprocated by showing respect for Islam and the emerging Islamic state in Madinah.23 Another incident that reflects the tremendous tolerance and respect given to non-Muslims was following the Battle of Khaybar, whereupon the Prophet ordered all scriptures taken from the Jews to be returned to them. The event shows what a high regard the Prophet had for their scriptures. His tolerant and considerate behaviour impressed the Jews who could never forget that the Prophet did nothing which trifled with their sacred scriptures.24 When the Romans conquered Jerussalem in 114 CE, they expelled all Jews from the city and imposed a complete ban on their re-entry. In contrast, when Caliph Umar Ibn al-Khattab conquered Jerusalem in 638 CE, Christians and the Jews were allowed to stay.25 The text of the treaty of surrender of Jerusalem was written by Mu’awiyah and signed by the Caliph and by Sophronius, Patriarch of the City on behalf of the Christians, says: “In the name of Allah, the Beneficent, the Merciful. This is the guarantee granted to the inhabitants of Aelia by Umar, Servant of God, Commander of the believers. He guaranteed for them the safety of their persons, of their goods, of their churches and crosses – whether in good state of repair or otherwise – and generally of their religion. 20
Dhimmi is a non-Muslim citizen of an Islamic state. Abu Qasim Sulayman Ibn Ahmad al-Tabarani (1995), Al-Mu’jam Awsat, Cairo: Dar al-Haramayn, vol.4, 373, no hadith: 2632. 22 Abu Bakar Ahmad Ibn al-Husayn Ibn Ali al-Baihaqi (2011), Al-Sunan al-Kabir, Cairo: Dar al-Hijr, vol. 5, 205. 23 Syed Othman al-Habshi and Faisal Haji Othman (1994), “Principles of Tolerance in Islam and the Historical Practices”, in Islam and Tolerance, Kuala Lumpur: Institute of Islamic Understanding Malaysia, Kuala Lumpur: IKIM, 59. 24 Ahmad F. Yousif (1998), Religious Freedom, Minorities and Islam: an Inquiry into the Malaysian Experience, Selangor: Thinker’s Library, 41. 25 Syed Othman Alhabshi et.al (1994), Op.cit, 61. 21
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The churches will not be changed into dwellings, nor destroyed. Neither they nor their other properties will suffer any damage whatever. In matters religious, no coercion will be exercised against them, nor will any of them be hurt.”26 Four centuries later (in 1099 CE), the harmonious atmosphere which existed under the Muslim rule ended when Christian crusaders captured Jerusalem and were merciless toward all non-Christians including many innocent people. The Christian victory over Jerusalem did not last long however. Less than a century later in 1187 CE, Jerusalem was recaptured by Muslim caliph Salahuddin alAyyubi and was returned to be the city of the three semitic religions. Muslims ruled Spain for 800 years, during which time Jews and Christian lived harmoniously and were allowed a great level of religious freedom. When the Christian finally recaptured Granada in 1492 CE, Muslims and Jews who remained behind were given the choice of baptism, exile or death.27 While the Muslims had shown great tolerance and respect for Christianity, it was obviously no place for Muslims in the once lost and now re-conquered lands of Christendom.28 The most contemporary historical example of Muslim tolerance toward non-Muslims was demonstrated by Muslims during the Ottoman period. During that time, all non-Muslims were allowed to follow their own religions, provided that they respected Muslim supremacy and paid their taxes. The administrative system employed by the Ottomans, known as the millet system, regarded religious communities as autonomous social units, which enjoyed both administrative and legal independence. Each millet was headed by clergymen who were responsible for the civil status, judicial process, church property, education, charity and even tax collection. This system which enabled Christian, Jews and Muslims to live side by side in the same state under the same sovereign, yet remain subject to different laws and different offficials, served the Ottoman Empire well for four centuries”.29 Due to the immense tolerance, freedom and autonomy given to religious communities, Istanbul became a safe haven for all kinds of religious refugees from Europe. According to Lewis, the Turkish capital in the 17th century was “probably the only city in Europe where Christians of all creeds and persuasion could live in reasonable security and argue their various schism and heresies. Nowhere in Christendom was this possible”.30 The history has described how the concept of wasatiyyah was not merely a theory without proof. Moderation, toleration or wasatiyyah was the practice of the Prophet Muhammad, his companion and followers of the early Muslims. A leader who strikes wasatiyyah upon the people has proven to be very effective and indeed extend the duration of successful leadership. Those periods of harmony in Islamic civilisation were not short and fill of the joyful milieu enjoyed by all parties regardless of their background. The human nature is inclined to treasure lifetime of peaceful surrounding rather than the chaotic one. Indeed, wasatiyyah is one of the successful fruits of Islamic civilization for it has gone through both theoretical conception and experimental application. Thus, it is established that Islam has initiated an interreligious harmony through the concept of wasatiyyah. Fazlur Rahman said in this regard: 26
Ismail R. al-Faruqi (1979),“Rights of Non-Muslims Under Islam: Social and Cultural Aspects”, in Journal Institute of Muslim Minority Affairs, Vol 1:1, 99. 27 Bernard Lewis (1993), Islam and the West, New York: Oxford University Press, 11. 28 Ahmad F. Yousif (2011), Religious Freedom, Minorities and Islam: an Inquiry into the Malaysian Experience, Kuala Lumpur: IIUM Printing, 2nd edn, 42. 29 Roderic H. Davison (1990), “Essays in Ottoman and Turkish History, 1774-1923”, in The Impact of the West, Texas: Saqi Books, 17. 30 Bernard Lewis (1993), Op.cit, 81.
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“The Islamic civilisation was the first in the world which brought about a highly fruitful co-operation among peoples of different faiths, cultures and races in the fields of science and philosophy, medicine and literature. As a result a brilliant intellectual culture was produced wherein Muslims, Christians, Jews, Zoroastrians and others participated on an equal footing”.31 The Challenge of Wasatiyyah in the Contemporary Muslim World
In his work, Ahmad Yousif32 has discussed fundamentalism as one of the big challenges faced by the contemporary Muslim world. He found that there has been strong tendency to associate Islam with the term “fundamentalism” despite many scholars are arguing and identifying profoundly the real context of the issues. Fundamentalism has interestingly always led to fanaticism even though they both came from different roots. Fundamentalism is originally from Christian ethics and tradition while fanaticism means going into extreme and overly zealous regarding an issue, idea, opinion or action. In the following lines, Ahmad Yousif indicates the trend of religious fanaticism and fundamentalism in the recent decades. 33 -
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In November 1979, at 5:30 am, a powerful force of armed militants at the Grand Mosque in Mecca (Saudi Arabia) pushed their way into the praying crowd and declared that the long-awaited Mahdi (Messiah) had arrived. The more than 300 members of this militant band and their families were led by Juhaiman alUtaiba, who had come to cleanse Islam before the end of the world. In September 1982, hundreds of Palestinians in the Beirut refugee camps of Sabra and Shatila were slaughtered by the Christian militia with the tacit consent of the occupying Israeli army. In April 1983, the U.S. embassy in Beirut was demolished by a suicide bomber in which seventeen people were killed. In the same year, the U.S. Marine Corps barracks near the Beirut Airport was levelled by a suicide truck in which 241 died. Islamic Jihad claimed responsibility for both attacks. In June 1984, the Indian government invaded the Sikh Golden Temple, resulting in the deaths of more than 1000 Sikhs. Sikh nationalists revenged the attack with the assassination of Prime Minister Indira Ghandi later that same year, and also with the hijack and destruction of an Air India 747 jet the following year. The shootings at a Jewish day care center in California on August 10, 1999, by a Christian Identity activist rekindled the fear and anger evoked by the bombing of the Atlanta Olympic Games, the 1995 devastation of the Oklahoma City federal building, and a rash of abortion clinic attacks throughout the decade.
31
Fazlur Rahman (1986), “Non-Muslim Minorities in an Islamic State”, in Journal Institute of Muslim Minority Affairs, (Vol. VII (7), no. 1, 18. 32 Ahmad F. Yousif, Professor of Islamic Civilization and Contemporary Issues, University of Sultan Sharif Ali, Brunei Darussalam. 33 Ahmad F. Yousif (2012), “Fundamentalism and Fanaticism: A Comparative Analysis,” in Religious Studies and Theology 30, no. 1, 3–26.
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Beginning in the aftermath of September 2001, suicide bombing become the major weapon of armed struggle for Palestinian. By the end of June, 2002, the total casualties for Palestinians far exceeded that of Israeli Jews. Suicide bombings have instilled fear and hurt the economy in Israel, but Palestinians suffering has nevertheless far surpassed Israeli Jewish suffering.34
The new millennium has witnessed long standing political conflicts of a grave nature around the world involve several Muslim communities such as Palestinians, Bosnians, Albanians, Chechens, Afghans, Kurds, Iraqis, Kashmiris, Uighers and Moros. The tragic events of 9/11 have caused a massive Islamophobia in the West. Many non-Muslims have come to believe that Islam is a religion of intolerance, militancy, barbarism, or terrorism. The media has purposely portrayed Islam as the enemy of modernisation, cultural pluralism and human rights. As a result, a deep mistrust of each other has developed in the West and in the Muslim world. As a matter a fact of all religious communities, the existence of phenomenon of extremism, radicalism or militancy is confined to a very small group which misunderstood the concept Jihad fi sabil Allah (Striving in the path of Allah). Furthermore, it is so unfortunate that these acts of small groups got viral and developed into massive misunderstanding in the West. To the non-Muslim world today, Jihad is generally understood as holy war or any kind of terrorist act, while the actual meaning is much wider than what has been confined. Consequently, those who espouse the use of violence are mistaken in assuming that it is obligatory to fight the disbelievers even though they are at peace with the Muslims. In this regard, those who subscribe this idea are guilty of transgressing the limits imposed by Allah as stated in the Qur’an, “..And fight in Allah’s cause against those who wage war against you, but do not commit aggression, for verily Allah does not love aggressor”. 35 Contrary to the claim of some militants, this verse is not abrogated for a particular time and place, rather the categorical statement that “verily Allah does not love aggressors” is a permanent principle in Islam. The association of jihad with terrorism in the media is a gross distortion of Islamic teaching. The problem of extremism is a problem shared by all religions. Such association is a result of prejudice toward Islam and Muslim communities. The prejudice is in place due to the current state of Muslim world is challenging and has great potential to trigger extremism. Poverty, social injustice, corruption, bad governance and low quality education found in many Muslim countries today. 36 Islam is a religion of peace and moderation which encourages its followers to avoid excessiveness and laxity. The Qur’anic discourse on wasatiyyah indicates that Allah has chosen Muslims to be the genuine believers of Islamic monotheism (tawhid), follower of the Sunnah of Prophet Muhammad, and a community justly balanced (ummatan wasatan). The commentaries of the verse 143 in surah al-Baqarah tells us that Islam came to moderate the ways of previous nations which had either become extremely legalistic or had gone to the opposite extreme. Muslims are advised to live their life in balance between spiritual and worldly activities. They are warned not to neglect worldly affairs while focusing on religious duties. Even when it comes to performing good deeds, Muslim are encouraged to pursue a path of moderation. Manifestation of wasatiyyah in the Islamic teaching can be seen through various modes. In terms of worship or ‘ibadah, Islam represents a middle position between religions of faiths which 34
Ibid. Surah al-Baqarah (2): 190. 36 M. Kamal Hassan (2011), Op.cit, 160. 35
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marginalise the aspect of Divinity or transcendence so as to focus on humanistic morality and those which require their followers to cut off their ties with worldly life in order to lead a life of total spiritual devotion or monasticism.37 This worship designed by Allah within the capacity of Muslim to perform and not beyond that. For example, the five daily prayers or Solah is a compulsory worship and the most important one. This ibadah comes with consequences both good and bad. Good for those who perform it and bad for those who leave it according to Shari’ah or Islamic law. Allah said in the Holy Qur’an, “Verily, the prayer is enjoined on the believers at fixed hours”.38 There are numerous verses and hadith (Prophetic tradition) explaining about the obligatory of solah. This worship is made compulsory to all Muslims whatever their status and conditions. However, Allah the All Mighty is the Most Compassionate to His follower did not obliged Muslim some obligation which is beyond their capacity. Islamic law stated numbers of condition applied when falls under category of trouble, difficulties or emergency. For example: a sick person, a traveller, in the war zone, above the plane and so on. The Shari’ah rules easier ways in such conditions in order not to be a burden to Muslim.39 Why then Muslim prefer to be so strict to themselves when the All Mighty Allah, the Owner of universe, the Initiator of the Shari’ah being moderate and ease on His servants? In addition regarding Solah as well, Allah through His prophet put certain time length for this worship which is full of wisdom for the Muslim. The practice of Solah is purely based on the companion observation to the way of Prophet Muhammad, as the following hadith mentions, “Pray as you have seen me praying”.40 There was a moment when the companion came to the Prophet asking about the time frame of daily prayer. The Prophet did not reply at that moment, instead he started his day by performing the five daily prayers on the next day at the earliest time respectively. In the following day, however, the Prophet carried out the prayers at the end of its permissible time. Only then he replied to the person who asked the question, “the prayer times are in between those time scale” by giving examples of committing the prayer both at an early and end of permissible time.41 The flexible proportion in the time frame for performing daily prayer was a clear sign of moderate and tolerance elements in worship practices. Though Islamic teachings urge Muslims to perform prayer at earliest time and yet consider the constraints that they might have. It shows that Islam is all about Allah’s blessing and mercy and Islamic teaching is compassionate to all human being. Muslims are advised to balance their spiritual and material concerns by focusing on religious duties and paying attention to worldly affairs. Even in the area of performing good deeds and religious duties, they are encouraged to pursue moderation. Muslims are encouraged to give charity but also reminded not to squander their wealth to those who will waste it. For Muslims, the Sunnah is the living example of how the Prophet implemented the Qur’anic instructions. Most of them believe that his specific words, actions and practices further endorse the fact that Islam frowns upon any extremism of fanaticism. On numerous occasions, Prophet Muhammad stressed that religion should be a matter of ease as opposed to one of hardship and extremism. The Prophet said, “Make things easy for the people and do not make it difficult for them, and make them calms (with 37
Ibid., 166. Surah al-Nisa’: 103. 39 Majdi Muhammad Surur Basalum (2004), Al-Wasatiyyah fi al-Fikr al-Islami, Beirut: Daar al-Kutub al-Ilmiyyah, 1st ed, 113-114. 40 Al-Bukhari (2010), Sahih al-Bukhari, the Book of al-Azan, Beirut: Dar al-Ma’rifah, vol. 8, 91. 41 Majdi Muhammad Surur Basalum (2004), Op.cit, 115. 38
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glad tidings) and do not repulse (them).”42 The Prophet was also narrated to always choose the easier of two matters when he was given the choice.43 A prominent Muslim Scholar, Yusuf al-Qaradawi has stated seven necessary changes that Islamic movements and activists should undergo to counter the militant or extremist tendencies among the youth and religious groups: 1. Changing from form and outer appearance to reality and substance. Al-Qaradawi states that the substance of Islam is not about growing the beard and lengthening it, shortening the robe, carrying the miswak, joining one’s foot with other’s foot in prayer, placing the hands on the chest or above the navel and so on. He further explained that the substance of Islam as an ‘aqidah is tawhid, that of ibadah is sincerity, that of mu’amalah is truthfulness, that of khulq is mercy, that of tashri (legislation) is justice, that of ‘amal is perfection, that of adab is spiritual consciousness, that of human bonds is brotherhood and that of civilization is balance. 2. From talking and bickering to giving and doing. Muslims have to overcome several negative habits such as looking for the mistakes of others instead of self-criticism. 3. From sentimental (‘aifiyyah) and demagogic attitude (ghawgha’iyyah) to a rational and scientific attitude. “…and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just, that is next to piety”.44 4. Change from preoccupation with the subsidiary and periphery to the primary and fundamental. The preoccupation with subsidiary, optional and minor matters of religion runs the risk of contravening the Qur’anic and Prophetic methods, sidelining the bigger and more urgent matters. 5. Change from bigotry (al-ta’asub) and exclusivism (al-istithna’) to forbearance (al-tasamuh) and inclusivism (al-tashmil). Fanaticism and bigotry are not part of Islam. An absolutist fanatical attitude towards a group, regardless if the group is right or wrong, is a jahiliyyah characteristic condemned by the Prophet. 6. Change from violence and rancour to gentleness and compassion The main attributes of da’wah is gentleness and proven to be effective for the Islamic propagation.45 At this juncture, it is clear that wasatiyyah plays a constructive role in changing an individual’s perception, observance and commitment to his faith, community and oneself. The application of wasatiyyah has proven to have a positive correlation with the prominence and observance of Islamic teachings. Moderation from the Malay World Muslim communities in Southeast Asia or more specifically in Malay-Indonesia sphere are, relatively speaking, among the most tolerant and accommodative Muslim communities in the world, despite the Western media’s tendency to sensationalize or exaggerate news about the incidents of Muslim violence or militant attacks. If there are exceptions, as in the case of the Moro 42
Al-Bukhari (2010), Sahih al-Bukhari, the Book of al-Adab, chapter “The Statement of the Prophet ‘Facilitate Things for the People and Do Not Make Thing Difficults for Them, Beirut: Dar al-Ma’rifah, vol. 8, 91. 43 Al-Bukhari (2010), Op.cit, 92. 44 Surah al-Maidah (5): 8. 45 Yusuf al-Qaradawy (2002), Al-Sahwa al-Islamiyyah min al-Murttaqah ila al-Rushd, Cairo: Dar al-Shuruq, 50-52.
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in Mindanao, in Southern Philippines, the Patani Malays of Southern Thailand, or the Acehnese Indonesians in Indonesia, these are due to the long bitter history of injustice or oppression by their central governments, or aggressive Christian evangelization in Muslim dominant areas, or the infiltration by external militant elements who do not represent the wishes and aspirations of the masses of the elites.46 In the Malay-Indonesian world, the Muslims have lived together with non-Muslim minorities of various ethnic groups for a very long time. They have learned to coexist harmoniously with others. They have also accepted the democratic political system adapted to local conditions, in which Islam is allowed to play an important cultural and political role within the framework of the national constitution and national ideologies. It should be pointed out that the idea and practice of sharing political power between Muslims and non-Muslims is the hallmark of the Muslim community of Malaysia and Indonesia, while this would be seen as fiction and impossible in several Middle Eastern countries. According to Hussin Mutallib, Malaysia exemplifies the phenomenon of social and cultural pluralism. This diversity extends beyond the simple ethnic composition of the population. It includes differences in religion, attire, food and eating habits, attitude and social customs. 47 The population in Malaysia is just over 28 million as of the 2010 census. As far as the religious breakdown of the society is concerned, 61.3% of the population identified themselves as Muslims, 19.8% as Buddhist, 9,2% as Christians, 6.3% as Hinduism, and 1.3% practice Confucianism, Taoism and other traditional Chinese religion.48 Religion is a key aspect of ethnic identity and solidarity in Malaysia. Accordingly, individuals of Malay ethnicity are automatically identified as Muslims, regardless of whether they are practicing or not. Ethnic Chinese are largely Buddhist and ethnic Indians are primarily Hindu although there are significant numbers of Indian Christians, Muslim and Sikhs. It should be stated that Malaysia is not an Islamic state, however it is also not a secular state. According to the 1957 Constitution of Independence or Merdeka, “Islam is the religion of the Federation” and the Sultans are the Head of religion in their respective states.49Although Islam is the official religion of the Malaysian Federation, Article 11(1) of the Malaysian Federal Constitution guarantees all citizens the freedom to profess and practice his or her own faith, as well as the right to propagate this faith.50 The difficulty of governing and accommodating such a diverse ethnic, religious, linguistic population cannot be underestimated. The leadership of Malaysia recognize the need of all groups to work together and also acknowledging the great sensitivities involved. The values of social integration, pragmatic approach, harmony, cohesion and religious freedom are to be inculcated among all members of society. Malaysians are continuously urged to understand, tolerate and respect each other. In 1980, in a speech to the nation to mark his fiftieth birthday, the Sultan Iskandar ibn Sultan Ismail stressed the need for Muslims to uphold the principles of solidarity, tolerance and sensible actions, which he argued were the essential traits of a decent community, 46
M. Kamal Hassan (2015), The Concept of Wasatiyyah and the Place of Islamic Moderation, Kuala Lumpur: IIUM Press, 19-20. 47 Hussin Mutalib (1990), Islam and Ethnicity in Malay Politics, Singapore: Oxford University Press, 26. 48 “Population Distribution and Basic Demographic Characteristics”, Department of Statistics, Malaysia. p. 82.
, retrieved: 4 October 2011. 49 Fred R. Van Der Mehden (1986), Religion and Modernization in Southeast Asia, Syracuse: Syracuse University Press, 191. 50 Ahmad F. Yousif (2011), Op.cit, 57.
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living in multi-racial and multi-religious country like Malaysia.51 The then Prime Minister, Mahathir is also strong advocate of such values. At the “Conference on Islam and Tolerance” in 1994, he asserted: “It should be understood that even the Qur’an had made it clear that there was no compulsion in religion and that Muslims were required to have good ties with nonMuslims who did not develop animosity towards them. If all Muslims know and understand the teaching of Islam from the Qur’an, and sunnah, from books and history, not only will their ties with non-Muslims improve, but also non-Muslims will really understand the teaching and principles of Islam. With this, it will improve the Islamic tolerance in relation to all parties”.52 In the same way, the then Deputy Prime Minister of Malaysia, Anwar Ibrahim has frequently stressed the need for tolerance and respect. He has been quoted as saying: “As Muslims and as Southeast Asians, we cherish this heritage of cultural and religious diversity. This living together would not be possible without mutual tolerance or respect and being moderate in the conduct of our affairs”.53 Along with the constitutional guarantees and political support for an idea of religious tolerance, the non-Muslims have enjoyed the luxury of freedom in their religious practice in Malaysia. The Information Malaysia Yearbook estimates that there are more than 3500 Buddhist temples, societies and organizations located in all major cities and towns throughout the country.54 Many temples hold weekly programmes such as Dhamma (good conduct or moral instruction), talks, meditation, language and public speaking classes, Buddhism courses, seminar camps and religious talks. Large statue of the Buddha can be located in several states in Malaysia.55 As for the Hinduism, there are approximately 350 major temples across the country and more than 5000 minor temples or shrines located in the countryside, villages, palm oil estates, etc. Deepavali and Thaipusam are two big festival of Hinduism which granted public holiday from the government. The Sri Maha Mariamman Temple is the oldest, most prestigious and affluent Hindu temple in Malaysia. Located in edge of Kuala Lumpur, this temple is a home for great huge statue of Lord Murugan the Hindu deity.56 Malaysia has chosen to apply for the principle of moderation to ensure the sustainability of their interreligious harmony for many years. It is proven to be effective especially for the nonMuslims who enjoy significantly prosperous life which hard to find elsewhere. Malaysian authority acts promptly toward any possible element to destruct this harmony. Nevertheless, as mentioned earlier, the difficulties of governing such multi ethnic, multi religions community is so challenging. Malaysian people are so sensitive and easily relate problems arise to ethnicity. The situation worsens with the current political status who displays sensitivity among Chinese and Indians. The opposition need to form a collaboration with Chinese parties to win the election and the 51
Hussin Mutalib (1990), Op.cit, 148. Ibid., 63. 53 Alex Choong (1996), “Anwar: Islam’s Pragmatic Approach Necessary to Realise Societal Ideals: Taking the Middle Path to Solving Problems”, in New Straits Times. March 6, 1-2. 54 Abdul Rahim Ismail and Hashim Hj. Md. Isa, (1995), Information Malaysia Yearbook, Kuala Lumpur: Berita Publishing Sdn. Bhd., 13. 55 Ahmad F. Yousif (2011), Op.cit, 69. 56 Ibid., 116. 52
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collaboration proven to be effective, however many elements from the Islamic Parties were being inconvenience to have a strategic partnership with non-Muslims. This scenario could be intentionally triggered as we aware that everything is possible in politics, which is so unfortunate. Several cases of religious intolerance were recorded and being escalates. While preparing this paper (April 2016), an incident related to religious tolerance took place in Malaysia which is quite interesting to observe. One NGO group in Malaysia has invited a prominent scholar Dr. Zakir Naik to give series of lectures throughout Malaysia during 12-18 April 2016. Dr. Zakir arrived safely at Terengganu and started his lecture and no riots nor chaos recorded. In the mean time, a group of Hindu’s and Christian NGOs made a police report mentioning that Dr. Zakir’s visit will cause for a chaos because of his provocative lecture. The Head of Malaysian Police supported soon after issued a statement that “such program (Dr. Zakir’s lecture) brings no good and will endanger the harmony of religion in Malaya, therefore should be cancelled”. This called for many responses from many religious experts and authorities and finally this Head of Police withdrawn his statement and allow the program to be held again. Apparently, being tolerance for many years as a majority Muslims sometimes could not affect the non-Muslim to behave the same as a return to the favour. It is an irony when Dr. Zakir who came from India as the biggest Hinduism land and did not receive a rejection from Hindus in their main land but were questioned by Hindu minorities in the majority Muslim land, i.e., Malaysia. The government seems to be very careful at handling the issue. Human life is full of suffering in one way or the other because the world itself is the source of human suffering. Therefore, one has to learn to regard conflict as part of the tribulations one has to face in worldly life, thereby acquiring the serenity and the mindfulness needed to avoid the negative effects of conflicts. However, the inferior thinking a person nurtures emotional reactions which, in the end, results in harmful consequences to himself or herself as well as to others.57 The differences of our colours and languages are also part of the beauty of creation. People might opt to choose the best and destroy all the rest, after a while you would just see the same thing everywhere and the monotony would make you feel sick. How then would you recognize its beauty? Beauty lies in variety. To be beautiful is to interact, for if we are all similar, there would be no necessity to interact, no curiosity there. We are asked to be good with our neighbours and the Qur’an doesn’t differentiate between Muslims and non-Muslims in this regard. Similarly, to behave in the best ways with our relatives, our parents, with love, compassion and moderation, to do the right thing always, that is the essence of wasatiyyah.58
Conclusion Islam is a religion of peace and moderation, which encourages Muslims to avoid extravagance and excess. The Qur’an addresses the Muslim community as an ummah that is ‘justly balance’. Muslims, whether in Malaysia or elsewhere, have been advised to live their entire life balancing spiritual and materialistic affairs. While they must focus on religious duties, they are also warned not to neglect worldly affairs. Even when it comes to performing good deeds, Muslims are
57
M. Kamal Hassan (2011), Op.cit, 36. Abdul Hamid Ahmad Abu Sulayman (2015), The Application of Wasatiyyah in the Contemporary Muslim World, Kuala Lumpur: IIUM Press, 46. 58
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encouraged to pursue a path of moderation. The sunnah of the Prophet Muhammad is the living example of the Qur’an and reflects our Islamic identity. The Prophet Muhammad on numerous occasions stressed the fact that religion should be a matter of ease and not hardship for the people. Islam urges the application of wasatiyyah in the Muslim’s daily life and interaction to the other fellow Muslim and non-Muslim. Muslims are asked to be good with their neighbours and the Qur’an doesn’t differentiate between Muslims and non-Muslims in this regard. In today’s plural world and social media control, being extremist is not a wise option and could negatively portrayed Islamic image to the world. Religious tolerance has been a hundred years of practice within the Muslim society and proven to be very much effective. The failure of certain group or people in today’s world to understand the beauty of the concept is not the failure of Islam. The failure is primarily due to one’s neglected of the Islamic civilisation historical fact. The complexity of religious life in the modern world can be seen through all religions and not only Islam. The problem always lies between being excessive or too liberal in the religious practices and dogma. All civilizations will fall when they misunderstood freedom. Freedom goes with wasatiyyah and with the right approach to mankind, for the sake of his well-being. If freedom is a right, it belongs to the positive qualities and virtues, and if it is deprived from human’s nature, then it is not the standard of practise. Same marriage sex for example, is a kind of freedom that is unnatural and cause chaos to human’s descendant. Qur’an has made it very clear, people of the Prophet Lut when they misbehaved, Fir’aun when played role as God himself, they were demolished. And Muslim civilisation too, fell when their leaders were drunk and racists. In short, adopting the principle of wasatiyyah will ensure a lengthy time of prosperous, balance, and tolerance that sustain harmonious bonding in plural society, and therefore should be practiced by Muslim and non-Muslim as a whole. After all, we are living in the same earth with similar dream to have a sustainable interreligious harmony amongst world community.
BIBLIOGRAPHY Al-Qur’an al-Karim Abu Sulayman, Abdul Hamid Ahmad. (2015). The Application of Wasatiyyah in the Contemporary Muslim World. Kuala Lumpur: IIUM Press. Alhabshi, Syed Othman. Haji Othman, Faisal. (1994). “Principles of Tolerance in Islam and the Historical Practices”, in Islam and Tolerance. Kuala Lumpur: Institute of Islamic Understanding Malaysia (IKIM). Asad, Muhammad. The Message of the Qur’an. London: Dar Andalus. Al-Baghawi, Abu Muhammad. (1997). Ma’alim al-Tanzil fi Tafsir al-Qur’an. Dar Tayyibah li alNashr wa al-Tawzi. Basalum, Majdi Muhammad Surur. (2004). Al-Wasatiyyah fi al-Fikr al-Islami. Beyrut: Daar alKutub al-Ilmiyyah. 338
Al-Bukhari. (2010). Sahih al—Bukhari. Beirut: Dar al-Ma’rifah. Choong, Alex. (1996). “Anwar: Islam’s Pragmatic Approach Necessary to Realise Societal Ideals: Taking the Middle Path to Solving Problems”, in New Straits Times. Davison, Roderic H.(1990). “Essays in Ottoman and Turkish History, 1774-1923”, in The Impact of the West. Texas: Saqi Books. Faris, Abu al-Husayn. (1999). Mu’jam Maqayis al-Lughoh. Beirut: Daar al-Kutub al-Ilmiyyah. Al-Faruqi, Ismail R. (1979). “Rights of Non-Muslims Under Islam: Social and Cultural Aspects”, in Journal Institute of Muslim Minority Affairs, Vol 1:1. Hassan, M. Kamal. (2011). Voice of Islamic Moderation from the Malay World. Selangor: IIUM Printing Sdn. Bhd. Hassan, M. Kamal. (2015). The Concept of Wasatiyyah and the Place of Islamic Moderation. IIUM Press: International Islamic University Malaysia. Hood, Ralph W., P. C. Hill, and W. P. Williamson. (2005). The Psychology of Religious Fundamentalism. New York: The Guilford Press. Ibn Kathir, Abi al-Fidaa Ismail. (1997). Tafsir al-Qur’an al-‘Adzim. Beyrut: Dar Ihya Turats al‘Araby. Ismail, Abdul Rahim. Md. Isa, Hashim. (1995). eds. Information Malaysia Yearbook. Kuala Lumpur: Berita Publishing Sdn. Bhd. Lewis, Bernard. (1993). Islam and the West. New York: Oxford University Press. Md. Zin, Abdullah. (2012). Pendekatan Wasatiyyah dalam Menghayati 1Malaysia. Kuala Lumpur: MPH Group Printing. Mutalib, Hussin. (1990). Islam and Ethnicity in Malay Politics. Singapore: Ocford University Press. Al-Qaradawi, Yusuf. Al-Khasais al-Aammah lil Islam. Cairo: Maktabah Wahbah. Al-Qaradawy, Yusuf. (2002). Al-Sahwa al-Islamiyyah min al-Murttaqah ila al-Rushd. Cairo: Dar al-Shurq.
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Rahman, Fazlur. (1986). “Non-Muslim Minorities in an Islamic State”, in Journal Institute of Muslim Minority Affairs. Vol. VII (7), No. 1. Al-Razi, Abul Fadl Muhammad. Al-Tafsir al-Kabir. Beirut: Dar al-Fikr. Al-Tabari, Muhammad ibn Jarir. (2000). Jami’ al-Bayan fi Ta’wil al-Qur’an, ed. Muhammad Shakir. Muassasat al-Risalah. Van Der Mehden, Fred R. (1986). Religion and Modernization in Southeast Asia. Syracuse: Syracuse University Press. Yousif, Ahmad F. (1998). Religious Freedom, Minorities and Islam: an Inquiry into the Malaysian Experience. Selangor: Thinker’s Library Sdn Bhd. Yousif, Ahmad F. (2012). “Fundamentalism and Fanaticism: A Comparative Analysis,” in Religious Studies and Theology 30, no. 1.
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Islam in the Minds and Hearts of the “Coolest Generation”: Malay Muslim Youth on the Da’wa Scene Dr Eva Nisa Religious Studies, Victoria University of Wellington
[email protected] In various Muslim majority countries, Muslim youth have developed a greater public presence, particularly on the da’wa (proselytisation) scene. Malaysia is not immune from such a trend. The Malaysian public sphere has been surrounded by diverse voices and layers of Islamic understandings in which Malay Muslim youth have been the backbone. Drawing on ethnographic research conducted between 2015-2016, this paper examines the expressions of Islam by urban Malay Muslims, in particular the role of Muslim youth in colouring the dynamics of the urban da’wa stage in Malaysia. It analyses how youth in Malaysia try to make sense of their identities, being young Muslims in the contemporary globalised world. This paper argues that Malaysian Muslim youth are active and vital agents in the development and spreading of Islamic understandings known by their suffixes, ranging from moderate Islam—including the stream of Sufi orders—conservative Islam to liberal Islam. The zeal of Muslim youth has been captured by elites in diverse Muslim groups, including people in da’wa based business, which has led to the incorporation of youthful “taste” and youth culture within their agenda in order to cater to and channel the minds and hearts of the “coolest generation” to become a part of their da’wa movements.
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PENTAKSIRAN NAFKAH ANAK BERASASKAN KRITERIA KIFAYAH DAN MA’RUF: KAJIAN KES DI MALAYSIA Bahiyah binti Ahmad1, Mazni Abd Wahab2, Raihanah Azahari3 dan Asmak Ab Rahman4 Abstrak Nafkah yang mencukupi dan baik adalah penting bagi keperluan kehidupan isteri dan anak-anak. Ia adalah jaminan kemakmuran bagi sebuah rumahtangga yang dibina. Syarak menetapkan dua kriteria yang perlu dipenuhi apabila menetapkan kadar nafkah kepada isteri dan anak iaitu kriteria kifayah dan ma’ruf. Walau bagaimanapun, penentuan kriteria-kriteria tersebut memerlukan penilaian semasa kerana ia dipengaruhi oleh ’urf dan sosioekonomi masyarakat di sesuatu tempat. Akta Undang-Undang Keluarga Islam (Wilayah Persekutuan) 1984 dan Enakmen Undang-Undang Keluarga Islam (Negeri Selangor) 2003 telah memperuntukkan suatu akta bahawa nafkah isteri dan anak perlu ditaksirkan mengikut kemampuan dan keperluan pihak-pihak tertentu. Walau bagaimanapun, peruntukan ini terlalu umum dan tiada penerangan yang jelas mengenai maksud kemampuan dan keperluan pihak-pihak tersebut. Hal ini menimbulkan ketidakpuasan hati sesetengah pihak terhadap keputusan penghakiman disebabkan hakim menggunakan budi bicaranya dalam menterjemahkan akta yang sedia ada. Justeru, kajian ini bertujuan untuk mengemukakan satu standard pentaksiran nafkah yang menepati kriteria kifayah dan ma’ruf yang dapat dipraktiskan dalam amalan kehakiman syariah di Malaysia. Melalui kaedah analisis kandungan terhadap kitab-kitab berautoriti syariah, laporan kes-kes pentaksiran nafkah dan temu bual mendalam dengan para responden yang terdiri daripada kumpulan hakim dan kumpulan ibu, kajian ini telah berjaya mengenal pasti kaedah pentaksiran nafkah yang lebih praktikal. Antara hasil kajian tertumpu kepada kriteria ma’ruf yang menuntut penelitian terhadap latar belakang sosioekonomi dan kemampuan tertinggi pembiaya. Dalam kriteria ma’ruf, aspek al-hajjah, iaitu adakah anak benar-benar memerlukan nafkah merupakan kriteria tambahan dalam pentaksiran nafkah anak. Kriteria kifayah pula menuntut pentaksiran nafkah memenuhi keperluan isteri dan anak tanpa mengurangi kifayah adna atau keperluan minimum mereka. Kaedah penentuan kadar nafkah semasa, kadar nafkah kifayah adna, serta item-item semasa nafkah telah turut dikenal pasti sebagai panduan pentaksiran nafkah yang lebih pragmatik.
1. Pendahuluan Akta Undang-Undang Keluarga Islam (Wilayah Persekutuan) 1984 telah memperuntukkan bahawa nafkah isteri dan anak perlu ditaksir mengikut kemampuan dan keperluan pihak-pihak.5 Namun, tiada penerangan atau pendetailan dalam mana-mana manual mahupun arahan amalan yang diguna pakai oleh hakim menerangkan mengenai apakah garis ukur kepada kemampuan dan keperluan pihak-pihak tersebut.6 Disebabkan peruntukkan yang umum dan tiada perincian mengenainya, hakim-hakim telah menggunakan budi bicara mereka sendiri dalam mentafsirkan peruntukan pentaksiran nafkah yang dikanunkan mengikut kaedah dan pemahaman masing-masing. Dalam kes Faridah Daud dan 1
Pensyarah Kanan, Jabatan Fiqh Usul, Akademi Pengajian Islam, Universiti Malaya, email:
[email protected], telefon 03-79676246 2 Pensyarah Kanan, Jabatan Syariah dan Undang-Undang, Akademi Pengajian Islam, Universiti Malaya, email:
[email protected] 3 Prof. Madya, Jabatan Fiqh Usul, Akademi Pengajian Islam, Universiti Malaya, email:
[email protected] 4 Pensyarah Kanan, Jabatan Syariah dan Ekonomi, Akademi Pengajian Islam, Universiti Malaya, email:
[email protected]. 5
Lihat Akta Undang-Undang Keluarga Islam Wilayah Persekutuan 1984: Seksyen 61: Pentaksiran Nafkah,
http://www2.esyariah.gov.my/esyariah/mal/portalv1/enakmen/Federal_Original.nsf/b3ac9c218c8efdc4 482568310022d8b3/d441586f0bd6767348256cef00297264?OpenDocument. 6
Hal ini dipastikan sendiri oleh kajian projek sebelum ini dalam temu bual bersama hakim pada Ogos-Disember 2012.
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seorang lagi lwn. Mohd Firdaus Abdullah @ Jettle Francis,7 plaintif telah menuntut hadanah anak dan tuntutan nafkah anak sebanyak RM150 seorang. Dalam penghakiman bertulis hakim, hanya hak hadanah sahaja dilihat dibahaskan secara mendalam dan terperinci, sementara tiada alasan penghakiman dibuat mengenai kadar nafkah anak yang dituntut. Hakim seterusnya memutuskan kadar nafkah anak adalah sebanyak RM100 sahaja setiap seorang tanpa dinyatakan sebab kadar tersebut diputuskan. Di peringkat antarabangsa, pentaksiran dalam kes nafkah anak yang diistilahkan sebagai ‘Child Support’ lebih terkehadapan. Ini dapat dilihat dalam polisi dan amalan perundangan 34 negaranegara Pertubuhan Kerjasama dan Pembangunan Ekonomi (OECD)8 seperti United States of America, Australia, United Kingdom, Norway dan Canada.9 Misalnya di Wisconsin, Amerika10 Child Support ditekankan dalam pentaksiran berbentuk peratusan, iaitu Percentage Expresses Order (PEO). PEO ialah pemotongan peratusan, sebelum ditolak dengan apa-apa cukai atau potongan, daripada pendapatan kasar ibu atau bapa yang tidak tinggal bersama anak yang dibiaya dan juga berdasarkan bilangan anak. Pemotongan yang dibuat adalah; 17%, 25% , 29%, 31% dan 34% bagi seorang, 2, 3 4 dan 5 orang anak ke atas masing-masing. Ia berbeza dengan pendekatan sebelum ini malah lebih baik sehingga meningkatkan jumlah pembayaran kerana sebelum tahun 1987, kaedah pentaksiran adalah berdasarkan jumlah tetap (fix order) yang diputuskan oleh mahkamah.11 Tidak terhenti di situ, terdapat juga kajian-kajian yang membincangkan mengenai impak negatif perlaksanaan Child Support terutama ke atas pembiaya Child Support tersebut. Misalnya Waller dan Plotnick mendapati kebanyakan ibu bapa membuat sendiri perjanjian pembiayaan anak-anak mereka kerana mempercayai bahawa Child Support tidak adil dalam membiayai anak-anak mereka. Ini disebabkan agensi Child Support mempunyai hak terhadap wang yang dibayar kepada anak-anak tersebut. Agensi Child Support juga dilihat berlebihan dalam menggunakan kuasa mereka serta kadar nafkah yang dikenakan ke atas pembiaya adalah tinggi tanpa menimbangkan keadaan pendapatan pembiaya. Antara yang dirasakan oleh pembiaya lagi adalah kegagalan mereka membayar amaun yang dikenakan dianggap sebagai penjenayah oleh agensi Child Support serta turut diancam dengan hukuman penjara.
7
Jurnal Hukum; XV; BHG (I), (Putrajaya: Jabatan Kemajuan Islam Malaysia, 2002), 25-46.
8
Development (OECD) http://www.oecd.org/els/family/oecdfamilydatabasethefamilysupportcalculator.htm dicapai pada 12 November 2014.
9
Ibid. Meyer, Daniel R;Bartfeld, Judi;Garfinkel, Irwin;Brown, Patricia, Child support reform: Lessons from Wisconsin, Family Relations; Jan 1996; 45, 1; ProQuest Education Journals, 11.
10
11
The
Organization
For
Economic
Co-Operation
And
Bartfeld, Judi; Garfinkel, Irwin, The impact of percentage-expressed child support orders on payments, The Journal of Human Resources; Fall 1996; 31, 4; ProQuest Education Journals, 794.
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Di Malaysia, polisi yang hampir sama dengan program Child Support seperti negara-negara di atas dilaksanakan oleh Bahagian Sokongan Keluarga (BSK), iaitu satu unit di bawah Jabatan Kehakiman Syariah Malaysia (JKSM).12 Unit ini ditubuhkan secara rasmi pada 22 Oktober 2008 bagi menyediakan platform kepada para ibu tunggal yang ditinggalkan atau diceraikan bagi mendapatkan nafkah sementara bagi diri dan anak-anak apabila pembiaya nafkah mengabaikan perintah nafkah yang telah dikeluarkan oleh mahkamah. Bantuan ini diberikan dalam bentuk hutang dan pembiaya nafkah (suami) perlu menjelaskan semula hutang nafkah tersebut kepada pihak BSK. Walaubagaimana pun BSK tidak mempraktiskan kaedah tertentu dalam penetapan kadar nafkah isteri dan anak yang dipohon.13 Jumlah nafkah yang diberikan hanyalah berdasarkan kepada keputusan perbicaraan hakim yang diputuskan di mahkamah.14 Justeru, tiada kaedah khusus yang digunakan oleh BSK dalam menentukan kadar nafkah isteri mahupun anak di Malaysia berbanding negara-negara OECD yang menguatkuasakan polisi dan formula pentaksiran khas dalam sistem Child Support mereka.15 2. Penentuan ma’ruf dan kifayah dalam penentuan nafkah anak mengikut hukum Syarak: Penentuan kriteria kifayah dan ma’ruf dalam nafkah anak adalah berdasarkan hadis Hindun binti Utbah dan beberapa dalil-dalil nas syarak yang lain. Dalam hadis Hindun, beliau telah mengadu kepada Rasulullah SAW bahawa suaminya AbË SufyÉn bersikap kedekut dengan tidak memberi nafkah yang cukup kepadanya dan anaknya, maka Rasullullah SAW telah memberi kebenaran kepada Hindun untuk mengambil sendiri nafkah bagi diri dan anaknya daripada harta suaminya sehingga cukup (kifayah) dan ma’ruf. Ini berdasarkan sebuah hadis sahih yang direkodkan dalam Sahih al-BukhÉrÊ dan Muslim:16 Terjemahan: Daripada Ó´isyah radiya Allah Ñanha, beliau telah berkata, telah berkata Hindun, isteri kepada AbË SufyÉn kepada Nabi SAW, bahawa sesungguhnya AbË SufyÉn itu seorang yang bakhil. Dia tidak memberi kepada aku apa yang cukup bagiku dan untuk anakku, kecuali aku mengambil senyap-
12
Bahagian Sokongan Keluarga (BSK), Jabatan Kehakiman Syariah Malaysia, http://www.jksm.gov.my/jksmv2/index.php?option=com_content&view=article&id=152%3Abahagiansokongan-keluarga&catid=59%3Absk&Itemid=146, dicapai pada 13 Oktober 2012. 13 Dr. Mohd. Na’im Haji Mokhtar, Pengarah Bahagian Sokongan Keluarga di Jabatan Kehakiman Syariah Malaysia, dalam temu bual dengan pengkaji melalui talian telefon pada 21 Oktober 2012. Beliau sekarang adalah YAA Dr. Mohd. Na’im Haji Mokhtar, Ketua Hakim Syarie, JKSM Selangor. 14 Ibid. 15 Hal ini telah disahkan oleh mantan pengarah BSK iaitu YAA Dr. Mohd. Na’im Haji Mokhtar yang merupakan Ketua Hakim Syarie, JKSM Selangor pada masa sekarang dalam dalam temu bual dengan pengkaji melalui talian telefon pada 21 Oktober 2012 dan Pn. Fauziah binti Abdullah, Penolong Pegawai Syariah, Bhgn. Sokongan Keluarga, dalam temu bual dengan pengkaji melalui talian telefon pada 23 Jun 2015. 16 Hadis riwayat al-BukhÉrÊ, Kitab al-NafaqÉt, Bab Khidmah al-Rajul fi AhlihÊ, no. hadis: 5049, dan Muslim, Kitab al-ÑAqÌiyah, Bab Qadiyyah Hindun, no. hadis 1714, Lihat MuÍammad bin IsmÉÑÊl, AbË ÑAbd AllÉh alBukhÉrÊ, “ØaÍÊÍ al-BukhÉrÊ,” dalam al-JÉmiÑ al-ØaÍÊÍ al-MukhtaÎar, ed. MuÎÏafÉ DÊb al-BughÉ, c.3, (Beirut: DÉr Ibn KathÊr, 1987), 5:2052, dan Muslim bin ×ajjÉj AbË al-×ussain al-QusyairÊ al-NaisÉbËrÊ, “ØaÍÊÍ Muslim,” ed. MuÍammad Fu´ad ÑAbd al-BÉqÊ, (Beirut: DÉr IÍyÉ´ al-TurÉth al-ÑArabÊ, t.t), 3:1338.
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senyap daripadanya tanpa pengetahuannya. Berkata Rasulullah SAW, ambillah apa yang kifayah (cukup) bagimu dan anakmu secara yang ma’ruf. Berasaskan hadis di atas menunjukkan nafkah perlu diberikan secara cukup dan baik yang diistilahkan dalam bahasa asalnya sebagai kifayah dan ma’ruf. Dua syarat ini perlu menjadi kriteria kepada pembiaya nafkah apabila memberikan nafkah kepada pihak-pihak yang berhak. Dua kriteria berkenaan juga boleh ditemui dalam nas-nas syarak yang lain yang berkaitan dengan pemberian nafkah antaranya daripada surah al-baqarah 2:233 dan surah al-Talaq 65:7 dan juga beberapa hadis yang lain antaranya hadis hujjatul wada’: Daripada JÉbir bahawa Rasulullah SAW telah bersabda pada hadis haji terakhir, dengan pesanan yang panjang mengenai wanita, iaitu “(kewajipan kamu atas mereka (isteri-isteri) adalah memberikan nafkah kepada mereka dan pakaian mereka secara ma’ruf.”17 Hasil penelitian terhadap maksud kalimah ma’ruf yang digariskan syarak dalam pemberian nafkah anak, terdapat empat elemen yang perlu dicermati apabila kadar nafkah anak ditentukan terutamanya apabila melibatkan keputusan perintah nafkah anak. Pertama ialah sosioekonomi pembiaya misalnya seperti pendapatan bapa. Kedua kemampuan tertinggi pembiaya atau bapa dalam mengusahakan dan memberikan nafkah kepada anak. Ketiga, kadar tersebut bersesuaian dengan amalan masyarakat atau uruf. Keempat ialah nafkah anak adalah berdasarkan keperluan khusus anak tersebut iaitu hajat; sesuai dengan peringkat umur dan keperluannya. Aspek hajat menekankan keperluan sebenar seorang anak dalam nafkah lebih diutamakan berbanding dengan melihat sosio ekonomi bapa (pembiaya) sahaja seperti dalam nafkah isteri. Sementara kriteria kifayah atau kecukupan nafkah anak yang juga berdasarkan daripada hadis Hindun difahami bahawa pembiaya ataupun bapa mestilah sekurang-kurangnya memenuhi keperluan minima anak. Ini berdasarkan huraian ulama terhadap maksud kifayah dalam nafkah anak. Al-Juwaini misalnya menghuraikan kifayah bermaksud memberikan kadar dan keperluan nafkah sehingga boleh menguatkan badan anak tersebut dan menjauhkan anak tersebut dari kemudaratan pada waktu sekarang mahupun akan datang18 Jika dicermati, huraian ini sebenarnya terangkum dalam aspek nafkah makanan dan bukan makanan, seperti penempatan, pakaian, perubatan, pendidikan dan kemahiran-kemahiran kerana semua item-item ini menjadi keperluan penting yang menjaga anak tersebut daripada kemudaratan. Berdasarkan teori kecukupan nafkah oleh Abu Hanifah dan Muhammad yang meletakkan garis kecukupan minima nafkah isteri adalah dengan merujuk kepada amalan perbelanjaan oleh golongan yang miskin dalam masyarakat, maka nafkah anak juga boleh ditentukan kadar kecukupan minimanya dengan merujuk kepada perbelanjaan keperluan asas anak-anak dalam 17
Hadis riwayat Muslim, Kitab al-×Éj, Bab ×ujjah al-NabÊ SAW, no. Hadis 1218. Lihat Muslim, 2:890. Al-Juwaini, op.cit., j.15, h. 515. Al-Qur’an (Teks & Terjemahan), Mohamad Taufiq, Qur’an In Word Ver http://www.geocities.com/mtaufiq.rm/quran.html. 18
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1.3,
golongan miskin masyarakat. Justeru, seorang bapa tidak sepatutnya memberikan nafkah di bawah garis minima kecukupan ini, kerana ianya melanggar tahap kecukupan yang paling minima yang diperlukan oleh seorang manusia.
3. Tanggungjawab ahli waris untuk membiayai nafkah anak menurut Syarak dan perundangan di Malaysia Peruntukan undang-undang jelas menunjukkan bahawa bapa bertanggungjawab membiayai nafkah anak. Misalnya seksyen 73 Enakmen Undang-undang Keluarga Islam (Negeri Selangor) 2003 menyatakan bahawa:19 (1) Kecuali jika sesuatu perjanjian atau sesuatu perintah Mahkamah memperuntukkan selainnya, maka adalah menjadi kewajipan seseorang lelaki menanggung nafkah anaknya, sama ada anak itu berada dalam jagaannya atau dalam jagaan seseorang lain, sama ada dengan mengadakan bagi mereka tempat tinggal, pakaian, makanan, perubatan dan pelajaran sebagaimana yang munasabah memandang kepada kemampuan dan taraf kehidupannya atau dengan membayar kosnya. Ianya menjelaskan bahawa tanggungjawab bapa menyediakan nafkah anak seperti tempat tinggal, makanan, pakaian, perubatan, pelajaran dan sebagainya berdasarkan kepada kemampuan si bapa. Walau bagaimanapun kematian atau ketidak mampuan bapa tersebut menyebabkan tanggungjawab menyediakan nafkah sudah tidak ada lagi dan berubah. Tanggungjawab tersebut akan bertukar kepada ahli waris yang lain. Seksyen 73 (2) dan Seksyen 61, Enakmen Undangundang Keluarga Islam (Negeri Selangor) 2003 menerangkan hal tersebut: Seksyen 73 (2): (2) Kecuali seperti tersebut di atas, adalah menjadi kewajipan seseorang yang bertanggungan di bawah Hukum Syarak, supaya menanggung nafkah atau memberi sumbangan kepada nafkah kanak-kanak jika bapa kanakkanak itu telah mati atau tempat di mana bapanya berada tidak diketahui atau jika dan setakat mana bapanya tidak berupaya menanggung nafkah mereka. Seksyen 61: 19
Contoh negeri lain dinyatakan dalam Fasal 73, Enakmen Undang-Undang Keluarga Islam (Negeri Johor) 2003, Seksyen 73, Enakmen Keluarga Islam (Perak) 2004, Seksyen 73, Enakmen Undang-Undang Keluarga Islam (Negeri Pulau Pinang) 2004.
.
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Mahkamah boleh memerintahkan mana-mana orang yang bertanggungan tentang hal itu mengikut Hukum Syarak supaya membayar nafkah kepada seorang lain jika dia tak upaya, sepenuhnya atau sebahagiannya, dari mencari kehidupan oleh sebab kerosakan otak atau jasmani atau tidak sihat dan Mahkamah berpuas hati bahawa memandang kepada kemampuan orang yang pertama tersebut itu adalah munasabah memerintahkan sedemikian. Peruntukan yang sama dibuat oleh negeri-negeri yang lain yang boleh disifatkan sebagai peruntukan yang bersifat umum.20 Maka di sini Mahkamah Syariah berbidangkuasa untuk memerintahkan mana-mana orang yang bertanggungan menurut hukum Syarak membayar nafkah tersebut jika tuntutan dibuat.21 Siapakah yang dikatakan sebagai “orang yang bertanggungan” itu? “Orang yang bertanggungan” tersebut ialah datuk mereka (bapa kepada bapa) dan kemudian orang-orang yang selepasnya.22 Oleh itu seseorang ibu sebagai penjaga ad-litem (bagi pihak si anak) dibenarkan untuk membuat tuntutan nafkah anak kepada waris suami tersebut. Ini kerana peruntukan tersebut tidak menyebut secara jelas tentang adanya kematian si bapa untuk membolehkan tuntutan kepada ahli waris si bapa namun dapat difahami bahawa adanya hak untuk mendapatkan nafkah dari waris bapa seperti datuk dan sebagainya. Arahan Amalan Mahkamah Syariah bertajuk “Susunan Waris Yang Bertanggungan Membayar Nafkah” menyatakan:23 …berhubung dengan orang-orang yang bertanggungan mengikut Hukum Syarak yang boleh diperintahkan membayar nafkah bagi seseorang tertentu mengikut peruntukan Undang-undang Keluarga Islam Negerinegeri ialah waris-waris lelaki mengikut tertib `asobah dalam faraid. 2. Sekiranya waris-waris lelaki tiada atau tidak berupaya, Mahkamah boleh memperakukannya kepada Baitulmal untuk membayar nafkah tersebut. Arahan amalan tersebut menjelaskan maksud “orang yang bertanggungan” adalah ‘ahli waris’ sebagai mana yang diperuntukkan Syarak dan seperti juga yang dinyatakan dalam seksyen 61, Enakmen Undang-undang Keluarga Islam (Negeri Selangor) 2003. Ini bermakna waris-waris dari keluarga lelaki yang mempunyai hubungan darah dengan pihak yang mati dan tidak diselangi oleh perempuan iaitu bapa, bapa kepada bapa, anak lelaki atau anak lelaki kepada anak lelaki (cucu lelaki), saudara lelaki seibu sebapa dan saudara lelaki sebapa.24
20
Seksyen 60, Akta Undang-undang Keluarga Islam (Wilayah-wilayah Persekutuan) 1984 dan seksyen 61, Enakmen Undang-undang Keluarga Islam Pahang 2005 21 Nor Fadhilah Zakaria (2004), “Pelaksanaan Perintah Nafkah di Mahkamah Syariah Kuantan Dari tahun 1995-2000”, Tesis Sarjana Syariah, Jabatan Syariah dan Undang-undang, Akademi Pengajian Islam Universiti Malaya, 56. 22 Zaleha Kamarudin dan Raihanah Abdullah (2002), Kamus Istilah Undang-undang Keluarga Islam, Kuala Lumpur: Zebra Editions Sdn. Bhd., 110. 23 Arahan Amalan No. 14 Tahun 2007. 24 Zaleha Kamarudin dan Raihanah Abdullah, 9-10, Mohd Zamro Muda dan Mohd. Ridzuan Awang (2006), Undang-undang Pusaka Islam Perlaksanaan di Malaysia, Selangor: UKM, 25.
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Peruntukan di atas adalah selaras dengan hukum Syarak yang meletakkan tanggungjawab menyediakan nafkah adalah kepada ahli waris ketika ketiadaan bapa ataupun bapa yang tidak mampu. Menurut pandangan Mazhab Hanafiyyah, semua ahli usul yang masih hidup bertanggungjawab ketika kematian atau ketidakmampuan bapa. Mereka perlu mengeluarkan kadarnafkah mengikut kadar bahagian mereka dalam pewarisan.25 Manakala Mazhab Shafiiyyah berpendapat nafkah anak yang kematian bapa wajib ditanggung oleh ahli usul yang lelaki seperti datuk sebelah bapa atau datuk sebelah ibu. Sekiranya usul yang hidup kesemuanya perempuan maka tanggungjawab tersebut akan diberikan kepada perempuan yang terdekat dengan anak tersebut.26 Bagi Mazhab Hanbali pula, waris perlu menanggung nafkah anak yang telah ditinggalkan bapa buat selamanya. Kadar nafkah anak tersebut adalah berdasarkan pembahagian kadar ahli waris.27 Namun jika sekiranya anak tersebut tidak mempunyai waris, maka baitulmal28 berperanan untuk menanggungnya. Pihak pemerintah boleh memainkan peranan dan memastikan tanggungan nafkah anak-anak yang ketiadaan bapa dan ahli waris dibiayai oleh baitulmal yang mana ianya merupakan tempat terakhir untuk membantu mereka.29 Dengan ini kebajikan mereka akan terjamin dan melepaskan diri mereka daripada kesempitan hidup. Ia selaras dengan kehendak maqasid alsyariah dan objektif perlaksanaan kadar nafkah minima dalam nafkah anak. Justeru, perlaksanaan ini (kadar nafkah minima nafkah anak) yang bertujuan menjamin kadar nafkah anak yang paling asas adalah tidak mustahil dengan adanya tanggungjawab ahli waris yang sememangnya telah diperuntukkan oleh Syarak. 4. Pentaksiran nafkah anak di Mahkamah Syariah dan amalan semasa di Malaysia Pentaksiran nafkah anak di Mahkamah Syariah Temu bual secara mendalam ke atas sembilan orang hakim di mahkamah-mahkamah tinggi dan rendah syariah sekitar Selangor dan Kuala Lumpur mendapati bahawa para hakim memahami bahawa pentaksiran nafkah perlulah berdasarkan kepada kriteria kifayah dan ma’ruf seperti mana yang dibincangkan oleh fuqaha. Namun, dari sudut praktikaliti, didapati bahawa elemen kifayah, iaitu jaminan kecukupan asas, tidak jelas dalam amalan penghakiman para hakim. Dalam sesetengah kes, prosedur penghakiman mahkamah lebih diutamakan daripada menjaga keperluan asas pihak-pihak yang menuntut nafkah. Misalnya, dalam membuat pembuktian mengenai kadar yang diperlukan oleh pihak plaintif (isteri atau anak), pihak plaintif perlu mengemukakan bukti-bukti perbelanjaan harian dan bulanan yang menunjukkan tahap keperluan kewangan mereka seperti resit-resit perbelanjaan, bil-bil kebelakanagn dan sebagainya. Dalam Kementerian Wakaf dan Urusan Agama Kuwait (2006), “al-Mausu’ah al-Fiqhiyyah al-Kuwaitiyyah,” Kuwait, 41:80. 26 Ahmad bin Muhammad bin Hajr (t.t.), Tuhfat al-Muhtaj bi Syarhi al-Minhaj, Dar al-Ihya al-Turath al-‘Arabi, 352. 27 Kementerian Wakaf dan Urusan Agama Kuwait (2006), “al-Mausu’ah al-Fiqhiyyah al-Kuwaitiyyah,” Kuwait, 41:81. 28 Baitulmal dari segi bahasa bermaksud tempat untuk menjaga harta yang tertentu atau umum. Dari segi istilah pula bermaksud satu tempat yang berfungsi untuk menjaga harta-harta orang Islam daripada berpindah. Lihat dalam Syams al-Din Muhammad bin Ahmad bin ‘Arafat (t.t.), Hasyiyah al-Dusuqi, Dar Ihya al-Kutub al-‘Arabiyyah, 242. 29 Muhammad Amin (2003), Radd al-Muhtar ‘ala al-Dar al-Mukhtar Syarhi Tanwir al-Absyar, Riyadh: Dar ‘Alim al-Kutub, 281-283, Nor Fadhilah Zakaria, 40. 25
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sebahagian kes, pihak plaintif gagal untuk membawa bukti-bukti tersebut ke mahkamah, justeru, pihak hakim terpaksa untuk menangguhkan atau telah memberikan amaun yang hanya boleh dibayar oleh pihak defenden, yang pastinya kriteria kifayah (kecukupan) daripada pihak plaintif tidak dilihat disebabkan kekurangan pembuktian tersebut. Ini menunjukkan bahawa kriteria kifayah telah diabaikan dalam memutuskan kadar nafkah yang wajib dibayar, walaupun tidak dinafikan terdapat kelemahan dari pihak plaintif untuk membawa pembuktian ke mahkamah. Bagi sesetengah kes pula, walaupun hakim mengambil kira keperluan asas isteri dan anak, namun hal tersebut masih tertakluk kepada kemampuan suami yang lebih diambil kira oleh hakim. Sekiranya seorang suami menyatakan dirinya miskin atau tidak mampu dengan mengemukakan pembuktian, maka hakim akan mengurangkan kadar nafkah yang diminta oleh plaintif. Boleh jadi kadar yang diminta oleh plaintif merupakan kadar nafkahnya yang asas. Usaha untuk menjaga agar kadar keperluan asas ini ditunaikan seperti meletakkannya kepada tanggungan ahli waris dilihat kurang berlaku kerana hakim selalunya akan mengurangkan kadar nafkah yang diperintahkan sekiranya defenden berjaya membuktikan ketidak mampuannya. Penentuan agar kadar nafkah yang diputuskan tidak mengurangi kadar nafkah minima masih belum dapat diaturkan secara sistematik. Item-item asas dan semasa dalam nafkah isteri dan anak pula masih belum diselaraskan dalam kalangan para hakim bagi menentukan manakah item yang mesti diambil pengiktibaran dalam pentaksiran nafkah dan manakah item yang merupakan item tambahan yang hanya diberikan apabila pihak responden berkemampuan. Bagi penilaian kriteria ma’ruf, belum ada satu penilaian yang bersistematik dalam mendapatkan data amalan masyarakat dan harga barangan semasa. Hanya hakim dari mahkamah tinggi syariah sahaja yang dibantu oleh pembantu penyelidik dalam membuat kajian seperti harga barangan semasa. Hasil kajian pula hanya tertakluk kepada hakim yang berkenaan. Bagi hakim-hakim lain, mereka membuat kajian secara sendiri dengan membandingkan data masyarakat yang diperoleh daripada media masa seperti surat khabar, internet dan televisyen dan pengalaman hidup mereka sendiri. Justeru proses yang lebih berkesan dan teratur dilihat perlu dalam mendapatkan data masyarakat dan harga barangan semasa. Proses tersebut juga perlulah diselaraskan dan dimaklumi oleh para hakim bagi menghasilkan amalan penghakiman yang bersepadu. Oleh itu, kajian mendapati pengiktibaran kriteria ma’ruf dari segi praktikalnya juga kurang memuaskan.
Kadar nafkah anak dalam amalan semasa di Malaysia Bagi mendapatkan amalan perbelanjaan masyarakat, temu bual secara mendalam ke atas 26 orang isteri yang mempunyai anak-anak dari pelbagai tahap umur dan pendidikan telah dilakukan bagi mendapatkan amalan serta kadar perbelanjaan keperluan harian anak-anak mereka termasuk keperluan makanan, pakaian, perubatan, persekolahan dan kos pengangkutan ke sekolah, kolej dan
349
sebagainya. Temu bual telah dilakukan pada bulan Mei hingga Disember 2013, sementara kajian rintis telah dilakukan pada bulan April 2013.30 Kajian mendapati bahawa keperluan atau item asas yang yang sangat diperlukan oleh anak responden ialah antaranya keperluan makan dan minum, pakaian, tempat tinggal, perubatan, alatan dan bahan pembersihan serta pendidikan yang termasuk keperluan sangat penting kepada para responden.31 Item-item ini merupakan keperluan asas yang diperlukan bagi anak-anak responden dan merupakan item nafkah yang diiktiraf syarak. Bagi menilai kos perbelanjaan item-item nafkah di atas, kajian ini telah mengkategorikan para responden kepada tiga kelas sosioekonomi iaitu A, B dan C, mengikut kaedah kumpulan pendapatan isi rumah rendah, sederhana dan tinggi seperti mana metodologi Jabatan Perangkaan Malaysia (JPM).32 Para responden kemudiannya dikenal pasti dan dilabelkan mengikut tiga kelas tersebut iaitu RA (responden berpendapatan isi rumah rendah), RB (responden berpendapatan isi rumah sederhana) dan RC (responden berpendapatan isi rumah tinggi). Dalam kajian ini, pembahagian pendapatan isi rumah bulanan para responden ialah seperti berikut: RA ialah kategori responden dengan pendapatan isi rumah RM3400 dan ke bawah; RB ialah kategori responden dengan pendapatan isi rumah RM3401- RM10,000; dan RC ialah responden dengan pendapatan isi rumah RM10,001 dan ke atas yang juga bersesuaian dan disahkan dengan 30
Responden yang dikenal pasti serta layak ditemu bual dalam kajian ini berdasarkan persampelan bertujuan. Bagi sampel ini, ciri-ciri responden seperti ibu yang mempunyai sekurang-kurangnya seorang anak ditentukan terlebih dahulu sebelum responden dipilih untuk ditemu bual.Tujuan pemilihan responden yang tertumpu kepada para ibu sahaja adalah untuk mendapatkan data bagi keperluan dan perbelanjaan seorang isteri terutamanya dalam itemitem nafkah yang asas seperti makanan, pakaian, tempat tinggal, perubatan dan lain-lain yang berkaitan. Ibu juga dipilih dengan sekurang-kurangnya mempunyai seorang anak, bertujuan untuk mendapatkan data nafkah anak daripada ibu. Ini termasuk keperluan dan perbelanjaan anak dari segi makanan, pakaian, perubatan, pendidikan dan hal-hal yang berkaitan dengannya. Kajian ini juga menggunakan borang yang mengandungi soalan temu bual separa berstruktur. Pengkaji telah menemu bual sendiri setiap responden dengan kadar masa selama dua hingga tiga jam bagi setiap responden bergantung kepada data dan maklumat yang dikongsi oleh responden dan juga jumah anak yang dimiliki oleh mereka. Sebagai contoh, bagi responden yang mempunyai lima orang anak, masa yang diperuntukkan bagi menemu bual ialah lebih berbanding responden yang hanya mempunyai seorang anak. Ini kerana maklumat perbelanjaan yang ingin diperoleh bukan sahaja daripada responden, bahkan meliputi maklumat mengenai perbelanjaan anak-anak beliau. 31
Skala likert 1 sehingga 5 telah digunakan untuk menguji kepentingan item-item yang ditanya, dan kesemua itemitem yang disenaraikan ini mendapat peratusan penuh 100% di mana responden telah meskalakannya dengan sangat penting. 32 Pembahagian tersebut dilakukan dengan menggunakan metodologi oleh Jabatan Perangkaan Malaysia, yang membahagikan pendapatan isi rumah kepada 40% terendah (B40), 40% sederhana (M40), dan 20% tertinggi (T20). Sila lihat Laporan Penyiasatan Perbelanjaan Isi Rumah/ Report on Household Expenditure Survey; 2009-2012, ( Putrajaya, Jabatan Perangkaan Malaysia (JPM), 2012), 4. Metodologi dan hasil data kajian ini disahkan bertepatan dengan metodologi yang diaplikasikan oleh JPM melalui beberapa siri komunikasi email dan perbualan telefon sepanjang kajian lapangan ini dijalankan (Mei-Disember 2103) bersama Penolong Pengarah, Encik Azizul Abllah, Bahagian Perangkaan Harga, Pendapatan dan Perbelanjaan, Jabatan Perangkaan Negara.
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julat pendapatan isi rumah yang telah dikeluarkan oleh JPM. Justeru, setelah pengiraan dilakukan, hasil kajian mendapati kos perbelanjaan item-item keperluan asas nafkah anak-anak responden mengikut umur dan kelas ialah seperti Jadual 1 berikut:
RC
RB
RA
RC
RB
RA
RC
RB
RA
RC
RB
RA
RC
RB
RA
Jadual 1. Jadual Kifayah Nafkah Anak Mengikut Umur dan Kelas: Anak Anak Anak Anak Anak berumur berumur berumur berumur berumur 13-17 thn 18 tahun sebelum 4 7-12 thn 4-6 thn. (sek. dan ke Item/Anak thn (sek. ren.) men.) atas Responden
X X X X X X 600
600
X X X X X X 600
600
X X X X X X 600
600
436 87 32 112 60 X 824
97
300 49 17 112 60 X 635
97
217 28 14 44 60 X 460
97
436 87 32 75 60 X 781
91
300 49 17 75 60 X 592
91
217 28 14 19 60 X 429
91
218 87 32 129 60 X X 526
150 49 17 129 X X 405
60
109 28 14 129 X X 340
60
150 28 70 X X 250 498
X 250 498
X
150 28 70 X
28 250
Total
X
Duit poket semasa di sekolah/ tempat pengajian. Upah Pengasuh
498
Pengangkutan ke sekolah
X
Pendidikan (Yuran Sekolah dan Alat tulis)
70
Pembersihan
X
Pakaian
X
Makanan & Minuman /Penyusuan
150
Kadar dalam Ringgit Malaysia (RM)
351
Sumber: Diubah suai daripada borang temu bual, Mei - Disember 2013. Jadual di atas menunjukkan tahap keperluan anak terhadap nafkah adalah berbeza-beza mengikut tahap umur dan kategori pengekelasan sosioekonomi iaitu yang perbelanjaan tertinggi adalah daripada anak-anak daripada kumpulan T20 atau (RC) diikuti dengan kumpulan M40 atau RB dan yang terendah ialah B40 atau RA. Kadar ini menunjukkan bahawa kadar nafkah yang baik perlulah mengikut keperluan anak tersebut dan kemampuan bapanya. Sekiranya bapa tersebut tidak berupaya menyediakan nafkah yang tinggi cukuplah sekiranya bapa tersebut tidak mengurangi kadar nafkah atau sekurang-kurangnya kadar nafkah anak-anak responden RA. Ini kerana ianya menupakan nafkah yang paling asas atau minima dan ianya mencukupi mengikut teori Abi Hanifah yang diterangkan sebelum ini.
Penetapan kadar nafkah minima Cadangan kadar nafkah minima anak dalam kajian ini diambil daripada kebiasaan perbelanjaan golongan miskin atau golongan yang berpendapatan rendah seperti mengikut pandangan Imam AbË ×anÊfah, Abu YËsuf dan MuÍammad yang telah meletakkan serendah-rendah kifayah dalam nafkah isteri mengikut kadar nafkah yang memenuhi keperluan isteri daripada golongan miskin. Ini seperti mana dijelaskan dalam bahagian ‘Penentuan ma’ruf dan kifayah dalam penentuan Nafkah Anak mengikut hukum Syarak’ sebelum ini. Untuk mendapatkan kadar kebiasaan perbelanjaan nafkah anak yang diperunmtukkan bagi golongan miskin di Malaysia, perbelanjaan anak-anak responden dari kelas A (RA) kemudiannya diambil sebagai kadar nafkah minima nafkah anak seperti mana yang boleh dilihat dalam Jadual 2 seperti di bawah: Jadual 2. Model Cadangan Kadar Minima Nafkah Anak
Anak berumur sebelum 4 thn
Anak berumur 46 thn.
Anak berumur 712 thn (sek. ren.) Anak berumur 13-17 thn (sek. men.) Anak berumur 18 tahun dan ke atas
Kategori Anak & Kadar Nafkah (RM/bln.)
Makanan & Minuman /Penyusuan
150
109
217
217
X
Pakaian
28
28
28
28
X
Pembersihan Pendidikan (Yuran Sekolah dan Alat tulis)
70
14
14
14
X
X
129
19
44
X
Item Nafkah Anak
352
Pengangkutan ke sekolah Duit poket semasa di sekolah/ tempat pengajian. Upah Pengasuh
X
60
60
60
X
X
X
91
97
600
250
X
X
X
X
248 (tidak termasuk 340 429 460 600 upah pengasuh) Sumber: Diubah suai daripada borang temu bual, Mei - Disember 2013.
Total
Jadual di atas menunjukkan kadar kebiasaan nafkah bagi anak-anak responden kumpulan A atau RA ataupun B40 seperti mana dalam istilah Jabatan Perangkaan Malaysia. Ia merupakan kadar nafkah asas yang paling rendah bagi kehidupan masyarakat miskin di Kuala Lumpur dan Selangor pada masa kini. Dengan adanya data seperti ini, pihak hakim akan lebih mudah untuk membuat pentaksiran nafkah berdasarkan realiti dan ekonomi semasa yang dialami oleh masyarakat. Pihak hakim juga dapat mengetahui item-item nafkah anak yang paling asas yang perlu diberi pertimbangan adalah seperti mana yang telah diperolehi dalam kajian semasa seperti ini misalnya seperti makanan dan penyusuan, pakaian, pembersihan, pendidikan, pengangkutan ke sekolah dan sebagainya yang telah disenaraikan. Dengan adanya data daripada kajian sosioekonomi semasa ini pihak hakim akan lebih jelas dan mudah dalam memastikan kriteria kifayah dan ma’ruf dalam nafkah anak dapat terjamin semasa pentaksiran nafkah dilakukan. Kesimpulan Berbanding pentaksiran nafkah di mahkamah syariah negara ini, pentaksiran nafkah terutamanya nafkah anak kelihatan lebih kemas dan terkehadapan di peringkat antarabangsa. Pelbagai kajian telah dijalankan seawal 80an bagi menghasilkan kaedah pentaksiran nafkah yang bersesuaian terutama bagi negara-negara yang mempraktiskan sistem Child Support.33 Dari segi sejarah, objektif serta ruh pelaksanaan Child Support walaubagaimana pun adalah berlainan dengan konsep nafkah yang digariskan dalam Islam. Islam menekankan bapa sebagai pembiaya utama dalam nafkah isteri dan anak berbanding sistem ini yang menjalankan dwi-pembiaya iaitu ibu juga wajib menanggung nafkah anaknya. Anak yang mendapat pembiayaan dalam sistem ini turut 33
Lihat Belinda Fehlberg and Mavis Maclean, Child Support Policy in Australia and the United Kingdom: Changing priorities but a similar tough deal for children?, International Journal of Law, Policy and the Family 23, (2009), 124 doi: 10.1093/lawfam/ebn015, Advance Access Publication 29 January 2009 and Child Support Handbook (OCS), Administration for Children and Families, Department of Health and Human Services, 6, http://www.acf.hhs.gov/programs/css/resource/handbook-on-child-support-enforcement dan The Organization For Economic Co-Operation And Development (OECD) http://www.oecd.org/els/family/oecdfamilydatabasethefamilysupportcalculator.htm dicapai pada 12 November 2014.
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merangkumi anak hasil bersekedudukan di luar perkahwinan yang berlainan dengan sistem nafkah Islam.34 Dari segi kaedah pentaksiran, sistem Child Support ini mengalami anjakan iaitu dari kaedah tradisonal atau fix order yang ditetapkan oleh mahkamah kepada kaedah pentaksiran berdasarkan pemotongan pendapatan bapa mengikut peratusan.35 Setelah perlaksanaan, sistem ini dilihat telah dikesampingkan apabila para pembiaya merasakan penetapan sebegitu jauh dari mentaksirkan keperluan sebenar seorang anak. Justeru, kaedah terkini pentaksiran berdasarkan keperluan sebenar seorang anak telah mengambil alih sistem pentaksiran mengikut peratusan tersebut.36 Kaedah ini seperti mana yang dikemukakan dalam kajian ini, yang walaupun sama namun kaedah dan pentaksirannya adalah berbeza sesuai dengan Syarak itu sendiri. Kaedah yang diutarakan adalah berasaskan kepada pandangan Imam Abu Hanifah dan anak-anak muridnya. Iaitu bagi memenuhi elemen kecukupan (kriteria kifayah) yang paling minima, pentaksiran nafkah perlu sekurang-kurangnya mengikut kadar kebiasaan masyarakat yang miskin. Masyarakat miskin yang diketengahkan oleh kajian pengkaji bukanlah mereka yang tidak cukup makan sehingga perlu menahan lapar atau mengikat perut, tidak cukup pakaian sehingga tidak mampu menutup aurat untuk pergi ke tempat kerja atau sekolah. Sebaliknya, masyarakat miskin dalam kajian pengkaji adalah golongan yang berpendapatan rendah dalam masyarakat. Golongan ini sebaliknya adalah mereka yang mampu makan sehingga kenyang dan mempunyai pakaian serta tempat tinggal yang selamat, namun tidaklah setaraf seperti golongan pertengahan dan tinggi. Penentuan kadar minima ini bukanlah bertujuan menyusahkan mana-mana pihak kerana syarak dengan jelas memperuntukkan tanggungjawab membiayai nafkah anak dan mencukupkan nafkah anak tersebut kepada ahli waris dan seterusnya kepada pihak kerajaan (Baitulmal) sekiranya bapa tidak mampu untuk menyempurnakan kadar asas tersebut. Tidak dapat dinafikan lagi bahawa penetapan kadar nafkah minima menjaga kemaslahatan anak tersebut, seterusnya selaras degan tuntutan maqasid al-syariah dalam menjaga nyawa, akal, agama, harta dan keturunan. Penentuannya menuntut kepada kajian sosioekonomi masyarakat yang perlu dilakukan dari semasa ke semasa. Penentuan kadar ini secara sistematik seterusnya dapat membantu para hakim dalam mengeluarkan dan mentafsirkan kadar nafkah yang lebih tepat dengan tuntutan uruf semasa serta menjaga kemaslahatan pihak-pihak yang menuntut di mahkamah. 34
Ibid. Misalnya di Wisconsin, Amerika, apabila menerapkan Child Support Assurance System (CSAS) pada tahun 1987, Lihat Meyer, Daniel R;Bartfeld, Judi;Garfinkel, Irwin;Brown, Patricia, Child support reform: Lessons from Wisconsin, Family Relations; Jan 1996; 45, 1; ProQuest Education Journals, 11. Sisitem pemotongan pendapatan bapa berdasarkan peratusan juga dilaksanakan di Norway pada tahun 1990an lihat Anne Skevik, Fairness in Child Support Assessments: the view of non resident fathers in norway, International Journal of Law, Policy and the Family 20, (2006), 181-200, doi: 10.1093/lawfam/ebn012, Advance Access Publication. 36 Misalnya di Norway, lihat Anne Skevik, Fairness in Child Support Assessments: the view of non resident fathers in Norway, International Journal of Law, Policy and the Family 20, (2006), 181-200, doi: 10.1093/lawfam/ebn012, Advance Access Publication. Di Australia dan United Kingdom, lihat Belinda Fehlberg and Mavis Maclean, Child Support Policy in Australia and the United Kingdom: Changing priorities but a similar tough deal for children?, International Journal of Law, Policy and the Family 23, (2009), 1-24 doi: 10.1093/lawfam/ebn015, Advance Access Publication 29 January 2009 and Child Support Handbook (OCS), Administration for Children and Families, Department of Health and Human Services, 6, http://www.acf.hhs.gov/programs/css/resource/handbookon-child-support-enforcement 35
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Fehlberg, Belinda; Maclean, Mavis. Child Support Policy in Australia and the United Kingdom: Changing priorities but a similar tough deal for children?, International Journal of Law, Policy and the Family 23, (2009), 1-24 doi: 10.1093/lawfam/ebn015, Advance Access Publication 29 January 2009 Ibn ×ajar, AÍmad bin ÑAlÊ. FatÍ al-BÉrÊ SharÍ ØaÍÊh al-BukhÉrÊ, ed. MuÍibb al-DÊn alKhÉÏÊb. Beirut: DÉr al-MaÑrifah, t.t. Ibn ×ibban, MuÍammad bin ×ibbÉn bin AÍmad AbË ×ÉtÊm al-TamÊmÊ. Dalam ØaÍÊh Ibn ×ibbÉn, ed. SyuÑaib al-Arna´uÏ. Beirut: Mu´assasah al-RisÉlah, 1993. Ibn al-HummÉm, KamÉl al-DÊn MuÍammad bin ÑAbd WÉÍid. SyarÍ FatÍ al- QadÊr ÑAla alHidÉyah: SyarÍ BidÉyah al-MubtadÊ. Mesir: Maktabah MuÎÏafÉ al-BÉbÊ al-JalÊ, t.t. Laporan Penyiasatan Perbelanjaan Isi Rumah/ Report on Household Expenditure Survey; 20092012. Putrajaya, Jabatan Perangkaan Malaysia, 2012. Maznah Mohamad, “Di mana berlaku diskriminasi dalam undang-undang keluarga Islam.” Dalam Undang-Undang Keluarga Islam dan Wanita di Negara-Negara Asean, ed.Abdul Monir Yaacob. cet.ke-2, Kuala Lumpur: Institut Kefahaman Islam Malaysia, 2000. Meyer, Daniel R;Bartfeld, Judi;Garfinkel, Irwin;Brown, Patricia. Child Support Reform: Lessons from Wisconsin. Family Relations; Jan 1996; 45, 1; ProQuest Education Journals, 11. “Borang Asnaf Zakat 2012.” Dokumen. Lembaga Zakat Selangor, Selangor, 2012. “Cadangan Formula Pengiraan Nafkah”, Kertas Kerja. Noraini Arifin, Noraini Md Hashim dan Roslina Che Soh. Daripada jawatankuasa khas yang dilantik oleh JKSM bersempena dengan penubuhan BSK, 2008. “Pemansuhan Bayaran Tambahan Persekolahan di Sekolah Kerajaan dan Sekolah Bantuan Kerajaan.” Surat Pekeliling Ikhtisas Bil 11 Tahun 2011bertarikh 3 November 2011. Pejabat Timbalan Ketua Pengarah Pelajaran Sektor Operasi Pendidikan, Kementerian Pelajaran Malaysia, Putrajaya, 2011. “Research Priority Area 2: Monitoring of National Nutritional Status- Recommended Nutrient Intakes for Malaysian: A Report of the Technical Working Group on Nutritional Guidelines, National Coordinating Committee on Food and Nutrition”. Laporan PDF. Kementerian Kesihatan Malaysia, Putrajaya, 2005. “Yuran Pendaftaran Tabika KEMAS.” Dokumen. Tabika KEMAS, Projek Perumahan Rakyat (PPR) Pantai Permai, Kuala Lumpur, 2014. “Yuran Persekolahan Sekolah Kebangsaan Bangsar, Kuala Lumpur.” Dokumen, Sekolah Kebangsaan Bangsar, Kuala Lumpur, 2014. “Yuran Persekolahan Sekolah Menengah Kebangsaan Sri Pantai Kg. Kerinchi.” Dokumen, Sekolah Menengah Kebangsaan Sri Pantai Kg. Kerinchi, Kuala Lumpur, 2014. Azhar bin Abdul Aziz. “Amalan Perkongsian Pendapatan Antara Suami Isteri dalam Keluarga Islam di Malaysia: Analisis terhadap sumbangan isteri bekerja dalam perbelanjaan rumah tangga”. Tesis Ijazah Doktor Falsafah, Universiti Malaya, Kuala Lumpur, 2012. Mek Wok Mahmud & Sayed Sikandar Shah Haneef. “The Problem of the Divorce Among Muslim in Malaysia: Addressing Its Epistemological Dimension.” Kertas Kerja, International Family Law Conference di Hotel Crown Princess, Kuala Lumpur, 16-17 Januari, 2007. Siti Aishah Din. “Mekanisma Penetapan Kadar Nafkah Anak: Analisis terhadap penghakiman keskes Mahkamah Syariah Negeri Selangor.” Tesis Ijazah Sarjana, Universiti Malaya, Kuala Lumpur, 2010.
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Zaharah Jaafar. “Penetapan Kadar Nafkah Isteri: Satu Kajian di Mahkamah Syariah Wilayah Persekutuan.” Tesis Ijazah Sarjana, Universiti Malaya, Kuala Lumpur, 2005. “Akta 303, Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984, mengandungi pindaan terkini - P.U.(A)247/2002.” Laman sesawang esyariah. dicapai pada 7 Mac 2012. http://www2.esyariah.gov.my/esyariah/mal/portalv1/enakmen/Federal_Updated.nsf/b3ac 9c218c8efdc4482568310022d8b3/3668dafa6fd3e20b48256fd50019775d?OpenDocument “Bahagian Sokongan Keluarga (BSK).” Laman sesawang Jabatan Kehakiman Syariah Malaysia. dicapai pada 13 Oktober 2012. http://www.jksm.gov.my/jksmv2/index.php?option=com_content&view=article&id=152 %3Abahagian-sokongan-keluarga&catid=59%3Absk&Itemid=146. “Child Support Assessments.” Laman sesawang Department of Human Service, Australia Government. dicapai pada 4 November 2014. http://www.humanservices.gov.au/customer/enablers/child-support/child-supportassessment/minimum-and-fixed-child-support-assessments. “Child Support Handbook (OCS), Administration for Children and Families.” Laman sesawang Department of Health and Human Services, Australia Government. dicapai pada 12 November 2014. http://www.acf.hhs.gov/programs/css/resource/handbook-on-childsupport-enforcement. “Child Support Table Look Up.” Laman sesawang Department of Justice, Government of Canada. dicapai pada 14 November 2014. http://www.justice.gc.ca/eng/fl-df/child-enfant/lookrech.asp. “Enakmen Undang-Undang Keluarga Islam (Negeri Selangor) 2003.” Laman Sesawang esyariah. dicapai pada 7 Mac 2012. http://www2.esyariah.gov.my/esyariah/mal/portalv1/enakmen/State_Enact_Upd.nsf/f831ccddd1 95843f48256fc600141e84/ca9cc9e2f91e354748257115000d69dd?OpenDocument. “Islamic Family Law (State Of Selangor) Enactment 2003.” Laman sesawang esyariah. dicapai pada 7 Mac 2012. http://www2.esyariah.gov.my/esyariah/mal/portalv1/enakmen2011/Eng_enactment_Upd.nsf/f83 1ccddd195843f48256fc600141e84/be3982513842335848256f3900165bfb?OpenDocument.
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HUBUNGAN KENABIAN DALAM DISIPLIN ILMU FALSAFAH DAN TASAWUF MENURUT BADIUZZAMAN SAID NURSI Muaz Hj Mohd Noor1, Mohd Solahuddin Shahruddin, Mohd Norazri Mohammad Zaini, Mohd Paidi Norman, Mohd Yusra Abdullah Abstrak Isu nubuwwah atau kenabian adalah salah satu isu dalam ilmu kalam yang begitu diberi penekanan oleh Said Nursi bukan sahaja dalam penulisannya, bahkan dalam pengamalan hidup sehariannya. Ianya kemudian menjadi skop utama Said Nursi dalam usahanya mengangkat kembali akidah umat Islam, khususnya pada waktu itu, agar selari dengan akidah iman yang dibawa oleh nabi-nabi yang terdahulu. Dalam melestari isu kenabian ini. Said Nursi bukan sahaja mengupas isu ini berdasarkan kerangka ilmu akidah dan syariah, tetapi juga dalam kerangka ilmu yang bersifat kritis dan dilihat berlawanan, iaitu disiplin ilmu Tasawuf dan Falsafah. Dalam kajian ini, penulis akan menghuraikan hubungkait antara isu kenabian yang sering diutarakan oleh Said Nursi dengan dua lapangan ilmu ini secara tuntas, serta menjelaskan polemik perbahasan di antara Tasawud dan Falsafah itu sendiri secara ringkas. Antara metode penulis dalam kajian ini ialah merujuk langsung daripada kitab-kitab Rasail an-Nur, serta melalui sumbersumber bacaan berkenaan latarbelakag pemikiran serta sejarah Badiuzzaman Said Nursi. Kata Kunci: Badiuzzaman Said Nursi, Kenabian, Falsafah, Tasawuf, Ilmu
PENDAHULUAN Konsep kenabian adalah isu kritikal yang mendapat perhatian banyak pihak. Golongan Falsafah Islam sendiri tidak pernah ketinggalan memasukkan perbincangan mengenainya dalam penulisan mereka. Sementara golongan Tasawuf sering mendakwa gerakan mereka adalah seiring jalan kenabian. Menurut sarjana Islam, perkara ini bukan perkara yang pelik kerana isu kenabian ini adalah berkaitan di antara alam malakut, alam dunia dan alam akhirat. Maka mana-mana kumpulan Islam yang mengenepikan atau mengabaikan fungsi nubuwwah dalam kehidupan, sudah tentu awal-awal lagi akan ditolak oleh masyarakat Islam. Bagi Said Nursi, beliau dilihat banyak menonjolkan perbahasan kenabian ini dari dua disiplin ilmu ini, baik secara langsung ataupun tidak langsung, baik dari sudut positif mahupun negatif. Kedua-dua pecahan Ilmu ini bukan sahaja terserlah dari pancaran Rasail an-Nurnya, malah turut terpamer dari perwatakan dan gaya hidup beliau, sehingga sesetangah sarjana menggelarkan beliau dengan gelaran ‘tokoh Falsafah’ ataupun ‘tokoh Tasawuf’. Hasil dapatan ini akhirnya menggerakkan penulis untuk menghalusi sejauh mana dimensi pemikiran kenabian menurut Said Nursi dari dua jalan ilmu ini. Ianya kemudian akan cuba disuai-gandingkan dengan beberapa pandangan ulama ataupun tokoh kerohanian bagi menjelaskan aliran sebenar pemikiran Said Nursi dalam dua cabang besar ilmu ini. Hubungan Kenabian Dengan Falsafah Boleh dikatakan hampir kebanyakan dari ulama mutakallimin atau sarjana Islam aliran pertengahan berpandangan bahawa Agama (yang dijunjung oleh wahyu-kenabian) dan Falsafah (implementasi dari fikiran logik-akal) sebenarnya tidak bercangah, malah kedua-duanya saling melengkapi dan memerlukan. Para tokoh ilmuan ini yakin bahawa kedua-duanya adalah kebenaran yang tidak wajar bertentangan antara satu sama lain, apatah lagi ditolak mentah begitu sahaja. Walaupun sebahagian yang lain bersikap krtikal terhadap jalan falsafah, ianya tetap diterima 1
Akademi Pengajian Islam Kontemporari (ACIS), Universiti Teknologi MARA, Alor Gajah, Melaka
[email protected]
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sebahagian yang lain dengan beranggapan bahawa falsafah juga merupakan salah satu dari cebisan ilmu-ilmu Allah s.w.t yang wajar dipelajari dan dikaji oleh manusia yang dikurnia akal fikiran. Beberapa ahli-ahli falsafah Islam terkenal seperti al- Fārābi (870-950M), Ibnu Sīnā 9801037M), dan al-Kindī (800-870M), bahkan al-Ghazālī tidak mengenepikan ruang penyatuan dua asas fikiran ini. Walaupun tokoh-tokoh falsafah ini dilihat seolah-olah hanya menumpukan kepada bidang pemikiran falsafah yang mengangkat logik akal sebagai sandaran ilmu, di sana mereka juga sebenarnya tetap menghubungkan kewarasan dan kewajaran logik akal manusia tadi dengan asas fikiran wahyu-kenabian. Mereka tidak membahaskan konsep kenabian tanpa asas yang mendesak. Sebaliknya teori-teori yang mereka kemukakan sedikit sebanyak adalah dengan hasrat mulia mempertahankan Islam dari serangan musuh.2 Namun bagi Said Nursi, beliau melihat isu ini dari kerangka positif dan negatif. Ada baik dan ada buruknya, lagi-lagi bila ianya dikaitkan dengan institusi kenabian. Said Nursi banyak mengulas dan menakankan tentang hubungan falsafah-kenabian dalam beberapa risalah di dalam kitabnya seperti dalam kitab al-Kalimat (The Words) iaitu pada ‘Kalimat’ yang ke-30, dan kitab al-Maktubat (The Letters), pada ‘Surat’ yang ke-18 dan ‘Surat’ ke-24, serta kitab al-Lamaat (The Flash), pada ‘Kelipan’ yang ke-17 dan ‘Kelipan’ yang ke-33. Ada pun, artikel khusus tentang hubungkait falsafah dan kenabian, telah dibahaskan Said Nursi di dalam kitab al-Kalimat, iaitu dalam ‘Kalimat’ yang ke-30 (Anā dan Zahrā). 1) Falsafah Skeptikal Terhadap Kenabian Walaupun secara umumnya golongan falsafah Islam dilihat mengakui, atau sekurangkurangnya tidak memusuhi institusi kenabian, namun di sana terdapat beberapa tokoh falsafah Islam yang dilihat mengambil pendekatan keras dengan mengkritik keperluan jalan kenabian. Antara mereka ialah Abū Bakr al-Rāzī, seorang tokoh falsafah Islam kontroversi, yang terkenal di dunia Barat sebagai ‘The Rhazes’.3 Beliau dilihat sering bersikap sinis dan skeptikal terhadap alam kenabian, sehingga mendakwa kenabian adalah sia-sia. Bagi al-Rāzī, manusia hanya cukup berharap pada Allah s.w.t dan manusia tidak memerlukan kenabian dalam kehidupan mereka. Bahkan lebih keras lagi, beliau mendakwa asas faham kenabian ini punca berlakunya peperangan dan pertumpahan darah. "What need does humankind have for prophethood or divine revelation, since God initially imparted the gift of reason to them from the essence of His divinity?...he competing claims of diverse revelation have been the cause of endless bloodshed and warfare between the nations favored with divine revelation and those who were not..”4 Dari pandangan tersebutlah yang menjadikan al-Rāzī tidak percaya kepada wahyu dan adanya Nabi seperti yang dijelaskan dalam kitabnya Naqd al-Adyān au fi al-Nubuwwah (Kritikan Abd Rasyid bin Idris, “Konsep Kenabian Dalam Perbahasan Aliran Falsafah al-Masya’yyah”, laman sesawang aris.protajdid.com di capai pada 9 Disember 2012, http://aris.protajdid.com/?p=45. 3 Ibn Taimiyyah telah menggelarkan al-Rāzī sebagai ‘Galen Arab’ kerana kebijaksanaannya dalam bidang kedoktoran dan sains. Pun begitu, walaupun diakui al-Rāzī seorang ilmuan yang begitu bijak di bidang sains dan kedoktoran, namun ia tidak bereti pendiriannya di bidang agama juga sentiasa betul. 4 Majid Fakhry, A Short Introduction to Islamic Philosophy, Theology and Mysticism (Oxford: Oneworld, 1997), 32. 2
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terhadap agama-agama dan nabi). Beliau berpegang dengan tanggapan bahawa jalan atau faham kenabian adalah punca peperangan sejak zaman berzaman. Kenabian musuh kepada Falsafah dan sains. Justeru barangkali bagi al-Rāzī, karya-karya sarjana silam seperti Plato dan Aristotle lebih bermanfaat daripada kitab-kitab suci agama.5 Bahkan al-Rāzī bukan satu-satunya tokoh falsafah Islam yang dilihat kritikal terhadap nabinabi. Satu lagi tokoh falsafah Islam yang dilihat mendokong pemikiran liberal yang mengkritik keras institusi kenabian ialah Ibn al-Rawandī. Walaupun sarjana sejarah tidak jelas tentang belakang al-Rāzī, namun kebanyakan mereka menyatakan al-Rāzī berasal dari keluarga Yahudi, serta dilihat cenderung kepada fahaman Mu’tazilah.6 Seperti al-Rāzī, beliau juga berhujah bahawa akal manusia adalah mencukupi untuk menentukan pengetahuan mengenai Tuhan dan membezakan di antara baik dan buruk. Bagi Ibn al-Rawandī, kenabian adalah suatu isu yang tidak masuk akal, dan manusia tidak memerlukan wahyu.7 Pandangan keras tokoh-tokoh falsafah Islam radikal ini telah menimbulkan kemarahan dan bantahan dari ramai ulama-ulama ketika itu, termasuklah Said Nursi walaupun Said Nursi bukanlah sezaman dengan mereka. Said Nursi menolak keras hujah akal ahli falsafah yang menolak kewujudan dan keperluan Nabi. Bahkan beliau menyatakan bahawa dunia amat memerlukan pemimpin suci (nabi) dari kalangan manusia untuk memimpin tugas khalifah yang diamanahkan. Ia adalah sunnatullāh, dan terjemahan sifat adil dan bijaksana Allah s.w.t yang sesekali tidak mampu dipintas oleh akal cetek manusia. Kata Said Nursi, “Divine power does not leave the ant without leader, or bees without a queen, it surely would not leave mankind without prophet or code of law.”8 Kerana itulah tidak pelik jika kita perhatikan dalam Rasāil an-Nūr, Said Nursi sering dilihat melemparkan teguran dan kritikan terhadap falsafah, yang beliau anggap terlalu bersikap biadap serta menyeleweng terhadap jalan kenabian. Walaupun pada dasarnya, kumpulan ini berfikir dan mengkaji untuk manfaat umum, namun lama kelamaan, ianya semakin tersasar dan jauh dari hakikat kebenaran. Said Nursi menzahirkan teguran ini dalam kitabnya al-Maktubat, pada ‘Surat’ yang ke-24. Katanya, “At one time, the benefits shown by ‘human’ science and philosophy concerning the aims of beings appeared most insignificant in my view. I understood from this that such philosophy leads only to futility. It is for this reason that leading philosophers either fall into the swamp of Nature, or they become Sophists, or they deny Divine knowledge and choice, or they call the Creator “selfnecessitating.”9 Apa yang disuarakan Said Nursi ini ada asasnya dan bukan atas dasar sentimen atau emosi. Bahkan beliau pernah berpengalaman berkecimpung dalam dunia falsafah dalam usaha mencari 5
Ibrahim Madkour, Fi al-falsafah al-Islamiyyah: Manhaj Wa Tathbiquh, jil. I & II (Mesir: Dar al-Ma'arif, 1976), 1: 87. 6 Ibid., 1: 80. 7 Majid Fakhry, A History of Islamic Philosophy (New York: Columbia University Press, 1983), 96. 8 Badiuzzaman Said Nursi, The Words, terj. Sukran Vahide (Istanbul: Sozler Publication, 2008), 734. 9 Nursi, Badiuzzaman Said, The Letters (The Twenty Fourth Letter), terj. Şükran Vahide (Istanbul: Sozler Nesriyat, 2001), 339.
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kebenaran dan mengenali Tuhan10. Namun ternyata ianya tidak bertahan lama dan langsung tidak membawa kesan yang positif pada diri beliau, apatah lagi kepada ummah. Bahkan beliau menyatakan, ahli-ahli falsafah yang hebat seperti Plato dan Aristotle, termasuk ahli falsafah Islam seperti Ibnu Sīnā dan al- Fārābi, mereka semua menurut Said Nursi gagal dalam mencapai citacita dan matlamat mereka. Pengembaraan akal mereka tidak menemui jalan penghujung, dan akhirnya mereka terpukau dengan kata-kata manis mereka sendiri, tanpa mencapai apa yang mereka hajati.11 Perkara ini menurut Said Nursi berbeza dengan jika dibandingkan dengan matlamat para ulama dan ahli agama, yang dipandu oleh aliran pemikiran wahyu-kenabian yang suci. Walaupun mereka ahli falsafah (termasuk ahli sains) telah berkembang maju dalam meneliti sifat-sifat makhluk semulajadi sehingga mampu menganalisa sekecil-kecil makhluk, namun mereka kata Said Nursi, begitu jauh kebelakang dari sudut keagungan dan kemuliaan ‘Sains Ilahi’, iaitu Sains dari sudut pandang akhirat. Dan inilah yang cuba diketengahkan Said Nursi dalam usaha mengharmonikan kedua dasar pemikiran umat manusia ini.12 “Cuma apabila aliran ‘kejiwaan’ ini terlepas dari aliran tasawuf dan berpindah kepada mereka yang emnganut fahaman logik dan mantiq, maka ia mula dipersembahkan dalam bentuk ilmiah dan logik, mereka yang menerimanya pula dari golongan yang tertipu dengan rayuan dunia. Maka mereka tenggelam dalam perbahasan ‘tobi’iyyah’ dan kebendaan, jauh dari sudut pandang Islam. Di sinilah bermulanya penyimpangan!”13 2) Falsafah Atas Jalan Kenabian Walaupun Said Nursi kelihatan agak ‘berkeras’ dengan golongan falsafah, namun beliau sebenarnya tidaklah menolak total kesemua kandungan ilmu falsafah samada yang dibawa oleh ahli Falsafah Barat mahupun Islam. Sebaliknya kritikan beliau hanya berkisar tentang hal-hal metafizik seperti ketuhanan dan kenabian sahaja. Beliau turut mengakui kebenaran dan kehebatan falsafah dalam hal berkaitan ilmu Matematik, Geografi, Sains dan sebagainya. Bahkan Said Nursi turut mengkritik golongan ilmu Kalam yang menentang bulat-bulat fakta sains yang dikemukakan oleh ahli pemikir (falsafah)14. Kerana itu penulis melihat dalam bidang penguasaan pendidikan dan ilmu-ilmu pengetahuan, Said Nursi dilihat konsisten dalam menyatupadukan antara ilmu dunia (sains, termasuk falsafah) dan ilmu akhirat (ilmu agama).15
10
Said Nursi pernah menceritakan pengalaman berada dalam dunia falsafah. Ianya telah berlalu lapan tahun sebelum beliau menulis kitab Rasāil an-Nūr, iaitu ketika beliau dalam tempoh ‘Said Lama’. Dan pengalaman ini sekaligus melayakkan beliau untuk mengkritik dunia falsafah atas dasar keilmuan. 11 Said Nursi, Perbahasan ‘Ana’ (Aku) dan Zarah’, terj. Anuar Fakhri Omar (Terengganu: Percetakan Yayasan Islam Terengganu Sdn. Bhd., 1999), 24-26. 12 Ibid. 13 Prof. Dr. Adem Kilicman, “Sedutan Perbahasan Dalam Rasael An-Nur”, makalah forum Badiuzzaman Said Nursi (Serdang: Universiti Putra Malaysia, t.t.) 14 Ibid. 15 Mohamad Zaidin Bin Mat, Badiuzzaman Said Nursi Sejarah Perjuangan dan Pemikiran (Bangi: Jabatan Pengajian Arab dan Tamadun Islam, Fakulti Pengajian Islam, Universiti Kebangsaan Malaysia, 2003), 16.
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Untuk memahami maksud Said Nursi ini dengan lebih mendalam, beliau mengajak kita merenung dan menoleh kembali sejarah pembentukan aliran pemikiran semenjak manusia pertama diciptakan16. Menurut Said Nursi, bermula zaman nabi ‘Adam a.s sehinggalah hari ini, terdapat dua aliran atau rantaian pemikiran yang besar lagi agung, yang boleh mempengaruhi gaya dan perwatakan seseorang. Kedua-duanya ini menurut Said Nursi berjalan merentasi zaman dan masa, seolah-olah kedua-duanya merupakan batang pokok yang besar, yang mengembangkan dahan dan rantingnya ke seluruh penjuru dan kepada setiap peringkat kemanusian.17 Dua aliran atau peringkat pemikiran manusia yang dimaksudkan tersebut ialah: i. Rantaian Kenabian dan agama ii. Rantaian Falsafah dan hikmah (kebijaksanaan)18 Menurut Said Nursi, inilah sebenarnya ‘hubungan’ antara falsafah dan kenabian yang dimaksudkan beliau dalam risalah ringkas beliau dalam Rasāil an-Nūr. Said Nursi cuba merumuskan kedua-dua entiti tersebut sebagai kaedah atau cara berfikir. Ianya mempunyai persamaan dari sudut penggunaan akal fikiran dan puncak tertinggi sesuatu tahap pemikiran, namun ianya berbeza dari sudut metodologi dan matlamat akhirnya. Kedua-duanya boleh bersatu (digunakan) dalam satu-satu masa dan ketika, namun tidak kedua-duanya mampu membawa natijah yang baik kepada diri seorang individu yang mengaku seorang muslim yang mukmin. Pasti salah satu daripadanya yang bersifat Haq, dan satunya yang lain bersifat Dzan atau Bathil. Namun menurut Said Nursi, jika kena cara dan etikanya, ianya boleh mendatangkan kebaikan dan kebajikan kepada manusia.19 Sementara bagi al-Fārābi, beliau meletakkan hakikat kenabian dan hakikat Falsafah sebagai hasil perhubungan jiwa manusia dengan akal jenis al-‘Aql al-Fa‘al (Akal aktif).20. AlFārābi menyatakan bahawa kenabian dan falsafah tidak terlalu jauh bezanya kerana kedua-duanya menghubungkan al-‘Aql al-Fa‘al dalam tindakan. Kedua-dua mereka (Kenabian dan falsafah) asalnya daripada makhluk yang dikurnia akal, cuma bezanya sama ada akal itu dipandu oleh wahyu ataupun nafsu. Sudah tentu tidak semua orang dapat mengadakan hubungan dengan akal wahyu melainkan orang yang mempunyai hati yang suci yang mampu menembusi dinding-dinding alam ghaib. Ini kerana menurut al-Fārābi, Nabi mempunyai daya ‘imaginasi’ yang kuat yang memungkinkan ia berhubung dengan wahyu Ilahi, baik ketika dia sedang tidur mahupun terjaga.21
16
Said Nursi mengajak para pembaca menoleh ke zaman awal penciptaan nabi Adam a.s, kerana pada waktu itulah dua perkara ini muncul secara serentak, dua perkara ini terbit secara seiringan. Iaitu adanya pemikiran yang menjurus kepada akal dan nafsu (falsafah), dalam masa yang sama adanya akal yang menjurus kepada wahyu (kenabian). 17 Said Nursi, Perbahasan ‘Ana’ (Aku) dan Zarah’, terj. Anuar Fakhri Omar (Terengganu: Percetakan Yayasan Islam Terengganu Sdn. Bhd., 1999), 9-10. 18 Nursi, Badiuzzaman Said, The Words Collection (Thirteenth Word), terj. Şükran Vahide (Istanbul: Sozler Nesriyat, 2004), 561. 1919 Ibid 20 Al-Fārābi dalam kitabnya Ara’ ahl al-Madinah al-Fadilah telah membahagikan pembahagian teori emanasi (limpahan Ilahi) kepada ‘Akal yang Sepuluh’ (al-‘Uqul al-‘Asyarah), dan salah satunya ialah al-‘Aql al-Fa‘al (peringkat sumpurna). Hubungan antara kedua cara tersebut dijelaskan secara terperinci dan panjang lebar oleh alFārābi dalam kitab beliau. Usaha yang dilakukan al-Fārābi ini menurut pengkaji sejarah adalah antara percubaan terawal di dalam tradisi Falsafah Islam bagi menyelaraskan di antara Falsafah dan agama 21 Haerudin, S.S, “Teori Kenabian al-Farabi,” Jurnal Ilmiah Nady al-Adab 3, (Indonesia: Universitas Hasanuddin, 2006), 65-66.
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Al-Fārābi turut mengakui bahawa Nabi dan ahli Falsafah adalah manusia yang paling terkehadapan dalam memandu dan mengepalai masyarakat, di mana kedua-duanya dapat berhubungan dengan al-‘Aql al-Fa‘al yang menjadi sumber syariat dan aturan yang dperlukan bagi kehidupan tersebut. Perbezaan antara kedua kelompok manusia ini ialah hubungan nabi melalui imaginasi, sedang hubungan falsafah adalah melalui pembahasan dan pemikiran. Maka tiada salahnya aliran pemikiran falsafah ini digunakan oleh masyarakat madani, cumanya sebagaimana yang dijelaskan, ianya sesekali tidak akan mencapai tahap fikir kenabian, yang pastinya lebih tepat dan bersifat luhur.22 Kerana itulah bagi Said Nursi, apabila kedua-dua rantaian ini bersatu dan bercantum pada sesuatu masa atau zaman, maka jalan falsafah akan berada dalam lingkungan agama. Ianya boleh dimanfaatkan, bahkan kemanusiaan pula akan mengalami kehidupan bahagia dan sentosa. Tidak salah untuk menyatakan bahawa tidak semua falsafah itu buruk, dan tidak semua buruk itu falsafah. Namun apabila berlakunya pemisahan dan perpecahan diantara keduanya, maka saat inilah segala cahaya dan kebaikan akan hanya tertumpu kepada rantaian kenabian dan agama, manakala rantaian falsafah pula dilihat asing dan jelek, dimana segala keburukan dan kesesatan akan berlegar di sekitarnya.23 “Falsafah yang ditentang dan dikecam oleh Rasāil an-Nūr ialah falsafah yang merosakkan dan bukannya falsafah secara total, ini kerana ‘hikmah’ dalam ilmu falsafah yang membantu meningkatkan peribadi dan tingkahlaku serta memperkukuhkan ketamadunan manusia adalah menepati dan selari dengan kehendak al-Quran. Ia adalah khadam al-Quran, maka Rasāil an-Nūr tidak memeranginya. Inilah sebabnya mengapa pelajar-pelajar aliran falsafah moden tidak menentang Rasāil an-Nūr, bahkan mereka bersama-sama berada di bawah panji Rasāil an-Nūr tanpa ragu-ragu.”24 Apa yang hendak disampaikan Said Nursi ini ialah, kedua-dua aliran falsafah atau kenabian, boleh memberi kebaikan kepada manusia selagi mana mereka tidak menyalahi kehendak syarak. Maknanya kedua-duanya boleh kita terima tanpa perlu kepada perbalahan dan persengketaan. Namun apabila kedua-dua aliran ini berlawanan atau bertentangan (dalam urusan akidah ummat-cuba mencampuri urusan ketuhanan dan kenabian), maka sudah tentu bagi umat Islam, kita memilih untuk mengikut dan menyelusuri jalan kenabian. Dan sudah tentu dan pasti, jalan kenabian adalah jalan yang paling selamat, dan ini jugalah yang 25 HUBUNGAN KENABIAN DENGAN TASAWUF
22
Ibid., 68. Said Nursi, Perbahasan ‘Ana’ (Aku) dan Zarah’, terj. Anuar Fakhri Omar (Terengganu: Percetakan Yayasan Islam Terengganu Sdn. Bhd., 1999), 10. 24 Al-Nursi, Badi’ al-Zaman Sa’id, al-Kalimat, terj. Ihsan Qasim al-Salihi (Istanbul: Sharikat Suzlar li al-Tiba’ah, 1995), 286. Rujuk juga Mohamad Zaidin Bin Mat, Badiuzzaman Said Nursi Sejarah Perjuangan dan Pemikiran (Bangi: Jabatan Pengajian Arab dan Tamadun Islam, UKM, 2003), 76. 25 Said Nursi mengambil iktibar dari polemik-perbahasan di antara Hujjat al-Islam Imam al-Ghazali dan tokoh falsafah Islam seperti Ibnu Sına dan al-Farabi dalam isu falsafah-takfir. Ianya tidak berkesudahan sehingga hari ini, bahkan telah mencipta beberapa siri fitnah. Maka, Said Nursi memilih jalan tengah untuk mendamaikan dua disiplin ilmu ini. Dan inilah jalan pertengahan yang diambil oleh ulama-ulama kontemporari. 23
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Jika diteliti sejarah riwayat hidup Said Nursi, pemikiran dan tindakan beliau sebenarnya banyak dipengaruhi dari kesufian bapa beliau sendiri, yang beraliran Naqsyabandiah. Segala asas ilmu tarekat, baik cara berfikir, berdakwah dan ibadah yang bertepatan dengan sunnah nabawiyyah cuba dizahir dan dipraktikkan oleh Said Nursi. Namun dari suatu sudut yang lain, Said Nursi tidak mengikuti mana-mana tarekat atau jalan kesufian yang lain di Turki secara langsung. Malah menurut Said Nursi, jalan tareqat atau sufi tidak begitu sesuai di zaman ini (akhir zaman).26 Kehiduapan Said Nursi banyak menerima pengaruh dan kesan daripada seorang ulama besar yang bernama Syeikh ‘Abdul Qadir al-Jailani (1077-1166M)27. Pengaruh lingkungan sufi aliran Naqshabandiyah sedikit sebanyak mempengaruhi sifat dan perwatakan Said Nursi. Selain waktu muda beliau yang sering mendatangi dan berdampingan dengan ulama-ulama, tok-tok guru, syeikh-syeikh, dan tokoh-tokoh ilmuan yang lain. Said Nursi juga dikatakan mendapat pengaruh dari pancaran kerohanian dari Syeikh Ahmad Khani (1650–1707M) ketika menuntut di Bayazid. Said Nursi banyak menghabiskan waktunya di makam Syeikh Ahmad Khani setelah beliau meninggal dunia28. Menurut Said Nursi, secara umumnya tujuan dan matlamat tasawuf (Tasawwuf) atau tareqat (Tariqah) adalah untuk meneladani dan mencontohi sunnah nabi dalam proses menyerah diri serta pengabdian kepada Allah s.w.t. Ianya adalah suatu yang baik dan murni, bahkan diakui oleh kebanyakan ilmuan Islam. Namun di sana terdapatnya salah faham dan kesilapan dalam memahami tingkat iman pada nabi oleh sesetengah pengamal tasawuf (ahli sufi). Sesetengah dari golongan ini cuba ‘memasuki’ alam kenabian yang kononnya boleh dicapai melalui ibadah-ibadah tertentu, ada yang menyalahguna dan sebagainya, sedangkan mereka belum terlebih dahulu mengikuti jalan kesufian yang sebenarnya. Menurut Said Nursi, ini sebenarnya bukanlah jalan sufi, bahkan jalan yang sesat dan tahyul.29 Tasawuf Yang Menyimpang Dari Jalan Kenabian Bahkah al-Imam Rabbānī Syeikh Ahmad al-Sirhindī (1564–1624M), seorang tokoh yang terkenal dalam tareqat Naqsyabandiyyah turut kelihatan mengkritik sesetengah dari pengamal tareqat yang terlalu ekstrim dalam beramal. Al-Sirhindī dalam kitabnya al-Maktubat banyak menjelaskan kesesatan dan kesalahan kaum sufi, yang menurutnya telah lari dari kerangka alTariqah yang diharuskan. Al-Sirhindī telah membahagikan tahap Kesucian jiwa (tasawuf) ini kepada tiga peringkat, di mana peringkat yang paling agung adalah hanya dimiliki oleh kenabian, dan ianya sesekali tidak boleh malah tidak mampu dicapai oleh mana-mana manusia termasuk ahli tasawuf. 26
Said Nursi, Risalah Nur: Menjawab Yang Tak Terjawabkan, Menjelaskan Yang Tak Terjelaskan, terj. Sugeng Harriyanto (Jakarta: Murai Kencana, 2003), 26. 27 Selain Syeikh ‘Abdul Qadir al-Jailani (dari keturunan Hassan), Said Nursi juga sangat mengkagumi para pemimpin yang soleh dari keturunan Hussein, seperti Zainal ‘Abidin dan Ja’far al-Sadiq. Mereka merupakan pemimpin spritual tingkat tinggi yang menujauhi bid’ah dan menyebarkan cahaya al-Quran dan kebenaran iman. Pemikiran-pemikiran merekalah yang banyak memberi pegaruh dan kesan kepada kehidupan Said Nursi baik terhadap pemikirannya atau dakwahnya. 28 Beliau adalah seorang penyair berbangsa Kurdi yang dilahirkan pada tahun 1950M di Khan. Karangan beliau yang paling popular ialah Qissat Min Wazim dalam bahasa Kurdi. Karya yang berbentuk syair ini mula dicetak pada tahun 1954M, dan seterusnya diterjemahkan ke dalam pelbagai bahasa. Rujuk Badiuzzaman Said Nursi, Sejarah Perjuangan dan Pemikiran, 101. 29 Nursi, Badiuzzaman Said, The Letters (The Fifth Letter), terj. Şükran Vahide (Istanbul: Sozler Nesriyat, 2001), 40.
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“Sainthood is of three sorts: one is the ‘lesser sainthood,’ which is the wellknown sainthood. The others are the ‘middle sainthood’ and the ‘greater sainthood.’ ‘Greater sainthood’ is to open up by way of the legacy of prophethood a direct way to reality without entering the intermediate realm of Sufism.”30 Bahkan jika kita lihat, al-Sirhindī antara ulama Ahl al-Sunnah wa al-Jama’ah yang kuat menentang dan mengkritik golongan tasawuf, terutama dalam konsep wehdah al-wujud Ibn ‘Arabi, dan perkara-perkara bid’ah yang menyalahi sunnah yang sering dilakukan oleh kaum sufi. Ketegasan al-Sirhindī ini menarik minat Said Nursi untuk dijadikan modal dalam siri ceramahnya, dan turut dimuatkan dalam Rasail an-Nur. Lebih-lebih lagi wilayah Turki ketika itu amat kuat pengaruh tareqat dan tasawuf sehingga amalan-amalan yang bukan dari nabi didakwanya dari nabi. Mengulas isu ini, Said Nursi berkata, “Thus, like this comparison, the sainthood of prophethood and of the legacy of prophethood looks to the mystery of the unfolding of Divine immediacy. The other sainthood proceeds mostly on the basis of proximity, and is compelled to traverse numerous degrees in spiritual journeying.”31 Dalam masalah ini, Said Nursi menentang sebarang pegangan yang cuba meletakkan martabat sufi atau wali adalah boleh mencapai atau lebih tinggi daripada martabat nabi. Said Nursi menegaskan bahawa darjat kewalian tidak boleh menandingi kenabian mahupun martabah suhbah yang diperolehi oleh para sahabat Rasulullah s.a.w. Martabat Suhbah diperolehi hasil pergaulan yang intim bersama junjungan besar Rasulullah s.a.w yang mana ia tidak mungkin dicapai oleh martabat kewalian apatah lagi untuk mengatasinya. Apa yang dinyatakan Said Nursi di atas adalah benar kerana keyakinan yang salah ini akan membawa kepada tanggapan bahawa wirid-wirid tareqat itu lebih utama dari bacaan al-Quran, atau zikir-zikir yang diajarkan melalui sunnah Nabi s.a.w. Perkara ini telah awal lagi diperakui oleh Syeikh Imām al-Ghazālī, Imām al-Sirhindī, Ibnu Taimiyah dan ramai lagi, bahawa maqam dan darjat kenabian tidak boleh dicapai sesiapa pun, hatta bagi para al-sahabah yang paling dekat dengan nabi, wali-wali apatah lagi kaum sufi. Menurut ulama-ulama agung ini, mereka bersepakat menyatakan bahawa mengikuti sunnah Nabi s.a.w adalah lebih diterima Allah s.w.t daripada amalan seribu wirid dan akhlak khusus dalam tasawuf (yang tidak mempunyai sandaran dan dalil dari nabi). Suatu kefardhuan syariat pula tidak dapat ditandingi oleh seribu amalan sunat, dan satu amalan sunat yang diajarkan oleh Rasulullah s.a.w pula tidak boleh ditandingi oleh seribu amalan wirid tasawuf yang diasaskan oleh guru-guru tarekat.32 Rentetan dari faktor inilah Said Nursi dilihat cuba bersikap kritikal terhadap (sesetengah) golongan tasawuf. Mereka menurut Said Nursi perlu membetulkan kembali kaedah dan matlamat mereka dalam bertasawuf dan bertareqat sebagaimana yang dianjurkan oleh nabi kita. Bagi Said 30
Ibid. Ibid., 72. 32 Che Muhammad Bin Che Mat Zain, “Wali”, laman sesawang istananagaemas.blogspot.com, di capai pada 17 Jun 2012, http://istananagaemas.blogspot.com/2011/02/wali.html. 31
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Nursi, penumpuan terhadap pemantapan akidah umat, adalah lebih selamat bahkan terlebih penting dari jalan tasawuf dan tareqat. Malahan Said Nursi pernah menyatakan bahawa zaman ini bukanlah zaman tasawuf atau tareqat, bahkan zaman untuk menyelamatkan iman dan akidah umat, seiring apa yang diamanahkan oleh setiap nabi-nabi kepada pewaris mereka. Memetik kata-kata Said Nursi yang masyhur, yang di ambil dari kitab al-Maktūbāt, katanya: “Syurga tidak boleh dimasuki tanpa iman, sedangkan ramai manusia yang memasuki syurga tanpa tareqat dan tasawuf. Manusia tidak boleh hidup tanpa roti (makanan asas), namun manusia mampu hidup tanpa buah. Maka akidah dan iman adalah roti, manakala tasawuf dan tareqat adalah buah-buahan”33 Namun suka untuk dijelaskan di sini bahawa, sebagaimana jalan falsafah, Said Nursi juga mengambil pendekatan sederhana dengan menerima kehadiran tareqat dan tasawuf. Bukan semuanya institusi tasawuf ditolak bulat-bulat. Bahkan Said Nursi sendiri pada awalnya turut bertareqat. Cumanya sebagaimana yang diterangkan di atas, ianya perlulah seiring dengan etika sunnah nabawī, yang telah dirintis dan ‘dilakoni’ sendiri oleh baginda tanpa perlu bersikap ghuluw (melampau) dan berlebih-lebihan. Dan perlu diyakini bahawa apa pun level dan tingkatan kesufian, ia sesekali tidak mampu menyaingi atau mengatasi tingkat (darjat) kemulian para nabi-nabi Allah. Said Nursi menggambarkan hakikat ini dengan memetik kata-kata Imām al-Rabbānī yang berbunyi, “While traversing the degrees in my spiritual journeying, I saw the most brilliant, splendid, subtle, and sound among the levels of the saints to be those who took following the Practices of the Prophet (PBUH) as the basis of their way. Even the ordinary saints of that level appeared to be more splendid than the highest saints of the other levels.”34 KESIMPULAN Berdasarkan beberapa isu akidah (kenabian) yang dibincangkan, ternyata Said Nursi merupakan pengikut kumpulan Ahl al-Sunnah wa al-Jama’ah, yang berpegang pada mazhab alAsha’irah dalam persoalan akidah dan tauhid, serta mazhab al-Syafi’i dalam fiqh dan muamalah. Walaupun semasa kehidupan Said Nursi, beliau dikelilingi masyarakat pelbagai jenis fikrah, fahaman dan ideologi (masyarakat pada waktu itu tebal dengan sentimen sekularisme dan falsafah jalur keras, bahkan majoriti masyarakat muslim Turki waktu itu adalah berpegang dengan mazhab Hanafi dan Hambali), namun ianya tidak mampu menggoyah pegangan dan keyakinan Said Nursi terhadap apa yang dipercayainya. Pendirian tegas Said Nursi ini jelas menunjukkan bahawa Said Nursi bukanlah seorang tokoh yang mudah terikut-ikut dengan pengaruh persekitaran, sebagaimana ulama-ulama beraliran falsafi, yang menurut imam al-Ghazali, dipengaruhi oleh pemikiran falsafah Barat pada waktu itu.
33
Mohamad Zaidin Bin Mat, Badiuzzaman Said Nursi Sejarah Perjuangan dan Pemikiran (Bangi: Jabatan Pengajian Arab dan Tamadun Islam, Fakulti Pengajian Islam, Universiti Kebangsaan Malaysia, 2003), 78. 34 Nursi, Badiuzzaman Said, The Flashes Collection (The Eleventh Flash), terj. Şükran Vahide (Istanbul: Sozler Nesriyat, 2004), 81.
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Cuma yang menarik dan bezanya dengan tokoh yang lain ialah, Said Nursi dilihat cenderung dalam menelusuri dan meneladani ulama-ulama yang beraliran sufi, baik dalam gaya fikir, atau gaya hidup. Sama ada beliau terpengaruh dengan persekitaran (ketika itu Turki masyhur dengan gerakan sufism yang dipolopori oleh beberapa orang tokoh tasawuf seperti Jamal al-Din al-Rumi, dan sebagainya), atau pun memang itu kehendak dan keinginan Said Nursi berdasarkan keyakinannya, hanya beliau yang lebih mengetahui. Cuma yang perlu diketahui, Said Nursi tidak pernah ‘terikat’ dengan mana-mana kumpulan, baik dari kaum sufi (tasawuf), mahupun falsafi (falsafah). Jika beliau dikaitkan dengan kaum sufi, beliau pernah mengkritik aliran tersebut. Jika dikatakan beliau tokoh falsafah, beliau juag selalu mengkritiknya. Begitulah jua yang lainnya. Pendek kata, penulis melihat pegangan beliau adalah pada jalan pertengahan atau wasatiyyah. Perkara ini cukup penting agar seorang yang bergelar mujaddid (tokoh perubaharuan) itu dilihat sentiasa releven dan kreatif dalam membawa risalah kenabian, agar mudah diterima oleh masyarakat secara seluruhnya. Ianya ternyata bertepatan sebagaimana yang dianjurkan oleh junjungan besar nabi kita kepada golongan al-sahabah, al-tabi’in, al-tabi’ tabi’in, dan seterusnya. Sikap dan pandangan yang sempit lagi keras tentunya menjauhkan lagi mad’u kita dalam siri kerangka dakwah. Maka tentunya sikap yang terdapat pada Said Nursi ini dituntut kepada setiap ulama, sebagaimana kepercayaan yang terlah diberikan oleh nabi kepada mereka, iaitu sebagai pewaris nabi-nabi dalam menyampaikan risalah Islam yang suci ini.
RUJUKAN Al-Nursi, Badi’ al-Zaman Sa’id, al-Kalimat, terj. Ihsan Qasim al-Salihi (Istanbul: Sharikat Suzlar li al-Tiba’ah, 1995) ‘Abdul Rahim, The Principle of Muhammad s.a.w Jurisprudence: According to the Hanafi, Maliki, Syafi’I and Hambali Schools. Lahore: t.p, t.t. Al-Būti, Sa’id Ramadān, “Bediuzzaman Said Nursi’s Experience of Serving Islam by Means of Politics” (makalah, Seminar Badiuzzaman Said Nursi, Peringkat Antarabangsa kali ke3, Istanbul, 24-26 September 1995). Badiuzzaman Said Nursi, The Words, terj. Sukran Vahide (Istanbul: Sozler Publication, 2008) Bilal Kuspinar, “Nursi’s Evaluation of Sufism” (makalah, Seminar Badiuzzaman Said Peringkat Antarabangsa kali ke-3, Istanbul, 24-26 September 1995).
Nursi,
Fauzan Saleh, "Is Prophethood Superfluous? Conflicting Outlook on the Necessity of Prophethood between Badiuzzaman Said Nursi and Some Muslim Philosophers" (kertas kerja, Seminar Badiuzzaman Said Nursi, Peringkat Antarabangsa kali ke-10, Istanbul, 22-24 September 2013). Haerudin, S.S, “Teori Kenabian al-Farabi,” Jurnal Ilmiah Nady al-Adab 3, (Indonesia: Universitas Hasanuddin, 2006)
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Husni Zayneh, al-aql ‘Inda al-Mu’tazilah: Tasawwur al-‘Aql ‘Inda al-Qadi ‘Abd. AlJabbar, cet. II. Beirut: Dar al-‘afaq al-Jadidah, 1980. Ibn Al-‘Arabī, Abū Bakr Muhammad bin ‘Abdullah, Ahkām al-Qurān, tahqiq ‘Ali Muhammad al-Bajawi, cet. 1. Mesir: Dar Ihya’ al-Kutub al-‘Arabiyyah, 1957. Ibrahim Madkour, Fi al-falsafah al-Islamiyyah: Manhaj Wa Tathbiquh, jil. I & II (Mesir: Dar al-Ma'arif, 1976), 1: 87 Majid Fakhry, A History of Islamic Philosophy. New York: Columbia University Press, 1983. Majid Fakhry, A Short Introduction to Islamic Philosophy, Theology and Mysticism (Oxford: Oneworld, 1997) Mohamad Zaidin Bin Mat, Badiuzzaman Said Nursi Sejarah Perjuangan dan Pemikiran (Bangi: Jabatan Pengajian Arab dan Tamadun Islam, Fakulti Pengajian Islam, Universiti Kebangsaan Malaysia, 2003) Nursi, Badiuzzaman Said, The Letters (The Fifth Letter), terj. Şükran Vahide (Istanbul: Sozler Nesriyat, 2001) Nursi, Badiuzzaman Said, The Letters (The Twenty Fourth Letter), terj. Şükran Vahide (Istanbul: Sozler Nesriyat, 2001) Nursi, Badiuzzaman Said, The Flashes Collection (The Eleventh Flash), terj. Şükran Vahide (Istanbul: Sozler Nesriyat, 2004) Nursi, Badiuzzaman Said, The Words Collection (Thirteenth Word), terj. Şükran Vahide (Istanbul: Sozler Nesriyat, 2004) Prof. Dr. Adem Kilicman, “Sedutan Perbahasan Dalam Rasael An-Nur”, makalah forum Badiuzzaman Said Nursi (Serdang: Universiti Putra Malaysia, t.t.) Said Nursi, Perbahasan ‘Ana’ (Aku) dan Zarah’, terj. Anuar Fakhri Omar (Terengganu: Percetakan Yayasan Islam Terengganu Sdn. Bhd., 1999) Said Nursi, Risalah Nur: Menjawab Yang Tak Terjawabkan, Menjelaskan Yang Tak Terjelaskan, terj. Sugeng Harriyanto (Jakarta: Murai Kencana, 2003) Syeikh Abū Hassan ‘Ali Nadwī, Konsep Kenabian, terj. Noorzila Jamaluddin dan Aliah Abdul Rahim. Kuala Lumpur: Penerbitan Pustaka Antara, 1990. Syeikh al-Hillī, al-Hassan bin Yūsuf bin ‘Alī bin al-Muntahar, al-Bāb al-Hādi ‘Asyar, W.M Miller. London: t.p., 1958.
terj.
Syeikh Ahmad Sirhindī, Maktūbāt Imām Rabbānī. Turki: Maktabah Hakikah bi Syari’,
2002.
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‘Umar Sulaiman al-Asyqar, al-Rasūl wa al-Risālāt, cet. 2. Quwait: Maktabah al- Falah, 1985. Urkhan Muhammad ‘Alī, Sa’id al-Nursi Rajul Al-Qadr Fī Hayāt Ummah. Istanbul: Syarikat al-Nasl li al-Tiba’ah, 1995. Wan Jaffree Wan Sulaiman, Mujaddid Islam Sheikh Bediuzzaman Said Nursi. Shah Alam: Penerbitan Hizbi, 1987. Wan Zailan Kamaruddin Bin Wan Ali, “Konsep Al-Nubuwwah Dalam al-Quran,” Disertasi sarjana, Fakulti Sastera dan Sains Sosial, Universiti Malaya, 1990. Yusuf al-Qaradawi, “Mukjizat-Mukjizat Nabawiah-Pendapat Diantara Orang-Orang Yang Keterlaluan Dan Ceroboh” terj. Risalah Gusti, cet. ke-2 (Artikel Fatawa Qardhawi, Surabaya: Penerbit Risalah Gusti, 1996).
Sumber Internet Abd Rasyid bin Idris, “Konsep Kenabian Dalam Perbahasan Aliran Falsafah al-Masya’yyah”, laman sesawang aris.protajdid.com di capai pada 9 Disember 2012, http://aris.protajdid.com/?p=45. Abd. Rasyid bin Idris, “Konsep Kenabian Dalam Perbahasan Aliran Falsafah al- Masya’yyah”, laman sesawang aris.protajdid.com, di capai pada 9 Disember 2012, http://aris.protajdid.com/?p=45. Che Muhammad Bin Che Mat Zain, “Wali”, laman sesawang istananagaemas.blogspot.com, di capai pada 17 Jun 2012, http://istananagaemas.blogspot.com/2011/02/wali.html.
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KEPERLUAN DALAM PEMBANGUNAN INDEKS PATUH SYARIAH DALAM BIDANG PENGUBATAN ALTERNATIF ISLAM Khadher Ahmad Jabatan al-Quran dan al-Hadith, Akademi Pengajian Islam, Universiti Malaya, KL.
[email protected] Abstrak Indeks Patuh Syariah merupakan satu kaedah pengukuran saintifik yang digunakan untuk mengukur dan menilai tahap kepatuhan sesuatu program atau usaha yang dijalankan sama ada menepati piawaian Islam serta mengenalpasti ruang pembaikan yang perlu diberi fokus bagi memenuhi keseluruhan Maqasid Syariah. Bidang pengubatan alternatif Islam adalah salah satu daripada bidang baru berkaitan dengan aspek penjagaan kesihatan bagi kesejahteraan masyarakat. Sehingga hari ini, belum ada satu piawaian yang dibangunkan dalam menilai tahap kepatuhan syariah dalam bidang ini. Artikel ini bertujuan untuk menjelaskan beberapa faktor keperluan kepada pembangunan Indeks Patuh Syariah Pengubatan Alternatif Islam di Malaysia memandangkan perkembangan dan pertumbuhan pusat rawatan berasaskan rawatan alternatif Islam ini sangat pesat dan mereka bebas menawarkan dan menjalankan operasi rawatan tanpa ada satu penyelarasan serta kawal selia dari pihak berwajib. Melalui analisis deduktif, data-data yang bersifat khusus dihuraikan, dibincangkan dan dilakukan analisis sehingga dapat menzahirkan faktor-faktor kepada keperluan dalam pembangunan indeks patuh syariah ini. Hasil penelitian mendapati bahawa terdapat enam (6) faktor keperluan iaitu [1] Membendung gejala syirik dan membetulkan tauhid (akidah); [2] Penyeragaman dalam pengendalian pusat rawatan alternatif Islam; [3] Memudahkan kawalan dan penyeliaan pihak berwajib; [4] Membendung penyelewengan dalam kaedah rawatan; [5] Memastikan kelangsungan pengubatan alternatif Islam dalam masyarakat; dan [6] Menjamin keselamatan dan kesejahteraan masyarakat dari pelbagai penyelewengan yang menyimpang. Kata kunci: Indeks Syariah, Pengubatan Islam, Pengubatan Alternatif Islam, Malaysia.
Pengenalan Menurut portal rasmi Bahagian Perubatan Tradisional dan Komplementari Kementerian Kesihatan Malaysia (KKM), “pengubatan Islam” didefinisikan sebagai suatu ikhtiar penyembuhan penyakit jasmani dan rohani oleh seorang Islam yang mahir dalam kaedah rawatan dengan menggunakan al-Quran atau hadith, atau amalan Salaf al-Soleh, atau ulama’ mu‘tabar, atau kesemuanya sekali serta menggunakan kaedah-kaedah atau bahan-bahan yang dibenarkan syara’.1 Pada masa kini, pengubatan Islam telah mendapat tempat serta perhatian serius daripada semua pihak. Masyarakat semakin terbuka dalam menerima kehadiran dan keberadaan pengubatan Islam dengan tidak menafikan peranan hospital, klinik dan pusat kesihatan dalam rawatan dan penjagaan kesihatan. Manakala, pihak kerajaan melalui jabatan agama turut mengambil perhatian terhadap perkembangan pengubatan Islam walaupun masih tiada keseragaman berbentuk menyeluruh dalam perlaksanaannya. Skop dan Metodologi Pengubatan alternatif Islam dianggap penting untuk kajian atas pelbagai isu, antaranya; [Pertama]: perkembangan pesat pusat rawatan berasaskan pengubatan alternatif Islam, [Kedua]: kemunculan pengamal dan perawat dari pelbagai latar belakang yang menjadikan agama sebagai tiket utama, 1
“Amalan Pengubatan Islam”, laman sesawang Portal Rasmi Bahagian Perubatan Tradisional dan Komplementari, dicapai pada 31 Julai 2016, http://tcm.moh.gov.my/v4/bmelayu/modules/mastop_ publish/?tac=38.
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[Ketiga]: kewujudan pelbagai kaedah dan pendekatan rawatan, tidak terkecuali ada yang meragukan atau dilarang syariat, [Keempat]: modus operandi berasaskan perniagaan dan mengaut keuntungan berlebihan, [Kelima]: kebebasan bergerak dan penawaran perkhidmatan tanpa kawalan, [Keenam]: penghasilan produk dan bahan rawatan yang tiada jaminan keselamatan dari sudut kepenggunaan, dan [Ketujuh]: ketiadaan penyelarasan dari setiap negeri dalam aktiviti kawal selia. Melihatkan polemik ini, indeks pengukuran patuh syariah dalam bidang pengubatan alternatif Islam wajar direalisasikan. Menyedari kepentingannya, artikel ini bertujuan mengetengahkan keperluan terhadap pembangunan indeks patuh syariah bagi pengubatan alternatif Islam di Malaysia. Berdasarkan pendekatan analisis data secara campuran (mixed method) berasaskan kajian bersifat kualitatif, kajian ini telah mengenal pasti indikator-indikator yang diperkirakan sesuai yang boleh memberikan maklumat secara maksimum mengenai pengubatan alternatif Islam di Malaysia. Seterusnya berasaskan indikator-indikator tersebut, satu indeks patuh syariah pengubatan alternatif Islam bakal dibangunkan bagi mengukur tahap patuh syariah pengubatan alternatif Islam semasa di samping dapat digunakan untuk tujuan penyediaan dasar, perancangan pelaksanaan penyelidikan pada masa akan datang, pembangunan program dan perkhidmatan baru. Bahkan penghasilan indeks patuh syariah mampu mengukur kejayaan, keupayaan, kelemahan dan potensi Malaysia dalam bidang pengubatan alternatif Islam.
Indeks Patuh Syariah Indeks Patuh Syariah Malaysia telah diumumkan oleh Perdana Menteri Malaysia, Dato' Sri Haji Mohammad Najib bin Tun Haji Abdul Razak pada 10 Februari 2016 berperanan sebagai satu kaedah pengukuran yang saintifik dan menyeluruh bagi menentu ukur kedudukan kerajaan dalam menjalankan pentadbiran negara berdasarkan prinsip asas Islam iaitu Maqasid Syariah. Lima elemen utama dalam Maqasid Syariah iaitu pemeliharaan agama, nyawa, akal, keturunan dan harta merupakan kayu ukur utama yang akan digunakan untuk mengukur lapan bidang utama pentadbiran negara. Lapan bidang tersebut ialah perundangan Islam, politik, ekonomi, pendidikan, kesihatan, buaya, prasarana dan persekitaran serta sosial. Menurut Hashim Yahya, Indeks Patuh Syariah Malaysia merupakan satu kaedah pengukuran saintifik yang menepati dua fungsi penting: [Pertama]; menilai keseriusan usaha dari tahun ke tahun dalam menepati piawaian Islam berkaitan dasar dan program kerajaan. [Kedua]; mengenal pasti ruang-ruang pembaikan yang perlu diberi fokus oleh kerajaan agar rakyat dalam menerima lebih banyak manfaat, hasil dari penerapan nilai-nilai sejagat dalam Islam.2
2
Hashim Yahya, “Sekuriti-Sekuriti yang Diluluskan Syariah: Kriteria dan Pendekatan” (kertas kerja Persidangan Tahunan Pegawai Syariah kali ke-4, Hotel Renaissance, Kota Bharu, Kelantan, 25 Ogos 2002).
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Kriteria patuh syariah distrukturkan berdasarkan kepada dua sumber iaitu sumber utama (al-Quran dan Hadith) dan sumber sokongan (Ijma’, Qiyas, Maslahah, Istihsan, Sadd Zari’ah, ‘Urf, Maqasid Syari’ah, Siyasah Syar’iyyah, Ta’wil, Istiqra’ dan Talfiq) serta manhaj penyelidikan yang merangkumi pembangunan, pengembangan dan pengukuran parameter indeks.3 Bagi merealisasikan hasrat dan kesungguhan pihak kerajaan untuk melahirkan satu produk pelengkap tadbir urus Islam di Malaysia, pengukuran patuh syariah terhadap pengubatan alternatif Islam perlu dilaksanakan sejajar dengan salah satu bidang tumpuan utama dalam pentadbiran negara iaitu kesihatan. Pengukuran saintifik tersebut boleh dinamakan sebagai “Indeks Patuh Syariah Pengubatan Alternatif Islam.” Matlamat Indeks Patuh Syariah Pengubatan Alternatif Islam Terdapat empat matlamat indeks patuh syariah pengubatan alternatif Islam di Malaysia iaitu: 1- Sebagai penanda aras bagi mengukur tahap signifikan patuh syariah pengubatan alternatif Islam. 2- Menyediakan input bagi pembentukan atau menggubal polisi dan dasar dalam bidang pengubatan di Malaysia khususnya pengubatan alternatif Islam. 3- Memandu pembentukan pelan tindakan bagi menambahbaik atau meningkatkan kewibawaan institusi atau pusat pengubatan alternatif Islam. 4- Sebagai indikator bagi mengukur pencapaian patuh syariah pengubatan alternatif Islam di Malaysia Objektif Pembangunan Indeks Patuh Syariah Sebelum boleh direalisasikan kewujudan indeks patuh syariah pengubatan alternatif Islam, terlebih dahulu perlu kepada aspek pembangunan secara empirikal. Bagi mencapai tujuan, empat objektif utama telah ditetapkan, iaitu: 1. Membina satu set indikator bagi mengukur patuh syariah pengubatan alternatif Islam. 2. Menganalisa patuh syariah pengubatan alternatif Islam berdasarkan set indikator yang telah dibangunkan. 3. Menghasilkan “Indeks Patuh Syariah Pengubatan Alternatif Islam”. 4. Mengemukakan cadangan kepada pihak Kerajaan bagi meningkatkan tahap kepatuhan syariah bagi pengubatan alternatif Islam. Proses Pembangunan Indikator Patuh Syariah
3
Mohd Yahya Mohd Hussin, Joni Tamkin Borhan, “Analisis Perkembangan Pasaran Saham Islam di Malaysia”, Jurnal Syariah, 17 (3), 2009, 431-456.
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Dalam proses membangunkan set indikator, kajian ini menggunakan tiga pendekatan utama iaitu tinjauan literatur, perbincangan kumpulan berfokus (PKF) dan kajian rintis. Tinjauan literatur dilakukan terhadap kajian lepas yang pernah dilakukan daripada tahun 2012.4 Berdasarkan tinjauan tersebut, didapati indeks patuh syariah pengubatan Islam adalah satu konsep multi-dimensi yang merangkumi tujuh elemen utama, iaitu: [Pertama] pusat pengubatan alternatif Islam, [Kedua] pengasas, [Ketiga] kaedah rawatan, [Keempat] bayaran perkhidmatan, [Kelima] bahan rawatan, [Keenam] perawat dan, [Ketujuh] pesakit. Domain yang dikenalpasti telah dibincangkan dalam dua siri PKF merangkumi PKF formal yang terdiri daripada ahli akademik, agensi kerajaan dan badan bukan kerajaan (NGO). Manakala PKF tidak formal terdiri daripada orang awam yang terpilih. Respon daripada PKF yang ditranskripsi, ditafsir dan disahkan dengan sorotan literatur akan dijadikan asas dalam pengemaskinian domain dan indikator kajian.5 Seterusnya, indikator tersebut diuji dalam kajian rintis yang dilakukan ke atas 250 pusat pengubatan alternatif Islam seluruh Malaysia. Berdasarkan keputusan kajian rintis, beberapa perubahan akan dilakukan terhadap soalan selidik termasuklah memperincikan lagi indikator yang digunakan. Hasilnya untuk mengukur tahap patuh syariah pengubatan alternatif Islam di Malaysia, kajian perlu memaksimumkan capaian maklumat daripada tujuh domain yang menjadi dasar kajian. Domain Patuh Syariah Pengubatan Alternatif Islam Berdasarkan sorotan kajian lepas, sebanyak tujuh domain telah dikenal pasti bagi tujuan pembangunan indeks patuh syariah pengubaran altenatif Islam iaitu; [1] Domain pusat pengubatan alternatif Islam, [2] Domain pengasas pusat rawatan, [3] Domain kaedah rawatan, [4] Domain bayaran perkhidmatan, [5] Domain bahan rawatan, [6] Domain perawat dan, [7] Domain pesakit. Berikut dinyatakan perincian setiap domain: [Pertama]: Domain Pusat Pengubatan Alternatif Islam Domain ini merujuk kepada pusat pengubatan alternatif Islam yang didefinisikan sebagai suatu tempat yang menjalankan kegiatan merawat dan menyediakan perkhidmatan rawatan penyakit serta menjadi tumpuan orang ramai untuk mendapatkan perkhidmatan tersebut. Perkhidmatan rawatan pula dijalankan berlandaskan lunas-lunas Islam.6
4
Khadher Ahmad, “Analisis Hadith-Hadith Mengenai Rawatan Sihir Dalam al-Kutub al-Sittah: Aplikasi di Pusat Rawatan Islam di Malaysia”. (Tesis PhD, Jabatan al-Quran dan al-Hadith, Akademi Pengajian Islam, Universiti Malaya, Kuala Lumpur), 182.
5
Geran penyelidikan UMRG bernombor: RG419-12HNE iaitu “Pusat Rawatan Alternatif Berteraskan al-Quran dan al-Sunnah: Kajian Di Malaysia” yang diketuai oleh Dr. Khadher Ahmad dari Universiti Malaya.
6
Khadher Ahmad, “Analisis Hadith-Hadith Mengenai Rawatan Sihir Dalam al-Kutub al-Sittah: Aplikasi Kaedah Rawatan Islam di Pusat Rawatan Islam di Malaysia”, (Tesis PhD, Jabatan al-Quran dan al-Hadith, Akademi Pengajian Islam, Universiti Malaya, Kuala Lumpur), 191.
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Domain ini mengandungi lima indikator iaitu kategori, tempat penubuhan, faktor penubuhan, pengurusan operasi dan perkhidmatan rawatan. 1. Kategori Pengkelasan pusat pengubatan alternatif Islam berdasarkan kepada penggunaan ruqyah syar‘iyyah, amalan bekam, rawatan berasaskan aura (batin) dan lain-lain. 2. Tempat penubuhan Lokasi premis atau pusat rawatan yang beroperasi dalam mengendalikan khidmat rawatan penyakit. 3. Faktor penubuhan Faktor utama yang mendorong pengasas menubuhkan atau membuka pusat rawatan. 4. Pengurusan operasi Anggota atau ahli jawatankuasa yang bertanggungjawab dalam pengurusan dan pentadbiran pusat pengubatan alternatif Islam serta menguruskan hal-hal berkaitan pusat rawatan. 5. Perkhidmatan rawatan Bentuk perkhidmatan rawatan yang disediakan oleh pusat pengubatan alternatif Islam atau kaedah rawatan yang dipraktikkan. [Kedua]: Domain Pengasas Domain pengasas merujuk kepada individu atau sekumpulan orang yang mengasaskan dan memulakan pertubuhan pusat pengubatan alternatif Islam serta mengetuai operasi pusat rawatan tersebut. Terdapat empat indikator yang terkandung di dalam domain ini merangkumi umur, latar belakang pendidikan, sumber ilmu pengubatan dan penglibatan dalam pengubatan. 1. Umur Peringkat umur yang menjadi kayu ukur kepada pengalaman pengasas pusat pengubatan alternatif Islam dalam bidang ilmu pengubatan Islam. 2. Latar Belakang Pendidikan Tahap pendidikan yang diterima oleh pengasas pusat pengubatan alternatif Islam. 3. Sumber Ilmu Pengubatan Sumber asal perolehan ilmu berkaitan pengubatan Islam. 4. Penglibatan Dalam Pengubatan Keterlibatan pengasas dalam mengendalikan pusat rawatan sama ada secara sepenuh masa atau separuh masa. [Ketiga]: Domain Kaedah Rawatan Domain kaedah rawatan adalah penting dalam mengukur pendekatan atau metodologi rawatan penyakit yang digunakan semasa merawat pesakit. Domain ini mengandungi tiga indikator iaitu tempat rawatan, prosedur rawatan dan kaedah rawatan utama.
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1. Tempat rawatan Ruangan khusus yang digunakan sebagai tempat rawatan semasa melakukan proses merawat pesakit. 2. Prosedur Rawatan Amalan kerja yang dijalankan oleh perawat sebelum, semasa dan selepas proses rawatan. 3. Kaedah utama rawatan Metode pengubatan yang diutamakan oleh pusat rawatan dalam merawat penyakit. [Keempat]: Domain Bayaran Perkhidmatan Domain bayaran perkhidmatan merujuk kepada sejumlah wang atau penghargaan yang dibayar oleh pesakit yang telah menerima rawatan di pusat pengubatan alternatif Islam. Domain ini mengandungi empat indikator iaitu yuran pendaftaran, upah khusus, bayaran produk dan bayaran lain-lain. 1. Yuran Pendaftaran Wang yang dibayar kepada pusat rawatan semasa pesakit mendaftar nama sebelum menerima rawatan. 2. Upah Khusus Wang yang dibayar atas dasar upah kepada pihak tertentu dalam pusat rawatan semasa proses rawatan. 3. Bayaran Produk Wang yang dibayar khusus untuk kos produk yang diberikan kepada pesakit yang telah menerima rawatan di pusat pengubatan alternatif sebagai ubat atau supplement bagi mengubati penyakit yang dihidapi. 4. Bayaran lain-lain Wang yang dibayar oleh pesakit selain yuran pendaftaran, upah khusus dan harga produk kepada pusat rawatan. [Kelima]: Domain Bahan Rawatan Domain ini merujuk kepada sebarang bahan atau peralatan yang digunakan sebelum, semasa dan selepas proses merawat dijalankan. Domain ini mengandungi empat indikator iaitu jenis bahan, cara penggunaan bahan, jenis peralatan dan cara menggunakan peralatan. 1. Jenis Bahan Bahan yang digunakan dalam proses rawatan penyakit sama ada dibenarkan atau sebaliknya. 2. Cara Penggunaan Bahan Kaedah dan pendekatan menggunakan bahan-bahan semasa proses rawatan penyakit.
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3. Jenis Peralatan Peralatan yang digunakan sama ada terjamin kebersihan dan dianjurkan oleh syara’. 4. Cara Penggunaan Peralatan Kaedah dan praktikal mengendalikan peralatan-peralatan sebelum, semasa dan selepas proses rawatan penyakit dijalankan oleh pusat rawatan. [Keenam]: Domain Perawat Domain ini merujuk kepada individu atau sekumpulan orang yang melakukan proses merawat penyakit. Terdapat dua [2] indikator yang mengukur domain ini iaitu tahap pendidikan dan sumber ilmu pengubatan. 1. Tahap Pendidikan Peringkat tertinggi pendidikan agama yang diterima oleh perawat sehingga sekarang. 2. Sumber Ilmu Pengubatan Sumber asal perolehan ilmu pengubatan Islam. [Ketujuh]: Domain Pesakit Domain pesakit merujuk kepada individu yang ditimpa sesuatu penyakit dan mengunjungi manamana pusat pengubatan alternatif Islam di seluruh Malaysia bagi mengubati penyakit yang menimpanya. Terdapat dua indikator yang mengukur domain pesakit iaitu jenis penyakit dan tahap kesembuhan. 1. Jenis Penyakit Kategori atau jenis penyakit yang dihadapi oleh pesakit sama ada penyakit fizikal, psikologi, gangguan mistik dan lain-lain. 2. Tahap Kesembuhan Peringkat perubahan positif bagi kesihatan pesakit selepas tempoh menerima rawatan di pusat pengubatan alternatif Islam. Metodologi Kajian Indeks Patuh Syariah Pengubatan Alternatif Islam Kajian ini akan dijalankan ke atas 250 pusat pengubatan alternatif Islam yang melibatkan 1,250 orang responden, yang terdiri daripada 250 orang pengasas pusat pengubatan alternatif Islam dan 1,000 orang pesakit yang mengunjungi pusat pengubatan alternatif Islam seluruh Malaysia. Pembangunan indeks patuh syariah pengubatan alternatif Islam memfokuskan kepada tahap patuh syariah di mana setiap responden diminta untuk memberi penilaian mengenai aspek-aspek tertentu berkaitan pengubatan alternatif Islam yang pernah diasaskan atau dikunjungi mereka. Indeks patuh syariah pengubatan alternatif Islam menggunakan skor 10 sebagai skor maksimum dan semakin menurun menurut turutan nombor. Semakin tinggi nilai skor yang diperolehi, maka semakin baik tahap patuh syariah pengubatan alternatif Islam. Bagi mendapatkan indeks patuh
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syariah pengubatan alternatif Islam, purata skor bagi semua tujuh domain akan dikira. Skor domain diperolehi melalui purata skor bagi semua indikator yang terdapat dalam sesuatu domain. Kesimpulan Berdasarkan perbincangan di atas, indeks patuh syariah dalam pengubatan Islam adalah satu keperluan. Indeks tersebut boleh menjadi satu produk pelengkap tadbir urus Islam di Malaysia khususnya dalam bidang kesihatan, yang mempunyai nilai-nilai perintis kerana bersifat menyeluruh, komprehensif dan yang pertama seumpamanya di dunia. Hasilnya, kerajaan Malaysia, KKM, GAPPIMA dan semua pihak terlibat boleh mengenalpasti dan memilih jenis-jenis usaha yang perlu digerakkan bagi mencapai indeks patuh syariah tertinggi. Oleh itu, tahap kepatuhan syariah pengubatan alternatif Islam di Malaysia bakal meningkat seiring penilaian skor indeks patuh pengubatan alternatif Islam yang bakal dilaksanakan. Selain itu, antara cadangan untuk meningkatkan tahap kepatuhan syariah pengubatan alternatif Islam di negara ini adalah berikut: [Pertama]: Pengiktirafan oleh kerajaan Malaysia. Pihak Kerajaan Malaysia perlu memberikan pengiktifan kepada pusat rawatan patuh syariah yang turut memainkan peranan dalam membantu mengubati penyakit sebagaimana yang diberikan kepada pusat-pusat perubatan moden. [Kedua]: Pengendalian dan operasi. Pusat-pusat pengubatan alternatif Islam perlu dinilai dan diaudit dari sudut pengurusan dan pengendalian operasi premis oleh pihak tertentu yang diiktiraf oleh kerajaan. Usaha ini dapat menggabungkan pusat-pusat pengubatan alternatif Islam di bawah satu penyeragaman yang menyeluruh dari sudut operasi. [Ketiga]: Penetapan bercirikan metode rawatan yang dibenarkan. Satu garis panduan khusus dalam rawatan penyakit perlu diwujudkan dan diseragamkan secara kolektif. Garis panduan ini perlu menetapkan ciri-ciri pendekatan atau kaedah berdasarkan alQuran, Sunnah dan yang dibenarkan Syara’. Mana-mana pusat pengubatan yang mempraktikkan selain rawatan yang telah ditetapkan boleh disabitkan kesalahan. [Keempat]: Penetapan garis panduan dalam penentuan bahan rawatan yang dibenarkan. Perincian perlu dilakukan terhadap bahan-bahan rawatan yang dibenarkan oleh Syara’ dalam garis panduan pengubatan Islam supaya dapat dijadikan rujukan utama. [Kelima]: Penetapan garis panduan terhadap ruqyah atau bacaan dalam rawatan. Panduan bagi pengubatan berasaskan ruqyah perlu dibuat satu penetapan (panduan) dan diperincikan seperti perincian kepada aspek jenis, cara praktik, orang yang mempraktikkannya dan sebagainya. [Keenam]: Penetapan ciri-ciri umum sesuai dengan terma atau nama “Rawatan Islam”.
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Ciri-ciri umum termasuklah perkara-perkara yang menyentuh mengenai kedudukan aurat, sentuhan, mahram dan lain-lain yang melibatkan hubungan antara pesakit dan perawat. Penghargaan Artikel ini adalah salah satu daripada hasil penyelidikan dalam Fundamental Research Grant Scheme (FRGS) di bawah projek “Indeks Patuh Syariah Pengubatan Alternatif Islam Di Malaysia” yang bernombor FP025-2015A Rujukan Esther Walcott. “Seni Pengobatan Alternatif Pengetahuan dan Persepsi”, Kerja Kursus Program Australian Consortium for In Country Indonesia Studies (ACICIS), Malang, Indonesia: Universitas Muhammadiyyah, 2004. Hashim Yahya. “Sekuriti-Sekuriti yang Diluluskan Syariah: Kriteria dan Pendekatan”, kertas kerja Persidangan Tahunan Pegawai Syariah kali ke-4, Hotel Renaissance, Kota Bharu, Kelantan, 25 Ogos 2002. Jabatan Kemajuan Islam Malaysia (JAKIM), “Indeks Syariah Malaysia: Model Tadbir Urus Berteraskan Maqasid Syariah.” Putrajaya, Jabatan Kemajuan Islam Malaysia, 2015. Khadher Ahmad, Abdullah Yusuf & Mohd Farhan Md Ariffin, “Hala Tuju Pengubatan Alternatif Berteraskan Islam di Malaysia: Kajian Persepsi Pengamal Perubatan”, Jurnal al-Basirah 4 (4) (Nov 2014): 109-134. Khadher Ahmad, Fauzi Deraman, Sedek Ariffin, Mohd Afifuddin Mohamed. “Keperluan Dakwah Kepada Pesakit Di Pusat Rawatan Islam: Analisis Terhadap Peranan Pengamal Dan Perawat”, dalam Yusmini Md Yusoff et.al. Isu-Isu Media dan Dakwah. Kuala Lumpur: Akademi Pengajian Islam, Universiti Malaya, 2015. 367-380 Khadher Ahmad, Mohd Farhan Md Ariffin & Ishak Suliaman, “Pusat Rawatan Alternatif Islam di Malaysia: Analisis terhadap Latar Belakang Pengasas dan Isu Penggunaan Jin dalam Rawatan”, Jurnal Usuluddin 40 (Julai-Disember 2014): 71-98 Khadher Ahmad, Mohd Farhan Md Ariffin, Abdullah Yusof, Sedek bin Arifin. “Penyakit Spiritual, Fizikal Dan Mental Yang Dirawat Di Pusat Perubatan Alternatif Islam Di Malaysia: Satu Analisis” dalam Islam & Ketamadunan Melayu: Kemasyarakatan Dan Isu Semasa. Kuala Lumpur: Akademi Pengajian Islam, Universiti Malaya, 2014. 455-464. Khadher Ahmad. “Analisis Hadith-Hadith Mengenai Rawatan Sihir Dalam al-Kutub al-Sittah: Aplikasi di Pusat Rawatan Islam di Malaysia.” Tesis Kedoktoran, Jabatan al-Quran & al-Hadith, Akademi Pengajian Islam, Universiti Malaya, Kuala Lumpur, 2012.
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RELIGIOUS THOUGHTS OF SIR SAYYID AHMAD KHAN (1817-1898): AN ANALYTICAL STUDY Dr. Sayyid Mohammad Yunus Gilani1 Abdullah Al Masud2 Abstract Sir Sayyid Ahmad Khan (1817-1898) was a dynamic force against conservatism, superstition and inactivity which make him unparallel figure to reinterpret Islamic concepts during 19th century in the Indian subcontinent. He was a pioneer modernist among Muslim scholars who played a dynamic and significant role to restructure the interpretation of Islam in modern world. This paper will attempt to analyze Sir Sayyid Ahmad Khan’s response to religious thoughts and discuss his endeavors in order to reform Islamic religious concepts. This paper will show his religious thoughts are relevant to modern concepts which represent Islam as moderate, progressive and dynamic religion. Thus, his thoughts bring Islam and modernity together which inspire Indian Muslims to emerge again. Keywords: religious thoughts, Islam, Ijtihad, Khilafat, reform.
INTRODUCTION Sir Sayyid Ahmad Khan (1817-1898) was a social reformer, theologian, journalist, Islamic modernist, scholar and writer, renowned personality and creative thinker. He had to struggle with traditional thinking of Muslim society, to motivate people to new thinking on contemporary issues and uphold Islam as a dynamic religion in order to construct “modernist, enlightened, just, forward-looking, and life-affirming Muslim societies” (Hasan, 2009:161). He greatly contributed many essential elements to the resurgence of Islam in modern India. He interpreted Islam in a rational, scientific manner and established and initiated various educational programs to foster Western sciences among Muslim community. His contribution in making different opinions, views and diverse positions in the context of Indian subcontinent was a significant event with farreaching consequences. K. A. Nizami (1979: VI) states that, Sir Sayyid was “one of the most towering personalities in the galaxy of the 19thcentury Muslims reformers”, who occupies significant place in the modern history of the Indian subcontinent. He zealously worked to bring about a “change in the Muslim thought and behavior” and in fact, “he ushered in the dawn of an era of intellectual renaissance in India and contributed many essential elements to the development of modern Indian society.”
SIR SAYYID AHMAD KHAN AND HIS RELIGIOUS THOUGHTS
1
Department of Fundamental and interdisciplinary Studies, Kulliyyah of Islamic Revealed Knowledge and Human (Sciences KIRKHS), International Islamic University Malaysia (IIUM) 2 PhD researcher, Department of Usuluddin and Comparative Religion, KIRKHS, International, Islamic University Malaysia, Email:
[email protected]
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Sir Sayyid was born on 17th October, 1817 in Delhi, then the capital of the Mughal Empire. His paternal and maternal ancestors were under Mughal Empire, who were native of Heart now in Afghanistan and migrated in Hindustan in 17th century CE (Graham, 1974: A). Sir Sayyid was born at a time when rebellious governors, regional insurrections and the British colonialism had diminished power of the Mughal state, reducing its monarch to a figurehead status. Under British rule, Indian Muslims` social, economic, and political positions were threaten and deprived from all sectors of life. This reality had a deep impact on Sir Sayyid’s intellectual development. Sir Sayyid was among the five well-known Muslim modernists whose influence on Islamic thought was to shape and define Muslim responses to modernism in the latter half of the nineteenth century. Like the other modernists of his time—like Sayyid Amir ‘Ali (1849-1928), Jamal al-Din alAfghani (1838-1897), Namik Kemel (1840-1888) and Shaykh Muhammad ‘Abduh (1850-1905)— Sir Sayyid was deeply concerned with the state of Muslims in a world dominated by European colonizing powers. He received Muslim traditional education in Delhi and later studied mathematics, astronomy, medicine and Islamic jurisprudence. During this time, he wrote, in 1858, Asbab Baghawat-i-Hind (“The Causes of the Indian Revolt”) and in 1860-1861, he published another tract, Risalah Khair Khawahan Musalmanan (“An Account of the Loyal Muhammadans of India”) in which he claimed that the Indian Muslims were the most loyal subjects of the British Raj because of their kindred disposition and because of the principles of their religion. He was the only Muslim who ventured to write a commentary on the Old and the New Testament, The Mahomedan Commentary on the Holy Bible (1862), which was “strategically designed to bridge the gulf between the two communities and to develop a common understanding and rapprochement”. In London, he also wrote, in response to William Muir’s Life of Mahomet, ‘A Series of Essays on the Life of Muhammad’ (1870) and was later published in Urdu as Khutbat-i-Ahmadiyya. Sir Sayyid Ahmad Khan lived under British colonial rule while developing the concepts of religious modernism. In other words, Sir Sayyid surveyed the dreadful and terrible state of Muslim community in India after the Sepoy Uprising of 1857, which resulted in formal British colonial rule and the end of Muslim dominance in the Indian Sub-Continent. This defeat was accepted as final by the Indian Muslims in the second half of the 19th century, and they felt the need of a “new kind of leadership—a leadership of adjustment—to find a modus Vivendi with the British rulers
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and their resurgent Hindu compatriots” (Ahmad, 1999:55). From 1858-98, this leadership was provided by Sir Sayyid, thrust upon him by “historical circumstances within India.” Sir Sayyid’s response to the challenge of the West, or in simpler words, to the British presence (colonialism and imperialism) in India was, in Aziz Ahmad’s words, “a complete surrender to the impact of modern ideas”, as he was concerned with “only a fraction of the Muslim world—the Indian Muslims” (Ahmad, 1999:59). To achieve and accomplish the goals of his normative values, Sir Sayyid endeavored to establish Muslim-British rapprochement in India. He perceived Muslims as backward and in need of education. According to Sir Sayyid, Muslims needed to change the way they saw and responded to the modern world; he devoted his life to religious, educational, and social reform. Like Afghani and ‘Abduh, he called for a bold new theology or reinterpretation of Islam and acceptance, not rejection, of best in the western thought. In Esposito’s words, he called for a new theology to respond to the modern change (Esposito, 1999:58). He wanted to show that he was reclaiming the original religion of Islam, which God and His Messenger have disclosed, not that religion which the Ulama and the preachers have fashioned. He argued that Islam’s teachings concerning God, the Prophet, and the Qur`an were compatible with modern science, which involves discovery of the work of God in natural laws; in other words, Sir Sayyid argued that Islam is “in full correspondence with reason” (Troll, 1978: 257). In his religious thought, he was a “rationalist”, who emphasized a rational approach and ideas to Islam with modern thought and his original method of Qur’anic exegesis was inspired by western ideas. He was the first Muslim of Modern India to realize the necessity for a new interpretation of Islam that was liberal, modern and progressive. His work is dynamic and constructive, and as such has made tremendous impression on modern Islam in general and on Indian Islam in particular. He was an Indian theologian and the founder of modern Islamic reformist/modernist thought, who is considered not only as one of the influential theologian and revivalists in the subcontinent, but, as Bazmee Ansari (2001:254-255) says, may be called the “founder of Islamic modernism”. He promoted an Islamic modernism and emphasized a rational approach to Islam and social reforms in Muslim culture and until his death in 1898 devoted his life to modernizing the life of Muslims in the Indian Subcontinent.
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VIEWS ON IJTIHAD AND TAQLID Sir Sayiid Ahmad was the first Muslim scholar of India who stressed a rational approaches and interpretation of Islam denying the traditional practices to progressive tendencies in order to make Islam acceptable in the modern age. He always emphasized on rationalism in his writings where he mentioned that ijtihad (innovation and re-interpretation with the changing times) is a fundamental right for all Muslims and necessary for all ages which should be practiced freely (Parray, 2015:28). On the other hand, taqlid is the opposite of ijtihad. Taqlid means imitation, tradition or copying and following old values which also refer to the practice of the decisions of a religious authority without necessarily examining the scriptural basis or reasoning of that decision and opposite of ijtihad and closing the doors of ijtihad—which modernists took to mean “blind obedience to authority” (Parray, 2015:29). The holy Qur’an (An-Najm 53:39-41) commends Muslims to modify themselves and attempt to change the world so that it could become a more just, equitable, and peaceful abode for humanity. Sir Sayyid criticized taqlid as a destructive means of Islam while ijtihad is the need for the hour. As his observation, Muslim could not progress without acquiring knowledge of modern sciences and technology. As knowledge is not confined to any certain nation and belongs to all humankind. He realized the intellectual needs of Muslims and encouraged to explore science based education. (Ahmad, 1999:182-183). However, Sir Sayyid appreciated new interpretation of Islam in rational way that it would be accepted by others and understood by Muslims in order to make Islam realizable in new world. He relied on the Holy Qur’an but denied the false Hadith. In addition to the religious thoughts, “Muhammad Umar al-Din shows how Sir Sayyid’s attempt to reformulate Islam can be placed in the broader context of the history of Islamic thought argues that Sir Sayyid maintained that Islam is the only religion that can go together with changing conditions and with a new age” Parray, 2011:85. In his views, traditional scholars always tried to connect everything with Islamic interpretation. Every era, he stressed, should have its own living Mujtahid to whom all problems will be raised to solve. But the doctrine of closeness of ijtihad puts Muslims in great difficulty in contemporary world. If Muslims do not have Mujtahid, it remains to be answered on how Muslims will handle critical problem that were not present in the past (www.ghazali.net/book4/Chapter-II/chapter-
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ii.html). He strongly supported ijtihad in all matters of life. He felt that if people don’t ijtihad then there will be scope of creative efforts in life. So all educated Muslim should have the right to explain Islam from their perspective. DENYING MIRACLES OF PROPHET Sir Sayyid Ahmad Khan promoted the belief of scientific world view while he rejected belief in superstitions particularly in miracles and magic. He claimed cause and effect which does not agree with supernatural involvement. Thus his thought rejects possibility of miracles even for the Prophet himself. In the last section entitled “Majazat” of the book Jila al-Qulub bi Zikr al-Mahbub, he deliberated his opinions on miracles of the Prophet (pbuh). According to this understanding, miracle is not accepted as accurate in science. He stated that, “There is nothing more damaging than a belief on superstitions likes miracles and magic for the human mind and for the very existence of humanity” (Panipati, 1962:170). He rejected the happening of Prophet’s Isra (ascension to heaven) whice he mentions as a dream “neither a physical nor a spiritual experience” (Khan, 1892:32-56). From that point of Qur’anic view, he denies magic which is unreal and false. He seems it as allusions to the perceptions and believes of unbelievers. He interpreted Moses transformation of his staff into a serpent (In Surah Araf) as a manifestation of a natural human power rather than as an instance of magic. He mentions that miracles are against both reason and the text of the Qur’an (Majeed, 2007: 115-116). Sayiid Ahmad Khan, however, also explained the great flood and miracles conducted by Jesus as symbolic and metaphorical than rational application. Each and every miracle has it’s distinct origin and nature from religious perspective than it’s true history. According to him most of the Prophets came for Arabs and Jews but other humankind have been deprived from divine knowledge. Whoever followed the prophets achieved salvation, he added.
VIEWS ON IJMA Ahmad Khan did not recognize Ijma as a source of Islamic Law which has no validity and new interpretation. He was alone among modern Islamic scholars who totally rejected Ijma as a source
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of Islamic Law and opined that it has no application in contemporary world. On the basis of this point of view he largely criticized this important source of Islam (Khan, 1892:32-56). According to him “ijma was confused with custom by the masses who were following custom in the name of ijma” (Hasan, 2003:233). However, sometimes he nullified even the ijma of the Companions on a certain point (Hasan, 2003:235) that the problem faced by present Muslim can be solved by their own way by keeping in view of the whole situation and no earlier decisions are required.
VIEWS ON JIHAD Ahmad Khan deliberated in detail on the concept of Jihad in Islam in his his Maqalat-e-Sir Syed entitle Jihad Ka Qur’ani Falsafa as well as in his Tafsir-al-Qur’an. He critically analyzed all battles during Prophet's time. He mentions that all battle were defensive in nature which were undertaken to establish peace without intending to force people to accept Islam, which is strictly prohibited in the Qur’an (Surah Baqarah 2: 257). Islam does not support any kind of anarchy and conflicts. In some circumstances, Sir Sayyid mentions that Islam allows Muslims to resort to Jihad. Islam permits Muslims to fight those, who fight with them. According to Sir Syed, there are only two situations (Beg: http://www.aligarhmovement.com/forum/Sir_Syed_and_Jihad) when ‘Jihad’ is allowed in Islam (1) when unbelievers, guided by their hatred for Islam and intending to destroy it, attack Muslims. (2) When in a country, life and property of Muslims are under threat because of their being Muslims and they are not allowed to release their religion obligations. If they are subjects of that State and had implicitly or explicitly agreed to live in peace, they have no right to rise in revolt against the state. Jihad, Sir Syed says, is not permissible for any other purpose, certainly not for worldly conquests or worldly goods.
RELIGIOUS REFORM In order for religious reform Ahmad Khan interpreted some Islamic practices like polygamy, slavery and interest of loan (riba). According to him, polygamy and slavery are recommended in the Qur’an though the Muslim jurists permitted it in their legal theory. As he states that, it is a great mistake to take polygamy as compulsory and it is even not recommended in the Qur’an. It should be mentioned that he (1870:8-13) also defends polygamy in three points of view: nature, society and religion.
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On the other hand, before Ahmad Khan’s conception Shah Abdul Aziz permitted the Muslims of India to involve themselves in interest transactions with Non-Muslims with exception of Hindus. He also restricted the concept of Riba to just that particular loan which is given to a very poor person and the creditor will receives some excess amount on it. On the other hand, if this additional amount is received by the creditor from a rich person it will be lawful. He had also considered that bank interest to be valid and for all business transactions no objection can be raised on its validity (Aziz and Mahmud, 2008:38). In order to express his comments on the Bible, it is mentioned (Wasti, 2014:4) in his letter sent to J. M. Arnold that “Muslims will attack me so long as I live. Christian are unhappy with my tafsir (of the Bible). I agree with Biblical teachings but I do no t find support for the Trinity in it”. Khilafat is backward and outdated to Sir Sayed Ahmad Khan. In his article “Imam aur Immamat”, he explained in details and said that, “a present day analysis clearly shows that no one is worth the title of Imam and also no one, not even a head of state, is worth being entitled to be called a Khalifa of the prophet. Although Muslims governing an area can aptly call their monarch as sultan (king) of that country, and in fact they are actually sultans, what so ever they may call themselves” (Khan, 1962: 170).
PRINCIPLES OF EXEGESIS Ahmad Khan wrote the Qur’anic exegesis although he could not finish it. He followed his own principles of exegesis. In his commentary he refutes the principle of abrogation (naskh) and comments that it is no longer applicable. He rejected the idea of contradiction in the Qur’an and said that verses are mutually explained by each other. He also refutes the idea that the Qur’an, the Bible and other revealed books have been corrupted or abrogated. According to his exegesis, the Qur’an is anti-miraculous one, where there is no place for supernatural views. The Qur’anic verses are free from any magical view (Majeed, 2007:116). According to his views “the Qur’an is ‘true’ because they are consistent with it, and the natural sciences are true because they are consistent with the Qur’an” (Majeed, 2007:117). In his view the Qur’an is the word of God while nature is the work of God where there is no contradiction between these two. There is nothing in the Qur’an against the principles of nature. On the basis of this he denied all miracles.
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He attributes angles as the 'properties' of created things, while the idea of ‘jinn’ as merely an animistic folklore who has no physical existence. His views are that the ‘jinn’ is associated with the people of ignorance who are barbaric and were busy to attack civil people or caravans at night and Satan are not separate creatures. He proposed a radical reinterpretation of the Holy Qur’an to make it compatible with science and modernity. He indicated the story of “Ashab-i-Kahaf” as funny but interesting. As his states, God mentioned it as factual position while exegetical writers and historians added many other stories which is not an actual fact. Islam is free from such kind of unnecessary stories (Khan, 1910a: 1-2). The story of Zulqarnain and Yajuj Majuj also is stated by him as factual position which is simple and clearly stated in the Qur’an but exegetic writers make it confusing (Khan, 1910b:1). In Tahzib-ul-Akhlaq, he writes (Hoodbhoy:2013) “Yes, if the Mussulman be a true warrior and thinks his religion correct, then let him come fearlessly to the battleground and do unto Western knowledge and modern research what his forefathers did to Greek philosophy. Only then shall our religious books be of any real use. Mere parroting and praising ourselves will not do”. AHAMAD KHAN ON HADITH Ahmad Khan differentiates hadith based on religious and worldly affairs. Traditions based on religious injunctions are compulsory while traditions related to worldly life are not necessary to follow. In terms of social, cultural and economic matter people are free to adopt any one suitable with the situation and time but it would have to be in conformity with the fundamental values of Islam. These worldly affairs may be changed (Dar, 1957: 274). So he opposed those early scholars who gave authority of the Hadith rather he gives priority on the Qur’an and alter fabricated Hadith from reliable source. He was very simple but rational. Sometimes he challenges hadiths’ authenticity, mentioning the author’s words instead of Prophet’s statements. All narrators could not make sure the wording, meaning and sense of the statement of their previous narrators. Ahmad Khan, however, didn’t accept any Hadith unless it is verified by reasoning (Siddiqi,, 1982:69). He applied the rational approach to verify Hadith for the modernization of Islam. He mentions a process to justify the authenticity of Hadith: Firstly, A hadith is false if it is conflicting with historical facts, disregards with Shariah, challenges human intellects, or narrated by the enemy of Prophet (pbuh); secondly, if hadith is pronounced in an events of big audience but narrator is individual; thirdly, a 386
hadith is described on punishment or reward without proportion to the corresponding acts of sin or merit; fourthly, no sound and authentic hadith can bestow upon ordinary or extra ordinary individual and lastly, should the narrator admit the false nature of a tradition (Dar, 1980: 269). So it should furnish an adequate basis for understanding of Islam. “Sayyid Ahmad Khan most probably aided by his colleague, Maulavi Chiragh Ali, rejects all Hadith” (Smith, 1946:18). RATIONAL SUPERNATURALISM Ahmad Khan’s most prominent concept is ‘rational supernaturalism’ where he evaluates religion especially Islam by science. He tries to make friendly positions between Islam and natural sciences where Islam and natural science is compatible and are related to each other, which neither contradict nor conflict (Majdee, 2007: 115). According to him, revelation and nature both have come from the same source, i.e., God. So, these two must be consistent and can be verified by one another. Sir Sayyid Ahmad Khan apologetically said, "It is my duty to defend as much as I can the religion of Islam, right or wrong, and to reveal to the people, the original bright face of Islam" (Baljon, 1964:135). However, it is stated by Sayyid Khan that, “Religion is the word of God and our surroundings are the work of God. An explanation of the existence of work of God is science. No contradiction is possible between science and religion as word of God cannot be in opposition of work of God. If a contradiction between religion and science exists in a mind, then it indicates cloudy
thinking
and
therefore
one
should
try
to
clear
his
thinking”
(http://aligarhmovement.com/Sir_Syed_Ahmad_Khan_A_Modern_Man_of_Liberal_and_Scienti fic_Thinkin). Finally, Sir Sayyid concluded that “if we keep in view the principles deducible from the Qur’an itself, we shall find that there is no contradiction between the modern sciences, on the one hand, and the Qur’an and Islam, on the other” (Hassan, 2009:163). Applying his naturalistic rationalism to his exegesis of the Qur’an, he arrived at fifty-two points of divergence from traditionally accepted Sunni Islam. Moreover he advised that in secular matters where Islam is silent, Muslims should follow western practices. RELIGIOUS TOLERANCE AND CHANGE
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Ahmad Khan always promoted religious tolerance. In this regard he states that, “In reality denouncing religious heads of other sects is actually denouncing the religious heads of one’s own religion” (Khan,1962:184). He was open-minded in terms of religious beliefs. He believed that every civilization changes with time and religious thoughts are also changed by time. In this regard he has written, “Just like ancient and modern philosophies have changed, religious thoughts and faiths have also changed with time. Ancient religious rules teach us that man is meant for religion; modern rule being that religion is meant for man. Old rule tells us to find god blindly within the darkness of a night. Modern rule teaches us to search for god with open eyes, in light of one’s vibrant environment” (Khan, 1961: 23). He may be pioneer in ‘inter-faith harmony’ as he worked for “greater understanding and goodwill” and harmony among Muslim sects and between Muslims and non-Muslims (Parray, 2011:86). CRITICISM ON SIR SAYYID’S THOUGHT Sir Sayyid Ahmad Khan was an influential Islamic scholar who was most rational and critical in his approaches and thoughts. He became capable to motivate people in his age till present scholarly world especially among modernist. During his lifetime he has been criticized by Ulama and scholars for his controversial religious thoughts and views and declared him a ‘kafir’ or nonMuslim but he continued to express his thoughts and views. In 1889 Maulana Rashid Ahmed said (Biswas, 2013:226) that “Sayyid Ahmed Khan administers sweet poison that is fatal; therefore do not join him”. Even many present scholars raised questions his intellectual ability as an Islamic thinker, noting contradictions in his philosophy. Esposito states that due to Ahmad Khan’s “strong affinity for the West” carried out “strong criticism from ulama and anti-colonialists who dismissed his loyalism and reformism as political and cultural capitulation” (Esposito,1999: 59). Fazlur Rahman argues that Sir Sayyid Ahmad Khan “was not a keen religious thinker, nor perhaps primarily and deeply religious,” but “was led by the inner logic of the Muslim intellectual history to justify his cultural progressive attitude theologically” (Rahman, 1958:82-99). Ahmad Khan introduced his own principles in order to interpret the Qur’an on the basis of rationalist reinterpretation which have been extremely criticized. His refuting of Isra even all miracles conducted by prophets also have been complained in Muslims which is a fundamental belief to be a true Muslim. He agrees only one miracle attribute by Prophet (pbuh) that is his
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prophetic role which is relational in nature by him. Ijma has been rejected by Ahmad Khan as a source of Islamic law although it is being recognized as a source of Islamic Law from traditional Ulama. Jamal al-Din Afghani (1884:372-373) also criticizes Sir Sayyid Ahmad Khan that “He appeared in the guise of naturalists [materialists], and proclaimed that nothing exists but blind nature … and that all the prophets were naturalists … He called himself a neicheri or naturalist, and began to seduce the sons of the rich, who were frivolous young men”3.
FINDINGS OF THE STUDY Some of the scholars and writers both Muslims and non-Muslims equally show both the importance as well as relevance of the educational reforms of Sir Sayyid Ahmad Khan. Some are as follows: He combined theory with practice, seeking to implement his idea and train a new generation of Muslim leaders. Sir Sayyid helped the Muslims in India to emerge again. Various writings have emphasized different areas of Sir Sayyid’s thoughts and activities:
social and political,
educational and cultural in which he made reforms. But almost all agree that his prime achievement was a revival of Muslim morale and prestige in British India, and that to him goes the credit for having re-established the dynamism of the Muslims in India as a social and political force. He bridged the gap between Islam and Modern world and gave the Indian Muslims “a new cohesion, a new policy, new educational ideals, a new prose, a new approach to their individual and national problems. Altaf Hussain Hali Sir Sayyid’s overall view sets out to depict his various “services to country, community and religion”; and represents his work by the term “Reformation”, calling him a reformer; (Hali, 1979:VI). His efforts are regarded as a “dynamic and constructive achievement” that made a tremendous impression on modern Islam. It is stated that Sir Sayyid not only filled the big void created in the life of Muslim community by the disappearance of the Muslim rule, but he did more. He bridged Jamal al-Din Afghani and Muhammad Abduh, “Al-Dahriyun fi’l Hind” (The Materialists of India), in al Urwat al Wuthqa , rpt. 1957, (Cairo: Dar al-Arab. 1884 ), pp.372-73 3
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the gap between medieval and modern India and gave the Indian Muslims “a new cohesion, a new policy, new educational ideals, a new prose, a new approach to their individual and national problems, and built up an organization which could carry on his work” (Albiruni, 1950:12-13). Sir Sayyid restored Muslim pride in Islam’s intellectual and scientific heritage, generated modern ideological interpretations of Islam that incorporated modern concepts and perceptions, ideas and ideals, disciplines and institutions, and thus introduced and reinforced a change-oriented mindset. Some European scholars and writers described Sir Sayyid’s thinking as “liberal”, “progressive”, or “enlightened” who tried to prove Islam to be the liberal, rational and progressive religion (Low, 1906:282). Bashir Ahmad Dar (1957:262) projected this image succinctly as: “He was the first man in modern India to realize the necessity for a new interpretation of Islam that was liberal, modern, and progressive”. It clearly reveals that Sir Sayyid’s entire intellectual energy was devoted to trying to resolve the conflict between religion and science and to reconcile the best of both for the younger generation of the Muslim elite whom he wished to attract. CONCLUSION Sir Sayyid Ahmad Khan was a multi-dimensional personality, a dynamic and revolutionary figures of history who reshaped the religious thoughts of Islam in the time. He became capable to eliminate the western misunderstandings of Islam and advocated Islam as a truth on the basis of reason and natural laws. Beside this, he tried to reallocate the Islamic old practices continuing centuries in order to reinterpret Islam in the demands of new age. Sir Sayyid’s efforts are regarded, on the whole, as a dynamic and constructive achievement as he bridged the gap between medieval and modern India, who restored Muslim pride in Islam’s intellectual and scientific heritage. Sir Sayyid had inaugurated, in the words of Tara Chand “a revolution in Muslim thought. His endeavor was to reform the Muslims individually and collectively” (Parray, 2015). Thus he introduced and reinforced a change-oriented mind-set.
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Khan, Sayyid Ahmad. (1961). Maqalat-e-Sir Sayyid. Part 3, Edited by Mohd. Ismail Panipati, Lahore: Majlees-e-taraqee-e-Adab.
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Khan, Syed Ahmad. (1870). Whether Islam has been beneficial or Injurious to human society in general and to the Mosaic and Christian dispensations. In Eassys on the Life of Mohammad. London: Trubner & Co.
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Nizami, K.A. (1979). Foreword. In Altaf Hussain Hali, Hayat-i-Javed (A Biographical Account of Sir Sayyid), English Trans. K. H. Qadiri and David J. Mathews (Delhi: Idarahi-Adabiyat-i-Delhi.
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Parray, Tauseef Ahmad. (2011). Islamic Modernist and Reformist Thought: A Study of the Contribution of Sir Sayyid and Muhammad Iqbal. World Journal of Islamic History and Civilization, 1 (2), 79-93.
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Wasti, Syed Munir. (July-Dec. 2014). Sir Syed Ahmad Khan and his Bible Commentary. Ma’arif Research Journal, 1-4.
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PERUMPAMAAN DALAM AL-QURAN DAN PERANANNYA SEBAGAI TERAPI KESIHATAN MENTAL Syed Sultan Bee bt. Packeer Mohamed Pusat Pengajian Umum, CAS, Universiti Utara Malaysia 06010 Sintok, Kedah Darul Aman
[email protected] Abstrak Perumpamaan merupakan salah satu laras bahasa yang terdapat dalam al-Quran. Ia menerangkan pelbagai aspek kehidupan manusia termasuklah akidah, syariah dan akhlak. Penggunaan laras ini amat berkesan untuk mendidik serta menarik jiwa dan perasaan manusia agar terkesan dengan ayat-ayat yang dibaca. Hal ini kerana ia berfungsi untuk menerangkan intipati perintah dan larangan Allah s.w.t. dengan gambaran yang boleh dicapai oleh pancaindera manusia. Justeru, ia amatlah sesuai dijadikan terapi untuk meningkatkan tahap kesihatan mental masyarakat Malaysia terutamanya mereka yang terlibat dalam gejala sosial. Peningkatan gejala sosial di negara ini saban hari menyebabkan perkara ini perlu diberi perhatian yang serius oleh semua pihak. Masyarakat perlu dididik jiwa dan roh mereka agar dapat mencapai tahap kesihatan mental yang baik seperti yang telah ditetapkan oleh Islam. Walau bagaimanapun, peranan perumpamaan dalam al-Quran masih tidak diketahui umum terutamanya dalam meningkatkan kesihatan mental. Sehubungan dengan itu, satu kajian berbentuk kualitatif telah dijalankan untuk menyingkap rahsia di sebalik perumpamaan dalam al-Quran yang berperanan untuk meningkatkan kesihatan mental manusia. Kaedah deskriptif digunakan untuk membincangkan makna serta pengajaran yang boleh dipetik daripada perumpamaan dalam ayat-ayat al-Quran terpilih. Manakala kaedah induktif pula digunakan untuk menganalisis ayat-ayat al-Quran yang terkumpul dan membuat kesimpulan. Hasil kajian mendapati perumpamaan dalam al-Quran memainkan pelbagai bentuk peranan untuk memahamkan manusia dengan cepat dan mudah mengenai mesej yang hendak disampaikan oleh Allah s.w.t. Kajian ini diharapkan dapat memberi kesedaran kepada masyarakat tentang kepentingan memahami dan mengambil pengajaran daripada perumpamaan dalam al-Quran sebagai salah satu langkah untuk meningkatkan kesihatan mental mereka. Kata Kunci: Perumpamaan, al-Quran, terapi, kesihatan mental.
PENDAHULUAN Kesihatan mental biasanya dikaitkan dengan kebolehan seseorang untuk mengawal dan mengurus tekanan yang dihadapi, mempunyai pemikiran yang rasional dan dapat menerima setiap peristiwa yang berlaku dengan rasa tenang dan yakin. Pertubuhan Kesihatan Sedunia (WHO) mendefinisikan kesihatan mental sebagai “kebolehan mengekalkan hubungan yang harmoni dengan orang lain, kebolehan mengambil bahagian dalam aktiviti kemasyarakatan dan kebolehan untuk menyumbang kepada masyarakat" (Kementerian Kesihatan Malaysia, 2000).
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Namun, tidak ramai yang dapat membezakan antara kesihatan mental dan penyakit mental. Ramai di kalangan kita yang menganggap bahawa kesihatan mental dan penyakit mental adalah satu perkara yang sama. Akan tetapi, hakikatnya kesihatan mental adalah lebih dari sekadar ketiadaan penyakit mental. Kesihatan mental melibatkan semua orang manakala penyakit mental hanya melibatkan sebahagian orang sahaja. Ia bermaksud bagaimana individu menyesuaikan diri dengan keluarga, rakan-rakan dan masyarakat. Ia juga berkaitan dengan cara-cara individu mengharmonikan keinginan, cita-cita, kebolehan dan perasaan untuk memenuhi cabaran kehidupan (Kementerian Kesihatan Malaysia, 2000).
Walaupun begitu, kajian Kesihatan Morbiditi Kebangsaan 2011 (Kementerian Kesihatan Malaysia, 2012) mendapati bahawa dalam kalangan masyarakat dewasa, prevalen kemurungan adalah 1.8% dan prevalen keresahan adalah 1.7%. Golongan wanita menunjukkan prevalen gangguan mental yang lebih tinggi berbanding lelaki iaitu 2.3% berbanding 1.4% bagi lelaki. Dalam kalangan kanak-kanak dan remaja pula, kajian mendapati masalah kesihatan mental telah meningkat dari 19.4% dalam tahun 2006 kepada 20.0% dalam tahun 2011. Kajian juga mendapati bahawa bagi tingkah laku bunuh diri dalam kalangan masyarakat dewasa menunjukkan 1.7% mempunyai idea bunuh diri, 0.9% pernah merancang untuk membunuh diri dan 0.5% pernah mencuba membunuh diri. Bilangan ini menunjukan jumlah yang terlibat dalam masalah kesihatan mental adalah ramai dan ia meningkat dari hari ke hari. Fenomena ini memberi isyarat bahawa Malaysia sedang berhadapan dengan cabaran untuk menangani tekanan dan isu kesihatan mental dalam kalangan warganya. Justeru itu, penyelesaian kepada masalah ini perlu dilakukan dengan segera.
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Umat Islam perlu kembali kepada al-Quran untuk menangani masalah ini. Kitab suci al-Quran alKarim diturunkan oleh Allah s.w.t. sebagai penyembuh penyakit rohani dan jasmani. Hal ini jelas dinyatakan oleh Allah s.w.t. dalam surah al-Isra, ayat 82 yang bermaksud : “Dan Kami turunkan dengan beransur-ansur dari al-Quran ayat-ayat suci yang menjadi ubat penawar dan rahmat bagi orang-orang yang beriman kepadanya”. Masyarakat umum menyedari peranan al-Quran sebagai penawar pelbagai penyakit yang dihidapi manusia sama ada penyakit zahir mahu pun batin. Namun, ramai yang tidak menyedari peranan perumpamaan al-Quran khusus dalam membentuk manusia yang sihat mentalnya.
Sehubungan dengan itu, objektif tulisan ini adalah untuk menyerlahkan kepada masyarakat umum tentang keberkesanan perumpamaan al-Quran sebagai terapi kesihatan mental. Kajian ini dapat memotivasikan masyarakat untuk menjadikan perumpamaan al-Quran sebagai penawar kepada masalah kesihatan mental yang dihadapi oleh mereka.
PENGERTIAN PERUMPAMAAN Perkataan perumpamaan dalam bahasa Melayu disebut dalam bahasa Arab sebagai al-amthal. Alamthal ialah kata jamak bagi perkataan al-mathal (Anis, Ibrahim; Abdul Halim Muntasir; alSowalihi, ‘Atiyyah & Muhammad Khalfullah Ahmad, t.t.).
Dari sudut bahasa, al-mathal bermaksud sesuatu yang dibandingkan dengan yang lain untuk dijadikan sebagai contoh (Ibn Manzur,1995).
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Dari sudut istilah pula, ulama tafsir juga didapati memberi definisi yang sama seperti ahli bahasa. Contohnya, al-Zamakhshariy (1995) dalam kitabnya al-Kashshaf menyatakan bahawa asal perkataan perumpamaan ialah al-mithl iaitu al-nazir yang membawa maksud serupa, sebanding dan setara.
Kesimpulannya, definisi perumpamaan yang diketengahkan oleh ahli bahasa dan ulama tafsir adalah berkisar kepada ungkapan perbandingan, persamaan, penyerupaan antara sesuatu dengan sesuatu yang lain.
KESIHATAN MENTAL MENURUT IMAM AL-GHAZALI Menurut Imam al-Ghazali, manusia yang sihat mentalnya ialah mereka yang dapat berinteraksi dengan baik melalui kesepaduan antara akidah, syariah dan akhlak. Individu yang menghayati sifat-sifat terpuji, bertakwa dan tidak menyusahkan orang lain dianggap sebagai seorang yang sihat mentalnya (Kamal Abd. Manaf, 2000).
Menurut beliau lagi, manusia yang sihat dari segi mentalnya ialah manusia yang boleh mengawal anggotanya yang tujuh iaitu mata, telinga, lidah, perut, kemaluan, tangan dan kaki. Semua anggota ini harus digunakan sepenuhnya pada jalan yang membawa kepada keimanan dan ketakwaan kepada Allah s.w.t. yang akan membuahkan sifat-sifat terpuji dalam diri seseorang. Justeru, menurut beliau, manusia berfungsi sepenuhnya apabila mereka menghayati sifat-sifat terpuji dan meninggalkan sifat-sifat terkeji di samping meninggalkan maksiat batin yang tidak dapat dilihat (Kamal Abd. Manaf, 2000).
Namun, oleh kerana manusia bersifat lemah, mereka sering tunduk kepada tuntutan hawa nafsu dan godaan syaitan. Imam al-Ghazali menegaskan bahawa manusia sering terperangkap dengan
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dua musuhnya ini sejak dari Nabi Adam a.s. lagi. Untuk melepaskan diri daripada musuh-musuh ini, manusia mestilah mengukuhkan hubungan diri mereka dengan Allah s.w.t. (Kamal Abd. Manaf, 2000).
Oleh yang demikian, untuk mendorong manusia kembali normal, Imam al-Ghazali menyarankan supaya mereka melakukan tazkiyah al-nafs (pembersihan hati) dengan meninggalkan maksiat zahir yang berpunca daripada tujuh anggota tadi serta meninggalkan maksiat batin seperti banyak makan, mengumpat, marah, hasad dengki, bakhil, riyak, takabbur, cintakan dunia dan sebagainya. Beliau mencadangkan supaya hati dibentuk menjadi sempurna dengan cara bertaubat, perasaan takut kepada Allah s.w.t., zuhud, sabar, ikhlas, syukur nikmat Allah s.w.t., berkasih sayang, reda dan ingatkan mati (Kamal Abd. Manaf, 2000).
Sebagai kesimpulan, dapatlah dirumuskan bahawa manusia yang sihat mentalnya menurut Imam al-Ghazali ialah mereka yang berjaya mencapai keimanan dan ketakwaan yang tinggi kepada Allah s.w.t. Manusia inilah yang akan dinaikkan martabat menjadi manusia yang paling mulia di sisiNya.
PERANAN PERUMPAMAAN AL-QURAN DALAM MENINGKATKAN KESIHATAN MENTAL Menurut Islam, manusia yang memiliki sifat-sifat yang terpuji dan bebas daripada sifat-sifat terkeji merupakan manusia yang sihat mentalnya. Perumpamaan al-Quran memainkan peranan yang sangat penting dalam menarik jiwa manusia untuk mempraktikkan sifat-sifat terpuji dan
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meninggalkan sifat-sifat terkeji. Antara contoh perumpamaan al-Quran yang berperanan menggalakkan sifat-sifat terpuji dan melarang sifat-sifat terkeji ialah:
1.
Firman Allah s.w.t. dalam surah al-Baqarah, ayat 261 yang bermaksud:
“Bandingan (derma) orang-orang yang membelanjakan hartanya pada jalan Allah, ialah sama seperti sebiji benih yang tumbuh menerbitkan tujuh tangkai; tiap-tiap tangkai itu pula mengandungi seratus biji. Dan (ingatlah), Allah akan melipatgandakan pahala bagi sesiapa yang dikehendakiNya, dan Allah Maha luas (rahmat) kurniaNya, lagi meliputi ilmu pengetahuanNya”. Perumpamaan ini berperanan merawat penyakit kedekut dalam jiwa manusia. Ia juga menekankan bahawa amalan membelanjakan harta pada jalan Allah s.w.t. tidak akan mengurangkan harta manusia, bahkan akan melipatgandakannya (al-Sya’rawi, 1991). Melalui perumpamaan ini, sifatsifat terpuji seperti murah hati, belas kasihan, kasih sayang sesama manusia dapat dipupuk.
Dalam ayat ini Allah s.w.t. mengumpamakan orang yang membelanjakan hartanya pada jalan Allah dengan petani. Allah juga mengumpamakan harta yang dibelanjakannya dengan anak benih. Sekiranya petani itu bersungguh-sungguh dengan kerjanya serta anak benih yang ditanam pula sihat dan subur, maka petani itu akan mendapat hasil yang banyak daripada setiap anak benih yang ditanam. Petani itu tidak akan rugi kerana mengeluarkan setiap anak benih yang dikeluarkan daripada simpanannya untuk ditanam, malah akan mendapat pulangan yang lebih banyak. Begitulah juga dengan orang yang mengeluarkan harta daripada simpanannya untuk dibelanjakan pada jalan Allah s.w.t. Sekiranya dia benar-benar ikhlas memberi kerana Allah s.w.t. dan hartanya pula daripada sumber yang halal, maka hartanya tidak akan berkurangan, malah akan dilipatgandakan oleh Allah s.w.t. Dalam ayat ini, Allah s.w.t. menyatakan bahawa setiap harta yang dibelanjakan pada jalanNya akan dilipatgandakan pahalanya sebanyak 700 kali (al-Qurtubi, t.t. & Ibn Kathir, 1981).
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Setiap jiwa manusia yang mendengar perumpamaan ini sudah tentu terpanggil untuk mendapatkan ganjaran yang lumayan ini. Ia menjadi motivasi dan perangsang kepada pendengar untuk membelanjakan hartanya pada jalan Allah s.w.t. Oleh yang demikian, perumpamaan ini amat sesuai untuk mendorong manusia membersihkan hati mereka daripada sifat-sifat bakhil, tamak dan cinta kepada harta dunia.
2.
Firman Allah s.w.t. dalam surah al-Baqarah, ayat 264 yang bermaksud:
“Wahai orang-orang yang beriman! Jangan rosakkan (pahala amal) sedekah kamu dengan perkataan membangkit-bangkit dan (kelakuan yang) menyakiti, seperti (rosaknya pahala amal sedekah) orang yang membelanjakan hartanya kerana hendak menunjuk-nunjuk kepada manusia (riyak), dan ia pula tidak beriman kepada Allah dan hari akhirat. Maka bandingan orang itu ialah seperti batu licin yang ada tanah di atasnya, kemudian batu itu ditimpa hujan lebat, lalu ditinggalkannya bersih licin (tidak bertanah lagi). (Demikianlah juga halnya orang-orang yang kafir dan riyak itu) mereka tidak akan mendapat sesuatu (pahala) pun dari apa yang mereka usahakan. Dan (ingatlah), Allah tidak akan memberi petunjuk kepada kaum yang kafir”.
Ayat ini menekankan bahawa Allah s.w.t. tidak menerima sedekah yang diberikan oleh pemberinya yang suka mengungkit-ungkit dan menyakiti hati penerimanya. Pemberi sedekah yang bersifat demikian samalah seperti mereka yang memberi sedekah untuk menunjuk-nunjuk dan riyak. Allah s.w.t. mengumpamakan orang yang riyak dalam bersedekah seperti batu licin yang terdapat tanah di atasnya. Batu licin itu kemudian ditimpa hujan lebat sehingga menyebabkan tanah tersebut hanyut dibawa air dan meninggalkan batu tersebut tanpa meninggalkan sebarang kesan. Demikianlah juga keadaan orang yang riyak dalam bersedekah. Sifat ini akan mengakibatkan tuannya tidak mendapat apa-apa pahala daripada sedekah tersebut. Keadaannya samalah seperti batu licin itu kerana sedekahnya tidak memberi apa-apa kesan kepadanya (alZuhaili, 2001 & al-Tabari, 1985).
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Perumpamaan ini jelas berperanan mengajak manusia untuk bersedekah. Ia juga jelas memberi amaran kepada manusia agar tidak membatalkan pahala sedekah mereka dengan mengungkitungkit dan menyakiti hati penerima sedekah kerana ia menyerupai orang yang riyak. Mereka yang terhindar daripada sifat ini akan memiliki sifat ikhlas dan mengharap keredaan Allah s.w.t. dalam setiap sedekah yang mereka berikan (al-Maidani, 1992). Mereka juga akan menikmati kesihatan mental yang baik dan ketenangan jiwa sepanjang hidup mereka.
3.
Firman Allah s.w.t. dalam surah al-Hadid, ayat 20 yang bermaksud:
“Ketahuilah bahawa (yang dikatakan) kehidupan dunia itu tidak lain hanyalah (bawaan hidup yang berupa semata-mata) permainan dan hiburan (yang melalaikan) serta perhiasan (yang mengurang), juga (bawaan hidup yang bertujuan) bermegah-megah di antara kamu (dengan kelebihan, kekuatan, dan bangsa keturunan) serta berlumba-lumba membanyakkan harta benda dan anak pinak; (semuanya itu terhad waktunya) samalah seperti hujan yang (menumbuhkan tanaman yang menghijau subur) menjadikan penanamnya suka dan tertarik hati kepada kesuburannya, kemudian tanaman itu bergerak segar (ke suatu masa yang tertentu), selepas itu engkau melihatnya berupa kuning; akhirnya ia menjadi hancur bersepai; dan (hendaklah diketahui lagi, bahawa) di akhirat ada azab yang berat (di sediakan bagi golongan yang hanya mengutamakan kehidupan dunia itu), dan (ada pula) keampunan besar serta keredaan dari Allah (disediakan bagi orang-orang yang mengutamakan akhirat). Dan (ingatlah, bahawa) kehidupan dunia ini tidak lain hanyalah kesenangan bagi orang-orang yang terpedaya”.
Perumpamaan ini menegaskan tentang kemusnahan keindahan hidup di dunia ini yang penuh dengan kenikmatan yang melalaikan. Allah s.w.t. mengumpamakan kehidupan di dunia ini seperti hujan yang dikagumi oleh petani kerana menyuburkan tanamannya. Akan tetapi, tanaman tersebut lama kelamaan menjadi kekuningan, kering dan akhirnya hancur. Demikianlah juga dengan kehidupan manusia di dunia ini. Seorang manusia akan melalui peringkat usia yang bermula dengan usia muda, pertengahan dan tua. Manusia pada usia muda kelihatan cantik rupa parasnya dan kuat anggota badannya. Akan tetapi, kecantikan dan kekuatan itu lama-kelamaan akan hilang
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sedikit demi sedikit dimamah usia. Akhirnya, apabila mencapai usia tua, manusia menjadi lemah, tidak berdaya lagi membuat kerja-kerja walau pun ringan (Ibn Kathir, 1981 & al-Baghawi,1997 ).
Perumpamaan ini dibawa oleh Allah s.w.t. dengan tujuan untuk menjelaskan kehinaan kehidupan di dunia ini (al-Maidani, 1992). Ia memberi amaran kepada manusia agar tidak tertipu dengan kenikmatan hidup di dunia ini kerana ia akan musnah pada satu hari nanti (Ibn Kathir, 1981& alBaghawi, 1997). Perumpamaan ini berperanan untuk membuang perasaan cintakan dunia daripada jiwa manusia. Sebaliknya, ia mengajak manusia untuk lebih bersiap sedia untuk menghadapi kehidupan akhirat yang kekal abadi.
4.
Firman Allah s.w.t. dalam surah al-Hujurat, ayat 12 yang bermaksud:
“….. dan janganlah setengah kamu mengumpat setengahnya yang lain. Adakah seseorang dari kamu suka memakan daging saudaranya yang telah mati? (Jika demikian keadaan mengumpat) maka sudah tentu kamu jijik kepadanya. (Oleh itu, patuhilah larangan-larangan yang tersebut) dan bertaqwalah kamu kepada Allah; sesungguhnya Allah Penerima taubat, lagi Maha mengasihani”. Ayat di atas jelas mencela perbuatan mengumpat iaitu memberitahu keburukan atau aib seseorang kepada orang lain semasa ketiadannya. Allah s.w.t. mengumpamakan perbuatan mengumpat seperti memakan daging orang yang diumpat sesudah dia mati. Ianya menunjukkan betapa hinanya perbuatan mengumpat sama seperti hinanya perbuatan memakan daging manusia yang telah mati. Hal ini kerana tiada manusia yang sanggup memakan daging tersebut kerana jijik dengannya. Oleh itu, manusia perlu menghindari diri mereka daripada mengumpat sesama sendiri kerana ianya jijik seperti daging manusia yang telah mati (al-Zuhaili, 1998 & al-Jauziyyah, 1981).
Perumpamaan ini jelas menggambarkan mesej yang hendak disampaikan oleh Allah s.w.t. iaitu melarang sekeras-kerasnya perbuatan mengumpat. Perbuatan ini sangat terkutuk di sisi Allah s.w.t.
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kerana ia menjatuhkan maruah seseorang. Selain daripada itu, ia juga memusnahkan perasaan kasih sayang sesama insan. Oleh itu, dalam meningkatkan kesihatan mental, seseorang haruslah menjauhi perbuatan ini.
5.
Firman Allah s.w.t. dalam surah al-Baqarah, ayat 275 yang bermaksud:
“Orang-orang yang memakan (mengambil) riba itu tidak dapat berdiri betul melainkan seperti berdirinya orang yang dirasuk Syaitan dengan terhuyung-hayang kerana sentuhan (Syaitan) itu”. Perbuatan riba adalah haram di sisi syariat Islam dan dilarang oleh Allah s.w.t. sekeras-kerasnya. Allah s.w.t. menjanjikan kepada pelakunya dengan azab yang sangat berat. Hal ini ditegaskan oleh Allah s.w.t. dalam ayat ini di mana Allah s.w.t. menyatakan bahawa orang yang memakan riba akan dibangkitkan kelak dalam keadaan seperti orang yang tidak siuman, berjalan dengan terhoyong-hayang, merempuh apa saja yang berada di sekeliling mereka serta hilang pertimbangan diri dan mental. Mereka diibaratkan seperti orang yang dirasuk syaitan yang memiliki ciri-ciri yang sama dengan orang yang tidak siuman (Ibn Kathir, 1981 & al-Zuhaili, 2001).
Perumpamaan ini berperanan untuk mendidik manusia agar tidak terlibat dengan perbuatan riba. Ia mengundang kemurkaan Allah s.w.t. kerana ia membawa kepada sifat-sifat terkeji seperti penindasan dan kezaliman, memakan harta orang lain dengan cara yang batil serta mendapat keuntungan tanpa memerlukan usaha dan kerja keras (al-Zuhaili, 2001). Perbuatan ini juga menghalang sifat kasih sayang, tolong-menolong serta bekerjasama dalam hidup bermasyarakat. Perumpamaan ini memberikan kesan yang mendalam terhadap jiwa manusia kerana ia memberi gambaran yang cemas dan menakutkan terhadap keadaan orang yang melakukan perbuatan riba. Ia berperanan memberi amaran keras yang menggoncang hati setiap orang yang ingin melakukan perbuatan tersebut.
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KEBERKESANAN PERUMPAMAAN AL-QURAN SEBAGAI TERAPI KESIHATAN MENTAL Daripada keterangan di atas, jelas kepada kita bahawa perumpamaan al-Quran memainkan peranan yang sangat besar dalam meningkatkan kesihatan mental manusia. Selain daripada itu, keistimewaan yang ada padanya juga menjadikannya amat berkesan menjadi terapi kesihatan mental. Manna’ al-Qattan (2000) telah menggariskan beberapa perkara yang menggambarkan keistimewaan perumpamaan al-Quran. Antara perkara-perkara tersebut ialah: 1.
Perumpamaan al-Quran memperjelaskan perkara ’aqli (perkara yang digambarkan dalam pemikiran akal) dalam bentuk hissi (yang dapat dirasai oleh pancaindera). Ianya lebih memudahkan pemahaman manusia. Contohnya ialah perumpamaan yang telah dibincangkan sebelum ini dalam surah al-Baqarah, ayat 264 mengenai sifat riyak dalam bersedekah.
2.
Perumpamaan al-Quran mendedahkan sesuatu yang ghaib (tidak nyata) dalam bentuk yang nyata dan realistik. Contohnya ialah perumpamaan yang telah dibincangkan sebelum ini dalam surah al-Baqarah, ayat 275 mengenai pengharaman perbuatan riba.
3.
Perumpamaan al-Quran menghimpunkan makna dan maksud yang menarik dalam ungkapan yang ringkas. Contohnya ialah perumpamaan dalam surah Hud, ayat 24 yang bermaksud: “Bandingan dua golongan (yang kafir dan yang beriman) itu samalah seperti orang yang buta serta pekak, dengan orang yang celik serta mendengar; kedua-dua golongan itu tidaklah sama keadaannya. (Setelah kamu mengetahui yang demikian) maka tidakkah kamu mahu mengambil peringatan dan insaf ?”
4.
Perumpamaan al-Quran mendidik jiwa manusia agar mudah menyukai suatu sifat yang baik. Contohnya ialah perumpamaan yang telah dibincangkan sebelum ini dalam surah alBaqarah, ayat 261 mengenai ganjaran pahala yang berlipat ganda kepada mereka yang ikhlas membelanjakan harta pada jalan Allah s.w.t.
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5.
Perumpamaan al-Quran mendidik jiwa manusia agar mudah membenci suatu sifat yang keji. Contohnya ialah perumpamaan yang telah dibincangkan sebelum ini dalam surah al-Hujurat, ayat 12 mengenai balasan buruk kepada mereka yang mengumpat orang lain semasa ketiadaannya.
6.
Perumpamaan al-Quran mengungkapkan kata-kata pujian yang memberi motivasi kepada pendengar untuk mencontohi sifat-sifat orang yang dipuji. Contohnya ialah perumpamaan dalam surah al-Fath, ayat 29 yang bermaksud: “Nabi Muhammad s.a.w. ialah Rasul Allah; dan orang-orang yang bersama dengannya bersikap keras dan tegas terhadap orang-orang kafir yang (memusuhi Islam), dan sebaiknya bersikap kasih sayang serta belas kasihan kasihan sesama sendiri (umat Islam). Engkau melihat mereka tetap beribadat rukuk dan sujud, dengan mengharapkan limpah kurnia (pahala) dari Tuhan mereka serta mengharapkan keredaanNya. Tanda yang menunjukkan mereka (sebagai orang-orang yang soleh) terdapat muka mereka - dari kesan sujud (dan ibadat mereka yang ikhlas). Demikianlah sifat mereka yang tersebut di dalam Kitab Taurat; dan sifat mereka di dalam Kitab Injil pula ialah: (bahawa mereka diibaratkan) sebagai pokok tanaman yang mengeluarkan anak dan tunasnya, lalu anak dan tunasnya itu menyuburkannya, sehingga ia menjadi kuat, lalu ia tegap berdiri di atas (pangkal) batangnya dengan keadaan yang mengkagumkan orang-orang yang menanamnya. (Allah menjadikan sahabat-sahabat Nabi Muhammad, s.a.w dan pengikut-pengikutnya kembang biak serta kuat gagah sedemikian itu) kerana Ia hendak menjadikan orang-orang kafir merana dengan perasaan marah dan hasad dengki - dengan kembang biaknya umat Islam itu. (Dan selain itu) Allah telah menjanjikan orang-orang yang beriman dan beramal soleh dari mereka, keampunan dan pahala yang besar”. Perumpamaan dalam ayat ini didatangkan oleh Allah s.w.t. bagi menggambarkan keadaan para sahabat yang beriman dengan Rasulullah s.a.w. yang pada mulanya adalah amat sedikit, kemudian bilangannya semakin bertambah hinggalah menjadi jumlah yang lebih ramai. Mereka itu adalah umpama tunas tanaman yang pada mulanya amat lemah, namun semakin lama ia semakin membesar hinggalah menjadi kuat dan tegap.
KESIMPULAN
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Manusia yang sihat mentalnya ialah mereka yang beriman dan bertakwa kepada Allah s.w.t. Keimanan dan ketakwaan ini akan memupuk sifat-sifat terpuji dalam diri manusia yang melayakkan mereka untuk mendapat kedudukan yang tinggi di sisi Allah s.w.t. Sebaliknya, manusia yang tidak sihat mentalnya sentiasa mengikut tuntutan hawa nafsu dan godaan syaitan yang akan menyebabkan mereka bersifat dengan sifat-sifat terkeji. Banyak kajian menunjukkan bahawa kesihatan mental rakyat Malaysia berada pada tahap yang merisaukan. Oleh itu, al-Quran perlu dijadikan penyelesaian kepada masalah ini. Hal ini kerana kitab suci al-Quran al-Karim mengandungi banyak perumpamaan yang memainkan peranan penting dalam memotivasikan manusia untuk menghiasi diri mereka dengan sifat-sifat terpuji dan meninggalkan sifat-sifat terkeji. Perumpamaan ini amat mudah difahami dan dihayati kerana ia diandaikan dengan suatu keadaan yang sangat nyata dan dekat dengan kehidupan manusia. Hasil penilitian ke atas beberapa ayat terpilih dalam kajian ini mendapati perumpamaan dalam ayat-ayat tersebut memainkan peranan yang penting dalam mendidik jiwa manusia dengan sifat-sifat terpuji seperti ikhlas, kasih sayang, murah hati, belas kasihan dan sebgainya. Ia juga memberi amaran kepada manusia agar menjauhi sifat-sifat terkeji seperti mengumpat, bakhil, riyak, cintakan dunia dan sebagainya. Hasil kajian juga mendapati bahawa perumpamaan al-Quran memiliki pelbagai keistimewaan yang menyebabkannya menjadi begitu berkesan dalam merawat masalah kesihatan mental. Justeru, semua pihak harus mengambil berat dan perhatian yang serius dalam memahami dan mengambil iktibar daripada perumpaan al-Quran serta menjadikannya sebagai terapi kesihatan mental.
RUJUKAN Al-Quran al-Karim dan terjemahannya. Al-Baghawi, Abu Muhammad al-Husain bin Mas’ud. (1997). Ma’alim al-Tanzil.Riyadh: Dar alTaybah.
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Al-Jauziyyah, Ibn Qayyim. (1981). al-Amthal fi al-Quran al-Karim. Beirut : Dar al-Ma’rifah. Al-Maidani, Abdul Rahman Habannakah. (1992). Amthal al-Quran wa Suwar min Adabih alRafi’. Beirut: Dar al-Qalam. Al-Qattan, Manna’. (2000). Mabahith fi ‘Ulum al-Quran. Riyadh : Maktabah al-Ma’arif. Al-Qurtubi, Abu Abdullah Muhammad bin Ahmad. (t.t.). Tafsir al-Qurtubi. Kaherah: Dar alSya’b. Al-Sya’rawi, Muhammad Mutawalli. (1991). Tafsir al-Sya’rawi. Kaherah: Akhbar al-Yaum. Al-Tabari, Abu Ja’far Muhammad bin Jarir. (1985). Tafsir al-Tabari. Beirut: Dar al-Fikr. Al-Zamakhshariy, Mahmud bin ‘Umar. (1995). al-Kashshaf. Beirut: Dar al-Kutub al-‘Ilmiyyah. Al-Zuhaili, Wahbah bin Mustafa. (2001). al-Tafsir al-Wasit. Damsyik: Dar al-Fikr. Al-Zuhaili, Wahbah bin Mustafa. (1998). al- Tafsir al-Munir. Damsyik: Dar al-Fikr al-Mu’asir. Anis, Ibrahim; Abdul Halim Muntasir; al-Sowalihi, ‘Atiyyah & Muhammad Khalfullah Ahmad. (t.t.). al-Mu’jam al-Wasit. T.T.P : T.P. Ibn Kathir, Abu al-Fidak Isma’il al-Dimasyqi. (1981). Tafsir Ibn Kathir. Beirut: Dar al-Fikr. Ibn Manzur. (1995). Lisan al-‘Arab.Beirut: Dar Ihya’ al-Turath al-‘Arabi. Kamal Abd. Manaf. (2000). Kaunseling Islam Satu Alternatif Baru di Malaysia. Kuala Lumpur: Utusan Publications & Distributors Sdn. Bhd. Kementerian Kesihatan Malaysia. (2000). Diperolehi daripada http://www.infosihat.gov.my/infosihat/kchs/KCHS_2000/pdf/manualMesej/Man_Mesej%2 0Utama%20KCHS%202000_BM.pdf Kementerian Kesihatan Malaysia. (2012). Report of the Third National Health and Morbidity Survey, 2011. Putrajaya
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UNDANG-UNDANG PERSONAL PRIBUMI SABAH: KONFLIK BIDANG KUASA MAHKAMAH SYARIAH DAN MAHKAMAH ANAK NEGERI DI SABAH Pg Ismail bin Pg Musa1, Siti Zubaidah bte Ismail (DR), Narizan Abdul Rahman (DR) Abstrak Konflik perundangan di antara Mahkamah Anak Negeri dan Mahkamah Syariah bukanlah suatu perkara yang baharu. Senario ini berlaku kerana kedua-dua Mahkamah tersebut adalah forum convenience kepada masyarakat pribumi Sabah berkenaan undang-undang diri dan undang kesalahan kecil yang kebanyakkannya menjurus kepada kesalahan matrimoni dan kesopanan. Di samping itu kedua Mahkamah tersebut pernah ditabdir secara bersama sejak tahun 1881 hinggalah tahun 1977 apabila Mahkamah Syariah ditubuhkan di Sabah. Konflik perundangan ini kemudiannya telah membawa kepada konflik pentadbiran yang menyusahkan pelanggan Mahkamah Anak Negeri terutamanya, yang beragama Islam. Antara permasalahan yang dihadapi ialah pendakwaan berulang, kesalahaturan dalam pendaftaran perkahwinan dan perintah Mahkamah Anak Negeri yang tidak diiktiraf oleh agensi-agensi kerajaan yang menguatkuasakan perintah berkenaan. Objektif kertas ini adalah untuk meneliti persamaan dan perbezaan peruntukan undang-undang substantif di antara kedua-dua Mahkamah tersebut dan mengkaji apakah implikasi konflik tersebut khususnya kepada pribumi Sabah yang beragama Islam. Melalui kaedah kajian kepustakaan, semua peruntukan undang-undang substantif di Mahkamah Anak Negeri dan Mahkamah Syariah akan dianalisis melalui analisis perbandingan untuk mencapai objektif kajian ini. Empat undangundang yang akan dikaji ialah Enakmen Mahkamah Anak Negeri 1992, Enakmen Undang-Undang Keluarga Islam Negeri Sabah 2004 dan 1996 dan Enakmen Kesalahan Jenayah Syariah Negeri Sabah 1995. Seksyen 9 EMAN 1992 dan beberapa keputusan Mahkamah Rayuan Anak Negeri juga telah cuba memberikan mekanisme untuk menangani konflik ini juga akan diteliti. Kajian boleh dimanfaatkan samaada untuk akademik dan industri bagi menggelakkan konflik diantara oleh Mahkamah Anak Negeri dan Mahkamah Syariah bagi mengharmonikan “pluralisme” sistem perundangan yang diamalkan di Malaysia.
PENDAHULUAN Sistem perundangan plural adalah sebahagian struktur asas Perlembagaan Persekutuan (Sanggeeta Sharmin: 2012, M.B Hooker: 1976,1980, Andrew Harding: 2012, Sheridan & Groves:2004, Abdul Aziz Bari: 2008, Shad Saleem Faruqi: 2008). Bagi kebanyakkan negeri di Malaysia, perundangan plural merujuk kepada pemakaian dua sistem undang-undang iaitu undang-undang syariah dan undangundang sivil yang berasaskan undang-undang common dan ekuiti Inggeris (Andrew Harding: 2012, Abdul Aziz Bari: 2008). Berdasarkan Perkara 4 Perlembagaan Persekutuan, Kerajaan Negeri hanya boleh menggubal undang-undang peribadi bagi orang Islam dan adat istiadat orang Melayu seperti yang telah diperuntukan dalam Senarai Dua Jadual Sembilan tersebut. Sekiranya Kerajaan Negeri
1
Jabatan Syariah dan Undang-Undang, APIUM,
[email protected]
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menggubal undang-undang berkenaan diluar dari ruang lingkup tersebut, maka, undang-undang tersebut adalah ultra vires (Shad Saleem Faruqi: 2008)
Bagi negeri Sabah dan Sarawak, perundangan plural bukan sahaja merujuk keapada undang-undang syariah dan sivil, tetapi juga undang-undang adat pribumi Sabah. Senarai 2A- Senarai Dua Jadual Sembilan - Senarai Tambahan Bagi Negeri Sabah dan Sarawak, telah memberikan ruang kepada Kerajaan Negeri Sabah untuk menggubal undang-undang adat bagi masyarakat pribumi Sabah mengenai undang-undang peribadi dan adat istiadat mereka (M.B Hooker:1980). Dengan itu, terdapat tiga sistem perundangan undang-undang peribadi di Sabah. Konflik berlaku sekiranya seseorang itu mempunyai lebih daripada satu forum berkenaan undang-undang peribadi mereka.
Konflik ini pernah menjadi satu polemik pada tahun 2013 dalam satu kes rogol bawah umur (statutory rape) yang melibatkan seorang kanak-kanak perempuan berumur 13 tahun dengan seorang peniaga restoran, Redzuan Masmud. Dalam kes tersebut, tertuduh telah didakwa di bawah seksyen 375(g) Kanun Keseksaan kerana merogol seorang kanak-kanak perempuan 13 tahun di dalam sebuah kereta di Kiansom Kota Kinabalu. Kes tersebut telah menimbulkan persoalan perundangan apabila kes yang sama juga telah dibicarakan di Mahkamah Anak Negeri dan selesai dengan denda sebanyak RM 5,000.00. Semasa prosiding pendakwaan berjalan, tertuduh juga telah berkahwin dengan kanak-kanak tersebut dan didaftarkan di Jabatan Hal Ehwal Agama Islam Negeri Sabah. Mantan Peguam Negara Tan Sri Ghani Patail menjelaskan bahawa pendakwaan kes tersebut tidak pernah diberhentikan dan apa yang berlaku di Mahkamah Anak Negeri akan dikaji.2 Namun apa yang berlaku di Mahkamah Anak Negeri tersebut kekal menjadi satu polemik kerana tiada sebarang
2
MalaysiaKini, AG: Kes rogol bawah umurdi Sabah tak pernah digugur. https://www.malaysiakini.com/news/230937. Akses pada 1 september 2016, http://www.sinarharian.com.my/semasa/gani-patail-kes-rogol-bawah-umur-di-sabah-tidak-pernah-digugur1.162899. Akses pada 1 september 2016.
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kenyataan dikeluarkan berkenaan kajian yang dinyatakan oleh mantan Peguam Negara tersebut. Apa yang menarik dalam laporan akhbar tersebut juga, Peguam Besar Negeri Sabah, Datuk Mariati Roberts menggesa tertuduh juga didakwa di Mahkamah Syariah atas pertuduhan zina.3
Dalam satu senario lain, satu kajian yang telah dijalankan oleh Pg Ismail bin Pg Musa dan Siti Zubaidah Ismail (2015), terdapat kes perkahwinan antara orang Islam dan bukan Islam didaftarkan di Mahkamah Anak Negeri. Perkahwinan ini adalah bertentangan dengan undang-undang perkahwinan Negara yang tidak membenarkan pendaftaran perkahwinan antara orang Islam dan Bukan Islam. Akibatnya, perkahwinan ini telah membawa kesulitan kepada pasangan yang terlibat untuk mendaftarkan kelahiran anak mereka di Jabatan Pendaftaran Negara (JPN) dan menyebabkan pihak yang beragama Islam dalam perkahwinan tersebut, memfailkan permohonan keluar Islam atau permohonan pengesahan status agama di Mahkamah Tinggi Syariah bagi tujuan pendaftaran kelahiran anak mereka di JPN Seterusnya, perkahwinan campur tersebut bukan sahaja menyusahkan pasangan tersebut, tetapi juga telah menyebabkan kekeliruan identiti beragama di kalangan masyarakat Pribumi Sabah (Pg Ismail Pg Musa & Siti Zubaidah Ismail: 2015).
Dua senario malang ini merupakan senario yang melibatkan masyarakat Islam pribumi Sabah. Persoalannya, mengapa konflik ini boleh berlaku di Sabah dan apakah mekanisme undang-undang dalam menangani konflik perundangan ini. Menerusi penulisan-penulisan yang berkaitan dan juga undang-undang yang berkuatkuasa, Penulis akan meneliti apakah undang-undang peribadi masyarakat pribumi Sabah yang diperuntukan mengikut undang-undang adat dan setakat manakah “ketertaklukan” masyarakat Islam pribumi Sabah terhadap undang-undang adat tersebut.
3
ibid
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Berdasarkan dua senario di atas, fokus akan diberikan kepada undang-undang peribadi berkenaan pelanggaran adat dan perkahwinan. UNDANG-UNDANG PERIBADI MASYARAKAT PRIBUMI SABAH DALAM KERENGKA PERUNDANGAN NEGARA
Undang-undang peribadi merupakan undang-undang yang hanya terpakai kepada kumpulan etnik, agama atau kelas sosial tertentu berdasarkan kepada ajaran agama atau amalan adat setempat ataupun keperluan untuk sesebuah kelas sosial masyarakat (M.B Hooker: 1980,1976). Menurut M.B Hooker, perkembangan kepelbagaian undang-undang peribadi di Malaysia dipengaruhi oleh Pengenalan Piagam Keadilan Inggeris oleh pihak kolonial Inggeris, Prinsip-prinsip keadilan Inggeris dan juga kesesuaian pemakaian undang-undang peribadi tersebut mengikut adat dan agama (M.B Hooker:1980,1976).
Di Semenanjung Malaysia, perkembangan undang-undang persenol bermula dengan pengenalan kepada Piagam Keadilan Inggeris (Charted of Justice) di Negeri-negeri Selat iaitu pada Mac 1807, November 1982 dan Ogos 1855 (M.B Hooker:1976). Ketiga-tiga Piagam Keadilan tersebut telah menjadikan Undang-Undang Comman dan ekuiti Inggeris sebagai undang-undang utama melainkan dalam hal ehwal adat dan agama Islam (M.B Hooker:1976). Oleh kerana itu, dalam sejarah kolonial Inggeris, Sultan telah diberikan kuasa yang eksklusif dalam mentadbir sistem perundangan Islam dan adat istiadat tempatan sesuai dalam kerengka perundangan Inggeris di Tanah Melayu pada ketika itu (M.B Hooker: 1976,1980)
Kedudukan ini terus kekal sehingga kini. Senarai Dua Jadual Sembilan Perlembagaan Persekutuan memperuntukan, pentadbiran agama Islam dan adat istiadat orang Melayu adalah di bawah
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kekuasaan raja-raja Kerajaan Negeri melalui badan penggubal undang-undang kerajaan negeri. Namun bidang kuasa Mahkamah Syariah tersebut hanyalah merangkumi undang-undang peribadi dan matrimonial bagi orang-orang Islam seperti yang diperuntukan dalam Senarai Dua Jadual Sembilan;
Kecuali mengenai Wilayah-wilayah Persekutuan Kuala Lumpur, Labuan dan Putrajaya Hukum Syarak dan undang-undang diri dan keluarga bagi orang yang menganut ugama Islam, termasuk Hukum Syarak berhubung dengan mewarisi harta berwasiat dan tak berwasiat,pertunangan, perkahwinan, perceraian, maskahwin, nafkah, penggambilan anak angkat ,taraf anak, penjagaan anak, pemberian, pembahagianharta dan amanah bukan kahirat; Wakaf Islam dan ta’arif serta peraturan mengenai amanah kahirat dan khairat ugama,perlantikan pemegang-pemegang amanah dan perbadanan bagi orang-orang mengenai pemberian ugama Islam dan kahirat, yayasan, amanah, khairat dan yayasan kahirat yang dijalankan, kesemuannya sekali dalam Negeri; adat istiadat Melayu;zakat Fitrah dan Bait-ul-mal atau hasil ugama Islam yang seumpamanya; masjid atau manamana tempat sembahyang awam untuk orang Islam; mengadakan dan menghukum kesalahankesalahan yang dilakukan oleh orang-orang yang menganut agama Islam terhadap rukunrukun Islam, kecuali mengenai perkara-perkara yang termasuk dalam Senarai Persekutuan;keanggotaan; penyusunan dan acara bagi mahkamah-mahkamah Syariah, yang akan mempunyai bidangkuasa hanya ke atas orang- orang yang menganut ugama Islam dan hanya mengenai mana-mana perkara yang termasuk dalam peranggan ini, tetapi tidak mempunyai bidangkuasa mengenai kesalahan kesalahan kecuali setakat yang diberi oleh undang-undang persekutuan;mengawal penggembangan iktikad dan kepercayaan antara orang-orang yang menganut Islam; menentukan perkara-perkara Hukum Syarak dan iktikad dan adat istiadat melayu.
Sementara itu, bagi negeri-negeri Sabah dan Sarawak, undang-undang peribadi masyarakat pribumi Sabah diperkukuhkan melalui Perjanjian Malaysia yang dimetrai oleh Persekutuan Tanah Melayu, Sabah dan Sarawak pada tahun 1963 (Mohammad Agus Yusoff: 2006). Selepas laporan Suruhanjaya Cobbold dibacakan pada Julai 1962, Jawatankuasa Lansdowne telah ditubuhkan bagi memuktamadkan penubuhan Malaysia (Mohammad Agus Yusoff: 2006). Memandangkan Jawatankuasa tersebut berpandangan Perlembagaan Persekutuan yang sedia ada pada ketika itu sudah memadai untuk dijadikan Perlembagaan Persekutuan Malaysia, para pemimpin parti politik di Sabah telah mengemukakan 20 Perkara (20 Points) yang harus dipelihara oleh Kerajaan Persekutuan sebagai jaminan kebajikan masyarakat Sabah di dalam Malaysia (Mohammad Agus Yusoff: 2006, Regina Lim: 2008, Mohammad Nazim Ganti Shaari: 2014). Perkara 12 daripada 20 perkara yang dipersetujui ialah berkenaan kedudukan istemewa pribumi Sabah.
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Refleksi daripada perjanjian tersebut ialah, satu senarai tambahan iaitu Senarai 2A ke dalam Jadual Sembilan, Senarai Dua khusus bagi negeri Sabah dan Sarawak. Senarai tersebut telah memberi kuasa kepada kerajaan Sabah dan Sarawak untuk menubuhkan Mahkamah Adat yang mempunyai bidang kuasa berkenaan undang keluarga, undang-undang peribadi dan adat pribumi Sabah dan Sarawak. “13. Undang-undang dan adat istiadat bumiputera, termasuk undang-undang diri berhubung dengan perkahwinan,perceraian, penjagaan anak, nafkah, pengambilan anak angkat,taraf anak, undang-undang keluarga,pemberian atau mewarisi harta berwasiat atau tak berwasiat, pendaftaran pengambilan anak angkat menurut undang-undang atau adat istiadat bumiputera; menentukan perkara-perkara mengenaiundang-undang atau adat istiadat bumiputera; keanggotaan, penyusunan dan acara mahkamah-mahkamah bumiputera (termasuk hak didengar dalam mahkamah-mahkamah itu), dan bidang kuasa serta kuasa-kuasa mahkamah-mahkamah itu, yang akan hanya meliputi perkara-perkara yang termasuk dalam perenggan ini sahaja dan tidak termasuk bidang kuasa mengenai kesalahan-kesalahan kecuali setakat mana yang diberi oleh undang-undang persekutuan”
Melalui Senarai Tambahan tersebut, terdapat tiga sistem perundangan di Sabah iaitu perundangan Sivil, perundangan Syariah dan perundangan adat. Ketiga-tiga Mahkamah ini beroperasi secara seiring (parallal) walaupun secara amalannya, keputusan Mahkamah Anak Negeri boleh disemak oleh Hakim Mahkamah Tinggi Sabah dan Sarawak (Herman J.Luping:2009). Kedudukan ini telah menjadikan Mahkamah Anak Negeri menjadi relevan dan signifikan dalam sistem perundangan plural di Sabah. SIAPA PRIBUMI SABAH? Persoalan ini belum boleh dijawab secara eksklusif kerana belum ada undang-undang yang menjelaskan etnik apakah yang diiktiraf sebagai pribumi Sabah. Satu-satu rujukan terhadap tafsiran Pribumi Sabah atau Anak Negeri Sabah ialah seksyen 2 Ordinan Tafsiran (Anak Negeri) 1952. Namun para sarjana melihat tafsiran ini terlalu fleksibel (M.B Hooker;1980, James F. Ongkili: 2003). Seksyen 2 Ordinan tersebut memperuntukan seperti berikut; 2.
(1) Di mana-mana jua perkataan ‘anak negeri’, digunakan sebagai ganti (substantif), berada dalam mana-mana undang-undang bertulis yang berkuat
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kuasa pada permulaan Ordinan ini, selain daripada Ordinan-Ordinan yang dinyatakan dalam Jadual kepada Ordinan ini, atau dalam mana-mana undang-undang bertulis yang mula berkuatkuasa selepas pelaksanaan Ordinan ini, kecuali sebagaimana yang diperuntukkan dengan nyata, hendaklah bermaksud seperti berikut− (a) mana-mana orang dengan kedua-dua ibu bapa merupakan atau pernah menjadi orang asli Sabah; atau (b) mana-mana orang yang biasanya bermastautin di Sabah dan menjadi dan menjalani hidup sebagai anggota kepada komuniti bumiputera, sekurang-kurangnya salah seorang ibu bapa atau keturunan ialah atau merupakan orang asli mengikut pengertian perenggan (a) di atas; atau (c) mana-mana orang yang biasanya bermastautin di Sabah, ialah anggota kepada orang Suluk, Kagayan, Simonol, Sibutu atau Ubian atau merupakan orang asli kepada Negeri Sarawak atau Negeri Brunei, telah hidup sebagai dan telah menjadi anggota kepada komuniti bumiputera tidak putus-putus dalam tempoh masa 3 tahun sebelum tarikh pengakuannya menjadi orang asli, mempunyai watak baik sepanjang tempoh masa dan yang tinggal di Sabah tidak terhad kepada mana-mana peruntukan Akta Imigresen 1959/1963 [Akta 155]; Dengan syarat sekiranya salah seorang ibu bapa kepada orang itu merupakan atau pernah menjadi anggota kepada mana-mana orang dan sama ada tinggal atau sekiranya simati dikebumikan atau dikatakan dikebumikan di Sabah, tempoh kelayakan hendaklah dikurangkan kepada dua tahun; atau (d) mana-mana orang yang biasanya bermastautin di Sabah, merupakan anggota kepada orang asli Republik Indonesia atau Gugusan Pulau Sulu dalam Kepulauan Filipina atau Negeri Malaya atau Republik Singapura, yang telah tinggal dan telah menjadi anggota kepada komuniti bumiputera tidak putus-putus dalam tempoh masa 5 tahun mempunyai watak baik sepanjang tempoh masa dan yang tinggal di Sabah tidak terhad kepada mana-mana peruntukan Akta Imigresen 1959/1963 [Akta 155];
Rentetan daripada tiada tafsiran yang jelas mengenai pribumi Sabah, para sarjana mempunyai pendekatan yang berbeza dalam mentasirkan anak negeri Sabah. Menurut M.B Hooker (1980), Anak Negeri Sabah boleh dibahagikan kepada dua kategori; (i) Anak Negeri asal Sabah, dan (ii) Orang yang mendapat hak sebagai Anak Negeri Sabah kerana berkahwin dengan Anak Negeri Sabah ataupun yang telah memenuhi kehendak tafsiran tersebut. Siti Aidah Lokin (2007) pula telah membahagikan pribumi di Sabah kepada tiga iaitu (i) pribumi Sabah yang asalnya beragama Islam seperti Brunei, Iranun dan Suluk, (ii) Pribumi Sabah yang bukan beragama Islam seperti Kadazan, Dusun, Lotud, Lundayeh, Dumpas dan lain-lain dan seterusnya (iii) pribumi Sabah yang baru memeluk Islam.
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Isu tafsiran anak negeri Sabah bukan sahaja memberi impak kepada perbincangan perundangan dan akademik, tetapi juga kepada pentadbiran kerajaan. Jabatan Pendaftaran Negara contohnya telah menerima pakai senarai anak negeri yang dikeluarkan oleh Pejabat Hal Ehwal Anak Negeri Sabah pada tahun 2008 melalui Arahan Jabatan Pendaftaran Negara Bil.11/2009. Dalam senarai tersebut terdapat 15 suku yang dikategorikan sebagai Anak Negeri iaitu Kadazandusun, Bajau, Murut, Brunei, Rungus, Bisaya, Idahan, Iranun, Kadayan, Sungai, Lundayeh, Suluk, Tidung, Bulongan dan Balabak. Manakala Lembaga Kebudayaan Negeri Sabah telah mengkategorikan 16 suku sebagai anak negeri yang termasuk etnik Subpan. Oleh kerana itu, samada dari perspektif perundangan, pentadbiran dan akademik, isu tafsiran ini masih relevan dan signifikan untuk dibincangkan sehinggalah satu tafsiran yang jelas dikanunkan bagi mengenalpasti apakah etnik yang dikategorikan sebagai anak negeri Sabah.
PERKEMBANGAN PENTADBIRAN UNDANG-UNDANG PERIBADI MASYARAKAT PRIBUMI SABAH
Undang-undang Islam dan undang-undang adat pribumi Sabah merupakan lex loci bagi Borneo Utara (M.B Hooker: 1976,1980, Suwaid tapah:1988, Ismail Mat: 1985). Undang-undang Islam berkembang di kawasan persisiran Pantai Barat dan Pantai Timur Sabah di bawah pemerintahan kesultanan Brunei dan Kesultanan Sulu sejak abad ke 14 lagi (Suwaid Tapah:1988, Ismail Mat: 1985). Majoriti penduduk di persisiran pantai Sabah ialah masyarakat daripada etnik Bajau, Brunei, Bisaya, Bugis dan Suluk. Manakala bagi masyarakat pribumi Sabah yang tinggal di kawasan Pedalaman Sabah terutamanya masyarakat daripada etnik Kadazandusun, murut dan Rungus, mereka kekal mengamalkan kepercayaan animisme (Herman J.Luping: 2009, Suwaid Tapah: 1988, Ismail Mat:1985).
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Memandangkan kedua-dua undang-undang tersebut merupakan lex loci bagi Borneo Utara, maka, pihak Syarikat Berpiagam Borneo Utara mestilah mengiktiraf undang-undang tersebut berdasarkan Prinsip Piagam Keadilan Inggeris (M.B Hooker:1980,1976). Menurut M.B Hooker, pemberian Piagam Keadilan Inggeris (English Charter of Justice) adalah merupakan faktor utama perkembangan undang-undang personal masyarakat Pribumi Sabah (M.B Hooker: 1980,1976). Perkara 9 Piagam Keadilan Inggeris telah memperuntukan pihak Syarikat dalam mentadbir kehakiman di Borneo Utara, perlu mengambil kira undang-undang adat yang menjadi kebiasaan dan amalan masyarakat pribumi Borneo Utara terutamanya berkenaan undang-undang peribadi mereka.
Kajian pertama pihak kolonial mengenai undang-undang adat telah dilakukan dan dibukukan oleh G.C Woolley.4 Tujuh bulletin yang disiapkan oleh beliau menyentuh adat istiadat masyarakat Pribumi Dusun, Murut dan Rungus yang majoritinya tidak mempunyai agama (pagan). Walaupun tujuh bulletin yang disediakan oleh G.C Woolley tersebut bukanlah satu kodifikasi undang-undang, tetapi ia telah menjadi rujukan kepada pihak SBBBU untuk menggendalikan kes-kes berkaitan pribumi di Borneo Utara (M.B Hooker: 1980 , R.Phealan:2003).
Terdapat tujuh undang-undang penting berkaitan dengan pentadbiran undang-undang peribadi masyarakat pribumi Sabah yang telah dikuatkuasakan oleh pihak kolonial sejak tahun 1881. Undang-
4
Arkib Negeri Sabah. Tujuh bulletin tersebut ialah; i. Native Affairs Bullerin No. 1 The Timoguns; a Murut Tribe of the Interioir, North Borneo (1936, Reprinted in 1962), ii. Native Affairs Bulletin No.2, Tuaran Adat; some customs of the Dusun of Tuaran, West Coast Residency, North Borneo (1937, Reprinted in 1953), iii. Native Affairs Bulletin No. 3, Murut Adat; customs regulating inheritance amongst the Nabai tribe of Keningau, and Timogun tribe of Tenom (1939, Reprinted in 1953), iv. Native Affairs Bulletin No. 4 Dusun Adat; customs regulating inherintance amongst Dusun tribe in the coastal plains of Putatan and Papar (1953), v. Native Affairs Bulletin No. 5. Dusun Adat; some customs of Dusuns of Tambunan and Ranau, West Coast Residency, North Borneo (1953). vi. Native Bulletin Affars No.6. Kwijau Adat: customs regulating inheritance amongst the Kwijau tribe of the interior (1939,Reprinted in 1953) dan vii. Native Affairs Bullerin No. &. Dusun Custom in Putatan District, (1932, Reprinted 1962).
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undang tersebut ialah Proklomasi Hak Tanah Anak Negeri 1889,5 Proklomasi Pentadbiran Kampung 1891,6 Ordinan Pentadbiran Kampung 1903,7 Ordinan Pentadbiran Kampung 1913,
8
Ordinan
Pentadbiran Kampung 1937,9 Ordinan Tafsiran (Tafsiran Anak Negeri) 1952,10 Ordinan Orang-Orang Islam 1953,11dan Ordinan Mahkamah Anak Negeri 195312
Dalam ketujuh-tujuh undang-undang tersebut, undang-undang peribadi pribumi Sabah sama ada yang beragama Islam ataupun tidak ditadbir di Mahkamah Anak Negeri. Pada tahun 1971, Enakmen Pentadbiran Hukum Syarak telah digubal yang memberi ruang kepada kerajaan negeri menubuhkan Majlis Ugama Islam Sabah ( Ismail Mat: 1985, Suwaid Tapah: 1988). Namun pada peringkat ini, kes berkenaan undang-undang peribadi masyarakat Islam peribumi Sabah masih diputuskan di Mahkamah Anak Negeri sehinggalah pada tahun 1977 dengan penubuhan Mahkamah Syariah melalui Enakmen Pentabiran Hukum Syarak 1977 (Ismail Mat: 1985, Suwaid tapah:1988, M.B Hooker: 1980). Dengan penubuhan Mahkamah Syariah tersebut, undang-undang peribadi masyarakat Islam pribumi Sabah tidak lagi diputuskan di Mahkamah Anak Negeri MELAINKAN dalam perkara yang tidak diperuntukan di dalam enakmen undang-undang syariah. PENTADBIRAN MAHKAMAH ANAK NEGERI SABAH: PERKEMBANGAN SEMASA Pentadbiran Mahkamah Anak Negeri diletakkan di bawah Kementerian Kemajuan Luar Bandar Negeri Sabah. Oleh kerana itu di peringkat daerah, pentadbiran Mahkamah Anak Negeri berada di bawah seliaan dan kawalan Pejabat Daerah. Sehingga kini (2016), terdapat 26 buah Mahkamah Anak
5
Proclamation No.III of 1889. North Borneo Herald and Gazette, 1889.p.53 Proclamation No. II of 1891. North Borneo Herald and Gazette, 1891.p.86 7 No. 14 of 1903 8 No. 5 of 1913 9 No.2 of 1937 10 No. 12 of 1952 11 No. 7 of 1953 12 No. 6 of 1953 6
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Negeri di seluruh Negeri Sabah.13 Di samping, terdapat sebuah Institut Latihan Anak Negeri dibina di daerah Penampang bagi tujuan latihan dan penyelidikan undang-undang adat dan pentadbirannya di Sabah.14 Pada tahun 2012, Ahli Parlimen Penampang, Tan Sri Benard Dompok telah mengumumkan peruntukan sebanyak 40 juta ringgit bagi pembinaan enam buah Mahkamah Anak Negeri yang baharu.15 Ini menunjukkan kedudukan Mahkamah Anak Negeri adalah relevan dan signifikan kepada kerajaan Negeri Sabah dan masyarakat pribumi Sabah.
Terdapat tiga hirarki Mahkamah Anak Negeri iaitu: Mahkamah Anak Negeri, Mahkamah Anak Negeri Daerah dan Mahkamah Rayuan Anak Negeri. Bagi Mahkamah Anak Negeri, prosiding akan dipengerusikan oleh Ketua Daerah dan dibantu oleh Ketua Anak Negeri dan Ketua Kampung. Ketua daerah dan Ketua Anak Negeri dilantik berdasarkan rekomendasi wakil rakyat di kawasan mengundi berkenaan (M.B Hooker: 1980, Herman J. Luping: 2009, Peter R, Phealan: 2003). Bagi Mahkamah Anak Negeri Daerah pula, prosiding akan dipengerusikan oleh Pegawai Daerah dan dibantu oleh dua Ketua Anak Negeri. Di peringkat Mahkamah Rayuan Anak Negeri pula, prosiding akan dipengerusikan oleh Hakim Mahkamah Tinggi Borneo dan dibantu oleh dua orang Ketua Anak Negeri atau Ketua Daerah (M.B Hooker: 1980 ,Herman J.Luping: 2009, Peter R.Phealan: 2003). Berdasarkan kepada hirarki ini, keputusan Mahkamah Anak Negeri dan Mahkamah Anak Negeri Daerah boleh disemak oleh Hakim Mahkamah Tinggi Borneo. Ini bermakna Mahkamah Anak Negeri bukanlah sebuah institusi kehakiman yang bebas sepenuhnya daripada semakan Mahkamah Sivil seperti mana Mahkamah Syariah yang berfungsi tanpa campurtangan Mahkamah Sivil berikutan efek Perkara 121(1A) Perlembagaan Persekutuan.
13
www.sabah.gov.my/main/ms/Directory/man. Akses pada 10 September 2016. Utusan Malaysia, 26.10.2012 “ILMAN perkukuh perundangan”. Daily Ekspress, 13.10.2102 “Upucara pecah tanah ILMAN peristiwa penting”. 15 Ibid 14
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Pembahagian bidang kuasa di setiap peringkat Mahkamah Anak Negeri berbeza dengan Mahkamah Syariah dan juga Mahkamah Sivil. Pembahagian bidang kuasa Mahkamah Anak Negeri, Mahkamah Anak Negeri Daerah dan Mahkamah Rayuan Anak Negeri hanya merujuk kepada bidang kuasa tempatan (territorial jurisdiction). Dalam erti kata lain, Mahkamah Anak Negeri Daerah lebih berperanan sebagai Mahkamah Rayuan terhadap kes-kes yang diterima daripada Mahkamah Anak Negeri dan begitu juga dengan Mahkamah Rayuan Anak Negeri menerima rayuan daripada Mahkamah Anak Negeri Daerah. Namun, di bawah seksyen 17 EMAN 1992, proses rayuan di Mahkamah Anak Negeri Daerah membenarkan isu fakta dan keterangan dibicarakan semula dan di Mahkamah Rayuan Anak Negeri pula, hanya isu undang-undang sahaja yang boleh dibangkit seperti mana proses rayuan biasa di Mahkamah Syariah dan Mahkamah Sivil.
Seksyen 6(1) Enakmen Mahkamah Anak Negeri 1992 telah memperuntukan undang-undang persenol yang menjadi bidang kuasa Mahkamah Anak Negeri adalah berikut; 6(1) Tiap-tiap Mahkamah Anak Negeri hendaklah menjalankan bidangkuasa asal setakat yang dinyatakan dan tertakluk kepada peruntukan-peruntukan Enakmen ini untuk mendengar, membicarakan, memutuskan dan melupuskan kes-kes berikut; (a) kes-kes yang timbul daripada pelanggaran undang-undang atau adat anak negeri yang semua pihaknya adalah anak negeri; (b) kes-kes yang timbul daripada pelanggaran undang-undang atau adat anak negeri, daripada segi agama, perkahwinan atau seksual, jika izin bertulis Pegawai Daerah yang bertindak atas nasihat dua orang Ketua Anak Negeri telah didapatkan bagi memulakan prosiding jika satu pihaknya adalah bukan anak negeri; (c) kes-kes melibatkan undang-undang atau adat anak negeri berhubung dengan(i) pertunangan, perkahwinan, perceraian,pembatalan perkahwinan, dan pemisah kehakiman; (ii) pengambilan anak angkat , penjagaan dan jagaan budak, nafkah tanggungan dan keesahan; (iii) hadiah atau perwarisan dengan wasiat atau tak berwasiat; dan (d) kes-kes lain jika bidang kuasa diberikan kepadanya oleh Enakmen ini atau manamana undang-undang bertulis yang lain.
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Berdasarkan peruntukan ini, undang-undang peribadi masyarakat pribumi Sabah yang menjadi bidang kuasa Mahkamah Anak Negeri termasuklah hal ehwal perkahwinan termasuklah pertunangan, perkahwinan, perceraian, hal ehwal berkenaan perwarisan dan pengangkatan anak serta pelanggaran terhadap adat perkahwinan Anak Negeri Sabah.
Namun demikian, bagi masyarakarat Pribumi Sabah yang beragama Islam, mereka juga tertakluk kepada undang-undang Islam di Mahkamah Syariah. Bagi menggelakkan berlaku konflik dalam pentadbiran undang-undang peribadi masyarakat pribumi Sabah yang beragama Islam, seksyen 9 EMAN 1992 telah mengecualikan pemakaian EMAN 1992 kepada Anak Negeri Sabah yang beragama Islam dalam hal ehwal yang menjadi bidang kuasa Mahkamah Syariah; “Mahkamah Anak Negeri hendaklah tidak mempunyai bidang kuasa dalam apa-apa perkara yang menjadi bidang kuasa Mahkamah Syariah atau Mahkamah Sivil”.
Persoalan yang relevan dalam isu efek seksyen 9 EMAN 1992 ini ialah apakah pengecualian tersebut merujuk kepada bidang kuasa eksklusif Mahkamah Syariah dan Mahkamah Sivil sahaja. Tidak secara implikasi sepertimana mana yang telah dikurniakan oleh Mahkamah Persekutuan terhadap beberapa kes yang melibatkan konflik di antara Mahkamah Syariah dan Mahkamah Sivil.16Apakah Mahkamah Anak Negeri mempunyai bidang kuasa terhadap perihal adat pribumi Sabah sekiranya perkara tersebut tidak diperuntukan secara nyata sama ada mengikut undang-undang sivil, syariah dan adat? Persoalan ini belum dapat dijawab kerana setakat ini, belum ada kes dari Mahkamah Anak Negeri mahupun Mahkamah Syariah yang mentafsirkan secara tuntas mengenainya. PERUNTUKAN UNDANG-UNDANG PERIBADI MASYARAKAT PRIBUMI SABAH DI BAWAH EMAN 1992
16
sebut beberapa kes
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Undang-undang adat yang berkuat kuasa di Sabah telah dikanunkan di dalam Enakmen Mahkamah Anak Negeri 1992 dan tiga Kaedah Undang-undang Adat yang lain iaitu; Kaedah Mahkamah Anak Negeri (Pendaftaran Peguam Mahkamah Rayuan Anak Negeri) 1995, Kaedah Mahkamah Anak Negeri (Amalan dan Tatacara) 1995 dan Kaedah-Kaedah Mahkamah Anak Negeri (Undang-Undang Adat Anak Negeri) 1995. Bagi undang-undang keluarga, Pelanggaran Adat Anak Negeri Kaedah-Kaedah Mahkamah Anak Negeri (Undang-Undang Adat Anak Negeri) 1995 memperuntukan 55 jenis perbuatan dan peninggalan salah telah dikategorikan sebagai kesalahan pelanggaran adat. Kesalahan tersebut dibahagikan kepada 7 Bahagian mengikut jenis kesalahan pelanggaran adat, iaitu,i) serangan, hentaman dan kelakuan mengancam (4 kaedah), ii) kesalahan seksual (4 kaedah), iii) perkahwinan, pertunangan dan pikatan (8 kaedah), iv) tanah perkuburan dan kematian (10 kaedah), v) perangai buruk melampau, kelucahan dan khianat (22 kaedah), vi)mungkir janji (1 kaedah), vii) kelahiran dan pantang adat (3 kaedah). Jadual 1 menunjukkan senarai kesalahan adat yang yang mempunyai peruntukan yang serupa dengan peruntukan kesalahan Jenayah Syariah dan Kanun Keseksaan. Jadual 1 : Kesalahan Pelanggaran Adat di dalam dan perbandingannya dengan peruntukan kesalahan dan jenayah di Mahkamah Syariah dan Mahkamah Sivil. BIL 1
MAHKAMAH ANAK NEGERI Kaedah 4: Menyebabkan kecederaan
2
Kaedah 5: Ancaman
3
MAHKAMAH SYARIAH tiada tiada
Kaedah 6: Bangkitan Marah tiada
5
Kaedah 8:
Seksyen 78 EKJS 1995: Perbuatan sumbang
421
MAHKAMAH SIVIL Seksyen 321 Dengan sengaja menyebabkan cedera Seksyen 503: Kesalahan menakutkan secara jenayah Seksyen 504 Dengan sengaja mengaibkan dengan niat hendak membangkitkanpecah keamanan Seksyen 376A Sumbang mahram
6 7
8
10 12 13 14 17
Perbuatan sumbang kadim (adat sumbang). Kaedah 9: Persetubuhan di antara sanak saudara. Kaedah10: Persetubuhan haram di antara orang-orang yang belum berkahwin (mianu-anu) Kaedah 11: Persetubuhan haram di ladang atau sawah (mianuanu) Kaedah 13: Penamatan pertunangan Kaedah 15: persetubuhan haram oleh orang yang bertunang. Kaedah 20: Perkahwinan bigami atau poligami Kaedah 21: Memikat anak dara orang lain
Seksyen 78 EKJS 1995: Perbuatan sumbang Seksyen 80 EKJS 1995: Persetubuhuan haram Seksyen 80 EKJS 1995: Persetubuhan haram Seksyen 67 EKJS 1995: Mungkir tunangan Seksyen 80 EKJS 1995: Persetubuhan haram
Seksyen 87: Melarikan anak dara orang tiada
Kaedah 26: membakar kubur dengan tanpa sengaja
tiada
19
Kaedah 27: Kerosakan pada kubur
tiada
20
Kaedah 25: Membakar kubur tanpa sebab munasabah Kaedah 25: Membakar kubur tanpa sebab munasabah Kaedah 28: Gangguan kepada kubur
18
21 22 27 28 29 30 31
Kaedah 33: Serangan lucah Kaedah 34: Pendedahan lucah Kaedah 35: Perkataan, bunyi atau isyarat lucah Kaedah 36: Perkataan atau isyarat memfitnah Kaedah 37:
tiada tiada tiada tiada Seksyen 494 Bigami
tiada
Kaedah 24: Mengali kubur
Seksyen 376A Sumbang mahram
tiada tiada tiada tiada tiada Seksyen 100: Mengacau
tiada Seksyen 297 Pencerobohan ditempattempat perkuburan Seksyen 297 Pencerobohan ditempattempat perkuburan Seksyen 297 Pencerobohan ditempattempat perkuburan Seksyen 297 Pencerobohan ditempattempat perkuburan Seksyen 297 Pencerobohan ditempattempat perkuburan Seksyen 297 Pencerobohan ditempattempat perkuburan Seksyen 377D: Melanggar kesopanan Seksyen 377D: Melanggar kesopanan tiada
Seksyen 66 EKJS 1995: Fitnah
tiada
Seksyen 66 EKJS 1995:
Seksyen 499:
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Fitnah Seksyen 277 tiada Mengotorkan air sesuatu mata air atau kolam air awam 42 Kaedah 48: Seksyen 289: Tanggungan terhadap tiada Kecuaian berkenaan dengan kerosakan oleh binatang haiwan Sumber: Kaedah Mahkamah Anak Negeri (Undang-Undang Adat Anak Negeri) 1995, Enakmen Kesalahan Jenayah Syariah (Sabah) 1995, Enakmen Undang-Undang Keluarga Islam 1996 dan 2004 dan Kanun Keseksaan. 34
Menyebar khabar angin Kaedah 40: Pencemaran sumber air.
Fitnah
Dari segi hukuman, Akta Mahkamah Anak Negeri (Bidangkuasa Jenayah) 1991 memperuntukan, kesalahan-kesalahan tersebut boleh dihukum denda dengan tidak melebihi RM 5,000 atau penjara tidak melebihi 2 tahun atau kedua-duanya sekali. Selain daripada denda tersebut, pihak yang disabitkan melakukan pelanggran adat tersebut boleh juga dikenakan Sogit, denda adat, denda malu, babas, kepanasan kampung dan juga kos Mahkamah. Berdasarkan kepada Kaedah-Kaedah Mahkamah Anak Negeri (Undang-Undang Anak Negeri) 1995 tersebut, terdapat 3 kaedah hukuman terhadap tertuduh; i.
Membayar sogit atau apa-apa pampasan yang berbentuk haiwan ternakan kepada pihak yang terkilan, ATAU, sekiranya ingkar, membayar denda dalam bentuk wang atau pemenjaraan. Kaedah ini diaplikasikan dalam kebanyakan peruntukan berkenaan kesalahan pelanggaran adat.
ii.
Membayar sogit atau apa-apa pampasan yang berbentuk haiwan ternakan kepada pihak yang terkilan DAN membayar denda dalam bentuk wang atau pemenjaraan. Contoh pemakaian kaedah ini ialah Kaedah 8 berkenaan perbuatan sumbang kadim. Hukuman yang ditetapkan ialah Sogit tidak melebihi 3 ekor ternakan DAN Denda tidak melebihi RM 5,000 atau penjara tidak melebihi 24 bulan atau kedua-duanya sekali.
iii.
Membayar sogit atau apa-apa pampasan yang berbentuk haiwan ternakan kepada pihak yang terkilan DAN membayar denda dalam bentuk wang atau pemenjaraan DAN membayar kepanasan kampong kepada penduduk kampong. Contohnya Kaedah 12 berkenaan kesalahan persetubuhan haram di antara orang-orang yang belum berkahwin (mianu-anu), sekiranya sabit, hukumannya ialah sogit kepada pihak yang terkilan tidak melebihi 2 ekor ternakan DAN membayar kepanasan kampong DAN denda tidak melebihi RM 1,500 atau penjara tidak melebihi 6 bulan atau keduanya sekali.
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Berdasarkan Jadual 1 dan juga bentuk hukuman di Mahkamah Anak Negeri terdapat dua konflik perundangan dalam pelanggaran adat iaitu pertindihan peruntukan dan hukuman yang melebihi daripada had yang ditetapkan oleh undang-undang Persekutuan. Terdapat 17 peruntukan Kaedah pelanggaran adat yang bertindih dengan peruntukan Kanun Keseksaan, 10 peruntukan kaedah bertindih dengan Undang-undang kesalahan jenayah syariah dan 4 kaedah yang bertindih dengan kedua-dua Mahkamah Sivil dan Syariah. Pertindihan inilah menyebabkan berlakunya perbicaraan berulang terutamannya bagi masyarakat islam pribumi Sabah. Selain daripada kes Redzuan Masmud yang telah dibincangkan sebelum ini, Anita Nasirin dalam satu kajian yang telah dilakukannya pada tahun 2007, mendapati terdapat sekirang-kurang dua kes pendakwaan berulang di Mahkamah Anak Negeri Kota Kinabalu iaitu kes MAN/KK/No.65/93 dan MAN/KK/No.78/93. Berdasarkan Anita Nasirin, kedua kes tersebut telahpun didakwa di Mahkamah Tinggi Syariah Kota Kinabalu atas kesalahan persetubuhan haram, namun, kedua mereka juga telah didakwa di Mahkamah Anak Negeri Kota Kinabalu atas kesalahan persetubuhan haram dan telah dikenakan sogit (Anita Nasirin: 2007)
Perkara 7 Perlembagaan Persekutuan yang menjamin hak semua individu yang bermastautin di Malaysia daripada menjalani perbicaraan berulang; “(1) Tiada sesiapa pun boleh dihukum kerana sesuatu perbuatan atau ketinggalan yang tidak menjadi kesalahan di sisi undang-undang pada masa perbuatan atau ketinggalan itu dilakukan dan kerana sesuatu kesalahan tiada sesiapa pun yang boleh menanggung hukuman yang lebih berat daripada yang telah ditetapkan oleh undang-undang pada masa kesalahan itu dilakukan. (2) seseorang yang telah dibebaskan daripada sesuatu kesalahan atau disabitkan sesuatu kesalahan tidak boleh dibicarakan semula kerana kesalahan itu juga kecuali jika sabitan atau pembebasan itu telah dibatalkan dan perbicaraan semula diperintah oleh suatu mahkamah yang lebih tinggi daripada mahkamah yang telah membebas atau mensabitkannya itu.
Menurut Shad Saleem Faruqi (2008), terdapat beberapa pengecualian yang menyebabkan perbuatan perbicaraan berulang tersebut tidak terjumlah kepada pelanggaran Perkara 7 Perlembagaan.
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Pengecualian tersebut berkaitan dengan isu-isu teknikal yang antara lain kerana pendakwaan berulang tersebut disebabkan oleh kesalahan yang berbeza (Shad Saleem Faruqi:2008). Dalam kes Jamali Adnan lwn PP17, kesalahan yang berbeza merujuk kepada kesalahan yang mempunyai elemen (ingredients) yang tidak sama. Persoalannya, apakah dalam kes Rezuan Masmud terjumlah kepada pencabulan Perkara 7 Perlembagaan Persekutuan. Persoalan ini sukar untuk dijawab tanpa merujuk fakta kes dan isu-isu dalam kedua-kedua perbicaraan di Mahkamah Sivl dan Mahkamah Anak Negeri tersebut. Samaada terjumlah kepada perbicaraan berulang ataupun tidak, senario dalam kes Redzuan Masmud, adalah satu bentuk diskriminasi kepada pribumi Sabah yang beragama Islam.
Hal ehwal matrimonial Menurut Pg Ismail Pg Musa & Siti Zubaidah Ismail (2015), konflik undang-undang peribadi pribumi Sabah juga berlaku dalam undang-undang keluarga khususnya perkahwinan; perkahwinan campur antara pribumi Sabah yang beragama Islam dan bukan beragama Islam. Konflik tersebut telah menyebabkan implikasi-implikasi lain antaranya kesukaran pendaftaran kanak-kanak pasangan tersebut di JPN dan juga menyebabkan kekeliruan identiti beragama di kalangan masyarakat pribumi Sabah (Pg Ismail Pg Musa & Siti Zubaidan Ismail: 2015).
Sehingga kini (2016) belum terdapat sebarang undang-undang substantif dan prosedur bertulis berkenaan pentadbiran perkahwinan adat, perceraian dan hal-hal matrimonial. Perkahwinan adat tersebut dijalankan mengikut adat istiadat pasangan yang berkahwin terutamnya adat keluarga pengantin perempuan (Herman J.Luping: 2009, Jacqueline Pugh-Kitingan: 2012). Secara umunya,
17
[1986]1 MLJ 163
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perkahwinan adat pribumi Sabah bukan Islam dan Islam adalah hampir sama iaitu bermula dengan proses merisik seterusnya proses bertunang dan akhinya peringkat perkahwinan (Herman J.Luping: 2009, Jacqueline Pugh-Kitingan: 2012). Apa yang membezakan perkahwinan adat pribumi Sabah yang beraama Islam dan bukan Islam ialah dari aspek pengisian majlis tersebut. Bagi Pribumi Sabah yang bukan beragama Islam, pengaruh animisme dalam mencapai persetujuan untuk bertunang masih kuat (Herman J.Luping: 2009, Jacqueline Pugh-Kitingan: 2012 ). Begitu juga meminum tapai atau tuak dianggap satu elemen tradisi yang mesti ada dalam majlis keramaian yang dikenali sebagai “aramaiti” (Herman J. Luping: 2009, Jacqueline Pugh-Kitingan : 2012).
Munurut Pg Ismail Pg Musa & Siti Zubaidah Ismail (2015), isu pendaftaran perkahwinan campur antara orang Islam dan bukan Islam tersebut telah dikenal pasti melalui kes-kes permohonan keluar Islam dan kes pengesahan status agama di Mahkamah Tinggi Syariah Kota Kinabalu dan Keningau. Daripada 118 sampel kes permohonan keluar Islam yang mereka kaji, terdapat 9 kes yang melibatkan pemohon telah berkahwin dengan pasangan mereka yang bukan beragama Islam di Mahkamah Anak Negeri.
Implikasi perkahwinan tersebut bukan sahaja melibatkan pasangan yang terlibat, tetapi juga anakanak mereka; apa agama anak mereka mengikut undang-undang Negara. Isu ini berlaku kerana berdasarkan Arahan Jabatan Pendaftaran Negara Bil.11/2009, JPN tidak mengiktiraf perkahwinan Pribumi Islam dan Pribumi bukan Islam. Oleh kerana itu, satu-satunya cara untuk mendaftarkan anak mereka di JPN, pihak yang beragama Islam perlu menukar agama mereka di Mahkamah Syariah kepada bukan Islam ataupun pihak yang bukan beragama Islam memeluk Islam dan berkahwin semula di Jabatan Hal Ehwal Agama Islam Negeri Sabah.
PENUTUP
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Perkembangan undang-undang peribadi masyarakat pribumi Islam di Sabah banyak dipengaruhi oleh faktor sejarah, kepelbagaian kaum dan kepercayaan di Sabah serta pengaruh politik di awal pembentukan Malaysia. Perkembangan ini menjadi struktur asas Perlembagaan Persekutuan apabila Senarai Dua Jadual Sembilan memberikan kuasa kepada kerajaan negeri untuk menggubal dan mentadbir undang-undang diri dan adat istiadat pribumi Sabah. Konflik berlaku apabila kepada masyarakat Islam pribumi Sabah apabila mereka tertakluk lebih daripada satu (mungkin tiga) Mahkamah dalam hal undang-undang peribadi mereka.
Konflik perundangan bagi masyarakat Islam pribumi Sabah berlaku apabila peruntukan berkenaan pelanggaran adat bertindih dengan peruntukan kesalahan jenayah Syariah dan juga Kanun Keseksaan. Di samping itu, konflik ini juga berlaku kerana tiada peruntukan undang-undang substantif dan prosedur bertulis berkenaan perkahwinan dan hal matrimonial yang lain mengikut undang-undang adat. Kedua-dua faktor ini telah menyebabkan berlakunya double jeopardy dan juga perkahwinan campur antara orang Islam dan bukan Islam di Mahkamah Anak Negeri. Sebagai mekanisme bagi menangani konflik ini, Seksyen 9 EMANS 1992 boleh menjadi instrumen. Namun sejauhmana seksyen 9 EMAN 1992 ini boleh digunakan untuk menangani konflik masih belum diuji kerana belum ada apa-apa keputusan Mahkamah yang mentafsirkan pemakaian seksyen 9 EMANS.
Rujukan Buku Mohammad Agus Yusoff., (2006). “Malaysian Federalism, Conflict or Consensus”.Bangi, Malaysia: Penerbit UKM. Peter R. Phelan., (2003). “The Traditional Legal System of Sabah”. Kota Kinabalu, Malaysia: Pusat Kajian Borneo Yayasan Sabah Shad Saleem Faruqi (2008). “Document of Destiny, The Constituton of The Federation of Malaysia”.Petaling Jaya, Malaysia: STAR Publication (Malaysia) Bhd.
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Sheridan & Groves (2004). “ The Constitution of Malaysia”. Petaling Jaya: Lexis Nexis Herman J. Luping (2009). “Indigenous Ethnic Cummunities of Sabah, The KadazanDusun”. Kuala Lumpur: KementerianMaklumat, Komunikasi, dan Kebudayaan Malaysia. Abd Manaf Haji Ahmad (2009). “Sosial Kontrak”. Kuala Lumpur: Utusan Publication & Distributors Sd. Bhd. Siti Aidah Hj. Lokin (2007), “Perubahan Sosioekonomi dan Pentadbiran Masyarakat Peribumi Sabah (1881-1963)”. Kota Kinabalu: Penerbitan UMS Abdul Aziz Bari (2008), “Malaysian Constitution, A Critical Introduction”. Kuala Lumpur: The Others Press Badariah Sahamid (2005).“Jurispridens dan Teori Undang-Undang Dalam Konteks Malaysia”. Petaling Jaya: Sweet & Maxwell Asia. Muhiddin Yusin ( 1990). “Islam Di Sabah”. Kuala Lumpur: Dewan Bahasa dan Pustaka Kntayya Mariappan & Paul Porodong (eds)(2012). “ Murut & Pelbagai Etnik Kecil Lain Di Sabah”. Kuala Lumpur: Percetakan Nasional Malaysia Berhad Jacqueline Pugh-Kitingan (eds)(2012). “KadazanDusun” Kuala Lumpur: Percetakan Nasional Malaysia Berhad Andrew Harding (2012). “The Constitution of Malaysia, A Contextual Analysis” Oxford and Portland, Oregon: Hart Publishing Wu Min Aun (eds)(1999) “Public Law In Contemporary Malaysia”. Kuala Lumpur :Longman Regina Lim (2008). “Federal-State Relations in Sabah, Malaysia”. Singapore: Institute of Southeast Asian Studies. Saidatul Nornis Hj. Mahali & Budi Anto Mhd Tamring (eds)(2011). “Pluraliti Dalam Kearifan Lokal Di Sabah” Kota Kinabalu: Perbitan UMS M.B Hooker (1980). “Native Law in Sabah And Sarawak” Singapore: Malayan Law Journal M.B Hooker (1976). “The Persenol Laws of Malaysia, An Introduction”. Kuala Lumpur: Oxford University Press Artikel Mohd. Nazim Ganti Shaari (2014), Unconstitutional Constitutional Amendment?: Exploring the 1973 Sabah Constitutional Amendment That Declared Islam the State Religion. Jurnal Kajian Malaysia,Vol. 32, No.2. m.s 1-21
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Shad Zaleem Faruqi (2003), Affirmative Action Policies and the Constitution. Jurnal Kajian Malaysia, Vol. XXI,No. 1 & 2. M.s 31-57 Sangeeta Sharmin (2012). Plural Legal System in Malaysia. The Journal of Legal Pluralism and Unofficial Law. m.s 49-78 James F. Ongkili (2003). The Problems of KadazanDusun Bumiputeraism: Promises, Privileges and Politics. Jurnal Kajian Malaysia, Vol. XXI,No. 1 & 2. m.s 197-209 Constance Chevallier-Govers (2010). The Rule of Law And Legal Pluralism In Malaysia. Islam and Civilisational Renewal, Special Issue: Religion, Law and Governance In Southeast Asia. Vol 2. No. 2. m.s.90-108 Pg Ismail bin Pg Musa & Siti Zubaidah Ismail (2015). Permohonan Keluar Islam: Kajian di Mahkamah Tinggi Syariah Negeri Sabah. Jurnal Syariah Rujukan tidak diterbitkan Anita Nasirin (2007), Konflik Bidang Kuasa Mahkamah Anak Negeri dan Mahkamah Syariah (Unpublished master’s dissertation)University of Malaya, Kuala Lumpur Suwaid Tapah (1988), Sejarah Perundangan Islam di Sabah (Unpublished master’s dissertation) University of Malaya, Kuala Lumpur Ismail Mat (1985), Adat and Islam in Malaysia: A Study In Legal Conflict And Resulation (Unpublished doctoral’s thesis)University of Temple, UK
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HALAL HARAM MAKANAN MENURUT IMAM SYAFI’I: ANALISIS DARI PERSPEKTIF MAQASID AL-SHARI’AH Tuan Sidek bin T. Muda1, Ridzwan bin Ahmad Jabatan Fiqh dan Usul, Akademi Pengajian Islam, Universiti Malaya Abstrak Maqasid al-shari’ah memainkan peranan yang penting dalam penetapan dan pelaksanaan hukum fiqh yang waqi’iyy dalam usaha mencapai kebaikan dan menolak kemudaratan. Salah satu cabang fiqh ialah tentang hukum halal makanan dan minuman yang menjadi asas kepada pelaksanaan pensijilan halal hari ini. Oleh kerana Malaysia adalah sebuah negara yang majoriti penduduknya bermazhab Syafi’i, penetapan standard dan prosedur pensijilan halalnya banyak didasarkan kepada fiqh mazhab Syafi’i. Walau bagaimanapun, mutakhir ini terdapat tanggapan yang menyatakan bahawa mazhab ini agak kaku dan kurang sesuai dalam menangani isu-isu baru termasuklah isu-isu makanan halal. Namun begitu, apabila ditinjau perkembangan ilmu maqasid al-shari’ah yang meletakkan ukuran maslahah dan mafsadah sebagai asas penetapan hukum, pada peringkat awalnya, kebanyakan karya berkaitan dengannya ditulis oleh ulama yang bermazhab Syafi’i seperti al Juwayni, al Ghazali, Fakhruddin al Razi, Saif al din al Amidi dan ibn ’Abd al-Salam. Bahkan Imam Syafi’i sendiri dianggap tokoh terawal yang telah meletakkan asas ilmu maqasid al-shari’ah dalam bentuk penulisan. Sehubungan dengan itu, kajian ini dikemukakan untuk menganalisis ijtihad Imam Syafi’i dalam hukum-hakam makanan dan minuman berpandukan kepada ukuran maqasid al-shari’ah. Ia bertujuan untuk melihat sejauh mana pemakaian maqasid al-shari’ah oleh Imam Syafi’i dan kesesuaian metodologi fiqh beliau dalam menyelesaikan isu-isu semasa khususnya dalam hal yang berkaitan dengan makanan halal. Kajian ini adalah berdasarkan kepada metode kualitatif dengan kaedah pengumpulan data adalah daripada bahan-bahan bertulis berkaitan dengan pendapat-pendapat ulama khusunya pendapat Imam Syafi’i dan pelbagai dokumen yang berkaitan. Analisis pula adalah berdasarkan kepada metode induktif dan komparatif. Hasil analisis menunjukkan bahawa wujudnya aplikasi maqasid al-shari’ah dalam ijtihad Imam Syafi’ terhadap isu pemakanan halal dan metodologinya pula tidaklah kaku bahkan mementingkan keseimbangan antara nas, akal dan waqi’. Kata kunci: Makanan, Halal, Imam Syafi’i, Maqasid al-Shari’ah, maslahah.
PENDAHULUAN Maqasid al-shari‘ah adalah satu cabang ilmu yang membincangkan tentang penetapan hukum dari sudut pencapaian maslahah dan penolakan mafsadah sama ada pada individu mahupun masyarakat. Pelopornya yang terawal yang menyusun kaedah ilmu ini adalah Imam Syafi’i 2, diikuti oleh murid-muridnya dan seterusnya berkembang sehingga ke hari ini. Asas utama kepada ilmu ini ialah mendatangkan maslahah dan antara sifat maslahah itu ialah ia sentiasa bersesuaian dengan perubahan suasana dan zaman. Ia bertepatan dengan definisi
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[email protected]
Muhammad Nabil Ghanayim, “Maqasid al-Shari‘ah ‘inda al-Shafi‘iyyah” dalam Maqasid al-Shari‘ah fi alMazhahib al-Islamiyyah ( London: Muassasah al-Furqan li al Turath al-Islami, 2012), 258-259. Ahmad Wifaq Mokhtar, Maqasid al- Shari‘ah ‘inda al-Imam al-Shafi‘i (Mesir: Dar alSalam, 2014), 86. 2
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maslahah yang dipopularkan oleh Imam al-Ghazali iaitu menjaga matlamat syarak dan matlamat syarak itu ada lima iaitu menjaga agama, diri, akal, nasal dan harta. Setiap perkara yang membawa kepada penjagaan kelima-lima ini adalah maslahah dan ketiadaan perkara itu adalah mafsadah dan menjauhkannya (dari mafsadah) adalah maslahah3 . Takrifan Imam al-Ghazali ini menunjukkan maksud maslahah ialah apa-apa yang mendatangkan kebaikan dan menjauhkan kemusnahan. Sudah tentu perubahan masa, tempat serta perkembangan sains dan teknologi turut mempengaruhi perubahan bentuk maslahah dalam kehidupan. Akal semata-mata tidak dapat mengetahui maslahah manusia. Kalau dibiarkan mereka menetapkan sendiri maslahah mereka, dikhuatiri mereka tersesat. Oleh itu, menurut al-Khadimi, dalam menggunakan maqasid al-shari‘ah sebagai hujah, ia bukanlah satu kaedah yang tersendiri dan terasing daripada syarak. Ianya juga bukan terhasil hanya berdasarkan nafsu akal atau kehendak diri atau perkara yang waqi‘iyy semata-mata tetapi diambil daripada pengajaranpengajaran yang diperoleh daripada wahyu dan didatangkan berpandukan kepada ikatan, batasan dan panduan syarak4. Sehubungan dengan itu, analisis ini dibuat untuk melihat kaedah pemakaian maqasid alshari‘ah oleh Imam Syafi‘i sebagai pelopornya secara khusus dalam bab halal haram makanan bagi dijadikan panduan dalam pelaksanaan semasa.
LATAR BELAKANG MASALAH
3
Al-Ghazali, Abu Hamid, al-Mustasfa fi ‘Ilm al-Usul (Beirut: Dar al-Kutub al-‘Ilmiyyah, 1996), 174.
Al-Khadimi, Nuruddin Mukhtar, al-Maqasid al-Shari‘ah – Ta‘rifuha - Amthilatuha – Hujiyyatuha (Riyad: Kunuz Ashbelia, 2003), 34. 4
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Sebagai pelopor dalam meletakkan kaedah asas kepada ilmu ini, sudah tentu Imam Syafi‘i menerapkan kaedah-kaedah pemakaian maqasid al-sharia‘ah dalam ijtihad beliau termasuk dalam soal makanan. Walau bagaimanapun, terdapat pandangan yang menyebut bahawa pendapat mazhab Syafi‘i sepertimana yang terdapat dalam kitab-kitab klasik yang menjadi pegangan kuat kalangan tradisionalis kelihatan tidak cukup berwibawa untuk menjawab banyak persoalan yang dihadapi. Dengan sebab itu, pertembungan mula berlaku di antara syariat Islam sepertimana yang terdapat dalam mazhab Shafi’i dengan pandangan-pandangan yang berasaskan kepada realiti hidup baru di bawah semangat modenisasi yang semakin berkembang5. Walaupun begitu, dari sudut
pelaksanaan halal di Malaysia, mazhab Syafi‘i adalah
diutamakan dalam penetapan hukum. Ini jelas dicatatkan di dalam standard Halal Malaysia MS1500:2009 pada butiran 2.1.2 : “Berdasarkan kepada perundangan Malaysia, hukum syarak bermakna undang-undang Islam dalam Mazhab Syafi‘i atau undang-undang Islam dalam manamana satu mazhab sama ada Maliki, Hanbali dan Hanafi yang telah dipersetujui oleh Yang diPertuan Agong dikuatkuasakan di Wilayah Persekutuan atau oleh Raja atau Sultan bagi manamana negeri dikuatkuasakan dalam negeri itu atau fatwa yang disahkan oleh pihak yang berkuasa mengenai Agama Islam”. Berdasarkan butiran yang telah disebutkan, pandangan mazhab lain juga boleh diguna pakai sekiranya ada maslahah dan diperkenankan oleh Yang di-Pertuan Agong atau raja-raja . Di samping itu, dalam penetapan hukum halal haram makanan, kemajuan sains dan teknologi juga menyebabkan timbulnya isu-isu baru. Antaranya ialah penggunaan perkakas pinggan mangkuk berasaskan serbuk tulang haiwan (bone ash) yang diperbuat daripada serbuk
Mahmood Zuhdi, “Mazhab Syafi’i di Malaysia: Sejarah, Realiti dan Prospek Masa Depan”, Jurnal Fiqh, No.4 ( 2007), 3-14. 5
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tulang babi, makanan terubah suai secara genetik melibatkan pemindahan gen-gen yang halal dan juga tidak halal sama ada dari haiwan dan juga tanaman, penggunaan vaksin yang menggunakan unsur babi, penggunaan stunning dalam sembelihan lembu dan binatang halal, kaedah thoracic sticking dalam sembelihan haiwan, penggunaan bakteria yang diambil daripada najis bayi sebagai agen pemangkin dalam yogurt, penyuntikan hormon FSH-P kepada binatang ternakan yang halal untuk tujuan pembiakan, penggunaan alkohol dalam produk minuman, makanan, pewangi dan ubat-ubatan, ternakan ikan yang diberi makanan najis dan kotoran6 dan lain-lain. Justeru, tulisan ini dikemukakan untuk menganalisis pemakaian maqasid al-shari‘ah menurut Imam Syafi‘i dalam penetapan makanan halal. Tujuannya adalah untuk melihat kesesuaian atau ketidaksesuaian metode fiqh Imam Syafi‘i khususnya dalam pemakaian maqasid al-shari‘ah dalam mendepani tuntutan dan perubahan zaman.. Berdasarkan kepada kajian literatur, belum terdapat satu tulisan khusus berkaitan penilaian ijtihad Imam Syafi‘i dalam isu makanan berdasarkan ukuran maqasid al-shari‘ah. Kebiasaan kitab-kitab fiqh membicarakan bab makanan dari sudut halal ataupun haram dengan didatangkan dalil-dalil tanpa dibincangkan secara langsung kaitannya dengan maqasid al-shari‘ah yang asasnya ialah mendatangkan kebaikan dan menolak kemudaratan.
KEDUDUKAN MAQASID AL-SHARI‘AH DALAM PENETAPAN HUKUM
Mohamad Aizat Jamaludin, Mohd Anuar Ramli & Suhaimi ab Rahman, “Ijtihad Kontemporari Dalam Pembinaan Fiqh Kepenggunaan Semasa Di Malaysia,” dicapai pada 7 Nov 2014, ttps://www.academia.edu/4366974/Ijtihad_Kontemporari_Dalam_Pembinaan_Fiqh_Kepenggunaan_Semasa_Di_Ma laysia 6
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Maqasid al-shari‘ah berasal dari dua perkataan iaitu maqasid dan syariah. Maqasid adalah kata jamak kepada perkataan maqsad7 atau maqsid8 yang memberi makna tujuan, maksud9 dan objektif10 . Dari sudut istilah pula, Ibn ‘Ashur mendefinisinya sebagai hikmah-hikmah, masalih dan manfaat-manfaat11. Al-Khadimi pula mendefinisinya sebagai maslahah syariah dan tujuan-tujuan serta tanda-tandanya yang bertujuan untuk memperelok kemanusiaan dan kebahagiaannya pada kehidupan mereka dunia dan akhirat12. Al-Zuhayli mendefinisinya sebagai tujuan pensyariatan serta rahsia-rahsia yang diletakkan oleh shari‘ pada setiap hukum daripada hukum-hukumnya13. Dalam membincangkan pengukuran maslahah pula, ia bukanlah perkara yang dibiarkan bebas berdasarkan kepada akal dan nafsu tetapi ia berpandukan kepada wahyu tanpa menafikan peranan akal dalam memahami wahyu. Secara ringkasnya pengukuran maslahah dapat dibahagikan kepada tiga peringkat iaitu daruriyyah, hajiyyah dan tahsiniyyah14. Daruriyyah ialah perkara yang mesti ada untuk kemaslahatan hidup dunia dan akhirat. Ketiadaannya menyebabkan kerosakan dan kemusnahan sistem kehidupan dunia serta kegagalan dan kembali dalam keadaan kerugian pada kehidupan akhirat15. Menurut Ibnu ‘Ashur, maslahah daruriyyah ialah apa-apa yang umat secara kolektif ataupun secara individu memerlukannya di mana sekiranya ia tiada, sistem akan rosak dan kehidupan umat adalah ke arah kebinasaan dan kehancuran. Termasuk dalam maksud kehancuran ialah apabila kehidupan umat menjadi seperti kehidupan binatang, tidak
7
Abi al-Husain Ahmad bin Faris, Mu‘jam Maqayis al-Lughah (Beirut: Dar al Jil, t.t.), 5: 95 Al-Mu‘jam al-‘Arabiy al-Asasiy (t.tp: al-Munazamah al-‘Arabiyyah li al-Tarbiyyah wa al-Thaqafah wa al-‘Ulum, t.t.), 989. 9 Al-Marbawi, Muhammad Idris Abd. Rauf, Kamus Idris al-Marbawi (Kuala Lumpur: Darul Nu‘man, 1998), 136. 10 Wan Mohd Nasir bin Wan Abd Wahab, Pengenalan Asas kepada Maqasid Syariah (Shah Alam: PSN Publications, 2012), 5. 11 Ibn ‘Ashur, Muhammad Tahir, Maqasid al-Shari‘ah al-Islamiyyah (Jordan: Dar al-Nafais, 2011), 246. 12 Al-Khadimi, Nuruddin Mukhtar, al-Maqasid al-Shar‘iyyah Ta‘rifuha – Amthilatuha – Hujiyyatuha, 29. 13 Al-Zuhayli, Wahbah, Nazariyyah al-Darurah al-Shar‘iyyah (Beirut: Muassasah al-Risalah, 1997), 49. 14 Al-Shatibi, Ibrahim bin Musa, al Muwafaqat (Kaherah: Dar al-Ghad al-Jadid, 2011) , 2:37 15 Ibid., 2:6 8
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sebagaimana kehidupan yang dikehendaki oleh Shari‘ yang terkawal dengan sistem. Beliau menekankan maslahah umat lebih diutamakan daripada maslahah individu16.
Daruriyyah
merangkumi penjagaan lima perkara iaitu penjagaan agama, diri, akal, nasal dan harta17 . Penjagaan agama adalah maqasid yang terpenting. Ia adalah asal kepada semua maqasid. Apabila tiada agama, dunia akan rosak. Ketika itu hilang neraca timbangan yang adil dan betul. Kesannya, manusia akan bertindak mengikut nafsu. Apabila tiada agama yang menetapkan maslahah dan menyusun kehidupan, nescaya setiap manusia melakukan sesuatu yang dirasakannya maslahah berdasarkan kepada nafsu dan akalnya semata-mata18. Oleh itu, atas asas menjaga agama, diwajibkan ke atas setiap yang mukalaf mendirikan sembahyang, menunaikan zakat, puasa, mengerjakan haji dan lain-lain kewajipan. Had minima dalam penjagaan agama ialah melaksanakan yang wajib dan meninggalkan yang haram19. Peringkat yang kedua ialah al-hajiyyah. Menurut al-Shatibi, Ia adalah apa yang diperlukan untuk kemudahan dan menghilangkan kesempitan yang pada kebiasaannya membawa kepada kepayahan dan mashaqqah. Sekiranya tidak dipelihara perkara tersebut, ia akan membawa kepada kepayahan dan mashaqqah tetapi tidaklah sampai ke tahap kemusnahan20. Ibn ‘Ashur memperluaskan definisi yang diberikan oleh al-Shatibi dengan menekankan kemaslahatan ummah. Menurut beliau hajiyyat ialah apa sahaja yang diperlukan oleh ummah bagi menjaga maslahah dan sistem supaya berada pada susunan yang betul. Sekiranya tidak dipelihara perkara-perkara tersebut tidaklah membawa kepada kemusnahan tetapi sistem menjadi tidak tersusun. Termasuk dalam
Ibn ‘Ashur, Muhammad Tahir, Maqasid al-Shari‘ah al-Islamiyyah , 300. Al-Ghazali, Abu Hamid, al-Mustasfa fi ‘Ilm al-Usul, 174. Al-Shatibi, Ibrahim bin Musa, al Muwafaqat, 2:8. 18 Al-Yubi, Muhammad Sa‘d bin Ahmad, Maqasid al-Shari‘ah al-Islamiyyah wa ‘Alaqatuha bi al- Adillah alShar‘iyyah (Riyad : Dar al-Hijrah, 1998), 202-203. 19 Ibid., 185-190 20 Al-Shatibi, Ibrahim bin Musa, al Muwafaqat 2:8. 16 17
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hajiyyat ialah penjagaan lima perkara seperti yang dibincangkan dalam daruriyyat. Perbezaannya ialah keperluan memenuhi maslahah di peringkat ini tidak sampai ke tahap daruriyy21. Seterusnya adalah peringkat al-tahsiniyyah, iaitu mengambil apa yang sesuai daripada adat-adat yang baik dan menjauhi perkara yang kurang baik yang akal yang sihat tidak suka kepadanya22.
Menurut Ibn ‘Ashur, al-tahsiniyyat ialah perkara yang membawa kepada
kesempurnaan keadaan umat sehingga hidup mereka aman, tenang serta dipandang elok oleh umat-umat lain. Dengan itu, umat Islam dilihat sebagai umat yang masyarakat lain ingin dekat dan bersama23. Dinamakan maqasid jenis ini dengan al-tahsiniyyat kerana ia memperelok keadaan seseorang serta menyempurnakan kehidupannya dengan sebaik-baik keadaan24. Satu perkara yang perlu difahami apabila membicarakan tentang maqasid al-shari‘ah ialah, pengukuran maslahah tidak dibiarkan semata-mata dengan akal dan rasional seperti yang telah disebutkan sebelum ini. Al Yubi dalam mengulas pegangan golongan yang berpegang dengan sebahagian kitab dan menolak sebahagian atas alasan memakai maqasid shari‘ah dan ruhnya tanpa perlu merujuk kepada bentuk-bentuk nas dan lafaz, menyebut bahawa syariat Islam adalah sistem yang syumul. Hukum juziyy bertemu dengan kaedah kulliyy pada memelihara kemaslahatan dan menolak kemudaratan. Setiap dalil yang dijadikan hujah oleh syarak adalah untuk merealisasikan maqasid syarak yang mengandungi pengukuhan kepada pemeliharaan maslahah dan menolak mafsadah. Oleh itu kedua-dua nya tidak dapat dipisahkan dan saling berkait antara satu sama lain25. Adalah satu kesilapan bagi sesiapa yang melakukan istinbat hukum dengan mengabaikan
Ibn ‘Ashur, Muhammad Tahir, Maqasid al-Shari‘ah al-Islamiyyah , 306-307 Al-Shatibi, Ibrahim bin Musa, al-Muwafaqat, 2:9 23 Ibn ‘Ashur, Muhammad Tahir, Maqasid al-Shari‘ah al-Islamiyyah , 307 24 Al-Khadimi, Nuruddin Mukhtar, al-Maqasid al-Shar‘iyyah Ta‘rifuha – Amthilatuha – Hujiyyatuha, 99 25 Al-Yubi, Muhammad Sa‘d bin Ahmad, Maqasid al-Shari‘ah al-Islamiyyah wa ‘Alaqatuha bi al- Adillah alShar‘iyyah , 447-448 21 22
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kaedah kulliyy sebagaimana juga satu kesilapan orang yang mengambil kaedah kulliyy tanpa melihat kepada hukum juziyy26 .
HALAL HARAM MAKANAN MENURUT IMAM SYAFI‘I Apabila ditinjau penetapan hukum-hakam makanan oleh Imam Syafi‘i, didapati sandaran beliau ialah kepada metode fiqh beliau. Metode fiqh beliau ialah penetapan berdasarkan kepada nas, ijmak dan qiyas27. Qiyas dalam konteks penggunaan di zaman itu merangkumi pelbagai dalil yang dipecahkan pada peringkat kemudian kepada istilah-istilah seperti istishab, maslahah, sad alzhari‘ah, uruf dan lain-lain28. Imam Syafi‘i tidak membiarkan penetapan maqasid lepas bebas sebegitu sahaja tanpa garis panduan. Beliau telah mengikatnya dengan ikatan yang kuat iaitu antara yang penting ialah tidak bercanggah dan ada persamaan (shabah) dengan usul. Ikatan ini yang mengikat m‘ani dan maqasid daripada perluasan penggunaan tanpa garis panduan yang jelas serta juga tidak pula terlalu tertutup29. Dalam penetapan hukum makanan, pendekatan utama beliau adalah berpandukan kepada nas dan istishab iaitu apa yang asalnya tidak disebut tentang pengharaman, hukum adalah kekal
26
Al-Shatibi, Ibrahim bin Musa, al-Muwafaqat , 3: 7. Al-Shafi‘i, Muhammad bin Idris, al-Risalah (Beirut: al-Maktabah al-‘Asriyyah, 2013), 26. 28 Apabila dirujuk kepada kertas kerja dan buku-buku terkini yang membicarakan tentang metodologi fiqh Imam Syafi‘i, kebanyakan pengkaji tidak menghadkan ijtihad beliau hanya berpandukan kepada empat dalil sahaja menurut pemakaian istilah semasa. Antaranya ialah tulisan bekas mufti Wilayah Persekutuan, Dato’ Wan zahidi yang menyebut bahawa Imam Syafi‘i turut menggunakan maslahah - Wan Zahidi Wan Teh, “Manhaj Fatwa Imam Syafi‘i” (Seminar Manhaj Pengeluaran Fatwa Peringkat Kebangsaan, Institut Pengurusan dan Penyelididkan Fatwa Sedunia (INFAD), 5-6 Disember 2006). Walaupun Dr Nu‘man Jughaim hanya menyebut empat dalil sahaja yang digunapakai oleh Imam Syafi‘i, tetapi beliau menjelaskan bahawa mafhum istilah yang digunapakai oleh Imam Syafi‘i adalah luas merangkumi semua kaedah yang sampai kepadanya penetapan hukum syarak pada perkara yang tiada nas – Nu‘man Jughaym, Madkhal ila Mazhab al-Shafi’i (Beirut: Dar al-Kutub al-‘Ilmiyyah, 2011), 125. Begitu juga Dr Mustafa alKhin, Dr Mustafa Dib al-Bugha dan Dr Ahmad Wifaq Mokhtar. Mereka menyebut pelbagai dalil yang digunapakai oleh Imam Syafi‘i dan tidak terhad kepada empat itu sahaja. – Al-Khin, Mustafa, Athar al-Ikhtilaf fi al-Qawa‘id alUsuliyyah (Beirut: Muassasah al-Risalah Nashirun, 2012), al-Bugha, Mustafa Dib, Athar al-Adillah al-Mukhtalaf fiha (Damsyik: Dar al-Qalam, 2013), Ahmad Wifaq Mokhtar, Maqasid al-Shari‘ah ‘Inda al-Imam al- Shafi‘i. 29 Muhammad Nabil Ghanayim, “Maqasid al-Shari‘ah ‘inda al-Shafi‘iyyah” dalalm Maqasid al-Shari‘ah fi alMazhahib al-Islamiyyah, 259. 27
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harus. Di dalam al-Risalah, Imam Syafi‘i ketika membincangkan perkara-perkara al-‘am di dalam al-Quran yang dikhususkan oleh al-sunnah antaranya ialah tentang halal haram makanan sebagaimana firman Allah ta‘ala yang bermaksud: “Katakanlah (wahai Muhammad): Aku tidak dapati bahawa apa yang telah diwahikan kepadaku sesuatu yang diharamkan bagi orang yang hendak memakannya melainkan kalau benda itu bangkai atau darah yang mengalir atau daging babi kerana sesungguhnya ia adalah kotor, atau sesuatu yang dilakukan secara fasik iaitu binatang yang disembelih atas nama yang lain daripada Allah….30” (Al An‘am :145) Beliau menyebut bahawa ayat ini diihtimal mengandungi dua makna iaitu tidak haram ke atas seseorang kecuali apa yang telah dikecualikan, dan yang kedua ialah diihtimal dengan dikhususkan dengan nas daripada hadis di mana terdapat beberapa hadis yang melarang daripada memakan binatang buas31 yang mengkhususkan umum ayat di atas32. Di dalam al-Umm, Imam Syafi‘i menyenaraikan beberapa garis panduan halal haram seperti berikut: 1- Asas halal haram bahaim33, dawab34 dan burung ialah dua perkara iaitu sesuatu yang haram berdasarkan kepada nas daripada hadis dan berdasarkan kepada dalil secara jumlah daripada al Quran yang menunjukkan haram binatang yang tidak tergolong dalam kategori tayyibat dan binatang ternak sebagaimana firman Allah yang bermaksud: “Dihalalkan
علوى و ٍّللن ِن نُ َو وم نِ اُْ ه زِرٍ َوِنَّهُ نٌِْ َوْ َنْقاا َ نِ ه َّ نلَوْ نٍ ه ي م وْ هٍ اما و طاعنم روُعومُ إناله َون روكونو ومْتوةا َوْ دو اما همْفو احا َوْ لوْ وم ِن ن ي إن ول ه ق َّ اله َ و نْد َني وما َْحن و عاد َوِ ن هن وِِهكو غوفوِ هِحن ْم غوْ وٍ ِواغ وْالو و 31 Hadisnya adalah daripada Abi Tha‘labah yang berbunyi: َن الزبي َّهى عِ ك َّ ذي َّاب مِ الْباعdan hadis daripada Abu Hurayrah yang berbunyi: َك َّ ك َّ ذي َّاب مِ الْباع حٍام. al-siba‘ adalah kata jamak kepada perkataan al-subu‘ yang bermaksud: setiap yang ada taring dan menyerang manusia dan binatang lain serta memburunya untuk dijadikan makanan. Begitu juga dengan burung yang mempunyai kuku yang tajam (seperti helang) – Ibrahim Mustafa et. Al, al-Mu‘jam al-Wasit (Istanbul: al-Maktabah al-Islamiyyah, t.t.), 414. 32 Al-Shafi‘i, Muhammad bin Idris, al-Risalah , 91-92. 33 Binatang berkaki empat kecuali yang tergolong dalam kalangan binatang buas. 34 Segala jenis binatang 30
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kepada kamu binatang ternak….”35 dan firman Allah yang bermaksud: “Dihalalkan kepada kamu yang baik-baik…”36. Orang Arab mengharamkan sesuatu kerana ia adalah kotor (khabaith) dan menghalalkan sesuatu yang tayyibat, maka dihalalkan kepada mereka tayyibat dan diharamkan khabaith sebagimana firman Allah yang bermaksud: Dan diharamkan kepada mereka benda-benda kotor37. Difahami daripada kata-kata ini ialah segala binatang yang baik termasuk dalam kategori tayyibat kecuali yang ada tegahan daripada nas atau binatang itu boleh membawa kemudaratan. Begitu juga segala yang kotor adalah haram walaupun tidak ada nas yang mengharamkan seperti tahi, ulat dan air kencing kerana ia termasuk di dalam kategori khabaith38. 2- Kebenaran Rasulullah s.a.w. untuk dibunuh burung gagak, sejenis helang, jengking, tikus dan anjing gila ketika ihram39 menunjukkan kepada haram binatang tersebut untuk dimakan40. 3- Berdasarkan kepada garis panduan 1 dan 2 di atas, beliau merumuskan bahawa apa yang dimakan oleh orang Arab adalah halal dan apa yang mereka tidak makan adalah haram. Ini kerana al-sunnah memperakui perbuatan mereka memakan dan tidak memakan tersebut. Orang Arab tidak memakan anjing, serigala, singa dan harimau. Mereka memakan dubu‘ dan ia adalah halal berdasarkan kepada hadis bahawa dubu‘ boleh diburu dan dimakan.
– َحن لهت لوكم ِو نهْ ومة األوَّ وع نامSurah al-Maidah 5:1. َحن ه َّ لوكم ه- Surah al-Maidah 5:5 الُْهنبوات 37 ثو علوْ نهم ال وخبوآئن – وْر وْ ن هٍم وSurah al A‘raf 7:157 38 Al-Shafi‘i, Muhammad bin Idris, al Umm (Beirut: Dar al-Kutub al-‘Ilmiyyah, 2014). , 2:377-378. 39 Hadis daripada ‘Aisyah telah berkata: bersabda Rasulullah s.a.w: ْ الْْة ْ الٍَاب األِقع:ِمٌ َواسق رقتلِ َي الْ َّ ْ الٍْم . – الفأِة ْ الكلب العقوِ ْ الْدَةHadis riwayat Ibn Majah, Kitab al-Manasik, Bab ma Yaqtul al-Muhrim, no. hadis 3087. Lihat al Qazwini, Muhammad bin Zaid, Sunan Ibn Majah (Kaherah: Dar Ibn al Haitham, 2005). Hadis ini juga diriwayatkan oleh Muslim, no hadis, (1198) 67, Kitab al-Hajj, Bab Ma Yundab li al-Muhrim wa Ghairihi Qatlah min al-Dawab fi al-Hil wa al-Haram. Lihat Abi al-Hasan, Muslim ibn al-Hajaj, Sahih Muslim (Kaherah: Dar alGhad al-Jadid, 2007). 40 Al-Shafi’i, Muhammad bin Idris, al Umm, 2:378 35 36
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Mereka juga makan dab, arnab, wabr dan musang. Mereka tidak memakan tikus, jengking, ular, helang , gagak, dan lain-lain41. Penulis berpandangan bahawa rumusan inilah adalah berdasarkan kepada al istiqra’ iaitu apa yang dimakan oleh orang Arab adalah daripada tayyibat dan apa yang mereka tidak makan termasuk dalam khabaith. 4- Ditegah daripada memakan binatang yang Jallalah sehingga diberi makan dengan makanan yang bersih. Beliau menyebut proses istibra’ unta berdasarkan pendapatpendapat yang ada ketika itu ialah dengan bilangan empat puluh malam, kambing kurang daripada itu dan ayam dalam jangka masa tujuh malam. Semuanya itu kembali kepada perubahan daripada keadaan yang tidak disukai kepada fitrah asal binatang tersebut42. 5- Asal sesuatu yang dimiliki oleh manusia daripada makanan dan minuman terbahagi kepada dua iaitu yang pertama ialah yang ada ruh. Terdapat yang halal dan yang haram daripada kategori ini. Kategori yang kedua ialah yang tiada ruh. Semua makanan daripada kategori ini adalah halal kecuali jika dicampur dengan yang haram atau dijadikan suatu yang memabukkan dan juga yang mengandungi racun yang membunuh. Pada pandangan beliau tiada rukhsah dalam meminum suatu yang beracun sama ada untuk berubat atau tujuan lain sedikit ataupun banyak, dicampurkan atau tidak dicampurkan kerana beliau khuatir ke atas orang yang meminum dan orang yang memberi minum akan membunuh dirinya atau membunuh orang yang diberi minum. Walaupun ada pendapat yang mengatakan tidak boleh diminum yang tidak dicampur dan boleh diminum yang sedikit yang boleh mendatangkan manfaat, tetapi kerana beliau telah mendengar kematian orang yang
41 42
Ibid., 2:378-379. Ibid, 2:380.
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meminum kerana sedikit walaupun ada yang tidak menyebabkan beliau lebih cenderung kepada tidak memberikan rukhsah43. 6- Dalam keadaan darurah, halal dimakan bangkai, darah mahupun daging babi. Juga tidak mengapa sekiranya seseorang mengambil yang haram sebagai bekalan. Apabila dijumpai yang halal, hendaklah dibuang yang haram tersebut44. ANALISIS HALAL HARAM MAKANAN MENURUT IMAM SYAFI‘I
DARI
PERSPEKTIF MAQASID AL-SHARI‘AH Berdasarkan perbincangan hukum halal haram makanan menurut Imam Syafi‘I di atas, jelas bahawa beliau telah melakukan aplikasi maqasid al-shari‘ah di dalam penetapan hukum halal haram makanan. Maqasid yang dipandu dengan nas sama ada al-Quran ataupun al-sunnah di samping penggunaan akal dalam memahami maksud nas. Jika diteliti kepada kaedah ijtihad beliau dalam isu makanan halal ini, pencapaian maqasid dipandu oleh dalil-dalil syarak iaitu penetapan hukum sama ada berdasarkan nas, istishab, qiyas, istiqra’, uruf dan maslahah. Nas meletakkan prinsip asas secara kulliy iaitu segala yang tayyibat adalah halal dan segala yang khabaith adalah haram. Di samping itu, nas juga menjelaskan beberapa hukum juziyy iaitu pengharaman beberapa makanan dan minuman yang termasuk dalam kategori khabaith. Ijtihad beliau juga menunjukkan kepada keluasan hukum dalam makan dan minum. Berdasarkan kepada istishab, harus memakan atau meminum apa sahaja yang baik yang tergolong di dalam kategori tayyibat. Keluasan ini adalah salah satu bentuk maslahah kepada manusia kerana ia menghilangkan kepayahan (raf‘ al-haraj). Apa sahaja yang tidak disebut oleh nas, perlu ditentukan status halal atau haram dengan dikenal pasti sama ada ia tergolong di dalam kategori
43 44
Ibid., 2:388 Ibid., 2: 396-397.
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tayyibat atau sebaliknya khabaith. Kaedah penentuan itu ialah melalui istiqra’ dan uruf sebagaimana Imam Syafi’i menilai apa yang dimakan oleh orang Arab dan tiada tegahan daripada Nabi s.a.w. adalah termasuk di dalam tayyibat dan apa yang tidak dimakan oleh mereka termasuk di dalam khabaith. Tayyibat dan khabaith yang difahami daripada kenyataan Imam Syafi’i tidak terhad kepada item-item yang disebut secara khusus dalam hukum-hukum juziyyat, bahkan melalui istiqra’ merangkumi dalil-dalil yang tidak mempunyai hubungan secara langsung dengan makanan seperti hukum membunuh mahupun membunuh diri seperti haramnya racun. Justeru, segala yang bahaya dan boleh memudaratkan diri adalah haram. Imam Syafi‘i juga menyebut tentang pemakaian maslahah daruriyyah yang menjadi perkara utama yang perlu dijaga pada tingkat-tingkat maslahah. Makanan yang haram menjadi halal pada keadaan darurah. Ia diaplikasi pada keadaan di mana satu makanan yang haram pada keadaan biasa bertukar halal dalam keadaan tertentu. Ukuran penentuan halal haram pada saat darurah adalah berdasarkan kepada pertimbangan antara maslahah dan mafsadah. Makanan yang haram menjadi halal ketika meninggalkan pengambilannya lebih mudarat daripada mengambilnya45.
KESIMPULAN DAN PENUTUP Imam Syafi ‘i adalah orang pertama yang meletakkan ilmu Maqasid al-Shari‘ah dalam bentuk karya. Analisis daripada ijtihad beliau dalam penetapan halal haram makanan, jelas menunjukkan beliau telah menerapkan pemakaian maqasid tersebut. Pengukuran maqasid dipandu oleh nas dan
Imam al-Suyuti menyebut: – الضٍِْات تبْح المْظوِات ِشٍط عدم َّقصاَّها عزهاmaksudnya: perkara yang darurat mengharuskan perkara yang ditegah dengan syarat perkara darurat itu lebih mafsadah daripada perkara yang dilarang –al-Suyuti, ‘Abd. al-Rahman bin Abu Bakr, al-Ashbah wa al-Nazair (Beirut: Dar al-Kutub al-‘Ilmiyyah,1998), 167. 45
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akal. Gabungan nas dan akal itu juga membentuk metode fiqh beliau. Daripada metode fiqh beliau ini difahami prinsip asas dalam penetapan halal haram makanan iaitu yang tayyibat adalah halal, manakala yang khabaith dan memudaratkan adalah haram. Pada ketika darurah, yang haram bertukar menjadi halal kerana menjaga maslahah. Dalam konteks semasa, perkembangan sains dan teknologi membantu meluaskan lagi ruang penentuan tayyibat dan khabaith melalui pengukuran berasaskan kajian dan penyelidikan saintifik. Makanan yang tidak ada di zaman Imam Syafi‘i atau tidak ada di tanah Arab, boleh ditentukan halal haram berdasarkan prinsip yang telah digariskan. Bahkan, beberapa makanan yang ada yang tidak disebut oleh nas, yang telah dihukum haram atau halal oleh Syafi‘iyyah atau ulama’ mazhab lain berpandukan kajian tayyibat, khabaith dan memudaratkan di zaman tersebut boleh dinilai kembali hukum halal haram dengan penilaian baru berdasarkan kepada perkembangan sains dan teknologi46 tanpa mengabaikan prinsip-prinsip penetapan yang lain khususnya yang telah disebut oleh nas dalam mendatangkan maslahah dan menolak mafsadah.
RUJUKAN Abi al-Hasan, Muslim ibn al-Hajaj, Sahih Muslim (Kaherah: Dar al-Ghad al-Jadid, 2007). Abi al-Husain Ahmad bin Faris, Mu‘jam Maqayis al-Lughah (Beirut: Dar al Jil, t.t.). Ahmad Wifaq Mokhtar, Maqasid al- Shari‘ah ‘inda al-Imam al-Shafi‘i (Mesir: Dar al- Salam, 2014). Al-Bugha, Mustafa Dib, Athar al-Adillah al-Mukhtalaf fiha (Damsyik: Dar al-Qalam, 2013). Al-Ghazali, Abu Hamid, al-Mustasfa fi ‘Ilm al-Usul (Beirut: Dar al-Kutub al-‘Ilmiyyah, 1996). Al-Khadimi, Nuruddin Mukhtar, al-Maqasid al-Shar‘iyyah Ta‘rifuha – Amthilatuha – Hujiyyatuha (Riyad: Kunuz Eshbelia, 2003). Al-Khin, Mustafa, Athar al-Ikhtilaf fi al-Qawa‘id al-Usuliyyah (Beirut: Muassasah al- Risalah Nashirun, 2012). Al-Marbawi, Muhammad Idris Abd. Rauf, Kamus Idris al-Marbawi (Kuala Lumpur: Darul Nu‘man, 1998).
46
Prof. Dr. Mahmood Zuhdi pernah membincangkan tentang keperluan menilai kembali hukum fiqh kesan daripada perkembangan sains dan teknologi. Antaranya ialah hukum makan ulat buah. http://www.addeen.my/index.php/rohani/hukum/item/146-makan-ulat-dalam-buah, di akses pada 16 Sep. 2016.
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Al-Mu‘jam al-‘Arabiy al-Asasiy (t.tp: al-Munazamah al-‘Arabiyyah li al-Tarbiyyah wa alThaqafah wa al-‘Ulum, t.t.). Al-Qazwini, Muhammad bin Zaid, Sunan Ibn Majah (Kaherah: Dar Ibn al Haitham, 2005). Al-Shafi‘i, Muhammad bin Idris, al-Umm (Beirut: Dar al-Kutub al-‘Ilmiyyah, 2014). Al-Shafi‘i, Muhammad bin Idris, al-Risalah (Beirut: al-Maktabah al-‘Asriyyah, 2013). Al-Shatibi, Ibrahim bin Musa, al Muwafaqat (Kaherah: Dar al-Ghad al-Jadid, 2011). Al-Suyuti, ‘Abd. al-Rahman bin Abu Bakr, al-Ashbah wa al-Nazair (Beirut: Dar alKutub al-‘Ilmiyyah,1998). Al-Yubi, Muhammad Sa‘d bin Ahmad, Maqasid al-Shari‘ah al-Islamiyyah wa ‘Alaqatuha bi al- Adillah al-Shar‘iyyah (Riyad : Dar al-Hijrah, 1998). Al-Zuhayli, Wahbah, Nazariyyah al-Darurah al-Shar‘iyyah (Beirut: Muassasah alRisalah, 1997). Ibn ‘Ashur, Muhammad Tahir, Maqasid al-Shari‘ah al-Islamiyyah (Jordan: Dar alNafais, 2011). Ibrahim Mustafa et. Al, al-Mu‘jam al-Wasit (Istanbul: al-Maktabah al-Islamiyyah, t.t.). Mahmood Zuhdi, “Mazhab Syafi’i di Malaysia: Sejarah, Realiti dan Prospek Masa Depan”, Jurnal Fiqh, No.4 ( 2007). Malaysian Standard, Halal Food – Production, Preparation, Handling and Storage – General Guidelines (Department of Standard Malaysia, 2009). Mohamad Aizat Jamaludin, Mohd Anuar Ramli & Suhaimi ab Rahman, “Ijtihad Kontemporari Dalam Pembinaan Fiqh Kepenggunaan Semasa Di Malaysia,” dicapai pada 7 Nov 2014, ttps://www.academia.edu/4366974/Ijtihad_Kontemporari_Dalam_Pembinaan_Fi qh_Kepenggunaan_Semasa_Di_Malaysia Muhammad Nabil Ghanayim, “Maqasid al-Shari‘ah ‘inda al-Shafi‘iyyah” dalam Maqasid alShari‘ah fi al-Mazhahib al-Islamiyyah ( London: Muassasah al- Furqan li al Turath al-Islami, 2012). Nu‘man Jughaym, Madkhal ila Mazhab al-Shafi’i (Beirut: Dar al-Kutub al-‘Ilmiyyah, 2011). Wan Mohd Nasir bin Wan Abd Wahab, Pengenalan Asas kepada Maqasid Syariah (Shah Alam: PSN Publications, 2012). Wan Zahidi Wan Teh, “Manhaj Fatwa Imam Syafi‘i” (Seminar Manhaj Pengeluaran Fatwa Peringkat Kebangsaan, Institut Pengurusan dan Penyelididkan Fatwa Sedunia (INFAD), 5-6 Disember 2006). http://www.addeen.my/index.php/rohani/hukum/item/146-makan-ulat-dalam-buah.
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MASYARAKAT ARAB DAN AKTIVITI DAKWAH DI MALAYSIA Latifah Abdul Latiff1, Siti Nor Baya Yacob2 Abstrak Kemunculan masyarakat Arab berketurunan Sayyid dalam program berbentuk keagamaan di Malaysia menjadi satu fenomena sejak kebelakangan ini. Kehadiran pendakwah berketurunan Arab dari negara jiran Indonesia seperti Habib Syech Abdul Qadir As-Segaf dalam beberapa siri program Salawat Mega yang dianjurkan sama ada oleh pihak kerajaan dan badan-badan bukan kerajaan serta stesyen televisyen tempatan mendapat sambutan hangat daripada masyarakat Malaysia khususnya orang Melayu. Keadaan ini menggambarkan pengaruh besar golongan ini dalam mewarnai persada dakwah Islam di Malaysia pada hari ini. Kehadiran orang Arab di Malaysia serta penglibatan mereka dalam aktiviti dakwah telah lama disedari. Makalah ini cuba menganalisis sejarah penghijrahan, latarbelakang dan aktiviti dakwah masyarakat Arab khasnya keturunan Sayyid dari Hadhramaut,Yaman pada abad ke 19 dan 20 Masihi di Malaysia. Kajian ini menggunakan kaedah kualitatif secara analisis kajian literatur serta kandungan sumber primer seperti bahan arkib, dokumen dan rekod rasmi. Selain itu, sumber sekunder seperti artikel ilmiah, buku dan majalah turut digunakan. Dapatan menunjukkan bahawa orang Arab khususnya Arab Hadhrami keturunan Sayyid yang berasal dari Hadhramaut, Yaman merupakan antara imigran terawal yang berhijrah ke Tanah Melayu. Selain perdagangan, dakwah juga merupakan antara faktor yang membawa komuniti Arab ke rantau ini khususnya di Tanah Melayu. Populasi mereka semakin bertambah dari tahun ke tahun. Pada hari ini mereka telah menjadi sebahagian daripada masyarakat Melayu dan rakyat Malaysia. Kata kunci: Arab, Hadhrami, perdagangan, dakwah, Tanah Melayu.
1
Pensyarah. Pusat Pengajian Teras, Universiti Sains Islam Malaysia (USIM), Bdr. Baru Nilai, 71800, Nilai, Negeri Sembilan.
[email protected] 2 Pensyarah. Pusat Pengajian Teras, Universiti Sains Islam Malaysia (USIM), Bdr. Baru Nilai, 71800, Nilai, Negeri Sembilan
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PENDEKATAN DAKWAH TAREKAT KOTEMPORARI: KAJIAN TERHADAP AMALAN TAREKAT AHMADIYYAH QADIRIYYAH Mohd Shahran Bin Abd Ghani Pelajar Sarjana Falsafah,Fakulti Tamadun Islam
[email protected] Abstrak Artikel ini membincangkan tentang pendekatan perlaksanaan kontemporari amalan Tarekat Ahmadiyyah Qadiriyyah. Kajian menunjukkan bahawa pengasas Tarekat Ahmadiyyah Qadiriyyah telah mengabungkan dua tarekat utama ialah Tarekat Ahmadiyyah yang disandarkan Syeikh Ahmad bin Idris dan Tarekat Qadiriyyah yang disandarkan kepada Syeikh Abdul Qadir al-Jilani. Tarekat Ahmadiyyah Qadiriyyah dilihat mengamalkan konsep ringkas tetapi padat pada susunan amalannya. Amalan Tarekat Ahmadiyyah Qadiriyyah merupakan amalan zikir darajat. Amalan Tarekat Ahmadiyyah Qadiriyyah menumpukan kepada wirid, zikir, istigfar dan membaca potongan ayat-ayat suci al-Quran. Matlamat Tarekat Ahmadiyyah Qadiriyyah ialah untuk memimpin manusia ke arah mencapai sekurang-kurang darjah nafsu mutma’innah, membina kekuatan untuk menolak segala nafsu ammarah, dunia yang melekakan dan tipu daya iblis dan syaitan dan melahirkan muslim yang berperibadi aulia.
Pengenalan
Perkataan tarekat telah menjadi satu istilah dalam ilmu tasawuf dan menjadi sebahagian dari ilmu Islam yang lahir selepas zaman permulaan Islam (al-Barūkhi Sulaiman Ibrahim, 2002). Tarekat juga adalah satu frasa tentang metod pembelajaran dan pengajaran yang berdasarkan al-Quran dan al-Sunnah yang menghimpunkan ilmu, iman dan amal soleh (al-Barūkhi Sulaiman Ibrahim, 2002, Jahid Sidek, 1994). Tarekat dari sudut organisasi ialah satu institusi yang bersistematik yang dipimpin oleh seorang syeikh dan pelajarnya dipanggil sebagai murid di mana seorang syeikh akan mengajar mereka riadah dan mujahadah sebagai ilmu memproses nafsu atau jiwa “ ”تربية نفسيةyang akan membawa mereka kepada kedudukan roh yang bersih, terbuka hijab dan teringkap segala perkara ghaib (al-Barūkhi Sulaiman Ibrahim, 2002). Tarekat dari sudut organisasi juga boleh didefinisikan sebagai mengendalikan satu organisasi samada secara rasmi atau tidak rasmi untuk menyatukan pengamal tarekat bagi mengikuti satu jalan untuk mendekatkan diri kepada Allah Taala melalui amalan yang telah disusun bersumberkan kehidupan Rasulullah s.a.w, para sahabat dan tabiin dan organisasi ini dipelihara secara terus menerus bersambung dari satu syeikh tarekat kepada syeikh tarekat bertujuan untuk menjadi orang yang sentiasa dekat dengan Allah Taala hingga mencapai darjah ihsan (H. Asmaran as, 2013, Alzani Zulmi M, 2013, M. Ali Haidar, 2013).
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Definisi Dakwah Dan Kontemporari
Dakwah adalah suatu proses berterusan yang dilakukan oleh para pendakwah untuk mengubah masyarakat islam agar bersedia masuk ke jalan Allah, dan secara berperingkat menuju kepada kehidupan Islam (Anas Habibi Ritonga, 2015). Dakwah juga adalah bermaksud satu usaha mengajak kepada jalan kebenaran iaittu jalan tuhan bukan keradah jalan iblis dan syaitan (Zulkarnaini, 2015). Dari definisi dakwah di atas, dapat disimpulkan bahawa dakwah adalah satu usaha berterusan kearah mendorong manusia sentiasa dalam bendungan syariat Allah dan terselamat dari jalan yang menyimpang. Maksud jalan menyimpang termasuk jalan syaitan, iblis, nafsu ammarah.
Menurut Kamus Dewan (Edisi Empat) kontemporari bermaksud masa kini, kekinian dan semasa. Kekinian pula bermaksud keadaan baru atau mutakhir. Masa kini juga boleh dikaitakan moden, pembaharuan atau kaedah baru (Zulkarnaini, 2015). Masyarakat kontemporari merujuk tahap dan corak kekinian dan kemodenan yang difahami dan dilaksanakan oleh mereka (Zulkarnaini, 2015). Corak kekinian dan kemodenan itu bermaksud mereka mula mengikis corak lama dan memasukkan corak baru (Zulkrnairi, 2015).
Sejarah Penubuhan Tarekat Ahmadiyyah Qadiriyyah Dan Hubungannnya Dengan Tarekat Ahmadiyyah Dan Qadiriyyah
Pengasas utama Tarekat Ahmadiyyah ialah Sayyidi Ahmad bin Idrīs bin Abdullāh al-Hasani (alBarūkhi Sulaiman Ibrahim, 2002, Che Zarrina Sa’ari, 2000). Nama lengkap beliau Ahmad b. Idrīs b. Abdullāh b. al-Hasan al-Muthannā b. Ali Muhammad Sayyidinā al-Hasan al-Sibt, cucu
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Rasulullah s.a.w. Beliau sering disebut sebagai Ahmad b. Idrīs al-Hasani, keturunan Imam Idrīs b. Abdullah al-Mahd. Selain itu beliau juga turut dikenali sebagai Ahmad b. Idrīs b. Muhammad b. Ali. Sumber Inggeris pula sering menyebut beliau sebagai Ahmad b. Idrīs Al-Fāsī (Che Zarrina Sa’ari, 2000). Tarekat Ahmadiyyah dikembangkan di Malaysia oleh Syeikh Abdlul Samad bin Muhammad Al-Falimbangi yang dikenali dengan Tuan Tabal di Negeri Kelantan, Syeikh Muhammad Said bin Jamaluddin Al-Linggi di Negeri Sembilan dan Tok Syafei Kedah di Kedah (Che Zarrina Sa’ari, 2000, Sulaiman Ibrahim, 2002). Tarekat Ahmadiyyah juga dikenali dengan tarekat Ahmadiyyah Idrisiyyah atau Ahmadiyyah Rashidiyyah (Che Zarrina Sa’ari, 2000). Dr. Sulaiman Ibrahim al-Barūkhi (2002), menyatakan bahawa Syeikh Ahmad bin Idrīs menerima wirid dari Nabi Khiḍir atas arahan Baginda Rasulullah s.a.w,s, sebagaimana ditulis dalam lampiran kitab al-‘Aqd al-Nafis fi Nuẓum Jawāhir al-Tadris.
Tarekat Qādiriyyah diasaskan oleh Syeikh Abdul Qādir al-Jilāni (Ahmad Al-Sharbāṣi, 1995). Nama penuh beliau ialah Abū Muhammad Muḥyiddin Abdul Qādir bin Abū Sāleh Mūsā (Sulaiman Ibrahim, 2002). Di Tanah Melayu, salasilah tarekat ini telah diperkenalkan dalam bentuk penulisan oleh Syeikh Abdul Rawuf bin Ali Al-Fansūri (Che Zarrina Sa’ari, 2000). Syeikh Mahmud Abd Rahmah mengambil sanad Tarekat Ahmadiyyah dari Syeikh Said bin Hasan iaitu seorang guru tarekat yang mengamalkan Tarekat Ahmadiyyah di Kelantan (Madrasah Nurul Iman, 2009).. Beliau juga mengambil sanad Tarikat Ahmadiyyah dari Tuan Guru Haji Omar Zuhdi Pondok Lanai Kedah (Madrasah Nurul Iman, 2009). Penamaan Qādiriyyah merujuk kepada penjelasan bahawa beliau mendapat asuhan secara terus dari Syeikh Abdul Qādir al-Jilāni melalui sanad ’uwaisiyyah. Asuhan Syeikh Abdul Qādir Al-Jīlānī lebih menjurus kepada bentuk nasihat dan teguran (Madrasah Nurul Iman, 2009, Madrasah Nurul Iman, 2008).
Salasilah Tarekat Ahmadiyyah Qadiriyyah
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Salasilah tarekat adalah sumber pembelajaran dan pengajaran daripada syeikh sesuatu tarekat yang mana asalnya beliau menerima pembelajaran dan pengajaran tarekat itu secara berantai hingga sampai ke Rasulullah s.a.w,. (H. Asmaran As, 2013, Rohaimi Rastam, Mohd Syukri Yoeh Abdullah, Yusri Mohamad Ramli, 2015). Tarekat Ahmadiyyah Qadiriyyah di bawah pimpinan Syeikh Mahmud bin Abd Rahman mempunyai dua salasilah iaitu salasilah zahiriyyah dan salasilah uwaisiyyah. Dr Christopher M. Joll (2014) yang menyatakan bahawa Syeikh Mahmud Abd Rahman ialah seorang salah yang mengembangkan tarekat Ahmadiyyah Idrīsiyyah dari Lundang Paku yang mana beliau merupakan anak murid Syeikh Said Hasan. dan pengembang Tarekat Qādiriyyah yang beliau ambil dari India semasa beliau belajar di sana. Dr. Christopher M. Joll (2014) menyimpulkan bahawa Tarekat Ahmadiyyah Idrīsiyyah Rāshidiyyah dan Tarekat Ahmadiyyah Idirīsiyyah Dandārawiyyah yang dikembang di Tanah Melayu dan negara Thailand adalah melalui tokoh-tokoh sebagaimana rajah 1 (Christopher M. Joll: 2014).
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Syeikh Ahmad Ibn Idris Al-Fasi 1760-1837 Ibrahim al-Rashid 1813-1874
Tuan Tabal
Ahmad al-Fatani
1840-1891
1813-1874
Syeikh Muhammad Said al-Linggi
Syeikh Ismail Lundang Paku
Wan Musa
1875-1926
1850-1926
Syeikh Ahmad bin Muhammad al-Dandarawi 1839-1911
1874-1939
Syeikh Said bin Hassan 1849-1984
Mahmud alMajdhub 1942-2012
Rajah 1
Susur Galur Salasilah Ẓāhiriyyah TAQ
Sanad Uwaisiyyah Tarekat Ahmadiyyah Qadiriyyah ialah Syeikh Mahmud Abd Rahman telah mendapat asuhan kerohanian secara ghaib dari Syeikh Abdul Qadir al-Jilani yang mana dengan asuhan kerohanian ini membawa kepada penamaan Qadiriyyah pada tarekat yang diasaskan oleh 450
beliau. Dr. Abd Manan (2007) yang menyatakan sanad ’uwaisiyyah juga dipanggil sanad barzakhiyyah. Syeikh Abdul Wahhab al-Sya’rāni (1996) menjelaskan bahawa beliau mempunyai sanad uwaisiyyah. Syeikh Abdul Wahhab al-Sya’rāni (1996) menyatakan bahawa beliau mempunyai tarekat yang diambil dari Syeikh Ali al-Khawwas. Syeikh Ali al-Khawwas mengambil sanadnya dari Syeikh Ibrahim al-Matbūli (al-Sya’rāni Abdul Wahhab, 1996) .Syeikh Ibrahim alMatbūli mengambil tarekat secara yaqazah dan mushāfahah terus dari Rasulullah s.a.w di alam ruhani (al-Sya’rāni Abdul Wahhab, 1996).
Amalan Wirid Dan Zikir Tarekat Ahmadiyyah Qadiriyyah
Amalan Tarekat Ahmadiyyah Qadiriyyah sebagaimana berikut:
a.
Wirid Syeikh Ismail Lundang Paku. Wirid
ini di amalkan setiap hari selepas
sembahyang subuh dan magrib. Pemilihan wirid ini kerana syeikh Ismail Lundang menurut Syeikh Mahmud Abd Rahman merupakan seorang ahli sufi berpangkat qutub. Wirid syeikh Ismail Lundang Paku seperti berikut (Madrasah Nurul Iman, t.t):
Fasa Pertama: pengamal akan membaca wirid berikut:
أستغفر هللا مما سوى أهلل وكل شيء يقول أهلل أستغفر هللا رب البرايا و نستغفرأهلل من الخطايا أنت الهادي أنت الحق ليس الهادي إال هو ال إله إال هللا, نور محمد صلى هللا, ما في قلبي غير هللا, حسبي ربي جل هللا ال إله إال هللا الملك الحق المبين محمد رسول هللا صادق الوعد األمين 451
ال إله إال هللا محمد رسول هللا ال إله إال هللا محمد حبيب هللا Fasa Kedua: setelah selesai membaca wirid fasa pertama, para pengamal akan berzikir secara kuat dan berulang-ulang pada zikir dua zikir di bawah. Tidak ditentukan sebarang bilangan. Jika wirid ini dilakukan secara berjemaah, para akan mengikut pemimpin majlis zikir tersebut. Jika berkelapangan, mereka boleh berzikir dengan tempoh yang lebih lama.
ال إله إال هللا هللا هللا
Fasa Ketiga: setelah selesai berzikir pada fasa kedua, para pengamal akan membaca wirid di bawah. Namun wirid berikut tidak perlu baca jika mereka dalam kesempitan masa. Ini bermakna pengamal diberi kelonggaran itu untuk meringkaskan pengamalan jika mereka dalam kesempitan masa.
ال إله إال هللا محمد رسول هللا في كل لمحة و ونفس عدد ما وسعه علم هللا ال إله إال هللا هو هللا أكبر يا لطيف يا لطيفا فوق كل لطيف الطف بنا فيما جرت به المقادر هللا لطيف بعباده يرزق من يشاء وهو القوي العزيز حسبنا هللا و نعم الوكيل
452
ومن يتق هللا يجعل هللا ويرزقه من حيث ال يحتسب و من يتوكل على هللا فهو حسبه إن هللا بالغ أمره قد جك هللا لكل شيء قدرا b.
Wirid Selepas Sembahyang Zuhur. Wirid selepas sembahyang zuhur adalah seperti
dibawah (Santapan Rohani, t.t).
Langkah Pertama: Dibawa zikir ”هللا
هللا
” dengan diberi kebebasan kepada pengamal untuk
menentukan bilangan. Langkah kedua: Diteruskan dengan zikir ” ” هللا َحدdengan diberi peluang untuk menentu bilangannya sendiri. Langkah Ketiga: Pengamal akan meneruskan zikir dengan kalimah ”” هللا الصمد. Langkah Keempat: Setelah selesai membaca zikir-zikir di atas, pengamal ” َحد
akan membaca ungkan
” لم رلد ْلم رولد ْلم رق َّ لُ كفوا
dan seterusnya membaca surah- al-Ikhlas, al-Falaq, an-Nas.
c.
Wirid Selepas Sembahyang Asar. Wirid selepas sebagaimana berikut:
Langkah Pertama: Pengamal akan membaca istigfar dibawah dengan diberi peluang untuk menentukan bilangan bacaaan.
ال إله إال أنت سبحانك إني كنت من الظالمين Langkah Kedua: setelah selesai langkah pertama, pengamal akan berzikir dengan zikir
”
” إال هللا إال هللاdengan berulang-ulang dengan bilangan yang ditentukan sendiri oleh pengamal.
453
d.
Wirid Selepas Sembahyang Isyak. Wirid ” ِحْم
”را ِحْم را
dibaca dengan berulang
dengan bilangan yang ditentukan oleh pengamal sendiri.
Baiah, Talkin Zikir, Adab zikir, Teknik Zikir,
Dalam Tarekat Ahmadiyyah Qadiriyyah, Syeikh Mahmud Abd Rahman hanya baiah murid beliau yang telah mencapai darjah nafsu radhiah sahaja (Madrasah Nurul Iman, 2011). Corak baiah yang dilakukan oleh Syeikh Mahmud Abd Rahman ialah sentiasa menasihati dan memantau cara murid berjalan dan bersuluk dalam segenak aspek kehidupan hingga murid tersebut mencapat darjah nafsu radhiah (Madrasah Nurul Iman, 2011). Syeikh Mahmud Abd Rahman berpendapat setiap perkataan yang datang dari nasihat, pandangan dan susunan amalan seorang syeikh mursyid adalah baiah. Syeikh Mahmud juga berpendapat bahawa Rasulullah s.a.w tidak melakukan baiah zikir (Madrasah Nurul Iman, 2007). Ini bermakna baiah dalam Tarekat Ahmadiyyah Qadiriyyah dilakukan pada murid yang telah menampakan kemajuan.
Talkin zikir dalam Tarekat Ahmadiyyah Qadiriyyah ialah terus tumpuan penuh semasa zikir pada Allah pada setiap majlis zikir dilakukan (Madrasah Nurul Iman, 2007).
Dalam Tarekat Ahmadiyyah Qadiriyyah, seorang yang ingin berzikir secara bersendirian atau berjemaah atau mengikut majlis zikir yang dipimpin oleh guru mursyid, mereka perlu mengetahui adab-adabnya (Madrasah Nuru Iman, t.t). Diantaranya ialah hendaklah mempunyai kesedaran bahawa kita adalah hamba Allah yang banyak buat dosa, jahil, lemah dan sangat hina (Madrasah Nuru Iman, t.t). Hadirkan rasa malu yang tinggi dihadapan Allah Yang Maha Berkuasa. Berazam
454
untuk menghancur segala kerosakan yang masih bermaharajalela dalam diri kita (Madrasah Nuru Iman, t.t). Sentiasa bertaubat sebanyak mungkin dengan mencatat setiap dosa, kesalahan dan kelalaian lalu berazam untuk tidak mengulangi selepas majlis zikir tersebut (Madrasah Nuru Iman, t.t). Berzikir dengan niat semata-mata untuk zat Allah dan menghancurkan ammarah dalam jiwa bukan untuk seronok atau seumpamanya (Madrasah Nurul Iman, t.t).
Dalam Tarekat Ahmadiyyah Qadiriyyah tiada teknik, pergerakan tertentu semasa berzikir. Murid diminta memberikan tumpuan kepada Allah dengan penuh beradab. Jika terdapat perasaan untuk membuat pergerakan tertentu atau ingin menjerit atau menghentakkan kaki atau untuk mengubah rentak zikir, janganlah dibuat dengan ikut perasaan, tetapi lakukankanya semata dalam keadaan fana penuh kepada Allah Taala. Jika dibuat dengan keinginan diri, khuatir ianya datang diri yang masih ammarah.
Tugasan Individu
Dalam Tarekat Ahmadiyyah Qadiriyyah, pengamal mempunyai tugasan individu. Mana-mana individu yang ingin iltizam dengan Tarekat Ahmadiyyah Qadiriyyah, mereka hendaklah melakukan langkah berikut. Langkah Pertama: seseorang itu perlu menghabiskan membaca (i) selawat dan (ii) istigfar sebanyak empat puluh ribu sebagai permulaan (Madrasah Nuruliman, 2011). Namun tiada tempoh masa ditetapkan untuk menyelesaikan bilangan selawat tersebut, ianya dilakukan berdasarkan kemampuan yang ada padanya (Madrasah Nuruliman, 2011). Langkah Kedua: Setelah selesai membaca selawat dan istigfar sebanyak bilangan empat puluh ribu, pengamal dicadangkan meneruskan amalan beristigfar sekurang-kurangnya seratus kali sehari (Madrasah Nuruliman, 2011). Ini berdasarkan hadis, bilangan istigfar sekurang-kurangnya seratus kali. Langkah ketiga: Pengamal hendaklah meneruskan amalan selawat dan cuba setakat mana yang mampu dengan menghabiskan bilangan bilangan selawat sebanyak lima juta dan enam ratus ribu. Jika pengamal mampu seratus kali berselawat dalam sehari, maka teruskan dan digalakkan bilangan selawat lebih dari istigfar (Madrasah Nuruliman, 2011). Ini berdasarkan mujahadah 455
Syeikh Mahmud Abd Rahman yang mana beliau telah berjaya berselawat sebanyak lima juta dan enam ratus ribu (Madrasah Nurul Iman, 2009). Tarekat Ahamdiyyah Qadiriyyah tidak menetapkan sesuatu selawat untuk diamalkan. Para pengamal Tarekat Ahmadiyyah Qadiriyyah boleh mengamalkan apa jua jenis selawat (Madrasah Nurul Iman, t.t). Namun pengamal tarekat ini dicadangkan mengamal selawat ummi sebagaimana berikut (Madrasah Nurul Iman, t.t):
اللهم صلي على سيدنا محمد عبدك و رسولك النبي األمي و على آله و صحبه وسلم
Manakala amalan istigfar Tarekat Ahmadiyyah Qadiriyyah mencadang dua amalan istigfar iaitu: ”العظيم ”الظالمين
” أستغفرهللا
” الإله إال أنت سبحانك إني كنت من.
Halatuju Tarekat Ahmadiyyah Qadiriyyah
Syeikh Mahmud Abd Rahman menjelaskan bahawa asuhan dan didikan yang diusahakan oleh beliau adalah untuk memproses murid-muridnya ke arah mencapai sekurang-kurangnya nafsu mutma’innah, kemudian naik setingkat hingga ke nafsu radhiah, mardhiyyah dan kamilah (Madrasah Nurul Iman, 2011). Namun murid yang dikehendaki oleh Syeikh Mahmud ialah nafsu radhiah (Madrasah Nurul Iman, 2011). Seorang murid yang masih tidak mencapai nafsu mutmai’innah, ini bermakna dia masih tidak bebas dari segala penyakit hati, sifat-sifat ganas, dan berpotensi akan jatuh hingga nafsu ammarah pada bila-bila masa (Madrasah Nurul Iman, 2011). Tarekat yang dipimpin oleh Syeikh Mahmud Abd Rahman ialah jalan muqarrabin iaitu jalan orang berada pada darjah nafsu radhiah ke atas (Madrasah Nurul Iman, 2011). Syeikh Mahmud Abd
456
Rahman juga menjelaskan bahawa matlamat dakwah Tarekat Ahmadiyyah Qadiriyyah ialah membina dan mendapat ketahanan dan kekuatan iman.
Dapatan Kajian
a.
Jika dilihat pada amalan tarekat Ahmadiyyah Qadiriyyah, ianya didapati ringkas dan padat.
Amalan Tarekat Ahmadiyyah Qadiriyyah yang dilihat sedikit panjang ialah wirid selepas subuh dan magrib, namun tetap ringkas. Ianya gabungan antara wirid dan zikir. Zikir selepas subuh, magrib mengandungi sebaik-baik zikir iaitu
”هللا
ال إله إال
” dan zikir kalimah ”
”هللاyang
mana kedua-dua adalah kalimah utama dalam darajat (Thahirah Hassan, Faudzinaim Badaruddin, Abdul Manam Mohamad, 2014). Pengamal diberi peluang untuk meringkaskan amalan wirid selepas subuh dan magrib jika berada dalam kesempitan masa. Manakala pada amalan wirid dan zikir selepas zuhur, asar dan isyak adalah sangat ringkas namun ianya padat kerana mengandungi istigfar dan zikir. Kepadatan amalan Tarekat Ahmadiyyah dapat dilihat pada kekerapannya. Amalan Tarekat Ahmadiyyah Qadiriyyah disusun selepas setiap sembahyang fardhu. Ini memberi kemudahan kepada pengamal untuk mengamalkannya, tidak berfikir mencari masa untuk mengamalkan wirid ini dan membantu untuk mereka lebih displin dalam pengamalan.
b.
Jika ditinjau pada displin Tarekat Ahmadiyyah Qadiriyyah, amalan tarekat Ahmadiyyah
Qadiriyyah merupakan amalan zikir darajat. Kriteria zikir darajat ialah memerlukan pimpinan guru mursyid, adab zikir, teknik zikir, bai’ah dan talkin (Thahirah Hassan, Faudzinaim Badaruddin, Abdul Manam Mohamad, 2014). Kriteria ini terkandung dalam displin Tarekat Ahmadiyyah Qadiriyyah sebagaimana yang telah dijelaskan di atas.
c.
Jika diteliti pada halatuju Tarekat Ahmadiyyah, iannya memberi fokus kepada kemajuan
kerohanian. Tarekat ahmadiyyah Qadiriyyah mementingkan kualiti. Sekalipun halatuju Syeikh
457
Mahmud Abd Rahman adalah sekurang-kurangnya mencapai darjah mutma’innah, namun sasaran sebenar beliau ialah mencapai nafsu radhiah ke atas. Ini kerana Syeikh Mahmud berpendapat bahawa orang boleh menyelesaikan masalah ummah ialah orang yang telah sampai ke darjah radhiah ke atas (Madrasah Nurul Iman, 2011). Ini bertepatan dengan pendapat al-‘Arif Qāsim bin Salāhuddin al-Khāni al-Hanafī al-Hambalī (2002) yang menyatakan bahawa orang mencapai nafsu radhiah sahaja boleh memimpin murid.
d.
Baiah dalam istilah tasawuf ialah pengakuan kesanggupan dan kesetiaan murid untuk
mengamalkan segala apa yang diperintahkan oleh mursyidnya (Totok Jumantoro, Samsul Munir Amir, 2005. Thahirah Hasan Basri, Faudzinaim Badaruddin, Abdul Manam Mohamad, 2014). Baiah juga bermaksud pengambilan zikir secara rasmi (Thahirah Hasan Basri, Faudzinaim Badaruddin, Abdul Manam Mohamad, 2014. Azwan, 2001). Jika ditinjau pada baiah yang dilaksanakan dalam Tarekat Ahmadiyyah ialah setiap nasihat dan pemantauan syeikh terhadap murid semasa mereka berjalan menuju kepada Allah Taala. Apabila murid itu telah mencapai nafsu radhiah, maka barulah syeikh akan baiah seseorang itu sebagai anak muridnya. Syeikh Mahmud Abd Rahman meninggalkan cara lama baiah yang dikenali sebagai pengambilan amalan zikir secara rasmi dengan bersalaman dan murid menyatakan pengakuan kesanggupan kepada baiah cara baru ialah nasihat dan pemantauan menyeluruh yang berterusan terhadap murid ketika dalam menuju kepada Allah Taala dalam segenak aspek kehidupan. Baiah cara baru ini lebih menepati kerana Islam itu sendiri dimana agama Islam itu adalah cara hidup bukan semata-mata zikir. Dakwah tarekat yang dijalankan oleh Tarekat Ahmadiyyah lebih menyeluruh dan sesuai dengan masyarakat kontemporari yang sukakan pembaharuan.
e.
Talkin zikir dalam istilah tasawuf ialah pengajaran mursyid tentang amalan zikir. talkin
zikir ini adalah salah satu ciri zikir darajat (Thahirah Hasan Basri, Faudzinaim Badaruddin, Abdul Manam Mohamad, 2014. Azwan, 2001). Talkin zikir juga bermaksud tatacara pengamalan dan bentuk-bentuk zikir yang perlu diamalkan. Namun dalam tarekat Ahmadiyyah ialah talkin zikir ialah tumpuan penuh pada Allah Taala sewaktu berzikir. Konsep talkin seperti ini lebih diperlukan oleh dalam dakwah tarekat kotemporari kerana
458
muslim pada zaman kotemporari ini lebih
mencabar disebabkan tarikan dan ajakan kearah kelalaian sangat kuat dan banyak. Jadi tumpuan pada Allah Taala perlu dilakukan dari semasa ke semasa untuk mendapat ketahanan keimanan. f.
Tugasan individu dalam Tarekat Ahmadiyyah mempunyai bilangan besar khususnya pada
bilangan selawat, namun pengamal diberi ruang yang seluas-luas untuk menguruskan bagaimana untuk menamatkan bilangan tersebut berdasarkan kemampuan yang ada pada mereka, tumpuan dan kesungguhan yang mereka miliki.
Kesimpulan
Dakwah kotemporari yang dilakukan dalam Tarekat Ahmadiyyah Qadiriyyah ialah lebih menjurus kepada membina dan mendapatkan kekuatan serta ketahanan agar murid sentiasa berada dalam bendungan syariat Islam mengikut kemampuan ada pada murid. Tumpuan dakwah Tarekat Ahmadiyyah ialah membentuk kekuatan keimanan. Kekuatan keimanan mula terbentuk apabila seorang itu telah berjaya meninggalkan nafsu ammarah dan lawwamah mereka dan mencapai nafsu mutma’innah, radhiah, mardhiyyah dan kamilah. Satu perkara yang kita perlu ambil perhatian ialah sesetengah umat Islam yang ingin memasuki amalan tarekat, mereka telah pun islam, ada yang telah menjadi ustaz, ada yang telah berpangkat al-’Allamah. Oleh itu apa yang diperlukan oleh memperbaiki diri mereka dan membentuk kekuatan iman mereka. Oleh itu Tarekat Ahmadiyyah menjalankan dakwah secara subjektif iaitu mengikut kesesuaian dan kemampuan yang ada pada murid atau pengamal.
Rujukan
Alzani Zulmi M, M. Ali Haidar, Tarekat Qaodariyah Wa Naqsabandiyah Syaikhona Muhammad Kholil Bangkalan, Journal Pendidikan Sejarah, Volume 1, No 2, (Mei 2013) 89-99. Al-Sha’rāni Abdul Wahhāb Ahmad (1996) Lawāqih al-Anwār al-Qudsiyyah Fi Ma’rifah Qawa’id al-Sūfiyyah.Edisi pertama. Beirut. Dār al-Fikr Li al-Tibā’ah Wa al-Nashr Wa al-Taqzi’
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Abdul Manam (2007). Salasilah Dalam Tarekat Tasawuf. Dlm Penjanaan Tariqat Tasawwuf Dalam Pembangunan Rohani Negara. Edisi pertama. Jabatan Mufti Negeri Sembilan. al-‘Arif Qāsim bin Salāhuddin al-Khāni al-Hanafī al-Hambalī (2002), al-Siyaru Wa al-Sulūk ‘Ilā Malik al-Mulūk. Edisi pertama. Dār al-Kutub al-‘Ilmiyyah. Al-Barūkhī Sulaiman Ibrahim (2002). Al-Ṭhuruq Al-Sufiyyah Fi Māliziya Wa Āthāruhā ‘alā AlDa’wah Al-Islāmiyyah. Edisi pertama. Negeri Sembilan: Dar Iftā’ Bi Wilāyah Negeri Sembilan. Asmaran Asmaran. Tarekat-Tarekat Di Kalimantan Selatan (2013) (‘Alawiyyah, Sammâniyyah Dan Tijâniyyah), Al-Banjari: Jurnal Ilmiah Ilmu Keislaman.Volume 12. No. 2. (Julai 2013) 177-198. Che Zarrina Sa’ari (2000) Biografi Shaikh Ahmad b. Idrīs dan Sumbangannya Terhadap Alam Kesufian. Afkar Jurnal Akidah & Pemikiran Islam. 1(1): 33-54. Jahid sidek (1994). Syeikh Dalam Tarekat. Universiti Malaya. Tesis Phd. Madrasah Nurul Iman (2007). Munakasyah Tarikat Sufi. Edisi pertama. Selangor: Madrasah Nurul Iman. Madrasah Nuruliman (2009) Syeikh Mahmud Al-Majdhūb . Edisi pertama. Selangor: Percetakan Pak Sdn Bhd. Mahmud Abdul Rahman (2011) Ruhul Zikri. Edisi pertama. Thailand: Kota Tauhid Ltd. Mahmud Saedon awang (1992) Sejarah Perkembangan Tarekat Tasawuf dan Persoalan Mengenainya. Edisi. Kuala Lumpur: Bahagian Hal Ehwal Islam Jabatan Perdana Menteri. Rohaimi Rastam, Mohd Syukri Yeoh Abdullah & Yusri Mohamad Ramli, Analisis Salasilah Tarekat Shaykh Shams al-Din al-Sumatra’i. International Journal Of Islamic Thought . Volume 8 (Disember 2015). Thahirah Hassan Basri, Faudzinaim Badaruddin, Abdul Manam Mohamad, Konsep Zikir Darajah Dalam Displin Ilmu Tarekat. Jurnal Islam Dan Masyarakat Kontemporari. Bil. 8. (Julai 2014). Azwan (2001). Hakikat Zikrullah Dan Doa-Doa Keperluan Harian. Kuala Lumpur. Usnie Sdn. Bhd. Totok Jumantoro, Samsul Munir Amin (2005). Kamus Ilmu Tasawuf. Jakarta: Penerbit Amzah.
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PENGURUSAN DAYA JUANG SPIRITUAL ANGGOTA ANGKATAN TENTERA MALAYSIA SERTA IMPAK KEPADA KESELAMATAN NEGARA Burhanuddin Jalal1, Sayuti Ab Ghani Universiti Pertahanan Nasional Malaysia Abstrak Keselamatan negara dapat menyumbang kepada pertumbuhan ekonomi yang mapan dan keamanan sejagat. Bagi mencapai matlamat tersebut negara perlu kepada organisasi atau agensi keselamatan yang mantap dan berkesan. Kewibawaan atau kemantapan organisasi keselamatan dapat diukur menerusi tiga elemen penting iaitu daya tembak (fire power), daya gerak (mobility power) dan daya juang (combat power). Aspek daya juang merangkumi aspek kesiagaan spiritual merupakan elemen yang perlu diperkukuhkan dalam diri setiap anggota Angkatan tentera Malaysia. Kesiagaan institusi keselamatan tidak hanya dinilai dari kelengkapan asset dan alatan canggih semata-mata, malah yang terpenting ialah nilai kerohanian dalam diri setiap anggota terutamanya dari sudut kesiagaan diri menggalas tanggungjawab dan amanah negara. Kertas akan menjelaskan peranan Kor Agama Angkatan Tentera dalam aspek Pengurusan daya juang spiritual dan juga Pengurusan hal ehwal Islam dalam organisasi Angkatan Tentera Malaysia, mengkaji tahap kesiagaan spiritual dalam kalangan anggota Tentera Malaysia serta menerangkan kaedah pengurusan daya juang spiritual melalui program dan strategi baru ke arah pengukuhan kesiagaan spiritual anggota Angkatan Tentera Malaysia. Selain dari itu kertas akan menjelaskan elemen-elemen insaniah yang membentuk kesiagaan spiritual dalam diri seorang anggota keselamatan, mengkaji tahap kesiagaan spiritual yang sedia terbina dalam diri untuk berjuang mempertahankan kedaulatan negara berdasarkan kajian yang telah dibuat. Metode kajian secara mod campuran (mixed method) bagi mendapatkan data yang sistematik, tepat dan mendalam. Data kualitatif diperoleh menerusi pendekatan temu bual dan data kuantitatif menerusi borang soal selidik. Penggunaan perisian N-vivo dan SPSS diguna pakai bagi tujuan penganalisisan data. Hasil kajian dapat menilai tahap kesiagaan spiritual anggota Angkatan Tentera Malaysia khususnya dalam menghadapi cabaran hakisan elemen keagamaan dan kemuliaan akhlak Islam dalam diri anggota ATM.
1
[email protected]
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TAKWIL LIBERAL DALAM KITAB FATHUN NAWA OLEH AHMAD LAKSAMANA: SATU ANALISIS Suhailiza Md. Hamdani Fakulti Kepimpinan dan Pengurusan, Universiti Sains Islam Malaysia, Bandar Baru Nilai, Negeri Sembilan.
[email protected] Abstrak Buku bertajuk Al Fathun Nawa (vol 1) karya Ahmad Laksamana atau lebih dikenali dengan Dr Halo-N terbitan CV Pustaka Al Fathun Nawa di Indonesia telah mula tersebar di kalangan umat Islam Malaysia sejak diterbitkan pada tahun 2011.Rentetan daripada itu, Kementerian Dalam Negeri (KDN) dan JAKIM telah mewartakan Perintah Larangan Penerbitan terhadap buku Al Fathun Nawa pada tahun 2014 kerana isi kandungannya yang mengandungi unsur-unsur yang mungkin memudaratkan serta mengelirukan umat Islam dan bertentangan dengan aqidah ahli sunnah wal jamaah yang diamalkan di negara ini. Kandungan buku Al Fathun Nawa(vol 1) adalah berbentuk pentafsiran ayat al –Quran yang mencakupi dua puluh lima ayat pertama surah al-Baqarah. Edisi pertama buku ini mencecah hampir 1500 muka surat dan penulis bercita-cita mahu menyempurnakan pentafsiran keseluruhan ayat al Quran. Oleh itu kajian ini akan meneliti kaedah yang digunakan oleh Ahmad Laksamana dalam mentafsirkan ayat al-Quran di samping melihat kecenderungannya terhadap asas pemikiran Liberal dalam kaedah pentafsiran yang digunapakai. Kata kunci: takwil, Al Fathun Nawa, Ahmad Laksamana PENDAHULUAN Ahmad Laksamana atau yang dikenali kini dengan gelaran Dr. Halo telah mencetuskan kontroversi baru melalui penerbitan bukunya yang bertajuk “Al Fathun Nawa ( Jilid 1)”. Buku tersebut telah dicetak oleh CV. Pustaka Al Fathu Nawa, Sumatera Barat Indonesia dan diterbitkan pada tahun 2011 serta mula tersebar di Malaysia khususnya di Selangor sehingga kini. Melalui karyanya “Al Fathun Nawa”,beliau telah memperlihatkan sisi lain pemikiran beliau iaitu cuba mengadaptasikan pendekatan liberal dalam mentafsirkan ayat-ayat alQuran. Oleh itu, Kementerian Dalam Negeri (KDN) mewartakan Perintah Larangan Penerbitan terhadap buku bertajuk Al Fathun Nawa Jilid 1/2011 karya Dr Halo-N kerana isi kandungan penerbitan itu mengandungi unsur-unsur yang mungkin memudaratkan serta mengelirukan umat Islam dan bertentangan dengan ajaran Ahli Sunnah Wal Jamaah yang diamalkan di negara ini.Warta larangan itu berkuat kuasa 21 Mei 2015 mengikut Seksyen 7(1) Akta Mesin Cetak dan Penerbitan 1984. ``Adalah menjadi satu kesalahan mengikut subseksyen 2 Seksyen 8 Akta Mesin Cetak dan Penerbitan 1984 sekiranya mana-mana orang mencetak, mengimport, menghasilkan, menghasilkan semula, menerbit, menjual, mengeluar, mengeliling, menawarkan untuk menjual, mengedar atau ada dalam miliknya bagi apa-apa jua maksud seperti itu apaapa hasil penerbitan larangan,''1
1
http://ww1.utusan.com.my/utusan/Dalam_Negeri/20140611/dn_51/KDN-warta-perintah-larangan-penerbitan-terhadap-duabuku#ixzz4IyFxQ4VA. < diakses pada 1 september 2016>
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AHMAD LAKSAMANA Ahmad Laksamana Bin Omar Bin Osman dilahirkan di Kuala Nibong, Pasir Mas Kelantan pada 22 Julai 1954.Beliau dipelihara oleh bapa saudaranya Osman Bin Yakub sejak usia lapan belas bulan dan diberi pendidikan oleh bapa saudaranya yang merupakan guru al-quran,Bahasa dan mantiq.Bapa saudaranya dikatakan pernah menuntut ilmu dari tok Kenali sekitar tahun 1930. Suatu ketika dahulu iaitu sekitar tahun 70 an dan 80 an, beliau telah mencetuskan kontroversi melalui penulisannya yang menjurus ke arah batinniyah dan wihdatul wujud di dalam buku yang bertajuk” Hakikat Insan”. Lantaran itu, pada tahun 2001 Majlis Fatwa Negeri Melaka telah membuat keputusan bahawa Ilmu Hakikat Insan ajaran Ahmad Laksamana didapati mengandungi ajaran-ajaran yang bertentangan dengan Islam. Oleh yang demikian, orang Islam dilarang menyebar, mengajar, belajar dan mengamalkan ajaran itu manakala orang islam yang telah belajar dan mengamalkan ajaran Ilmu Tajalli atau Ilmu Hakikat Insan ajaran Ahmad Laksamana hendaklah meninggalkan ajaran itu dan memohon keampunan kepada Allah s.w.t 2.
AL FATHUN NAWA Menurut Ahmad Laksamana ‘AL FATHUN NAWA’ adalah bermaksud Ledakan Nuklear, berseuaian dengan peranan al Quran sebagai al furqan dan umm al kitab iaitu sumber kekuatan dalam meembentuk dan merencanakan manusia dalam seluruh aspek kehidupan3. Jilid Pertama buku al- Fathu Nawa telah diterbitkan pada tahun 2011 mengandungi lebih kurang 1325 muka surat yang merangkumi perbincangan dari ayat pertama surah al-Baqarah hingga ayat kedua puluh sembilan surah al-Baqorah. Manakala Jilid Kedua diterbitkan pada tahun 2015 mengandungi 1335 mukasurat yang merangkumi perbincangan ayat tiga puluh hingga tujuh puluh enam surah al baqorah. Jilid ketiga pula diterbitkan juga pada tahun 2015 mengandungi 1337 mukasurat yang mencakupi perbincangan ayat tujuh puluh tujuh hingga ayat seratus satu. Buku tersebut telah diterbitkan dalam Bahasa Melayu dan Bahasa Inggeris dan selain dijual secara berleluasa kini boleh didapati dan dimuat turun secara percuma melalui carian google. Pada muqaddimah buku ini, beliau menjelaskan kaedah penafsiran al Quran yang digunapakai dalam buku ini adalah tafsir bil Ma’thur iaitu tafsir ayat alquran dengan ayat al quran. Walaubagaimanapun beliau menolak al hadith dan asbanunuzul secara total dalam buku ‘AL FATHUN NAWA’ kerana menyifatkan kaedah penafsiran alquran dengan menggunakan hadith atau asbabunnuzul ada kelemahannya. Melalui buku ini, beliau mendakwa telah berjaya memperkenalkan beberapa kaedah baru mentafsirkan ayat- alquran dengan ayat al-quran sehingga mampu melahirkan beberapa teori yang berkaitan bidang biochemistry dan telah diakui kesahihannya oleh pakar dalam bidang ‘natural products’. Hasil daripada kejayaannya menghasilkan teori tersebut, beliau telah mendapat pengiktirafan antarabangsa iaitu ‘Gusi Peace Prize International Filiphina’ pada tahun 2010 dan mendapat gelaran ‘The First al Quranic Scientist
2
http://www.al-azim.com/jmm/index.php/en/perkhidmatan/fatwa-warta/aqidah/72-pengharaman-ilmu-tajalli-hakikat-insanahmad-laksamana-bin-omar.< diakses pada 1 September 2016> 3 Ahmad Laksamana, Al Fathun Nawa, hal 2.
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Of The World’4. Antara Teori tersebut adalah The Nine Stars Halo-N , Teori Nawiah 9x45(1) شNawiah 9x 45(2), Teori Halo-N 9.2 Homolength dan Teori Halo-N H.V.D. Kajian mendapati terdapat beberapa perkara yang meragukan ketika penulis melakukan pentafsiran al quran dengan ayat al-quran dan di antaranya adalah seperti berikut:
PERTAMA: MENOLAK HADITH Pada muqaddimah buku ini, Ahmad Laksamana telah melontarkan pandangan negatif terhadap hadith. Di antara kelemahan asbabunnuzul menurut beliau adalah metode tersebut hanya boleh digunakan pada ayat tertentu sahaja dan tidak mampu menghuraikan hukum sesuatu amalan ibadat serta tidak mampu menghasilkan teori, formula sains dan ekonomi yang boleh diuji kesahihannya. Manakala kelemahan metode hadith menurut Ahmad laksamana adalah dari sudut kesahihan dan keteguhan hadith di mana beliau mempertikaikan kemampuan
al Bukhari, Muslim dan
seumpamanya yang dikatakan usia hidup mereka tidak setimpal dengan logika kemampuan tenaga mereka dalam mengumpul ribuan hadith5. Selain itu beliau turut melontarkan beberapa pandangan negatif terhadap hadith, antara kenyataan beliau: “Perlakuan mengklasifikasikan barang pada konsep memilih dan mengambil barang halal(hadis sahih) yang telah bercampur dengan barang haram(hadis palsu) seumpama nasi yang telah bercampur dengan najis untuk dihidang dan dimakan di wajah”, “sebab itulah tidak pelik kata golongan anti hadis, otak umat islam menjadi lemah…lantaran rohani mereka telah disumbat dengan makanan kerohanian yang telah bercampur dengan kekotoran tetapi diterima sebagai sesuatu yang baik”,” hadis dipandang gagal menjalankan fungsinya sebagai penjelas Alquran”, “hadis gagal menyatukan pendapat dan pandangan berbagai ulama dalam berbagai mazhab”6. Ternyata Pandangan Ahmad Laksamana yang menolak hadith secara total dalam pentafsiran al Quran memiliki persamaan dengan pegangan golongan liberal iaitu menganggap bahawa dasar ajaran islam hanyalah al-quran kerana al Quran sudah lengkap dan sempurna serta tidak percaya/menolak seluruh hadith Nabi s.a.w7. Golongan anti hadith adalah termasuk dalam kategori yang tidak mempercayai hadith Nabi s.a.w sebagai sumber hukum 8.
KEDUA: TIDAK MENEPATI KAEDAH TAFSIR BIL MA’THUR YANG MUKTABAR.
4
Ibid,hal. 10. Ibid, hal.18 6 Ibid,hal 18-19 7 Lihat Ramli Abdul Wahid, Telaah terhadap paham dan Argumen Inkar Sunnah, Pusat Penelitian IAIN-SU, 2007. Soleh Bin Muhammad bin umar al-Dumaiji, mauqif al libraliyyah fi albilad al arabiyyah min muhakkmat addin, (Riyadh:maktabah al Malik Fahd,1422H), 170. 8 Ada tiga jenis kelompok anti hadith. Pertama: kelompok yang menolak hadith rasulullah s.a.w secara keseluruhan. Kedua: Kelompok yang menolak hadith yang tidak disebutkandalam alquran secara tersurat ataupun tersuratatau yang bertentangan dengan akal sihat manusia.Ketiga, kelompok yang hanya menerima hadith mutawatir dan menolak hadith ahad ataupun sahih. Lihat ; Ishak Sulaiman, Liberalisme dalam antihadith di Indonesia dan Malaysia, kertas kerja dibentangkan dalam Seminar Pemikiran Islam,2008,ILIM Bangi. 5
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Dalam hal ini, ternyata Ahmad Laksamana mengabaikan satu sisi penting dalam pentafsiran ayat al-Quran iaitu beliau tidak merujuk dan menggunapakai kaedah pentafsiran yang muktabar sebagaimana yang dilakukan oleh para mufassirin terdahulu. Kajian mendapati bahawa Ahmad Laksamana menolak penghujahan menggunakan hadis nabi dalam semua ayat yang ditafsirkan walaupun ayat tersebut tiada keterangannya yang jelas dalam ayat lain, namun beliau cuba menghubungkaitkan ayat-ayat tersebut dengan ayat-ayat lain yang dirasakan mempunyai kaitan berdasarkan pemahaman dan penilaian logik aqal. Selain itu, beliau tidak mengklasifikasikan ayat tersebut kepada mutasyabihhat atau muhkam, tidak memetik pandangan para sahabat, tabi’ dan tabi’in serta para mufassirin yang terdahulu darinya. Ini sangat jauh berbeza jika dibandingkan dengan kaedah tafsir para mufassirin yang terdahulu. Jika diteliti kaedah tafsir yang digunapakai oleh Imam Qurtubi rahimahullah di dalam kitabnya”al-Jami’ Li ahkam al-quran”,kita akan mendapati bahawa beliau sangat mengambil perhatian dengan pelbagai kaedah pentafsiran seperti merujuk kepada hadis, menyatakan asbab annuzul, qiraat, I’rab dan menyelitkan syair arab. Selain itu, beliau turut memetik pandangan dan kata-kata dari para ulama’ ulama’ dan perawi hadith. 9 Manakala Imam ibn kathir yang tidak disangkal lagi ketajamannya dalam ilmu tafsir, beliau mengetengahkan tafsir math’sur iaitu tafsir ayat al-quran bi al-quran, adakalanya beliau menyatakan ayat-ayat mutasyabihhat, qiraat,dan beliau akan merujuk kepada hadis nabi s.a.w jika tiada ayat yg dapat mentafsirkan sesuatu ayat. Beliau juga turut menceritakan asbab an-nuzul dan kata-kata para tabi’ dan tabi’in. Beliau menerangkan dengan jelas tentang manhajnya didalam kitab tafsir: “Sesungguhnya kaedah terbaik dalam mentafsirkan al quran adalah tafsir ayat dengan ayat, tetapi jika tiada keterangan dari ayat lain maka perlulah merujuk kepada hadis kerana peranan hadis adalah penerang kepada ayat alquran, Dan jika tiada didapati keterangan di dalam hadis, maka rujuklah kepada pendapat sahabat kerana mereka golongan terawal dan lebih memahami al quran dengan ilmu yang benar dan amal yang lebih solih,terutama khulafa’rasyidin…”.10 Kajian mendapati bahawa Ahmad Laksamana yang dikatakan membuat pentafsiran ayat al quran dengan ayat quran tidak memetik pandangan dari mana-mana ahli tafsir,sedangkan hakikatnya setiap individu yang mahu melakukan penafsiran kepada ayat al-quran perlu merujuk kepada ahli tafsir terdahulu yang pakar dalam bidang tersebut. Inilah yang diamalkan oleh seluruh mufassirin, contohnya Ibn Jarir yang merupakan pelopor tafsir al- quran bil math’sur di mana kata—kata beliau turut dinukilkan oleh Ibn Kathir dan lain-lain.Oleh itu seseorang tidak mungkin boleh membuat tafsir al- quran bil math’sur tanpa merujuk kepada ilmu tafsir yang telah dipelopori oleh ulama’terdahulu terutamanya tafsir ibn jarir. Bukan setakat dalam mentafsirkan al- quran bil math’sur perlu berbuat demikian, malah bagi tafsir bil-rai’y juga lebih utama perlu berbuat demikian.11 Isu menentukan kaedah pentafsiran adalah perkara yang sangat penting samaada dalam tafsir bil ra’yi atau tafsir bil math’sur. Oleh kerana itulah para mufasiirin yang terdahulu sangat berhati-hati dalam hal ini sebagaimana yang
Muhammad Bin Ahmad Bin Abi Bakar al-Qurtubi,al-Jami’ Li Ahkam.(.Beirut:Muassasah al-Risalah,2006), .Jilid 1, hal. 6. Ismail bin Umar bin Kathir al-Qursyi al-Damsyiqi,Tafsir Ibn Kathir(. Kaherah:Dar Toyyibah.2002),.Jilid 1, hal.10 11Sulaiman Bin Ibrahim, Manhaj Ibn Kathir Fi Al-Tafsir..(Riyadh: Dar al-Muslim.1999),hal. 113. 9
10
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ditegaskan oleh pengarang kitab al Mizan:” Jika kamu mahu mencari maksud sebenar di dalam semua jenis ilmu hendaklah kamu menggunakan kaedah yang ditetapkan’. Jika diselusuri usaha ulama’ terdahulu dalam memelihara kaedah pentafsiran ayat al-Quran, Ibnu Taimiyyah adalah yang terawal menulis karya yang bertajuk “ Muqaddimah Fi Usul al-Tafsir”. Islam menetapkan bahawa autoriti dalam ilmu pengetahuan adalah sangat penting. Terdapat banyak ayat-ayat al-quran dan hadith yang menuntut agar umat islam menghormati ilmuwan dan berpegang pada disiplin ilmu.Setiap disiplin ilmu ada autoriti masing-masing. Oleh yang demikian, seseorang yang ingin mendalami dan menguasai ilmu perlu merujuk kepada autoriti dan pakar-pakarnya. Pengabaian yang ditunjukkan oleh Ahmad Laksamana dalam merujuk ilmu tafsir daripada pakar yang muktabar adalah cenderung kepada pemikiran liberalisme yang menolak autoriti agama. Golongan islam liberal melihat bahawa outoriti agama hanya akan memberi kesan negatif iaitu religious authoritarianism. Mereka mendakwa bahawa golongan ulama’ akan memonopoli kebenaran dan menghukum pandangan selain daripada pandangan mereka sebagai tidak islami,sesat dan sebagainya.Kekeliruan ini adalah satu salah faham. Apa yang nyata adalah wujudnya autoriti ilmu ini tidak mengisyaratkan wujudnya hierarki dalam islam kerana islam sama sekali tidak meletakkan ulama’ sebagai pemegang kuasa menggantikan Tuhan sepertimana yang yang berlaku dalam tradisi Nasrani dan pemerintahan gereja di zaman Kegelapan. (Dark Age).12 Dalam Islam, kebenaran ijtihad ulama’ tidak mutlak. Konsep yang sangat penting dalam tradisi ilmu islam adalah konsep qawl al al jumhur dan ijma’. Oleh itu, pandangan ulama’ tidak semestinya benar,dan hanya boleh diterima sekiranya terbukti sesuai dengan kehendak shariah dan dipersetujui kebenarannya. Penolakan terhadap agama akan memberi ruang yang luas kepada golongan islam Liberal untuk berijtihad dengan bebas. Lantaran itu, golongan liberal melihat perlunya menggunakan pendekatan hermeniutik sebagai kaedah tafsir al quran memandangkan metode yang sedia ada tidak relevan lagi pada zaman moden ini. 13 Dalam wacana Islam Liberal penekanan banyak diberikan kepada kebebasan pendapat oleh mana-mana individu tentang apapun permasalahan agama. Pendekatan yang digunakan adalah relativisme iaitu dengan mengatakan bahawa kebenaran adalah relatif dan tidak boleh didakwa oleh mana-mana pihak. Hal ini telah ditegaskan oleh Nasir Abu Zayid iaitu salah seorang tokoh liberal:” al-Quran perlu bebas dari kawalan bahasa dan masa dan sentiasa diperbaharui mengikut peredaran zaman”..14 Kenyataan tersebut disokong oleh Ali Harbi yang melontarkan pandangan tentang al quran:”Setiap orang berhak meneroka bahasa al quran dan menguji kefahamannya terhadap makna al quran mengikut pandangan dan kaedah mereka sendiri.”..15
12
Khalif Muammar, Tanggapan Kritis Terhadap Wacana Islam Liberal,( Bangi:Universiti Kebangsaan Malaysia, 2009),hal. 43. Khalif Muammar, Tanggapan Kritis Terhadap Wacana Islam Liberal,( Bangi:Universiti Kebangsaan Malaysia, 2009),hal.44. 14Solih Bin Muhammad Bin Umar, Ibid, hal.339. 15Ali Harbi, Naqd Nas,hal 80 13
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Tidak cukup menganggap bahawa pentafsiran al quran itu bersifat relatif, malah lebih dari itu,mereka menjadikan makna relatif Al-Quran dan keterbukaan kepada semua makna sebagai mukjizat al quran yang paling agung dan sesiapa yang tidak berpegang dengan pandangan ini adalah dikalangan orang yang jahil. Menurut Muhammad Syahrur:” Di sinilah terletak mukjizat terbesar al-Quran iaitu perdebatan antara relatif dan mutlak ...”16 .Ini dijelaskan lagi oleh Ali Harbi:” Bukanlah satu mukjizat bagi al quran jika ia hanya mencakupi hal-hal pensyariatan, tetapi terserlah mukjizat alquran itu kerana sifat keterbukaan kepada semua makna sehingga boleh dilihat dan dibaca oleh setiap individu dari latar belakang agama yang berbeza”17. Pendapat-pendapat tersebut hakikatnya memperlihatkan matlamat mereka( golongan liberal) yang membawa kepada pahaman pluralisme agama iaitu suatu paham yang mengajar bahawa semua agama adalah sama kerana kebenaran setiap agama adalah relatif; 18 oleh sebab itu, setiap pemeluk agama tidak boleh mendakwa bahawa hanya agamanya saja yang benar sedangkan agama yang lain salah.
KETIGA: MENDAKWA BERJAYA MEMBINA BEBERAPA KAEDAH BARU MENTAFSIRKAN AYAT ALQURAN BIL QURAN,ANTARANYA:
1) kaedah berdasarkan ilmu mantiq-tajwid di peringkat iqraul quran-terutama pada sifat mad dan wakaf seperti berikut: Jika mahu membuktikan dalil/ayat bagi sesuatu isu, maka petik ayat dari awal ayat bernombor (xx) sehingga akhir ayat bernombor(xxx). Contoh: Jika mahu membuktikan bahwa alquran adalah ummul kitab, petik ayat dari surah 43:surah azzuhruf bermula dari awal ayat bernombor (3) hingga hujung ayat nombor (4) atau Jika mahu membuktikan ayat bagi sesuatu isu, maka petik pangkal ayat yang bertanda mad( samaada bertanda huruf طmad tabi’ atau huruf ج mad jais) hingga akhir ayat yang bernombor (xx)atau sebaliknya. Contoh: Jika mahu membuktikan isu tentang betapa mustahaknya sesuatu kisah sebagai ibrah kepada manusia, maka petik pangkal ayat 111 surah yusof yang bertanda nombor ayat (111) hingga hujung ayat yg bertanda thaa. Menurut ahmad Laksamana,para pembaca akan mendapat manfaat dan faedah daripada kaedah yang beliau perkenalkan ini iaitu memahami ilmu tajwid di peringkat (Iqra‟ Quwwatal Quraan)- Membaca bagi menzahirkan kekuatan hikmah Al Quran iaitu Satu ilmu yang memberi penekanan tentang cara mengolah nada suara bacaan ayatayat Al Quran mengikut tujuan kegunaannya agar kemujarabannya terzahir dari hikmah kekuatan Al Quran . Misalnya ayat-ayat Quran yang hendak dijadikan ubat atau penawar satu-satu penyakit. Bacaannya hendaklah dibaca dengan nada tertentu, sebaliknya ayat-ayat Al Quran yang hendak digunakan sebagai ayat pelindung,maka ianya hendaklah dibaca dengan nada suara yang tersendiri berdasar kaedah-kaedah yang ditetapkan. Jika tidak dilakukan demikian,maka kemujarabannya tidak menjadi. Oleh itu beliau menyarankan agar merujuk hal ini dan bertanya kepada mursyid yang lebih mengetahui rahsianya
19
. Ternyata Dakwaan Ahmad Laksamana tentang kaitan nada
16
Muhammad Shahrur. Al Kitab wa al Quran,hal 107. Harbi, Naqd Nas,hal. 87. 18 Solih Bin Muhammad Bin Uma, Ibid, hal. 10. 19 Ahmad Laksamana, Tadabbarul Quran Tartilla, hal. 28. 17Ali
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bacaan tertentu pada ayat alquran dan kemujarabannya adalah satu pembohongan nyata yang bertentangan dengan ajaran islam kerana Islam melarang seseorang mengada-adakan sesuatu dalam pekerjaan,perbuatan ataupun dalam perkataan yang bertujuan untuk menarik kepercayaan orang lain tanpa asas sebenar sedangkan sesuatu perkara yang diada-adakan itu cuma rekaan semata-mata. Hakikatnya tidak ada amalan dalam islam yang menganjurkan cara membaca ayat al quran dengan nada tertentu berdasarkan tujuan tertentu malah apa yang perlu dititikberatkan ketika membaca ayat al quran adalah memperhatikan hukum-hukum tajwid & membunyikan huruf sesuai dengan makhrajnya serta membacanya dgn tartil (perlahan-lahan). Allah Subhanahu wa Ta’ala berfirman : “Dan Bacalah AlQur’an itu dgn perlahan-lahan”. (Al-Muzzammil: 4). Di samping itu,disunatkan memanjangkan bacaan & memperindah suara ketika membacanya. Anas bin Malik Radhiallaahu anhu pernah ditanya: Bagaimana bacaan Nabi Shallallaahu alaihi wa Sallam (terhadap Al-Qur’an? Anas menjawab: “Bacaannya panjang (mad), kemudian Nabi membaca “Bismillahirrahmanirrahim” sambil memanjangkan Bismillahi, & memanjangkan bacaan ar-rahmani & memanjangkan bacaan ar-rahim”. (Hadis Riwayat: Al-Bukhari). Dan Nabi Shallallaahu alaihi wa Sallam juga bersabda: “Hiasilah suara kalian dgn Al-Qur’an”. (Hadis Riwayat: Abu Daud, & dishahih-kan oleh Al-Albani). Kesimpulannya, perbuatan mengada-adakan sesuatu dalam pekerjaan,perbuatan ataupun dalam perkataan yang bertujuan untuk menarik kepercayaan orang lain tanpa asas sebenar adalah melampaui batas agama, sebagaimana yang dinyatakan di dalam firman Allah s.w.t di dalam surah Saad:86:
ِّ ِّ ِّ ِّ ِّ قشلشماشفيسأيلكم ْيش ءي ء ء ي يجر يشويماشفي يَّنشم ينشالءمتي يكلف ي شعليءيهشم ءنشف ء Maksudnya: “Katakanlah (hai Muhammad):'Aku tidak meminta upah sedikitpun kepada mu atas dakwah ku,dan bukanlah aku termasuk orang yang mengada-adakan(sesuatu yang hakikatnya tidak ada)” Begitu juga Diriwayatkan dari Umar bin al-Khaththab Radhiyallahu anhu ia berkata, “Kami dilarang bersikap takalluf20 (memaksa-maksa diri)21.
20
Salah satu istilah untuk sikap berlebih-lebihan dalam agama. Istilah lain adalah ghuluw(melampau batas). Ghuluw dalam agama itu sendiri adalah sikap dan perbuatan berlebih-lebihan melampaui apa yang dikehendaki oleh syariat, baik berupa keyakinan maupun perbuatan. Dalam hadits yang diriwayatkan dari `Abdullah bin Abbâs Radhiyallahu anhu, dia berkata: “Pada pagi hari di Jumratul Aqabah ketika itu Rasulullah Shallallahu ‘alaihi wa sallam berada di atas kendaraan, beliau berkata kepadaku: “Ambillah beberapa buah batu untukku!” Maka aku pun mengambil tujuh buah batu untuk beliau yang akan digunakan melontar jumrah. Kemudian beliau berkata:
ِّ ال ِّ ينشفي ِِّنَّهشفيهليكشمنش يكا ينشقيب ليكمشالءغل ُّو ِّشِف ِّ الشَّيشفيي ُّهاشالنَّاسششإ ِّ ََّّيكمشوالءغل َّو ِّشِف ِّ شالد ِّ شالد ينش َو ءمثي ي ي ء شهؤالي ٍشفي ءارم ءواشُثَّشقي ي ي ي ء ي يء ءي “Lemparlah dengan batu seperti ini!” kemudian beliau melanjutkan:“Wahai sekalian manusia, jauhilah sikap ghuluw (melampaui batas) dalam agama. Sesungguhnya perkara yang membinasakan umat sebelum kalian adalah sikap ghuluw mereka dalam agama.( Hadits shahîh, diriwayatkan oleh an-Nasâ’i (5/268), Ibnu Mâjah (3029) dan Ahmad (I/215). 21 Ahmad Bin Ali Bin Hajar al-Asqalani.Fathul Bâri Syarh Sohih Bukhari. (Kaherah: Dar al-Hadith. 1980). Jilid 13.m/s 263265.
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2)Selain itu, Ahmad Laksamana juga mendakwa berjaya memperkenalkan kaedah Ta’wil almaa’ni iaitu teori yang digunakan untuk mengumpulkan ayat-ayat quran yang membincangkan sesuatu topik atau isu yang sama. Teori ini memperkenalkan istilah baru seperti kalimah almulk, kalimah alkhitob dan kalimah al-takluk’. ‘Kalimah altakluk’ terdiri daripada : ْتلك، ْذلك، ْكذلك، َْلئك الذي، َْلئك لهم، َْلئك، ذلك، قد. Langkah pertama adalah mencari ayat yang mengandungi kalimah altakluk, antaranya di dalam ayat 111,surah Yusof : َصدِيقَ الَّذِي بَ ْينَ يَ َد ْي ِه َوت َ ْف ِصي َل ُك ِل ش َْيءٍ َو ُهدًى َو َرحْ َمةً لِقَ ْو ٍم يُؤْ مِ نُون ْ َ ب ۗ َما كَانَ َحدِيثًا يُ ْفت ََر ٰى َو ٰلَكِن ت ِ لَقَ ْد كَانَ فِي قَص ِ َص ِه ْم ِعب َْرةٌ ِّلُولِي ْاّل َ ْلبَا Berdasarkan ayat tersebut, Ahmad Laksamana mendakwa bahawa ‘kalimah altakluk’ adalah ) (لقدmanakala firman Allah s.w.t )ب ص نهم عنب وٍة نهألْلني األول وبا ن ص ن ( َني قو وadalah ‘kalimah maudu’.Manakala terdapat enam ‘kalimah khitob’ iaitu: .22) ْ(لهقووم رؤمن زونو صْ و َّ ك هن َّ شويء) ْ (ِداى) ْ( وْ وِح ومةا) ن ( وما وكانو وحدنرثاا رفت ووٍ ٰى) ْ ( وْ ٰلوكنِ ت وصدنرق الهذني ِوِْو رودورُن) ْ (ْ"وت وف ن Kemudian beliau mengemukakan beberapa ayat lain yang menguatkan hujah perbincangan dalam ayat yang termasuk dalam kategori ‘kalimah khitob’. Contohnya, ayat yang
mengandungi perbincangan yang berkait rapat dengan
‘kalimah khitob’ ) ( وما وكانو وحدنرثاا رفت ووٍ ٰىiaitu kisah-kisah benar yang boleh dijadikan pengajaran adalah ayat 34 surah annur:
ِّ ِّ ِّ ِّ ِّ ِّ َّ ِّ ِّ ولييق ءدشف ي ِّ ُّ شآَّيت ْيش شخلي ءواشمنشقي ءبلك ءم يشويم ءوعظيةًشل ءلمتَّق ي ين ي ينزلءنياشإليءيك ءم ي ي شمبي ينياتش يويمثيًاشم ينشالذ ي Dan ayat 132-133 surah al Baqaroh yang menceritakan kisah benar yang boleh dijadikan teladan baik tetapi beliau tidak menerangkan lebih lanjut kandungan ayat tersebut:
ِّ ِّ ِّ ِّ ِّ ِّ َّ وو (ف ءيمشكنت ءمشَ يه يدا ٍيش132 )مشم ءسل ِّمو يشن ينشفي ياشيُتوت َّنشإ َِّّال يشوفينت ُّش َّ ِنشإ ِّ َّن َّ ِّ شَّيشبي شاَّللي ء صىششّبياشإبء يراهيمشبينيه يشويي ءعقوب ي يي شاصطييفىشليكمشالد ي ِّ ِّ ِّ ِّ ِّ ِّ كشوإ ِّليهشآِبئ ِّ ي ِّ ِّ ِّ إ ِّ ءذشيضرشي عقوبشالءموتشإ ِّ ءذشقي ي ِّ اقشإ ِّ يَلًاش يل يشوإ ِّ ءس يح ي الشلبينيه يشماشتي ءعبدو ينشمنشبي ءعديشقيالواشنشي ءعبدشإ يَلي ي ي ي ي ي يي ي ء ي ي ء كشإبء يراه ييم يشوإ ءَسياع ي ِّ ِّ ِّ ضشوجعلشفيهليه ِّ ضع ِّفشطيائ ِّيفةً ِّشمءن ه ءمشي يذب ِّحششفيبءنيا ٍيه ءمش شع يا ِّشِف ء اشَيي ًعاشيي ءستي ء )شإ ِّ َّنشف ءر يع ءو ين ي133اشويءَننشليهشم ءسلمو ينش(ش شاأل ءير ِّ ي ي ي ي ء ي يواي ًد ي )134(ينش يويي ءسشتي ءحي ِّْشن ِّ يسا ٍيه ءمشۚشإ ِّنَّهش يكا ين ِّشم ينشالءم ءف ِّس ِّد يش Dan ayat 4 surah alqasas yang menceritakan kisah benar yang tidak patut diikuti jejaknya tanpa diterangkan dengan lebih lanjut isi kandungan ayat tersebut:
22
Ahmad Laksamana. Tadabbarul Quran Tartilla . hal. 59-68
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ِّ ِّ ض شوجعل شفيهليه حي ِّْشن ِّ يسا ٍيه ءمشۚشإ ِّنَّهش يكا ين ِّشم ينش ضع ِّف شطيائ ِّيفةً ِّشمءن ه ءم شي يذب ِّح شفيبءنيا ٍيه ءم يشويي ءستي ءش شع يا ِّشِف ء اشَيي ًعاشيي ءستي ء إ ِّ َّن شف ءر يع ءو ين ي شاأل ءير ِّ ي ي ي ي ء ي ِّ ِّ ينش الءم ءفسد ي Contoh ayat lain adalah seperti ayat 5 surah al-baqarah:
ِّ ِّ َّ ىشم ِّ كشعليىشه ًد ِّ كشهمشالءم ءفل ِّحو ينش ۖشوفوليشئ ِّ ي َُوليئ ي ي نشرّب ءمش ي Menurut Ahmad Laksamana, kalimah takluk dalam ayat ini adalah َْ ٰلوئنكو. Kalimah maudu’ pula terletak selepas kalimah takluk iaitu علو ٰى ِداى نهمِ هِِهن نهم ۖ وَْْ ٰلوئنكو ِم المفلنْونو و, manakala kalimah khitob terletak dalam ayat sebelum iaitu ayat 2-4 iaitu:
ِّ َّ بشوي ِّقيمون ِّ َّ ِّ ِّ يذل ِّ ي ِّ ِّ ِّ (الَّ ِّذ2)ْي ينش بشۛشف ِّ ِّيهشۛشه ًدىشل ِّءلمت َِّّق يش ي شالص يا ية يشوِم ي ينشي ءؤمنو ينشِبلءغيءي ي ( يوالذ ي3 )َّاشريزقء نياه ءمشينفقو يشن ي كشالءكتياب يشال يشريء ي ِّ ك يشو ِِّبءآل ِّخير ِّةشه ءمشيوق ِّنون ك يشويماشف ِّنزيل ِّشمنشقي ءبل ي ي ءؤ ِّمنو ين ِّشِبياشف ِّنزيلشإ ِّليءي ي Kemudian beliau memetik ayat-ayat lain yang mempunyai kaitan dalam pokok perbincangan dengan kalimah khitab iaitu tentang alQuran adalah sebuah kitab yang tidak perlu diragui. Antara ayat-ayat tersebut adalah surah as-sajdah ayat 2, surah alzukhruf ayat 4, surah al-takwir ayat 81.
3)Selain itu, beliau mendakwa berjaya memperkenalkan kaedah tafsir nab’ul furqan untuk tujuan menghasilkan beberapa teori dalam pelbagai bidang ilmu samaada dalam bidang pendidikan,kemasyarakatan atau sains. Langkah pertama dalam teori ini adalah memilih satu ayat dan keluarkan tiga isi penting darinya. Langkah kedua adalah membina atau mengemukakan penerangan dari ketiga-tiga isi penting tersebut. Langkah ketiga adalah membina rangka teori dan menguji kesahihan teori tersebut. Melalui kaedah tafsir nab’ul furqan ini, beliau mendakwa berjaya menghasilkan teori dalam bidang natural products iaitu (Nine Stars Halo-N) yang dikatakan telah disahkan oleh pakar dalam bidang natural product iaitu Dr. Abdul Hamid Abdul Hadi. Bagi menghasilkan teori (Nine Stars Halo-N), beliau bersandar kepada ayat 15-17 surah Nuh:
ِ ٍ ِ شم ِ ف َخلَ َق ه )16( اجا َ ﴿أَ ََلْ تَ َرْوا َك ْي ً س س َر ً ُ) َو َج َع َل الْ َق َم َر في ِه هن ن15( اَّللُ َس ْب َع ََسََوات طبَاقًا َ ْ ورا َو َج َع َل ال ه ِ اَّللُ أَنْبَ تَ ُك ْم ِم َن ْاْل َْر َو ه )17( ض نَبَ ًاًت
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Berdasarkan ayat ini, Ahmad Laksamana mentakwilkan firman Allah )
ِّ شَساوات شطبياقًا ي (سءب يع يي ي
iaitu tujuh
benda(berbentuk bintang) yang bertingkat yang terletak menegak atau melintang , manakala fenomena kedudukan bintang dan cahaya dari bulan dan matahari dikaitkan dengan kewujudan tumbuhan di bumi melalui ayat
َو ه اَّللُ أَنْبَ تَ ُك ْم
ِ ِم َن ْاْل َْر. Berdasarkan ayat ini, beliau mendakwa adanya hubungan antara kedudukan bintang di langit dengan ض نَبَ ًاًت karbon( mass compound carbon) iaitu satu sebatian yang terdapat dalam tumbuhan dan pelbagai hidupan muka bumi 23. Kemudian beliau memetik ayat al Quran lain yang dirasakan berkaitan dengan topik perbincangan untuk menjelaskan lebih lanjut tentang maksud yang dikehendaki oleh ayat )
ِّ شَساوات شطبياقًا ( يسءب يع يي ي
iaitu:
ِ ِ ٍ ِ ِ ٍ )3( ص َر َه ْل تَ َرى ِم ْن فُُُوٍر َ َ﴿الهذي َخلَ َق َس ْب َع ََسََوات طبَاقًا َما تَ َرى ِِف َخل ِْق ال هر ْْحَ ِن م ْن تَ َف ُاوت فَ ْارج ِع الْب ِ ك الْبصر َخ ِ ِ َ َالدنْيَا ِِب ِ ْ ِْي يَ ْن َقل ِ ْ َصر َك هرت ُّ اء اها ) َولََق ْد َزيهنها ال ه4( ٌاسئًا َو ُه َو َح ِسري َ َيح َو َج َعلْن َ صاب َ س َم ُ َ َ َ ب إلَْي َ َ َُثُه ْارج ِع الْب ِ شي ِ رج ِ اط )5( س ِع ِري اب ال ه َ ْي َوأَ ْعتَ ْد ََن ََلُ ْم َع َذ َ وما لل ه ً ُُ Berdasarkan ayat tersebut, Ahmad Laksamana mendakwa bahawa firman Allah s.w.t ) سب وع وس وم ووات طن بوا اقا ( وadalah merujuk kepada tujuh benda berbentuk bintang yang berada dalam kedudukan melintang manakala dua benda lain adalah bulan dan matahari yang berada dalam kedudukan menegak. Kemudian beliau mentakwilkan firman Allah s.w.t (ِْو اما لنل هsebagai ubat atau rawatan24. )ِْ شْواطن ن Lebih dari itu, beliau mendakwa berjaya melahirkan teori Nine Stars Halo-N iaitu dengan cara menjumlahkan nombor (7+2=9) yang didapati daripada ayat
ِ ٍ س ْبع ََسَوdan ayat شمس ِسراجا ات ِطبَاقًا ً َ َ ْ ورا َو َج َع َل ال ه ً ُو َج َع َل الْ َق َم َر في ِه هن ن. َ َ َ َ
Untuk menguatkan lagi hujahnya tentang Teori Nine Stars Halo-N, beliau mendakwa teori tersebut adalah juga hasil daripada pemerhatian terhadap ayat 12,surah al-Naml:
ٍ ضاء ِمن غَ ِري س ٍ وء ۖ ِِف تِس ِع آَي ت إِ َ َٰل فِ ْر َع ْو َن َوقَ ْوِم ِه ۚ إِ هَّنُ ْم َكانُوا َ ِ﴿ َوأَ ْد ِخ ْل يَ َد َك ِِف َج ْيب ُ ْ ْ َ َ ك ََتْ ُر ْج بَ ْي َ ْ ِِ )ْي َ قَ ْوًما فَاسق
23 24
Ahmad Laksamana. al-FathunNawa.Hal. 1104. Ahmad Laksamana. Tadabbarul Qurana Tartilla. Hal. 132.
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Berdasarkan ayat(
ِّ ضش كي شجءيب ِّ ي شَتءر ءجشبيءي ي ( يوف ءيدخ ءلشيي يد يكش ِِّف يbeliau mentakwilkan ayat tersebut dengan maksud: ( "وفدخلش: ا ٍي
ِّ ")يدكشِفشجيبكشفيأيتشالعاجشاليتشمنشَ أِناشعاجششاألمراض, kemudian beliau mentakwilkan ayat شآَّيت ش)ش (ت ءس ِّع ي yang terkandung dalam ayat
ِّ ِّ )شآَّيتشإ ِّ يَلشف ِّءر يع ءو ين يشوقي ءو ِّم ِّه (شِفشت ءس ِّع ي
kepada maksud
تسعةشمعاْلة25 .Hasil daripada
pentakwilan ayat tersebut maka lahirlah teori Teori Nine Stars Halo-N, yang dikatakan telah disahkan oleh pakar dalm bidang’ natural science ‘ di Malaysia.Beliau juga telah mendapat pengiktirafan antarabangsa sehingga mendapat gelaran ‘ The first al Quranic scientist Of The World’. Jika diperhatikan pentakwilan beliau terhadap ayat tersebut,ia hanya berdasarkan fikiran atau logik akal semata-mata tanpa sandaran yang jelas dan kukuh.Walaupun teori natural science itu telah diuji kesahihannya oleh Profesor A.Hamid A. Hadi tetapi cara Ahmad Laksamana mengaitkan setiap teori dengan ayat Quran amat janggal kerana ayat Quran berkenaan hanya bersifat umum, seolah-olah beliau mempunyai kelebihan makrifat yang tinggi mentafsir ayat Quran dengan pendapat sendiri, manakala pandangan ulama tafsir yang muktabar tidak dirujuk langsung. Hal seperti seperti inilah yang amat ditegah dalam islam, sebagaimana yang ditegaskan dalam sebuah hadith:
ِّ ِّ ومنشقي ي ِّ آنشب ِّرفءي ِّ ِّهشفي ءليي تي بي َّوفء يشم ءق يع يده ِّشمنشالن َّارش يي ء ي الشِفشالءق ءر ي “Barangsiapa berkata tentang Al Qur’an dengan logikanya (semata), maka silakan ia mengambil tempat duduknya di neraka” (HR. Tirmidzi)26 no. 2951. Tirmidzi mengatakan bahwa hadits ini hasan. Al Hafizh Abu Thohir mengatakan bahwa sanad hadits ini dho’if).
Walaupun Islam meletakkan keharusan mentafsir al-Quran menggunakan fikiran, namun penggunaan fikiran tidak tidak seharusnya dilakukan kecuali orang-orang yang mempunyai ilmu dan syarat-syarat yang yang perlu ada pada seorang pentafsir iaitu memiliki ilmu-ilmu sebagai pentafsir al-Quran yang mencakupi ilmu Bahasa Arab, Ilmu Nahu, Ilmu Saraf, Ilmu Qiraat, Ilmu Balaghah, Ilmu Usuluddin, Ilmu Usul al-Fiqh, Ilmu al-Quran, Ilmu Nasikh dan Mansukh, Ilmu Hadith dan Sunnah, Ilmu Ilmu asbab an-Nuzul, Ilmu al-Mauhibah27. Kajian mendapati Ahmad Laksamana gagal memenuhi kriteria seorang pentafsir al Quran sebagaimana yang telah digariskan oleh ulama’ berdasarkan latar belakang pendidikan agama beliau yang tidak jelas. Keadaan ini sangat bahaya kerana boleh meletakkan buku tafsir ini di dalam kategori tafsir mazmum iaitu tafsiran yang dibuat oleh seseorang yang tidak mempunyai ilmu-ilmu yang diperlukan oleh seorang pentafsir; tafsiran mengikut hawa nafsu atau tafsiran bertujuan
25
Ahmad Laksamana. al FathunNawa.Hal 1106. Hadith riwayat Tirmidzi mengatakan bahwa hadits ini hasan. Al Hafizh Abu Thohir mengatakan bahwa sanad hadits ini dho’if). 27 Al-Suyuti, al-itqon fi Ulum al-Quran,(Cairo: Matba’ah al Mashdad al Husaini), Jilid 4,hal.188 26
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menyokong suatu ideologi palsu; atau mentafsir ayat-ayat mutasyabihah yang Hanya Allah yang Mengetahui maksudnya28.
Kesimpulan Secara keseluruhannya, pemikiran Ahmad Laksamana dalam pentafsiran ayat alquran melalui karyanya :”al-Fathun Nawa” cenderung kepada asas pemikiran liberal iaitu al-hurriyyah alfardiyyah(kebebasan individu) dan al ‘aqliah( kebergantungan kepada aqal fikiran semata-mata).Penolakannya terhadap hadith sebagai penerang kepada ayat al quran yang tiada keterangan dalam ayat lain turut meletakkan dirinya dalam bahaya fahaman liberal. Pengabaiannya terhadap kaedah tafsir bil ma’thur yang muktabar ini juga secara tidak langsung menunjukkan beliau menolak autoriti agama.Walaupun beliau cuba untuk mengelak dari terjebak dengan tafsir hermeneutik, namun pada dasarnya jelas sekali beliau telah terpengaruh dengan pahaman liberal yang semakin luas pengaruhnya dalam dunia Islam yang mencakupi ciri-ciri berikut29: 1) Mengakui bahawa asas untuk memahami islam hanya al quran al-karim dan menolak hadith. 2) Pergantungan dalam memahami Al-Quran pada teks Al-Quran sahaja di samping pengetahuan dan pengalaman sendiri pada setiap masa. 3) Menyeru kepada kebebasan ijtihad dalam pelbagai bidang dan menyeru kepada pentafsiran al quran karim serta istinbat hukum berdasarkan akal,pengalaman dan eksperimen. 4) Menyeru kepada hermeneutik. 5) Mengiktiraf bahawa pembaharuan agama adalah satu pembangunan agama yang meliputi aspek aqidah,ibadah dan muamalah. Oleh itu hukum perlu berubah mengikut peredaran masa dan zaman. RUJUKAN 1. 2. 3. 4. 5. 6. 1. 2. 3. 4. 5. 6. 7. 28 29
Ahmad Laksamana. Al Fathun Nawa.(Selangor: Hafizul Publication,2011) Ahmad Laksamana. Tadabbarul Quran Tartilla.(Selangor: Hafizul Publication,2015) Ahmad Bin Ali Bin Hajar al-Asqalani.Fathul Bâri Syarh Sohih Bukhari. (Kaherah: Dar al-Hadith. 1980). Al-Suyuti. al-itqon fi Ulum al-Quran.(Cairo: Matba’ah al Mashdad al Husaini) Muhammad Abu Syuhbah. al-Israilliyat wa almauduat fi kutub al-tafsir.(Cairo: Maktabah al Sunnah,1980) Soleh Bin Muhammad bin umar al-Dumaiji. mauqif al libraliyyah fi albilad al arabiyyah min muhakkmat addin. (Riyadh:maktabah al Malik Fahd,1422H), Ishak Sulaiman. Liberalisme dalam antihadith di Indonesia dan Malaysia. kertas kerja dibentangkan dalam Seminar Pemikiran Islam.2008, ILIM Bangi. Muhammad Bin Ahmad Bin Abi Bakar al-Qurtubi. al-Jami’ Li Ahkam.(.Beirut:Muassasah al-Risalah,2006 Ismail bin Umar bin Kathir al-Qursyi al-Damsyiqi.Tafsir Ibn Kathir.(. Kaherah:Dar Toyyibah.2002) Sulaiman Bin Ibrahim. Manhaj Ibn Kathir Fi Al-Tafsir.(Riyadh: Dar al-Muslim.1999) Khalif Muammar. Tanggapan Kritis Terhadap Wacana Islam Liberal.( Bangi:Universiti Kebangsaan Malaysia, 2009) Ali Harbi. Naqd Nas.( Beirut: Dar al-thaqofah,2005). Muhammad Shahrur. Al Kitab wa al Quran qiraah muassarah.( Damsyiq: al ahali liltauzi’ wa al-Tibaah,
Muhammad Abu Syuhbah, al-Israilliyat wa almauduat fi kutub al-tafsir,(Cairo: Maktabah al Sunnah,1980),hal 81. Solih Bin Muhammad Bin Umar,Ibid,hal 104.
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8. 9.
http://ww1.utusan.com.my/utusan/Dalam_Negeri/20140611/dn_51/KDN-warta-perintah-larangan-penerbitan-terhadapdua-buku#ixzz4IyFxQ4VA. < diakses pada 1 september 2016> http://www.al-azim.com/jmm/index.php/en/perkhidmatan/fatwa-warta/aqidah/72-pengharaman-ilmu-tajalli-hakikatinsan-ahmad-laksamana-bin-omar.< diakses pada 1 September 2016>
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KIYAI MUHAMMAD ALI QARIBUN : PERANAN DAN SUMBANGAN BELIAU KEPADA PERKEMBANGAN PENDIDIKAN ISLAM DI SELANGOR SEBELUM MERDEKA (1900-1957) Aisyah Ab Rahim1, Mohd Roslan Mohd Nor Abstrak Kertas kerja ini membincangkan tentang peranan dan sumbangan seorang tokoh ulama yang bernama Kiyai Muhammad Ali Qaribun. Beliau merupakan seorang ulama berketurunan Jawa yang termasyhur dan dikenali ramai dengan ketokohan dan kewibawaan yang tinggi serta sangat alim di Sijangkang, Selangor. Beliau banyak memberikan sumbangan dalam perkembangan pendidikan Islam di Selangor sebelum kemerdekaan Tanah Melayu. Antaranya, beliau telah mendirikan institusi pondok yang terawal untuk orang Melayu sebelum adanya institusi moden di Selangor iaitu Pondok Kiyai Ali atau Pondok Sijangkang. Pondok tersebut sangat terkenal pada waktu itu dan menjadi ikutan serta contoh kepada tokoh-tokoh ulama yang lain dalam memperkembangkan institusi pondok di Selangor. Kajian ini akan dimulakan dengan pengenalan kepada biodata tokoh secara ringkas iaitu merangkumi latar belakang, perkahwinan, keturunan, pendidikan dan sebagainya. Seterusnya, kajian ini akan menerangkan mengenai peranan dan sumbangan yang diberikan dalam perkembangan pendidikan Islam di Selangor. Keseluruhannya, kajian ini menggunakan kajian perpustakaan dengan meneliti rekod dan bahan dokumentasi serta temu bual. Kajian ini diharapkan dapat memberi pendedahan kepada umat Islam tentang ketokohan ulama di Selangor dan dapat memberi gambaran tentang kewibawaan dan kredibiliti peribadi seorang ulama terdahulu yang boleh dijadikan teladan dan ikhtibar.
Pendahuluan Berbanding dengan kerajaan-kerajaan lama di Tanah Melayu seperti Kesultanan Melayu Melaka, Kerajaan Pahang, Terengganu dan Kedah, negeri Selangor merupakan sebuah kerajaan baru di Tanah Melayu. Mengikut sejarah, ibu negeri Selangor pada zaman dahulu terletak di mana Yang Dipertuan Negeri bersemayam bersama-sama rakyat dan orang-orang besarnya. Dari Sungai Selangor, kerajaan ini telah berkembang meliputi lima (5) buah sungai yang besar dan disatukan atas dasar melantik ‘Orang Besar’ di setiap jajahan yang patuh kepada Sultan. Dengan penyatuan itu maka wujudlah negeri Selangor dan jajahan takluknya (merujuk kepada Sungai Bernam, Sungai Selangor, Sungai Kelang, Sungai Langat, Jugra).2
1
Jabatan Sejarah dan Tamadun Islam, Akademi Pengajian Islam, Universiti Malaya, Kuala Lumpur.
[email protected] 2 J.M. Gullick, Sistem Politik Bumiputera (Kuala Lumpur, 1970), 149-150.
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Selangor merupakan jajahan takluk Kesultanan Melayu Melaka sejak kurun ke-15 lagi, yang kemudiannya diganti oleh kerajaan Johor selepas tahun 1511 M.3 Pada abad ke-17 dan ke18, orang Bugis telah datang ke rantau ini akibat daripada berlakunya peperangan dengan Belanda pada 1667M. Orang Bugis telah terlibat secara mendalam dalam pergolakan politik kerajaan Johor pada abad ke-18 dan sebenarnya telah membuka sebuah penempatan di Jeram dan Langat dimana mereka menjalankan perniagaan dengan Melaka. Penempatan ini telah berkembang dan akhirnya seorang anak Raja Bugis (Raja Lumu)4 dilantik menjadi Sultan Selangor yang pertama.5 Pada kurun ke-15M, adalah menjadi suatu kebiasaan bagi sesebuah negeri jajahan dan naungan itu menganut agama yang dianuti oleh pemerintahnya. Ini kerana agama Islam pada waktu itu telah diakui sebagai suatu tenaga politik dan ekonomi yang amat berpengaruh. Para pemimpin memerlukan sekutu dan sokongan politik dan ekonomi bagi menjamin kelangsungan kuasa.6 Manakala rakyat pula mengikut anutan raja-raja mereka sebagai menunjukan taat setia.7 Oleh itu, masyarakat Melayu di Selangor menganut agama Islam sebagaimana agama
3
Zakiah Hanum, Asal-usul Negeri-negeri di Malaysia : Negeri Selangor (Petaling Jaya : Times Books International, 1989), 74-75. 4 Perlantikan Raja Bugis, walaupun pada dasarnya terdapat satu pendapat yang sama tetapi mempunyai perbezaan tentang orang yang sebenarnya bertanggungjawab dalam perlantikan itu menurut : i.Sahabuddin Ahmad, dalam catatan tanpa cetak,”Perlantikan Raja Lumu sebagai Sultan Selangor I adalah diperkenankan oleh satu kumpulan masyarakat Melayu dibawah ketuaan Datuk Ungku Naga Mengelor yang diakui oleh Sultan Johor sebagai wakilnya, dengan diberi ‘mohor’ pada tahun 1700”. ii.Mohd. Said bin Hj. Mohd Radzi, dalam “Dalam Sejarah Ringkas Daerah Kuala Selangor dan Sabak Bernam”, dalam Tinjauan Sejarah, Jilid I, Mac 1973:”kira-kira t.m. 1756, empat orang-orang besar:Dato’ Aru, Dato’ Penggawa Permatang, Dato’ Jeram dan Orang Kaya Kecil, iaitu pemerintah beberapa tempat yang disebut di atas, dikatakan telah bersepakat menjemput anak Daeng Celak, Raja Lumu diangkat menjadi Yamtuan Selangor”. iii.Barbara Watson Andaya (yang menggunakan sumber Belanda sezaman), Raja Lumu ditabalkan di Kota Lumut, Perak pada 1766M.(“The Installation of the first Sultan of Selangor in 1766M” dalam JMBRAS, vol.XLVII, Pt. 1, 1974). 5 Khoo Kay Kim et al., Selangor Dahulu dan Sekarang (Kuala Lumpur : Persatuan Muzium Malaysia, 1985), 14-15. 6 Auni Abdullah, Islam dalam Sejarah Politik dan Pemerintah Alam Melayu (Kuala Lumpur : Nurin Enterprise, 1991), 16. 7 Muzaffar Dato’ Hj. Muhammad dan Suzana Hj. Othman, Ahlul Bait Rasulullah s.a.w. dan Raja-raja Melayu (Kuala Lumpur : Al-Wasilah Enterprise, 2001), 285.
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pemerintahnya iaitu Kesultanan Melayu Melaka dan tidak mustahil jika Selangor juga berkanunkan Hukum Kanun Melaka sebagai undang-undang asas.8 Sejak zaman kegemilangan Kesultanan Melaka lagi nama Klang telah tersohor dalam catatan Sejarah Melayu, malah ia merupakan tempat yang terpenting pada masa itu. Lembah Klang di Selangor menjadi tempat tumpuan para alim ulama dari Tanah Jawa, Sumatera, Fathani dan juga Mekah. Sejak zaman Kesultanan Melayu Selangor yang ditubuhkan oleh Raja Lumu bin Daeng Celak pada tahun 1756 M yang berketurunan Bugis, para ulama telah memainkan peranan yang sangat penting sebagai penasihat agama. Apatah lagi saudara kecil baginda as-Syahid Raja Haji bin Daeng Celak merupakan pahlawan perkasa yang syahid menentang Belanda. 9 Kedatangan para ulama di Selangor diperkirakan bermula pada zaman Sultan Selangor Ke3 iaitu Sultan Mahmud (1826-1857M) sebelum sekolah pondok dan institusi pendidikan moden diwujudkan. Syeikh Abdul Ghani bin Subuh bin Ismail al-Bimawi (Bima) Sumbawa, dari Sumatera merupakan antara ulama terawal yang datang ke Selangor dan dilantik sebagai penasihat agama sekitar tahun 1825M. Dalam kunjungan itu beliau telah mengharamkan pemakaian mahkota leleng yang diperbuat daripada emas yang berasal dari Bugis. Dengan itu segala barang-barang kerajaan zaman almarhum-almarhum terdahulu daripadanya yang diperbuat daripada emas telah dipecahkan.10
8
Nurul Huda binti Mohd. Bisri, Peranan Kesultanan Melayu-Bugis Terhadap Perkembangan Islam di Selangor : Suatu Kajian Sejarah (Disertasi sarjana, Jabatan Sejarah dan Tamadun Islam, Akademi Pengajian Islam, Universiti Malaya, 2003), 5. 9 Ahmad Shukri Ghazali Siraj Uthman al-Kelangi, “Riwayat Hidup Kiyai Haji Muhammad Dahlan Bin Hassan Minhaj : Qadhi, Imam dan Syeikh Tarikah” (makalah,Seminar Tokoh Ulama Selangor,Jabatan Peradaban dan Pemikiran Islam, Akademi Islam, Kolej Universiti Islam Antarabangsa Selangor dan Jabatan Dakwah Islam Selangor, 2008), 91. 10 Ibid.
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Selepas Syeikh Abdul Ghani Bima pulang ke Mekah, jawatan penasihat agama tersebut telah digantikan oleh Syeikh Ja’afar bin Abdullah (1885-1887M) dan seterusnya berpindah kepada Syeikh Ahmad bin Mahyiddin (1888M) sehingga kepada Syeikhul Islam YM Raja Haji Mahmud Zuhdi bin Abdul Rahman al-Fathani (1930-1935M). Beliau dilantik sebagai Syeikhul Islam pada 1935-1952M. Kesemua para ulama pada masa itu berperanan secara aktif di dalam kerajaan negeri Selangor. Walaupun begitu terdapat juga ulama pada waktu itu yang tidak terlibat secara langsung dengan kerajaan atau berjawatan tinggi tetapi mereka tetap aktif dalam perkembangan pendidikan Islam di Selangor.11 Terdapat banyak sekolah-sekolah pondok yang diasaskan oleh ulama-ulama terdahulu antaranya seperti Pondok Syeikh Suhaimi Sungai Udang Klang (1920M), Pondok Kiyai Muhammad Ali Sijangkang (1927M), Pondok Kiyai Darda’ Sungai Pinang Klang (1937M), Pondok Kiyai Khalil bin Abi Ammar al-Jawi, Bukit Naga (1940M), dan banyak lagi. Selain pondok, terdapat juga sekolah-sekolah agama yang ditubuhkan oleh kerajaan negeri Selangor seperti Madrasah Awamiah di Kampung Sepintas, Sabak Bernam (1930M), Sekolah Agama Parit Baru (1933M), Madrasah Marta il Ulum al-Diniah Klang ( sekarang Sekolah Hishamuddin Sungai Bertih Klang ), Madrasah Parit Lima Sungai Besar (1937M) dan sebagainya.12 Kajian mengenai ulama-ulama di Selangor dan sumbangan mereka memerlukan usaha yang cekal dan berterusan. Kekangan rekod dan dokumentasi merupakan sebahagian cabaran dalam memperolehi sesuatu maklumat. Hal ini kerana kurangnya penyelidikan yang mendalam mengenai ulama-ulama di Selangor walaupun terddapat minat dan sokongan daripada pelbagai pihak terhadap penyelidikan seumpama ini. Justeru itu, penulis mengambil peluang untuk
11 12
Ibid. Ibid.
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mengkaji mengenai isu ini supaya dapat dijadikan rujukan oleh masyarakat dan memperkayakan rekod sejarah bagi negeri Selangor. Latar Belakang Tokoh Kajian ini adalah mengenai seorang tokoh ulama berketurunan Jawa yang sangat masyhur dan dikenali ramai di Sijangkang, Selangor. Terkenal dengan ketokohan dan kewibawaan yang tinggi serta sangat alim, beliau telah banyak memberikan sumbangan dalam perkembangan pendidikan Islam di Selangor. Nama sebenar beliau ialah Kiyai Muhammad Ali bin Qaribun bin Suriyan al-Mentarami, berasal dari Bantul, Mataram (Jokjakarta), Indonesia. Beliau dilahirkan pada sekitar tahun 1858M/1279H. Susur galur beliau bertemu dengan Sunan Ampel iaitu salah seorang Wali Songo di Tanah Jawa. Beliau mempunyai sembilan (9) orang adik-beradik yang terdiri daripada lapan (8) orang lelaki dan seorang perempuan.13 Ayah beliau, Qaribun bin Suriyan merupakan individu penting di Karaton Mataram pada sekitar tahun 1800-an. Dikatakan bahawa ayah beliau merupakan pengiring dan pemayung Sultan semasa adat istiadat di Istana Karaton. Makam ayah beliau, Kiyai Qaribun terletak di Bantul, Mataram (Jogjakarta) dan disemadikan beserta kerabatnya. ibu Kiyai Haji Muhammad Ali pula adalah merupakan puteri kepada Sultan Mataram, dan berkahwin dengan ayah beliau (Qaribun) selepas Kiyai Qaribun diangkat menjadi pengiring dan juru payung Sultan.
13
Nama saudara Kiyai Ali mengikut turutan seperti berikut : a. Kiyai Abdul Rahman b. Kiyai Abdul Samad c. Kiyai Mustafa d. Kiyai Muhammad Ali e. Kiyai Abbas (Abdullah Kahfi) f. Kiyai Syafi’i g. Kiyai Tarmizi h. Mbah Ayu
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Pendidikan Kiyai Haji Muhammad Ali mendapat pendidikan awal di Tanah Jawa, Indonesia sekitar 1868-1878M. Tiada rekod mahupun sumber lisan setakat ini mengenai di manakah beliau mendapat pendidikan awal sebelum ke Mekah. Walaubagaimanapun, ketika hayatnya beliau pernah menyebut beberapa buah pondok di Tanah Jawa yang masyhur iaitu Pesantren Termas di daerah Pacitan, Pesantren Lir Boyo Kediri di daerah Mojoroto Kotamaya14, Pesantren Tebuireng di Jombang, Jawa Timur15 dan Pesantren Langitan di Tuban. Kempat-empat pondok ini sentiasa disebut semasa beliau mengajar murid-muridnya di Sijangkang. Menurut pendapat Ahmad Shukri yang merupakan cicit kepada Kiyai Ali, pengasas pondok-pondok di atas adalah sahabat karib kepada Kiyai Ali semasa beliau belajar di Mekah dan di Jawa. Menurut beliau lagi, tempat-tempat itu bukanlah tempat Kiyai Ali menimba ilmu kerana pada tahun 1917 Kiyai Ali telah berada di Tanah Melayu. Tambahan lagi, pondok-pondok di atas didirikan antara tahun 1906 atau 1910, kecuali Pesantren Termas dan Pesantren Langitan Tuban yang dianggap sebagai pondok tertua di Indonesia.16
14
Pondok Pesantren Lirboyo Kediri terletak di daerah Mojoroto Kotamaya, Jawa Timur yang diasaskan oleh Kiyai Soleh seorang ulama dari desa Banjarmelawati pada tahun 1910 dan kemudian diteruskan oleh menantunya al‘Allamah Kiyai Abdul Karim yang berasal dari Magelang, Jawa Tengah. Kemudian diteruskan oleh murid pertama beliau iaitu Kiyai Umar sehingga kini Pondok Pesantren Lirboyo Kediri mempunyai lebih 10 ribu orang termasuk penuntut dari Malaysia. 15 Pondok Pesantren Tebuireng Jombang Jawa Timur diasaskan oleh seorang ulama terkenal iaitu Kiyai Hasyim Ashari (1871-1947) yang telah didaftarkan oleh pemerintah Belanda pada 6hb Febuari 1906. Beliau mendapat pendidikan di Pesantren Wonokoyo (Probolinggo), Pesantren Langitan Tuban, Pesantren Tringgilis, Pesantren Kademangan (Bangalan Madura) dan Pesantren Siwalan Panji (Sidoarjo). Beliau melahirkan ramai ulama, antaranya Kiyai Wahab Abdullah iaitu seorang ulama Nahdatul Ulama, Kiyai Abbas Pendiri Pesantren Buntet, Kiyai As’ad Syamsul ‘Ariffin Pendiri Pesantren Denanyar, Kiyai Bisri Syansuri, Kiyai Abdul Manaf Abdul Karim Pendiri Pesantren Lirboyo, Kiyai Masykur, Kiyai Saifuddin Zuhri iaitu menteri agama Indonesia dan lain-lain. Sehingga tahun 1947 seramai 20 ribu orang ulama merupakan lulusan Pesantren Tebuireng. Kiyai Saifuddin menyebut Pesantren Tebuireng sebagai Kiblat Pesantren Jawa. Lihat Ahmad Shukri Ghazali Siraj Uthman al-Kelangi, “Kiyai Muhammad Ali Qaribun: Pengasas Awal Pondok Di Selangor”, 64. 16 Temubual bersama Ahmad Shukri Ghazali Siraj Uthman al-Kelangi, di Maahad Tahfiz Ghazali Siraj, Klang pada 26hb Setember 2015. Beliau merupakan cicit kepada Kiyai Muhammad Ali Qaribun dan seorang pentafsir dan penterjemah kepada kitab-kitab lama. Beliau juga sangat aktif dalam mengkaji ulama-ulama silam.
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Selain itu, ada juga pendapat yang mengatakan bahawa beliau menuntut ilmu pendidikan di Tanah Jawa dan kemudian ke Mekah selama puluhan tahun dengan menaiki kapal layar sekitar tahun 1880-an. Pendapat ini adalah berdasarkan sumber lisan di mana kebanyakkan masyarakat setempat yang mengenali beliau mengatakan bahawa beliau belajar di Tanah Jawa dan Mekah. Ada juga yang mendakwa bahawa beliau berada di Mekah selama 15 tahun sebagai guru di sana. Adalah diakui bahawa sejarah dan kronologi pendidikan Kiyai Haji Muhammad Ali masih kabur dan memerlukan kajian yang lebih terperinci kerana tiada catatan dan rekod yang lengkap mengenainya. Menurut cicit beliau, Kiyai Ali tidak pandai menulis dan tulisan beliau tidak cantik. Justeru itu, beliau tidak menulis apa-apa kitab atau mengenai biografinya sendiri kerana tidak mahir menulis.17
Sifat, perwatakan dan kemahiran. Kiyai Muhammad Ali Qaribun mempunyai ketinggian fizikal yang sederhana dan tubuh badan yang sedikit gempal. Beliau sentiasa memakai serban dan berjubah serta membawa tongkat. Rutin harian beliau banyak dihabiskan untuk bermujahadah, bertahajud dan berpuasa. Beliau biasanya hanya akan bersahur dan berbuka dengan sekepal nasi putih dan secawan air masak. Setiap hari selepas menunaikan solat, beliau akan bersuluk dan berzikir di sebuah bilik di yang terletak di sebelah rumah beliau. Beliau selalu mengamalkan dan berpesan kepada murid-murid beliau agar membaca ayat Kursi dan Selawat Nariyah sebelum bangun meninggalkan tempat solat. Beliau sentiasa mengamalkan membaca surah As-Sajadah dan Al-Insan pada setiap subuh hari
17
Temubual bersama Ahmad Shukri Ghazali Siraj Uthman al-Kelangi, di Maahad Tahfiz Ghazali Siraj, Klang pada 26hb Setember 2015. Beliau merupakan cicit kepada Kiyai Muhammad Ali Qaribun dan seorang pentafsir dan penterjemah kepada kitab-kitab lama. Beliau juga sangat aktif dalam mengkaji ulama-ulama silam.
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Jumaat. Kemudian beliau akan mengadakan syarahan agama dalam Bahasa Jawa kepada muridmuridnya. Kebanyakkan syarahan beliau adalah berkisar kepada kepentingan menjaga solat dan ibadat serta ikhlas dalam menuntut ilmu dan beramal. Setiap hari menjelang waktu solat subuh Kiyai Muhammad Ali Qaribun akan berjalan mengelilingi pondok mengejutkan murid-muridnya dengan mengetuk tin-tin kecil. 18 Menurut murid-murid beliau, Kiyai Muhammad Ali Qaribun merupakan seorang yang praktikal dan berfikiran terbuka. Salah satu sebab pondok beliau mendapat sambutan ramai anak muda ketika itu adalah kerana polisi kebebasan berpakaian. Berbeza dengan pondok-pondok lain ketika itu seperti Pondok Kiyai Kusen19 yang melarang pemakaian topi dan seluar kerana menyerupai orang Barat. Menurut Kiyai Muhammad Ali Qaribun, yang penting adalah pemakaian itu menutup aurat. Kebiasaannya seperti guru-guru lain, beliau juga akan mengenakan denda terhadap muridnya yag melakukan kesalahan tetapi denda itu selalunya yang mendatangkan manfaat, bukan dengan tujuan mencederakan. Antaranya mendenda murid yang lewat solat subuh dan tidak menutup kepala ketika ke tandas.20 Kiyai Muhammad Ali Qaribun juga melarang umat Islam mengamalkan bidaah seperti amalan kenduri selepas kematian dengan mengikut bilangan hari seperti 3, 7 40 atau 100 hari. Sekiranya tetap mahu melakukan kenduri, bolehlah dilakukan tanpa menetapkan bilangan hari. Beliau juga sangat suka menderma dan bersedekah. Menurut warisnya, beliau tidak mempunyai 18
Temubual bersama Ahmad Shukri Ghazali Siraj Uthman al-Kelangi, di Maahad Tahfiz Ghazali Siraj, Klang pada 26hb Setember 2015. Beliau merupakan cicit kepada Kiyai Muhammad Ali Qaribun dan seorang pentafsir dan penterjemah kepada kitab-kitab lama. Beliau juga sangat aktif dalam mengkaji ulama-ulama silam. 19 Pondok Kiyai Kusen diasaskan oleh Kiyai Husin bin Kiyai Abbas bin Qaribun. Kiyai Husinmerupakan anak saudara kepada Kiyai Muhammad Ali Qaribun. Pondok Kiyai Kusen menerbitkan Taqwim Hijrah setiap tahun. 20 Kebiasaannya murid-murid pondok beliau yang melakukan kesalahan akan dikenakan denda, contohnya jika tidak memakai penutup kepala ketika ke tandas, akan didenda sebanyak 20 sen. Duit daripada denda ini akan digunakan untuk membayar perkhidmatan dapur dan tukang masak. Lihat Ahmad Shukri Ghazali Siraj Uthman alKelangi, Kiyai Muhammad Ali Qaribun: Pengasas Pondok, 68.
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wang ringgit kerana semua harta beliau dinafkahkan kepada anak-anak dan individu yang dalam kesusahan21. Kiyai Muhammad Ali Qaribun merupakan seorang yang sangat suka mengembara. Bermula dari Mataram ke Mekah, kemudian ke Johor dan seterusnya ke Selangor. Kerana ini jugalah, beliau mempunyai ramai rakan dan kenalan. Malah terdapat ramai kenalan beliau yang terdiri daripada individu-individu penting dari serata nusantara. Antaranya seperti, Kiyai Abdul Jalil Kudus22, Sheikh Abu Bakar Jabal Qubis an-Naqsyhabandi23, Tengku Mahmud Zuhdi alFathani24, Sheikh Haji Yusuf bin Haji Shahabuddin25 dan ramai lagi. Beliau juga mempunyai hubungan yang erat dengan kerabat diraja Brunei26 dan kerabat diraja Selangor serta para ulama dikalangan India Muslim di kawasan Klang sekitar era 1940-an27.
21
Kiyai Muhammad Ali Qaribun selalu bersedekah seperti mendermakan keseluruhan duit sumbangan berjumlah $300 kepada anak-anak kecil. Lihat manuskrip Kiyai Muhammad Ali Qaribun, simpanan peribadi ust. Ahmad Shukri Ghazali Siraj Uthman al-Kelangi, (t.t). 22 Kiyai Abdul Jalil Kudus (Al-Muqaddasi) Solo ialah salah seorang ulama besar yang berasal dari Kudus, Jawa Tengah dan kemudiannya menetap di Jabal Qubais, Mekah. Beliau pernah mengutus surat kepada Kiyai Muhammad Ali Qaribun yang menyatakan kekaguman beliau terhadap Kiyai Muhammad Ali. Lihat manuskrip Kiyai Muhammad Ali Qaribun, simpanan peribadi ust. Ahmad Shukri Ghazali Siraj Uthman al-Kelangi, (t.t). 23 Sheikh Abu Bakar Jabal Qubai merupakan ulama di Jabal Qubais, Mekah. Kiyai Muhammad Ali Qaribun berkenalan dengan Seikh Abu Bakar ketika beliau menetap dan mengajar di Mekah. Lihat manuskrip Kiyai Muhammad Ali Qaribun, simpanan peribadi ust. Ahmad Shukri Ghazali Siraj Uthman al-Kelangi, (t.t). 24 Tengku Mahmud Zuhdi al-Fathani merupakan Sheikh ul-Islam negeri Selangor. Beliau sentiasa dijemput untuk mengajar di pondok dan masjid di Sijangkang oleh Kiyai Muhammad Ali Qaribun. Lihat manuskrip Kiyai Muhammad Ali Qaribun, simpanan peribadi ust. Ahmad Shukri Ghazali Siraj Uthman al-Kelangi, (t.t). 25 Sheikh Haji Yusuf bin Haji Shahabuddin merupakan mufti pertama negeri Selangor. Beliau selalu berjumpa dengan Kiyai Muhammad Ali Qaribun selepas waktu solat Isyak. Lihat manuskrip Kiyai Muhammad Ali Qaribun, simpanan peribadi ust. Ahmad Shukri Ghazali Siraj Uthman al-Kelangi, (t.t). 26 Kiyai Muhammad Ali Qaribun pernah menyelesaikan masalah bekaitan isu pertunangan Antara kerabat Diraja Brunei dan kerabat Diraja Selangor, seperti yang diceritakan oleh Puan Samihah bt Kiyai Abdul Ghani. Kiyai Abdul Ghani merupakan menantu kepada Kiyai Muhammad Ali Qaribun. Lihat Ahmad Shukri Ghazali Siraj Uthman alKelangi, Kiyai Muhammad Ali Qaribun: Pengasas Pondok, 76. 27 Pada setiap kali perayaan Maulud Nabi, ulama-ulama India Muslim akan datang menziarah Kiyai Muhammad Ali Qaribun sambil membawa replika masjid yang diperbuat daripada buluh dan diisi dengan makanan seperti nasi beriani ayam, pulut, pisang dan sebagainya yang akan dimakan beramai-ramai. Lihat Ahmad Shukri Ghazali Siraj Uthman al-Kelangi, Kiyai Muhammad Ali Qaribun: Pengasas Pondok, 75.
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Beliau juga mahir dalam ilmu falak dan sentiasa mengaplikasikan kemahiran tersebut dalam kehidupan seharian seperti menentukan arah kiblat ketika mengembara dan berhijrah dari Jawa ke Tanah Melayu serta menentukan waktu solat ketika di dalam hutan dan perlayaran. Dikatakan bahawa beliau sentiasa melangkah masuk ke masjid tepat ketika mula laungan azan. Ketika zaman mudanya, beliau juga mahir memburu dan membuat jerat menangkap haiwan liar seperti harimau kerana pernah berkhidmat sebagai tentera hutan di Johor sekitar tahun 1889.28 Sebagai bekas tentera beliau juga mahir menggunakan senjata api. Beliau juga mempunyai kemahiran dalam pertukangan dan seni bina seperti membina masjid antaranya Masjid Sultan di Singapura29, Masjid Kiyai Haji Muhammad Ali Umar Sijangkang dan Masjid Kiyai Muhammad Ali di Sijangkang, Selangor dan juga membina sendiri sekolah pondok beliau dengan bantuan para penduduk kampung. Walaupun tidak tahu menulis tetapi Kiyai Muhammad Ali Qaribun mempunyai daya ingatan dan hafazan yang sangat baik 30 sehingga mampu membangunkan sekolah pondok sendiri dan mengajar pelbagai ilmu dengan berkesan.
Kewafatan Beliau Ajal dan maut merupakan suatu perkara yang pasti bagi setiap manusia dan kita tidak dapat lari walaupun sesaat. Memetik kata-kata seorang novelis terkemuka Malaysia, “mati itu pasti,
28
Sekitar tahun 1889, beliau berkhidmat sebagai tentera hutan di Johor. Pihak British pada waktu itu sentiasa mengambil pendatang-pendatang dari Indonesia untuk dilatih dan ditugaskan menentang pahlawan-pahlawan Melayu yang memberontak terhadap pemerintahan Inggeris. Lihat Ahmad Shukri Ghazali Siraj Uthman alKelangi, Kiyai Muhammad Ali Qaribun: Pengasas Pondok, 65. 29 Nama Kiyai Muhammad Ali Qaribun ada dicatat pada batu asas Masjid Sultan, Singapura. Catatan tersebut berbunyi “Pengasas Masjid, Kiyai Haji Ali Umar Qaribun, Bantul, Miri”. Lihat Ahmad Shukri Ghazali Siraj Uthman al-Kelangi, Kiyai Muhammad Ali Qaribun: Pengasas Pondok, 66. 30 Temubual bersama Ahmad Shukri Ghazali Siraj Uthman al-Kelangi, di Maahad Tahfiz Ghazali Siraj, Klang pada 26hb Setember 2015.
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hidup itu Insyaallah”.31 Kiyai Muhammad Ali Qaribun telah kembali kerahmatullah pada tahun 1948/1367. Beliau wafat pada 5 Jamadil Akhir 1374H bersamaan hari Jumaat, 28 Januari 1955 setelah hampir 40 tahun menabur bakti di negeri Selangor.32 Sebelum beliau wafat, beliau dikatakan jatuh ketika hendak mengambil wudhu’ untuk menunaikan solat fardhu Asar. Apabila murid-muridnya masuk ke dalam bilik tempat mengambil wudhu’, mereka melihat Kiyai Ali telah terbaring di atas lantai. Sejak itu beliau sering mengalami kesakitan dan hanya mampu berbaring sahaja selama 14 hari. Sepanjang tempoh itu, beliau dijaga oleh murid-muridnya dari segi makan dan minum termasuklah urusan ibadat seperti mengambil wudhu’. Sebelum wafat, beliau telah berwasiat agar dimaqamkan bersebelahan mimbar Masjid Sijangkang bersama isterinya. Bahkan murid-muridnya juga memohon agar jenazahnya dimaqamkan di dalam kawasan masjid. Permintaan ini telah diperkenankan oleh Sultan Selangor sebagai mengenang jasa-jasa beliau sebagai ulama di Selangor. Jenazahnya disembahyangkan oleh anaknya Kiyai Ihsan dan selepas itu jenazah beliau diusung tanpa menggunakan keranda oleh murid-muridnya dan penduduk kampung bermula dari rumah anaknya, Kiyai Ihsan sehingga ke kawasan mimbar masjid. Ramai yang berebut-rebut ingin memegang jenazah beliau sehingga menimbulkan kesukaran untuk membawanya. Keadaan di masjid sangat sesak sehingga kawasan yang dekat menjadi lama untuk sampai ke tempat persemadiannya. Setelah jenazah sampai ke liang lahad,
31
Ramlee Awang Murshid, novelis thriller Malaysia. Ahmad Shukri Ghazali Siraj Uthman al-Kelangi, “Kiyai Muhammad Ali Qaribun : Pengasas Awal Pondok Di Selangor”, Prosiding Seminar Tokoh Ulama Selangor 2008, disunting oleh Mohd. Khafidz Soroni, Zulkefli Aini dan Mohd. Faisal Mohamed (makalah,Seminar Tokoh Ulama Selangor,Jabatan Peradaban dan Pemikiran Islam, Akademi Islam, Kolej Universiti Islam Antarabangsa Selangor dan Jabatan Dakwah Islam Selangor, 2008),64. 32
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anaknya Kiyai Ihsan sendiri telah memasukkan jenazah bapanya dengan diiringi bacaan ayat suci al-Quran. Sehingga ke saat ini maqam Kiyai Muhammad Ali Qaribun masih kekal dan dipelihara dengan baik di Kampung Sijangkang. Manakala pondok dan masjid yang dibina oleh beliau di Sijangkang telah dirobohkan. Berakhirlah jasa beliau selama hampir 40 tahun menabur bakti di negeri Selangor.
Sumbangan Tokoh kepada Masyarakat Selangor a) Mendirikan Masjid di Sijangkang Kiyai Haji Muhammad Ali mula berhijrah ke Sijangkang pada tahun 1917M dan beliau bersama-sama para penduduk di Sijangkang telah mendirikan sebuah masjid yang dikenali sebagai Masjid Kiyai Haji Muhammad Ali Umar Sijangkang. Bagaimanapun orang tua-tua dahulu menyebutnya sebagai Masjid Kiyai Ali sahaja. Masjid ini tidak dapat bertahan lama kerana tiangnya telah roboh dan musnah. Disebabkan itu, kawasan tersebut telah dijadikan tempat perkuburan orang Islam di Sijangkang. Hanya terdapat sebuah tembok batu yang berasal dari masjid lama tersebut sahaja yang masih kekal disitu. Justeru itu, sebuah masjid baru telah dibina oleh Kiyai Ali yang di beri nama Masjid Kiyai Muhammad Ali dan telah dirasmikan oleh Sultan Selangor iaitu Sultan Hisyamuddin Syah pada 1921.33 Menurut cucu beliau iaitu Tuan Haji Sani bin Haji Muhammad Amir bin Kiyai Ali, nama Sijangkang diambil bersempena sebatang sungai yang mengalir di bawah sepohon kayu yang melengkung seumpama orang yang sedang kangkang. Sungai tersebut merupakan laluan utama
33
Temubual bersama Tuan Haji Sani bin Haji Muhammad Amir, di rumahnya di Sijangkang pada 20hb Mei 2007. Beliau merupakan cucu kepada Kiyai Muhammad Ali bin Qaribun.
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antara Pandamar dan Sijangkang. Selain itu, ada juga orang menggelar atau memanggil kawasan tersebut dengan panggilan Jangkang sahaja.34 Walaubagaimanapun masjid baru itu juga tidak dapat bertahan kerana masyarakat di Sijangkang ingin mendirikan masjid yang baru dan lebih luas bagi menampung jumlah jemaah yang meningkat. Namun demikian, ahli keluarga Kiyai Ali menentang dan meminta agar masjid Kiyai Ali dikekalkan dan dijadikan sebagai masjid warisan sejarah Selangor. Tetapi hasrat ini gagal dan sebuah masjid baru dibina dengan nama Masjid al-Ihsaniyah. Bukan atas nama pengasasnya iaitu Kiyai Muhammad Ali Qaribun tetapi atas nama anaknya iaitu Ihsan bin Muhammad Ali Qaribun.35 Masjid ini juga dikenali sebagai Masjid Jamiul Ehsani, Sijangkang, Kuala Langat dan masjid ini kekal hingga ke hari ini sehingga pernah dinobatkan sebagai juara kategori C (Masjid 30 tahun ke atas) dalam pertandingan masjid terbaik negeri Selangor 2015.36 b) Pengasas Sekolah Pondok Terawal di Sijangkang Setelah menetap di Sijangkang, Kiyai Muhammad Ali Qaribun telah mula mengajar di masjid dengan bilangan murid yang sedikit dan dalam masa yang singkat muridnya kian bertambah ramai. Sekitar tahun 1917, Kiyai Ali telah menubuhkan sekolah pondok secara bergotong-royong dengan penduduk setempat. Menurut waris beliau, tapak pondok tersebut di bina di atas sebidang tanah yang dihadiahkan kepada Kiyai Ali oleh sahabatnya yang hanya dikenali sebagai Pak Ramli yang pernah berkhidmat bersama-sama beliau sebagai tentera di Johor. Satu per lima daripada kawasan tanah itulah yang telah Kiyai Ali waqafkan untuk di bina sekolah pondok. Apabila muridnya
34
Temubual bersama Tuan Haji Sani bin Haji Muhammad Amir, di rumahnya di Sijangkang pada 20hb Mei 2007. Beliau merupakan cucu kepada Kiyai Muhammad Ali bin Qaribun. 35 Temubual bersama Ahmad Shukri Ghazali Siraj Uthman al-Kelangi, di Maahad Tahfiz Ghazali Siraj, Klang pada 26hb Setember 2015. Beliau merupakan cicit kepada Kiyai Muhammad Ali Qaribun dan seorang pentafsir dan penterjemah kepada kitab-kitab lama. Beliau juga sangat aktif dalam mengkaji ulama-ulama silam. 36 Nasif,Rencana: Jejak ulamak, Harian Metro, 7 Jun 2016, 33.
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bertambah ramai sekitar 400 orang, maka banyak pondok-pondok kecil didirikan di kawasan masjid secara bergotong-royong. Kiyai Haji Muhammad Ali dibantu oleh adiknya iaitu Kiyai Abbas (Abdullah Kahfi)37 sebagai pembantu. Bermula dengan tertubuhnya pondok ini maka muncullah pondok-pondok disekitar Klang, antaranya Pondok Masyhudi di Sungai Pinang, Pondok Kiyai Darda’(1937) di Sungai Pinang, Pondok Kiyai Haji Muhammad Khalil al-Jawi (1940), Pondok Kiyai Hairawi (1960) dan banyak lagi.38 Sejak pondok ini dirikan, penuntut Kiyai Haji Muhammad Ali semakin ramai sehingga ada yang datang dari Johor, Perak, Melaka dan seluruh Tanah Melayu. Kebanyakkan murid-murid beliau tertarik dengan kewibawaan dan ketinggian ilmu beliau yang mengajar tanpa menggunakan kitab tetapi melalui hafalan. Di antara kitab yang digunakan semasa mengajar ialah Safinatun Naja, Fathul Mu’in, Matan al-Jurumiyah, Mukhtasar Jiddan, Ihya ‘Ulumuddin dan Khazinah al-Asrar yang diperolehi dari Singapura dan Pulau Pinang.39 Selain itu, beliau juga menggunakan kitab Tafsir Yasin, ilmu hikmah, Mujarobat dan sebagainya. Umum masih lagi bersikap skeptikal terhadap institusi pembelajaran pondok kerana beranggapan lulusan-lulusan sekolah pondok tidak mampu menempa kejayaan seperti lulusan institusi pendidikan secara konvensional. Tanggapan tersebut sebenarnya kurang tepat. Kajian telah membuktikan bahawa ramai individu-individu yag mempunyai latar belakang pendidikan pondok juga berjaya dan berjawatan tinggi. Walaupun institusi pondok Kiyai Muhammad Ali
37
Anak Kiyai Abbas yang bongsu ialah Kiyai Husin. Beliau telah membangunkan institusi pondok yang lebih dikenali Pondok Kiyai Kusen yang setiap tahun menerbitkan Taqwin Hijrah. Kiyai Kusen merupakan murid kepada Kiyai Abdul Rasyid. Lihat Ahmad Shukri Ghazali Siraj Uthman al-Kelangi, “Kiyai Muhammad Ali Qaribun: Pengasas Awal Pondok Di Selangor”, 67. 38 Ibid. 39 Ustaz Benu (merupakan salah sorang murid Kiyai Haji Muhammad Ali selama 4 tahun), temubual pada 14hb April 2007.
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Qaribun telah pupus selepas era Perang Dunia ke-2, namun ia telah banyak berjasa kepada ramai masyarakat khususnya Selangor dengan melahirkan ramai individu-individu berwibawa. Menurut cucunya, Mohd Mahrol Ehsan, 71, status datuknya sebagai pelopor pengajian pondok sangat dihormati dan sehingga hari ini masih ramai yang menyebut jasa serta nama baik beliau. “Sebagai pewaris generasi, saya dan keluarga harus menjaga nama baik Kiyai Muhammad Ali Qaribun dan bapanya Kiyai Ehsan. Saya hendak mengikut separuh pun payah sikap mereka yang warak dan disenangi ramai,” katanya kepada Harian Metro. Biarpun tidak meneruskan pengajian agama seperti datuknya tetapi En. Mahrol tetap mewarisi ketokohan sebagai pemimpin apabila dilantik sebagai Pengerusi Jawatankuasa dan Keselamatan Kampung (JKKK) Sijangkang selama enam tahun selepas lapan tahun bersara sebagai guru.40
Kesimpulan Kemunculan negeri Selangor sebagai sebuah kerajaan sendiri agak terlambat berbanding dengan negeri-negeri lain seperti Melaka, Kedah, Kelantan dan sebagainya. Namun begitu, negeri ini mampu membentuk sebuah negeri yang masyhur seperti negeri-negeri lain dalam semua bidang seperti pentadbiran, politik, pendidikan dan sebagainya sehingga berkembang menjadi negeri paling maju dari segi ekonomi dan infrastruktur dengan bilangan penduduk paling ramai di Negara ini.41 Sultan Selangor yang pertama serta para pemimpin awal mampu membawa dan memperkenalkan Selangor kepada dunia.
40 41
Nasif,Rencana: Jejak ulamak, Harian Metro, 7 Jun 2016, 33. GDP by State and Kind of Economic Activity for the year 2010 at Constant Price 2000, Jabatan Statistik Malaysia.
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Sebagai contoh, dalam perkembangan dalam bidang pendidikan Islam, ramai tokoh-tokoh ilmuan Islam yang datang dari luar seperti Tengku Mahmud Zuhdi al-Fathani iaitu Shaikhul Islam negeri Selangor berasal dari Patani, Thailand, Kiyai Muhammad Ali Qaribun dari Jawa, Kiyai Ibn Abu Ammar dari Jawa, Syeikh Abdul Ghani Bima dari Sumatera, ulama’-ulama’ dari Mekah dan sebagainya. Tokoh-tokoh ini mampu memperkembangkan pendidikan Islam dan membina pondok-pondok serta institusi-institusi pendidikan di Selangor. Hal ini telah mengangkat martabat negeri Selangor di mata dunia dari segi pendidikannya dari zaman dahulu sehingga kini. Banyak institusi-institusi pengajian tinggi dibina di Selangor seperti Universiti Kebangsaan Malaysia (UKM), Universiti Islam Antarabangsa Malaysia (UIAM), Universiti Teknologi MARA (UiTM) dan sebagainya. Kini terdapat kira-kira 30 buah universiti awam, swasta dan antarabangsa di serata negeri Selangor.42 Dengan adanya institusi-institusi pendidikan yang banyak dan berkualiti ini maka terlahirlah tokoh-tokoh yang hebat pada masa kini untuk menyambung tugas ulama-ulama terdahulu untuk memperkembangkan lagi syiar Islam keseluruh dunia dan menyelamatkan umat Islam dari neraka dunia. Sumbangan ulama-ulama dahulu di Selangor sangat memberi kesan kepada kita hari ini. Seperti tokoh Kiyai Muhammad Ali Qaribun sendiri yang telah berjuang dan menabur jasa di Selangor melebihi 40 tahun. Beliau mencurahkan segala ilmu kepada masyarakat tanpa meminta balasan atau bayaran, tanpa mengejar pangkat atau kepentingan. Jasanya di curah dengan penuh keikhlasan agar murid-muridnya menjadi manusia yang berguna dan berjaya dengan akhlak yang baik. Beliau tidak menggunakan cara kekerasan atau memaksa pelajar-pelajarnya untuk mematuhi atau mengamalkan sesuatu amalan atau ilmu yang diajar. Dengan kebijaksanaan beliau ini telah
42
Portal Kerajaan Negeri Selangor Darul Ehsan, diases pada 30hb Ogos 2016.
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menarik minat ramai pelajar yang datang dari pelbagai pelosok negeri untuk belajar dengan beliau dan mereka sangat mengagumi sifat-sifat yang ada pada beliau. Justeru itu, pondok beliau bukan terkenal di Selangor sahaja tetapi seluruh dunia pada masa itu. Hal ini patut dicontohi oleh semua ahli-ahli akademik dan ilmuan agama terkini agar ilmu yang diajar itu dapat diterima dengan penuh keikhlasan oleh para pelajar dan dapat diaplikasikan dalam kehidupan harian mereka. Bukan seperti “mencurah air di daun keladi”. Banyak ilmu yang kita pelajari dan mengajar tetapi tidak diamalkan dan dimanfaatkan kerana ilmu itu tidak difahami sedalam-dalamnya dan tidak dihargai. Setiap individu yang bergelar pendidik itu harus bijak dalam mengajar sesuatu ilmu dan mempunyai keperibadian yang baik dan luar biasa seperti guru-guru dan ulama’-ulama’ zaman dahulu. Adalah menjadi tanggungjawab para pelajar untuk terus mencari ilmu dan sentiasa ikhlas dalam menuntut ilmu bukan hanya untuk berjaya di dunia sahaja tetapi juga di akhirat. Sejarah pendidikan dan cabaran serta kepayahan hidup para tokoh ulama ini juga haruslah dicontohi dan dijadikan iktibar oleh semua pihak. Ia telah menjadi suatu amanah dan tanggungjawab kepada kita semua untuk memartabatkan kedudukan para ulama Nusantara di peringkat antarabangsa.
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MELAYU DALAM PERUBAHAN Mohd Hazim Shah Abdul Murad Mohd Zufri Mamat
[email protected] [email protected]
Maisarah Hasbullah
[email protected]
Jabatan Pengajian Sains danTeknologi Fakulti Sains, Universiti Malaya Abstrak Kertas kerja ini akan membincangkan persoalan perubahan yang dialami oleh masyarakat Melayu Islam dari sudut modenisasi masyarakat Melayu, khususnya dari segi ekonomi dan keagamaan. Aspek ini akan dilihat di dalam dua institusi utama, iaitu institusi ekonomi dan institusi keagamaan. Bagi institusi ekonomi, FELDA diambil sebagai kajian kes, dan bagi institusi keagamaan pula, proses modenisasi dilihat telah membawa cabaran baru kepada asas ilmu dan pandangan alam Islam, dan bagaimana cendekiawan MelayuMuslim tempatan menyahut cabaran tersebut dengan usaha-usaha seperti pengIslaman Ilmu dan pengIslaman sains. Hasil dapatan daripada perubahan kedua-dua aspek perubahan ekonomi dan keagamaan membawa kepada kesimpulan bahawa masyarakat Melayu mempunyai kreativitinya yang tersendiri di dalam menghadapi cabaran modenisasi yang menampakkan ciri-ciri asing terhadap budaya Melayu, tetapi cabaran tersebut berjaya dihadapi tanpa mengorbankan nilai-nilai serta sifat teras budaya Melayu yang mencorakkan jatidiri Melayu itu sendiri. Kata kunci: Melayu-Islam, modenisasi, sains dan Islam, FELDA, cendekiawan Melayu-Islam
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Pengenalan Artikel ini akan membincangkan persoalan perubahan yang dialami oleh masyarakat
Melayu dari sudut modenisasi masyarakat Melayu, khususnya dari segi ekonomi dan keagamaan. Masyarakat Melayu mula mengalami proses modenisasi dengan kedatangan pihak British yang telah membawa peruabahan di dalam sistem politik, ekonomi, pentadbiran dan pendidikan, hingga membawa kepada penubuhan sebuah negara-bangsa, dan berbentuk institusional. Di dalam hal ini, kita akan melihat dengan lebih mendalam proses modenisasi masyarakat Melayu dalam dua institusi utama, iaitu institusi ekonomi dan institusi keagamaan. Bagi institusi ekonomi kita akan mengambil sebagai kajian kes, perubahan ekonomi yang dilalui oleh masyarakat Melayu dengan penubuhan FELDA, dan bagaiman ianya berselang-kait dengan perubahan-perubahan berkaitan seperti perubahan nilai, sikap, pemikiran, teknologi dan sebagainya, di mana perubahan ekonomi merupakan pemangkin kepada satu siri perubahan yang berturutan. Bagi institusi keagamaan pula, kita akan melihat bagaimana proses modenisasi telah membawa cabaran baru kepada asas ilmu dan pandangan alam Islam, dan adanya sistem pendidikan Barat yang berteraskan rasionalisme dan empirisisme, di mana ilmu sains merupakan kemuncak pencapaian sistem ilmu tersebut. Di sini kita akan melihat bagaimana cendekiawan Melayu-Muslim tempatan menyahut cabaran tersebut dengan usaha-usaha seperti pengIslaman Ilmu dan pengIslaman sains.
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Akhir sekali, kami akan menyimpulkan bahawa masyarakat Melayu mempunyai kreativitinya yang tersendiri di dalam menghadapi cabaran modenisasi yang menampakkan ciriciri asing terhadap budaya Melayu, tetapi cabaran tersebut Berjaya dihadapi tanpa mengorbankan nilai-nilai serta sifat teras budaya Melayu yang mencorakkan jatidiri Melayu itu sendiri. 2.0
Pemodenan masyarakat Melayu melalui FELDA Isu pemodenan Melayu boleh dilihat melalui usaha institutional seperti yang dilakukan
FELDA. Melalui dasar pembangunan luar bandar oleh kerajaan, FELDA bertindak sebagai satu agen bertanggungjawab membawa pembangunan dan modenisasi kepada masyarakat Melayu malah usaha ini dianggap sebagai satu program penyusunan semula masyarakat yang berjaya (Baydar, White,Simkins dan Babakol, 1990: 97). Peranan yang dimainkan oleh FELDA dalam melaksanakan pembangunan dan pemodenan kawasan luar bandar menjadi satu contoh yang baik untuk menerangkan keadaan tersebut. FELDA dilihat menjadi penghubung kepada usaha kerajaan untuk meningkatkan sosioekonomi masyarakat luar bandar melalui bidang pertanian (Drabble, 2000). Sektor pertanian menjadi teras kepada ekonomi Malaysia terutamanya sekitar tahun 1960-an sebelum menunjukkan kejatuhan pada tahun 1970-an. Memandangkan sektor pertanian menjadi penyumbang yang besar kepada ekonomi dan mempunyai hubungan rapat dengan usaha pembangunan penduduk terutamanya di kawasan luar bandar dan menjadi alat utama untuk membasmi kemiskinan, sektor ini diberikan perhatian yang serius oleh kerajaan (Samuel, Halim dan Ong, 1999). Dalam konteks pembangunan luar bandar di Malaysia, FELDA yang pernah mendapat bantuan dari Bank Dunia sebanyak RM 40 billion boleh dilihat bertindak sebagai agen pembangunan dan pemodenan dan dianggap berjaya dalam meningkatkan status sosio-ekonomi dan pembangunan kemanusiaan bagi golongan itu (Rich, 1994). Sebenarnya perkembangan dasar, halatuju dan fokus sektor pertanian negara boleh juga dilihat sebagai kesan langsung hasil daripada dasar rancangan pembangunan negara. Penubuhan FELDA sendiri misalnya, adalah hasil daripada perubahan atau evolusi polisi pertanian yang mendokong aspirasi rancangan pembangunan yang turut mengambil kira keperluan kemajuan golongan masyarakat terutamanya luar bandar.
2.1
Kemiskinan, kemunduran dan beban sosial Masalah kemiskinan dan kemunduran masyarakat luar bandar boleh dilihat sebagai
motivasi awal penubuhan FELDA pada 1 Julai 1956 di bawah Ordinan Kemajuan Tanah (Land
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Development Ordinance) 1956 yang mempunyai beberapa fungsi utama. Antara fungsi dan peranannya termasuklah melakukan pembangunan tanah dengan memberi bukan sahaja penekanan kepada pembangunan daripada aspek ekonomi malah juga kepada aspek pembangunan sosial. Sejak penubuhannya pada tahun 1956, telah banyak cabaran yang dihadapi FELDA dalam usaha untuk menjayakan agenda pembangunan kawasan luar bandar. Usaha pembangunannya ini dilihat bukan sahaja tertumpu kepada aspek pembangunan ekonomi dan fizikal malah lebih dari itu memberi penekanan juga kepada aspek sosial. Ini dapat dilihat apabila penubuhan FELDA antara lain adalah bertujuan untuk menyelesaikan masalah kelaparan tanah (land hunger) di kalangan penduduk luar bandar. Melalui Rancangan Lima Tahun Ke-2 matlamat ini digariskan dengan melaksanakan satu program pembangunan ‘Land for the Landless’ untuk tujuan memberi pemilikan tanah kekal kepada golongan itu (Gould 1969). Dalam usia yang sudahpun mencecah 50 tahun, FELDA mempunyai sejarah yang panjang. Seperti yang telah dinyatakan sebelum ini, FELDA adalah cetusan mangkin atau mekanisma dalam membawa pembangunan dan modenisasi di kawasan luar bandar. Satu yang nyata ialah penubuhan FELDA adalah merupakan satu tindakbalas kerajaan ketika itu dalam menyelesaikan masalah sosioekonomi penduduk luar bandar terutamanya kaum Melayu. Tanah-tanah rancangan FELDA ‘sengaja’ dibuka bagi mengatasi masalah-masalah tersebut. Penubuhan FELDA juga dilihat sebagai penghubung antara kawasan luar bandar dan kerajaan pusat dalam merangka bentuk dan keperluan pembangunan kawasan itu (Susan dan Aziz, 1983). Usaha membawa masuk dan menempatkan peneroka di tanah-tanah rancangan ini juga dilihat bagi memenuhi keperluan ekonomi FELDA. Melalui sektor pertanian seperti industri sawit, peneroka diserap ke dalam satu sistem ekonomi yang besar sebagai ‘pekerja ladang’ dan dari masyarakat tradisional (kampung), mereka berubah kepada ‘masyarakat industri’; dalam konteks ini mungkin lebih tepat untuk mengatakan bahawa masyarakat yang lahir hasil dari proses tersebut adalah satu ‘masyarakat perladangan’ (plantation society). Proses membawa masuk masyarakat Melayu ke sektor perladangan atau pertanian seperti ini bermula dengan adanya keperluan buruh dalam sektor itu sejak dari zaman penjajahan British lagi dan ini bolehlah dilihat sebagai satu usaha pemodenan masyarakat itu. Sektor pertanian terutamanya perladangan bolehlah dikatakan sebagai ‘laluan’ yang menghubungkan masyarakat Melayu kepada dunia ekonomi moden. Ia tidak sahaja tinggal sebagai ‘laluan’ malah menjadi ‘gerbang’ kepada banyak perkara misalnya apabila
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penglibatan masyarakat Melayu ke dalam sektor ini sebagai pekerja atau buruh (plantation worker/wage worker) dilihat sebagai satu bentuk mobiliti sosial yang secara langsung membawa kepada perubahan dari segi sosial dan politik masyarakat tersebut (Wan Zawawi, 1998: 53). Membawa masuk masyarakat Melayu ke dalam sistem ekonomi dengan cara begini adalah berupa ‘jalan pintas’ kepada usaha meningkatkan ekonomi dan seterusnya pemodenan mereka (Wan Zawawi, 1998: 8). Ia juga berperanan sebagai batu loncatan (leap-frog) kepada transformasi masyarakat kampung kepada masyarakat industri.
2.2
Ekonomi moden dan perubahan masyarakat Melayu Untuk perbincangan yang lebih khusus, sebuah tanah rancangan FELDA telah dipilih
sebagai kajian kes iaitu Felda Semarak Jengka 15, Pahang. Felda Semarak terletak dalam wilayah Jengka yang merupakan gugusan FELDA terbesar di Malaysia terletak di negeri Pahang Darul Makmur. Gugusan Jengka juga dikenali sebagai Segitiga Jengka kerana kedudukannya yang meliputi tiga daerah iaitu Temerloh, Jerantut dan Maran. Felda Semarak merupakan satu diantara 25 tanah rancangan yang berada di dalam Gugusan Jengka dan dibuka sekitar tahun 1975 dan mempunyai seramai 385 keluarga peneroka. Dalam konteks pemodenan yang dibawa melalui pembangunan tanah rancangan oleh FELDA, masyarakat peneroka di Felda Semarak telah mengalami perubahan dari aspek penyusunan semula masyarakat, rasionaliasi pentadbiran, sistem kerja moden dan perubahan nilai. Ini dilihat sebagai perubahan berturutan hasil daripada perubahan sistem ekonomi daripada tradisional kepada sistem ekonomi moden di tanah rancangan.
Penyusunan semula masyarakat Perkembangan industri kelapa sawit telah membuka ruang kepada keperluan tenaga buruh yang tinggi di dalam sektor tersebut. FELDA membuka tanah-tanah rancangannya dengan menempatkan peneroka-peneroka yang datang dari pelbagai latarbelakang sebagai pekerja di ladang-ladang selain dilihat sebagai satu agenda menyusun semula masyarakat itu dari segi ekonomi dan sosial (Fong, 1985). Di kawasan kajian, peneroka bekerja sebagai petani, nelayan atau hanya melakukan kerja-kerja kampung sebelum menyertai tanah rancangan ini malah ada di kalangan mereka tidak mempunyai sebarang pekerjaan sebelum menyertai tanah rancangan.1 1
Temubual dengan En. A. Hamid Bin Mohd Ali, Pengurus FELDA Semarak Jengka 15, Pahang pada 27 Mac 2009, jam 10 pagi di Pejabat FELDA Semarak Jengka 15.
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Masyarakat luar bandar mengisi peranan sebagai peneroka dalam memenuhi sistem ekonomi moden di tanah rancangan. Oleh itu, penubuhan tanah rancangan dengan menempatkan masyarakat Melayu yang sebelum ini tinggal di kampung-kampung dilihat sebagai respons kerajaan untuk mengeluarkan golongan tersebut daripada kepompong kemiskinan dan kemunduran dengan meningkatkan taraf ekonomi mereka. Peneroka di kawasan kajian misalnya, telah mencapai taraf ekonomi yang baik dari segi peningkatan pendapatan berbanding sebelum mereka menyertai tanah rancangan apabila ada antara mereka yang dahulunya hanya berpendapatan sebanyak RM 200 sebulan memperoleh pendapatan lebih RM 3000 pada masa sekarang.2 Masyarakat di tanah rancangan boleh dilihat sebagai satu masyarakat ‘industri’ dan ini difahami dengan melihat kepada sistem ekonominya kerana peneroka sebenarnya berada dalam satu rantaian ekonomi moden walaupun mereka mungkin jauh terpencil. Bagaimanapun penyusunan semula masyarakat ini tidak juga lari daripada satu lagi tujuan utamanya iaitu untuk memenuhi keperluan ekonomi dengan menempatkan peneroka sebagai pekerja di ladang-ladang milik FELDA. Impak senario ini sebenarnya besar kepada masyarakat peneroka. Peneroka dilihat melalui satu perubahan iaitu berubah dari sistem ekonomi tradisional di kampung-kampung kepada sistem ekonomi moden di tanah rancangan yang turut mendorong kepada modenisasi fizikal, rasionalisasi pentadbiran dan pengurusan dalam masyarakat mereka. Rasionalisasi pentadbiran Penubuhan tanah-tanah rancangan dilihat sebagai satu kaedah untuk menyediakan sumber tenaga manusia yang mencukupi sebagai pekerja di ladang-ladang kelapa sawit milik FELDA. Dengan adanya tanah rancangan, sistem pengeluaran kelapa sawit boleh dilakukan dengan lebih cekap. Untuk tujuan itu, FELDA menempatkan kakitangannya di setiap tanah rancangan untuk memastikan pentadbiran dan pengurusan berjalan lancar. Tekanan daripada pasaran terbuka dalam sistem ekonomi moden mendorong satu bentuk pentadbiran yang lebih bersistem.3 2
Berdasarkan kajiselidik yang telah dijalankan di Felda Semarak, Jengka 15 pada September 2009. Dalam hal ini Weber misalnya menjelaskan bahawa usaha sesuatu organisasi untuk terus bersaing dan memenuhi keperluan ekonomi dengan merasionalkan pentadbirannya boleh diterangkan melalui apa yang dipanggil sebagai ‘bureaucracy’ (birokrasi). Birokrasi dianggap sebagai satu bentuk pentadbiran yang lebih rasional dan efisyen untuk memastikan sesuatu organisasi mencapai matlamatnya melalui kaeadah pentadbiran yang lebih fokus dan khusus. Pentadbiran yang birokratik adalah menepati ‘formal rationality’ yang difahami sebagai tindakan untuk membuat jangkaan, perkiraan dan pertimbangan yang praktikal dan objektif dalam memperoleh hasil yang konsisten dan memenuhi matlamat (Morrison, 2006). 3
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Di kawasan kajian, rasionalisasi pentadbiran dapat dilihat apabila sistem pentadbirannya disusun mengikut peranan dan tugas di tanah rancangan bermula dengan seorang pengurus, seorang penyelia dan dibantu oleh kakitangan pentadbiran yang lain seperti penyelia ladang dan pembantu tadbir.4 Ini dapat dilihat dengan wujudnya pembahagian tugas yang khusus seperti yang boleh dilihat melalui carta organisasinya. Pihak pentadbiran FELDA memainkan peranan penuh dalam menentukan dasar dan polisi tanah rancangan berhubung pekerjaan mahupun aspek sosial masyarakat peneroka. Mempunyai sistem pentadbiran seperti ini memudahkan pihak pentadbiran untuk menggerakkan dan mengawal masyarakat peneroka di tanah rancangan. Kesan atau pengaruh industri kelapa sawit di tanah rancangan tidak terhad hanya kepada pihak pentadbiran FELDA malah masyarakat peneroka juga mengalami pemodenan daripada aspek birokrasi apabila wujudnya jawatankuasa dan persatuan di tempat mereka. Peneroka, penerokawati dan belia di Felda Semarak melibatkan diri misalnya dalam Jawatankuasa Kemajuan Kampung (JKK), Persatuan Wanita dan Persatuan Belia.5 Persatuan-persatuan dan jawatankuasa ini mempunyai fungsi sebagai penghubung antara masyarakat peneroka dengan pihak pentadbiran dan bertindak sebagai saluran kepada mereka untuk melibatkan diri dalam proses membuat keputusan dalam masyarakat mereka.6 Sistem kerja moden Pengurusan pengeluaran kelapa sawit di tanah rancangan turut dilakukan dengan cara yang moden iaitu kerja berjadual dan menepati masa untuk meningkatkan produktiviti. Ini bertujuan supaya FELDA berupaya bersaing dalam pasaran terbuka dalam ekonomi moden. Keperluan ini dilihat mempengaruhi cara atau kaedah peneroka berkerja di tanah-tanah rancangan. Sebagai contoh, mereka perlu mematuhi ‘standard operation procedure’ yang dikeluarkan oleh FELDA melalui manual pengurusan ladang. Keadaan ini membawa kepada perkongsian maklumat
4
Temubual dengan En. A. Hamid Bin Mohd Ali, Pengurus FELDA Semarak Jengka 15, Pahang pada 27 Mac 2009, jam 10 pagi di Pejabat FELDA Semarak Jengka 15. 5 Ibid. 6 Ini juga menunjukkan bahawa masyarakat peneroka turut mengalami pemodenan daripada aspek ‘mempunyai darjah keterlibatan membuat keputusan’ dalam masyarakat. Ciri pemodenan ini bertepatan dengan apa yang dinyatakan oleh Lerner (1968) apabila mentakrifkan masyarakat moden sebagai satu masyarakat yang mempunyai peranan dalam menentukan halatuju dan pergerakan masyarakat mereka melalui penglibatan membuat dasar dan polisi dalam masyarakat. Walaupun ini tidaklah bermakna masyarakat peneroka mempunyai kuasa penuh untuk menentukan keputusan ke atas masyarakat mereka tetapi sekurang-kurangnya ia dilihat sebagai satu cara untuk menyampaikan suara mereka kepada pihak pentadbiran FELDA.
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pertanian dan ini dilakukan melalui proses penyebaran atau ‘diffusion’ di mana kakitangan seperti penyelia ladang bertindak sebagai ‘penyampai’ dan peneroka sebagai ‘penerima’ sepertimana yang disifatkan oleh McGinn (1999) sebagai hubungan antara ‘message sender’ (penyelia) dan ‘recipient’ (peneroka). Proses penyebaran ini dilihat mempengaruhi dan menentukan cara peneroka melakukan kerja-kerja di ladang iaitu kerja mula dilakukan secara berjadual dan mengikuti masa. Ini juga dilihat sebagai kesan penyebaran pengetahuan inovasi S&T yang memberi bentuk menyeluruh kepada masyarakat.7 Di kawasan kajian, kerja berjadual dapat dilihat apabila peneroka melakukan kerja-kerja membaja empat kali setahun dan meracun rumpai dua kali setahun. Contoh yang lebih jelas untuk melihat bagaimana S&T mewujudkan sistem kerja moden dalam masyarakat mereka ialah melalui kerja-kerja penuaian kelapa sawit. Peneroka perlu menuai kelapa sawit mengikut pusingan 20 hari satu pusingan dan ini bertujuan untuk memastikan kelapa sawit yang dituai benar-benar matang. Selepas dituai, kelapa sawit perlu dihantar ke kilang dalam tempoh 24 jam untuk diproses dan ini bertujuan untuk mengelakkan pembentukan Free Fatty Acid (FFA) yang boleh merendahkan mutu perahan kelapa sawit. Atas dasar ini juga, peneroka diletakkan dalam sistem blok di tanah-tanah rancangan untuk membolehkan kerja-kerja di ladang kelapa sawit dapat dilakukan mengikut jadual dan menepati prosedur pengeluaran.8 Jadi di sini jelas menunjukkan bahawa masyarakat peneroka telah mula berasimilasi dengan S&T.
Pemodenan dan pengekalan nilai tradisional Proses membawa masuk masyarakat Melayu luar bandar ke tanah-tanah rancangan memperlihatkan perubahan daripada segi bentuk dan ciri masyarakat. Peneroka datang dari pelbagai latarbelakang dan ini membawa kepada campuran penduduk yang memberi bentuk dan ciri masyarakat yang baru. Dilihat dari aspek hubungan sosial, hubungan antara peneroka dan kakitangan FELDA memperlihatkan hubungan yang berasaskan kepada hubungan profesional antara pekerja dan majikan. Hubungan ini bolehlah dikenali sebagai hubungan antara ‘trainers’
7
Perkara ini berkisar tentang persoalan mengenai teknologi sebagai faktor penentu perubahan masyarakat menepati penjelasan seperti yang dianjurkan oleh prinsip ‘technological determinism’ (TD) yang menyatakan perubahan sesuatu masyarakat itu ditentukan oleh inovasi S&T (McGinn, 1999). 8 Ibid.
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dan ‘participants’ (McCleland, 1969) atau ‘message sender’ dan ‘recipient’ (McGinn, 1991) dan lahir dari satu medium iaitu ‘ekonomi’. Jika di dalam masyarakat tradisional, hubungan sosial mungkin diasaskan kepada hubungan kekeluargaan dan persaudaraan, tetapi hubungan sosial yang baru ini wujud atas dasar profesional dalam ekonomi moden. Hubungan sosial seperti ini bolehlah digambarkan dan difahami dengan melihat hubungan yang wujud antara individu di bandar-bandar besar yang menjadi pusat kepada kegiatan ekonomi; hubungan sosial mereka misalnya hanya atas dasar ‘juruwang bank dengan pelanggan’ atau ‘peniaga dengan pelanggan’. Namun, dalam kes kajian ini, walaupun masyarakat ‘dikumpulkan’ atas dasar memenuhi dan menggerakkan satu sistem ekonomi moden melalui industri kelapa sawit, hubungan sosial masyarakat tersebut menunjukkan keunikannya yang tersendiri. Masyarakat di tanah rancangan tersebut juga mempunyai hubungan sosial dalam bentuk lain. Ini dapat dilihat apabila peneroka menjalin hubungan yang baik sesama mereka dan juga dengan kakitangan dalam aktiviti-aktiviti sosial lain seperti sukan, kebudayaan dan agama. Pengurus misalnya; yang bertindak sebagai penyampai atau penyalur maklumat inovasi dalam sistem ekonomi moden di tanah rancangan, turut dijemput untuk menghadiri kenduri kahwin atau majlis cukur jambul (menyambut kelahiran bayi) yang diadakan oleh peneroka. Di sini jelas menunjukkan bahawa masih ada nilai tradisional yang dikekalkan dalam proses modenisasi ini. Dalam kes modenisasi yang dilakukan oleh FELDA, ia dilihat mengambil beberapa ciri tradisional apabila daripada segi hubungan sosial, masih memperlihatkan hubungan yang lebih dari bersifat profesional semata-mata kerana majikan turut memberi tumpuan secara menyeluruh kepada bukan sahaja pembangunan fizikal dan ekonomi malah juga daripada aspek sosial. Hubungan sosial seperti ini mungkin wujud dalam bentuk modenisasi yang prosesnya adalah diatur dan dirancang. Perlu difahami bahawa pemodenan masyarakat Melayu adalah satu proses yang dilakukan pertamanya; dengan bergantung kepada usaha dan peranan kerajaan dan keduanya; oleh peranan dan sifat asas ekonomi (Abdul Rahman, 2002). Jika dilihat dalam kes pemodenan oleh FELDA, ia bolehlah dikatakan mengambil bentuk yang pertama iaitu dilakukan melalui usaha dan peranan kerajaan. Oleh itu tidak hairanlah sekiranya hubungan sosial masyarakat di kawasan kajian masih menampakkan ciri-ciri tradisional. Kes-kes pengekalan nilai-nilai tradisional dalam proses modenisasi seperti ini memang sesuatu yang sangat menarik untuk dibincangkan. Justeru, kepercayaan bahawa modenisasi itu
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semestinya diikuti dengan perubahan nilai yang menuntut kepada kesediaan bertoleransi dengan nilai-nilai tradisional mungkin memerlukan penelitian dan penilaian semula. Jika faham Marx, Durkheim, Weber atau Habermass yang menyatakan bahawa modenisasi itu melibatkan perubahan keseluruhan aspek masyarakat termasuk nilai (Eisenstadt, 2000) diterima, bermakna perbincangan kita terhenti disini. Dalam kes modenisasi yang dilakukan oleh Felda sendiri, kelihatannya ia mengambil bentuk instrumental dan pada masa yang sama masih mengekalkan norma tradisional. Pengekalan nilai tradisional dalam konteks modenisasi di kawasan kajian ditunjukkkan melalui dapatan yang diperolehi hasil kajiselidik daripada aspek personaliti moden di kalangan peneroka.9 Daripada kajiselidik yang dijalankan, didapati peneroka memenuhi sebahagian besar personaliti tersebut iaitu memenuhi ciri-ciri dari aspek ‘keterbukaan dan kesediaan terhadap perubahan’ dan ‘aspirasi’. Ini ditunjukkan apabila peneroka misalnya mempunyai pandangan yang baik terhadap usaha pembangunan dan pemodenan yang dilakukan FELDA serta mempunyai aspirasi yang tinggi terhadap pendidikan anak-anak mereka. Bagaimanapun, dari segi ‘kepercayaan’ mereka masih berpegang kepada konsep ‘nasib dan takdir’ ataupun “qada’ dan qadar”. Ini memberikan satu respons yang agak menarik iaitu mereka moden dari satu sudut; ekonomi dan industrialisasi, tetapi masih ‘tradisional’ dari sudut yang lain; nilai dan kepercayaan. Oleh itu, boleh disimpulkan bahawa modenisasi yang dialami oleh masyarakat peneroka ini menunjukkan keunikannya yang tersendiri. Mereka moden dari aspek ekonomi tetapi pada masa yang sama masih mengekalkan beberapa ciri dan nilai tradisional. 3.0
Melayu Dalam Perubahan di dalam institusi keagamaan.
Terkandung di dalam persoalan ‘pembaharuan’ orang Melayu-Muslim yang akan dibicarakan di dalam bahagian ini adalah perubahan di aspek pemikiran khususnya dikalangan golongan profesional Melayu-Muslim. Rasionalnya golongan ini dipilih untuk ditonjolkan perubahan pemikiran mereka berkaitan dengan kefahaman agama Islam dan hubungannya dengan sains, kerana golongan ini merupakan produk pendidikan moden yang terbit daripada proses modenisasi. 9
Untuk bahagian ini sebanyak 240 kajiselidik diedarkan kepada peneroka di kawasan kajian pada September 2009. Terdapat dua perspektif utama personaliti moden seperti yang digariskan oleh Inkeles (1974) iaitu perspektif analitikal (analytical perspectives) dan perspektif topikal (topical perspectives). Perspektif analitikal menyentuh tentang perubahan nilai individu dari beberapa aspek seperti kerterbukaan kepada pengalaman baru, kesediaan terhadap perubahan sosial, pendapat dan pandangan, masa, kemampuan, perancangan, kepercayaan, kemahiran teknikal dan harga diri (dignity) sementara perspektif topikal pula menyentuh aspek persaudaraan dan kekeluargaan, hak-hak wanita, kawalan kelahiran, agama, usia (aging and the aged), politik, komunikasi, kepenggunaan, susunan sosial dan komitmen kerja.
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Ilmu sains moden merupakan tunjang utama modeniti, dan untuk membangunkan negara Malaysia sebagai negara maju menjelang 2020, sains dan teknologi dilihat sebagai medium yang terbaik untuk merealisasikan hasrat nasional ini. Aspek pembaharuan pemikiran yang diterangkan di dalam bahagian ini dapat dilihat dengan lebih jelas melalui pemikiran empat tokoh sarjana Melayu-Muslim tempatan yang terpilih yang mempunyai latar belakang di dalam bidang sains dan mendapat pendidikan di Barat yang akan membincangkan mengenai hubungan di antara Islam, sains dan modeniti yang juga seringkali dibahaskan melalui wacana pengIslaman Ilmu dan pengIslaman ilmu sains. Pengislaman ilmu merupakan satu gerakan revolusi epistemologi bagi mengatasi masalah kemunduran Ummah yang disebabkan oleh dominasi ilmu Barat yang sekular. Pengislaman ilmu sains lebih merujuk kepada gerakan Islamisasi ilmu yang lebih khusus di dalam bidang sains. Tokoh-tokoh yang dimaksudkan adalah Prof. Emeritus Dato’ Osman Bakar, Prof. Dr. Shaharir Mohamad Zain, Allahyarhamah Prof. Dr. Khalijah Mohd Salleh dan Prof. Datin Dr. Azizan Baharuddin. Corak pemikiran mereka yang digambarkan melalui hasil-hasil karya mereka menggambarkan respons mereka terhadap modeniti dan satu bentuk inovasi ilmu khususnya di dalam perbahasan mengenai penerimaan sains moden dan konsep modeniti yang lebih kritikal tanpa mengorbankan identiti dan tradisi Islam yang sedia mengakar di dalam masyarakat Melayu sejak sebelum Tanah Melayu mencapai kemerdekaan lagi. 3.1
Prof. Emeritus Dato’ Osman Bakar Tokoh pertama yang akan dikupas pemikirannya adalah Osman Bakar. Beliau kini
merupakan pengarah di Sultan Omar ‘Ali Saifuddien Centre for Islamic Studies (SOASCIS), Universiti Brunei Darussalam. Beliau mendapat pendidikan di Barat antaranya di Woolwich Polytechnic, London University di dalam bidang Matematik, dan kemudian menyambung pendidikan di peringkat sarjana di dalam bidang logik di Bedford College, London University. Namun demikian, oleh kerana minat yang mendalam di dalam falsafah Barat dan pemikiran Islam, beliau telah menyambung pelajaran di Temple University di peringkat Ijazah Doktor Falsafah di dalam bidang falsafah sains Islam di bawah penyeliaan Seyyed Hossein Nasr. Osman Bakar merupakan tokoh di dalam pengIslaman ilmu sains yang penting di peringkat tempatan dan juga antarabangsa, dan merupakan antara perintis yang menubuhkan Akademi Sains Islam Malaysia (ASASI), iaitu sebuah organisasi bukan kerajaan yang mengambil pendekatan akademik di dalam
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usaha Islamisasi ilmu yang dianggotai oleh ahli-ahli yang mempunyai latar belakang sains dan teknologi. Pendekatan yang digunakan oleh beliau di dalam mengkaji hubungan antara sains dan Islam adalah melalui pendekatan sejarah dan falsafah di dalam wacana pengIslaman ilmu sains. Oleh yang demikian, beliau melihat bahawa bentuk sains yang dikembangkan di dalam tamadun Islam mempunyai ciri-ciri yang berbeza dengan sains moden dilahirkan bermula pada abad ke 17 selepas berlakunya revolusi saintifik yang telah mengubah wajah sains menjadi lebih sekular. Di dalam membincangkan hubungan antara sains dan Islam, beliau merujuk kepada ‘sains Islam’ sebagai sains yang dipupuk di dalam budaya dan tamadun Islam, dan sains sebegini layak dianggap sains Islam kerana mempunyai kaitan dengan prinsip asas Islam iaitu prinsip Tawhid yang mempunyai kaitan dengan prinsip-prinsip metafizik, kosmologi Islam, psikologi, epistemologi dan etika Islam. Perbezaan utama di antara sains yang wujud pada zaman tamadun Islam dan sains moden seperti yang diketengahkan oleh beliau di dalam Tawhid and Science (2008) antaranya daripada aspek metodologi yang digunakan di dalam mengkaji alam ini. Sains moden hanya mengkaji alam ini secara lahiriah dan menafikan ilmu yang tidak boleh dicerap secara empirikal. Sedangkan sains Islam mempunyai metodologi yang lebih komprehensif kerana tidak menafikan sumber intuisi dan al-Quran sebagai sumber ilmu yang boleh diyakini. Walaupun demikian, sains Islam masih mempunyai beberapa persamaan ciri-ciri kaedah mendapatkan ilmu dengan sains moden contohnya daripada segi kerasionalan, penggunaan kaedah saintifik yang juga telah menyumbang kepada perkembangan sains Islam. Kefahaman tentang perbezaan dan persamaan ini amat penting bagi membolehkan saintis Muslim memahami perbezaan epistemologi dan keterbatasan ilmu di dalam sains moden kerana ilmu sains moden tidak mampu mencerap ilmu diluar batasan kemampuan pancaindera sedangkan sifat ilmu itu berdasarkan perspektif Islam adalah lebih menyeluruh termasuklah ilmu metafizik yang tidak mampu dicerap oleh pancaindera manusia. Sains tradisional dan sains moden berbeza daripada beberapa perkara, contohnya daripada aspek pemilihan premis dan kaedan sains, tetapi selagi kedua-duanya di dalam disiplin sains, struktur teori yang dihasilkan adalah sama. Oleh itu, di dalam usaha kita membina hubungan antara sains dan Islam di dalam konteks kontemporari, kefahaman tentang ciri dan asas sains tradisional di dalam sejarah dan memahami asas serta ciri sains moden akan membantu membolehkan kita
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mengintegrasikan hubungan di antara kedua-duanya. Di dalam membentuk kesatuan antara sains dan pengetahuan spiritual, perlu difahami bahawa konsep sains merupakan pengetahuan yang objektif, tersusun dan teratur tentang alam tabii dan bukanlah semata-mata disumbangkan oleh pemikiran moden sahaja. Sains juga berkembang dengan amat baik di dalam peradaban-peradaban pra-moden seperti Peradaban Cina, India dan Islam. Namun begitu, sains pra-moden ini berbeza daripada sains moden dari segi tujuan, metodologi, sumber inspirasi dan andaian-andaian falsafah mereka tentang manusia, ilmu, realiti alam dan hubungannya dengan bentuk ilmu yang lain. Sains tidak terpisah daripada ilmu spiritual dan mempunyai hubungan organik. Daripada perspektif peradaban Islam, ilmu spiritual merujuk kepada ilmu tentang ilmu ketuhanan dan prinsip tauhid, dan ilmu ini merupakan bentuk ilmu tertinggi serta mempunyai kedudukan matlamat teratas di dalam intelektual. Alam ini dikaji bukan sahaja daripada aspek fizikal, malah alam juga dianggap sumber ilmu spiritual dan metafizik. Alam dianggap “kitab kedua” yang mengandungi ayat-ayat (tanda-tanda) Tuhan disamping kitab al-Quran yang bersifat kekal sebagai sumber ilmu yang menunjukkan kesatuan di antara sains dan ilmu spiritual.
3.2
Prof. Dr. Mohd Shaharir Mohamad Zain Tokoh pemikir Melayu Islam kedua yang akan diterangkan di dalam artikel ini adalah Prof.
Dr. Shaharir Mohamad Zain, dan tokoh ini amat terkenal di dalam pengislaman ilmu sains khususnya di dalam bidang Matematik dan Fizik. Beliau kini merupakan seorang fellow penyelidik kanan di Pusat Dialog Peradaban, Universiti Malaya (UM) dan juga bekas profesor di Universiti Kebangsaan Malaysia (UKM). Beliau juga merupakan seorang tokoh akademik yang mendapat PhD di dalam bidang matematik fizik dari La Trobe University. Kecenderungan beliau berkecimpung secara serius di dalam pengIslaman ilmu sains sejak tahun 1970an. Konsep pengislaman ilmu menurut perspektif Shaharir, lebih kepada menilai sains yang kita gunakan sekarang mengikut perspektif Islam.10 Langkah pengislaman ilmu melibatkan dua langkah utama iaitu menilai ilmu sains semasa seperti juga yang diilhamkan oleh al-Attas yang merujuk pengislaman ilmu kontemporari. Ilmu kontemporari tidak semestinya ilmu yang baru, tetapi lebih kepada ilmu yang masih digunakan sehingga sekarang contohnya seperti teori
10
Temubual dengan Prof. Dr Shaharir Mohamad Zain pada 23 Januari 2009, jam 10.30 pagi di Puri Pujangga, Universiti Kebangsaan Malaysia.
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Newton.11 Di dalam langkah ini, proses pengislaman ilmu yang terlibat adalah menilai teori daripada perspektif Islam. Langkah yang kedua adalah memperbaiki teori tersebut setelah mengkritiknya daripada perspektif Islam. Beliau menegaskan bahawa mengkritik teori tetapi bukan berdasarkan perspektif Islam atau hanya berdasarkan perspektif ilmu sahaja yang tidak dibina berdasarkan Islam, kritikan teori tersebut bukanlah dianggap sebagai pengislaman ilmu.12 Ini kerana orang Barat sendiri mengkritik ilmu mereka, tetapi kritikan yang dilontarkan oleh mereka mengikut perspektif mereka sendiri yang tidak sesuai dengan perspektif Islam. Langkah kedua ini merupakan langkah yang paling sukar kerana selepas mengkritik, kita perlu memperbaiki teori tersebut ataupun menggantikan teori tersebut dengan teori yang baru yang selaras dengan perspektif Islam.13 Selain agenda pengislaman ilmu, beliau juga terlibat aktif di dalam wacana etnosains, etnoteknologi dan pempribumian ilmu sains di Malaysia bagi mengungkapkan agenda sains dan teknologi di dalam konteks tempatan. Beliau percaya sains dan teknologi perlu diberi acuan berdasarkan kepada nilai-nilai dan budaya tempatan serta kepentingan bahasa Melayu sebagai bahasa ilmu sains tidak boleh dipinggirkan. Kefahaman ini amat penting untuk menggambarkan bahawa tamadun dan bangsa Melayu juga mempunyai banyak ilmu sains tersendiri yang harus dipelajari dan dikembangkan berdasarkan paradigman berteraskan nilai-nilai Islam. Pengajian yang berbentuk etnosains ini seperti yang dilakukan oleh Shaharir, yang mengkaji warisan sains Melayu merupakan tugas yang wajar dan boleh digunakan sebagai pembina identiti sesuatu bangsa pada masa kini dan masa hadapan. Salah tanggapan terhadap bidang kajian sebegini, contohnya dianggap tidak relevan dengan keadaan kontemporari harus diperbetulkan. Walaupun klasifikasi pseudosains atau protosains ini di dalam kerangka ilmu tradisional dan tidak diikhtiraf sebagai sains tersendiri, ini tidak bermakna kajian sebegini tiada nilai. Walaupun dari segi kandungan ilmu sebegini tidak lagi diterima kerana kita sudah mempunyai sistem lain yang digunapakai, tetapi ini tidak bermakna ilmu etnosains ini tidak mempunyai sebarang kepentingan. Yang dianggap silam
11
Temubual dengan Prof. Dr Shaharir Mohamad Zain pada 23 Januari 2009, jam 10.30 pagi di Puri Pujangga, Universiti Kebangsaan Malaysia. 12 Temubual dengan Prof. Dr Shaharir Mohamad Zain pada 23 Januari 2009, jam 10.30 pagi di Puri Pujangga, Universiti Kebangsaan Malaysia. 13 Temubual dengan Prof. Dr Shaharir Mohamad Zain pada 23 Januari 2009, jam 10.30 pagi di Puri Pujangga, Universiti Kebangsaan Malaysia.
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boleh dihidupkan semula di dalam bentuk yang baru, begitu juga dengan ilmu daripada kajian sebegini. Ilmu etnosains ini bertapak di atas paradigma yang berbeza dengan paradigma sekarang, seperti dari segi sistem nilai, cara mengkonsepsikan alam yang lebih organik dan lebih holistik. Contoh yang mudah adalah berdasarkan sistem teknologi Melayu yang mempunyai unsur kerohanian dan lebih organik. Kesedaran ini amat penting bagi membolehkan pembudayaan sains dan teknologi yang lebih serasi dengan budaya dan konteks lokal di samping meningkatkan kreativiti dan keupayaan rakyat Malaysia mengungkapkan sains dan teknologi bagi kepentingan pembinaan bangsa Melayu yang lebih kukuh di peringkat tempatan mahupun antarabangsa. Proses pembinaan sains berdasarkan pandangan alam Melayu-Islam inilah yang beliau istilahkan pempribumian sains Melayu yang juga merupakan bentuk penterjemahan pengislaman sains di alam Melayu.
3.3
Prof. Dr. Khalijah Mohd Salleh
Tokoh pemikir Melayu Islam yang seterusnya adalah allahyarhamah Prof. Dr. Khalijah Mohd Salleh. Beliau merupakan seorang profesor wanita di dalam bidang fizik daripada Universiti Kebangsaan Malaysia (UKM). Beliau mendapat pendidikan fizik di University of California Davis, USA dan Kent University di England. Walaupun beliau mempunyai kepakaran di dalam bidang fizik, namun beliau banyak menjalankan penyelidikan dan penerbitan yang menghubungkan sains dengan masyarakat dan budaya. Usaha murni ini bertujuan untuk membangunkan masyarakat Melayu berasaskan sains dan teknologi yang selaras dengan budaya dan tradisi Islam. Beliau menganggap sains dan teknologi adalah alat pembangunan yang penting dan pada masa yang sama, tidak meminggikan dimensi sosial di dalam perkembangan sains dan teknologi di Malaysia. Beliau amat peka dengan masalah masyarakat Melayu yang terpinggir di dalam arus perkembangan sains dan teknologi semasa, dan atas kesedaran inilah, beliau cuba untuk menjadikan platform pendidikan sains sebagai landasan terbaik untuk memperbaiki kelemahan masyarakat Melayu, khususnya dikalangan pelajar-pelajar Melayu Islam di universiti. Beliau cuba menerapkan paradigma sains tauhidik di dalam pembelajaran sains dan teknologi bagi memastikan perkembangan sains dan teknologi di Malaysia lebih seimbang daripada aspek pembangunan fizikal dan spiritual. Sains dan teknologi diakui sebagai alat pembangunan sosial yang baik, tetapi
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tidaklah sehingga mengabaikan kualiti hidup masyarakat Melayu yang menekankan aspek ketuhanan. Sains tauhidik yang ditekankan oleh beliau merujuk kepada sains yang berpandukan paradigma tauhid yang mempunyai tiga entiti asas iaitu hubungan antara manusia yang berperanan sebagai hamba dan khalifah Allah, alam yang tidak terpisah daripada aspek kerohanian, serta Allah selaku pencipta manusia dan alam. Sains tauhidik ini mempunyai orientasi yang berbeza dengan sains moden yang dianggap sekular dan bebas nilai yang boleh meninggalkan kesan yang negatif terhadap masyarakat Islam. Oleh yang demikian, paradigma tauhidik ini penting untuk dijadikan sebagai model di dalam memberi panduan, mencorakkan serta membentuk aktiviti sains. Di dalam usaha memahami alam ini, beliau amat menekankan al-Quran sebagai sumber ilmu yang wajib dirujuk bagi mengetahui dan memberi panduan kepada manusia, dan digunakan untuk meningkatkan kefahaman ilmu sains mendasarkan perspektif Islam. Khalijah menganggap aktiviti sains sebagai sesuatu yang boleh meningkatkan kesedaran dan penghargaan manusia terhadap alam, dan dengan itu membawa manusia kepada Tuhan dan kehidupan beragama. Kegiatan sains haruslah tertakluk kepada peraturan beretika dan disinilah terletak kesepaduan antara peranan manusia sebagai khalifah dan sebagai hamba yang mematuhi syariah. Konsep sains tauhidik ini cuba diterapkan bermula di bilik darjah, dan diperkenalkan sebagai model sains alternatif kepada pelajar bagi membolehkan pengintegrasian di antara sains dan Islam lebih mudah berlaku. Proses ini diharapkan akhirnya mampu membudayakan sains di Malaysia mengikut ‘acuan sendiri’ yang lebih bersifat seimbang antara keperluan jasmani, rohani, ekonomi dan sebagainya. Pembudayaan sains dan teknologi yang lebih baik diharapkan dapat memacu perkembangan dan memastikan masyarakat Melayu Islam mempunyai daya intelektual dan kefahaman sains yang tinggi serta mampu membangunkan sains dan teknologi berpandukan paradigma tauhid. Sebagai seorang wanita profesional, kegiatan beliau mempunyai kaitan dengan cabaran wanita berdepan modeniti, kerana cabaran modeniti juga melibatkan golongan profesional seperti pensyarah dan sebagainya. Usaha yang dilakukan oleh beliau khususnya di dalam bidang sains boleh menjadi contoh bagaimana seorang wanita Muslim profesional menghayati kehidupan moden berdasarkan amalan Islam, dan berjaya mengungkapkan idea sains tauhidik di dalam profesional dan kehidupan seharian mereka. Ini merupakan manifestasi respons tokoh ini terhadap modeniti dan bagaimana menghadapi keadaan moden berdasarkan identiti Islam.
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3.4
Prof. Datin Dr. Azizan Baharuddin. Tokoh pemikir Melayu Islam yang terakhir yang ingin dibincangkan di dalam bahagian ini
adalah Prof. Datin Dr. Azizan Baharuddin. Beliau juga mempunyai latar belakang pendidikan sains dari Barat, iaitu di dalam bidang biologi dari University of Tasmania, Australia, dan kemudian menyambung pengajian di dalam bidang falsafah sains dari University College London. Beliau kini merupakan timbalan pengarah di Institut Kefahaman Islam Malaysia (IKIM), dan beliau juga pernah menyandang jawatan pengarah di Pusat Dialog Peradaban, Universiti Malaya (UM). Apabila menyentuh isu pengharmonian di antara sains dan teknologi, isu ini juga tidak dapat lari daripada isu pengislaman ilmu. Azizan mengakui bahawa beliau merupakan antara sarjana tempatan yang berjuang atas dasar pengislaman ilmu walaupun di bawah ‘banner’ atau ‘label’ yang lain iaitu melalui konsep sains yang mapan atau sustainability of science. Pendekatan yang digunakan oleh beliau mungkin agak berbeza dengan sarjana Islam yang lain, namun tidak dinafikan, beliau mempunyai alasan yang tersendiri mengapa beliau berjuang menggunakan pendekatan ini.14 Pengislaman sains juga kini sudah ada di bawah modul kemapanan bagi mengarus perdanakan sains Islam.15 Contohnya di dalam Piagam Bumi telah memperkatakan tentang budaya tempatan atau pribumi dan platform ini boleh digunakan untuk memajukan sains Islam. Sains Islam perlu bergerak di bawah modul ini bagi membolehkan agenda sains Islam berdepan dengan dunia bukan Islam dan konsep pembangunan mapan yang digunakan oleh United Nations Educational, Scientific and Cultural Organisation (UNESCO) boleh menjadi wadah memperkayakan ilmu dengan nilai kemanusiaan seperti yang dilakukan oleh World Commission on the Ethics of Scientific Knowledge and Technology (COMEST). Oleh itu, beliau berpendapat bahawa kita mesti memperbaharui apa yang dimaksudkan dengan sains Islam dan mengutarakan sesuatu yang baru bagi membantu memperluaskan konsep sains Islam ini.16 Contohnya menerusi kemapanan sains yang mana sekiranya bidang sains tulen
14
Temubual Prof Azizan Baharuddin, pada 2 Mac 2009, jam 3.00 petang di Pusat Dialog Peradaban, Universiti Malaya 15 Azizan Baharuddin, di dalam Forum Sains Islam: Pemangkin Peradaban Ummah, anjuran Institut Islam Hadhari, UKM, bertempat di Bilik Senat, UKM pada 18 Mac 2009. 16 Azizan Baharuddin, di dalam Forum Sains Islam: Pemangkin Peradaban Ummah, anjuran Institut Islam Hadhari, UKM, bertempat di Bilik Senat, UKM pada 18 Mac 2009
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ingin memberi penyelesaian kepada masalah manusia, perlu menjalinkan kerjasama dan komunikasi lebih kerap dengan pihak yang bukan di dalam sains tulen, seperti sains sosial. Sekiranya tiada kerjasama ini, akan tiada dimensi spiritual dan kerohanian di dalam sains dan di sinilah ruang untuk penggunaan kekuatan konsep sains Islam yang cuba dilibatkan bagi memenuhi tuntutan kehendak Allah. Bagi ‘mengarus perdanakan’ sains Islam ini, perlu juga kita menggunakan ‘bahasa’ atau ‘wacana’ yang digunakan oleh orang sekular seperti kecerdikan spiritual bagi mengisi keperluan kerohanian di dalam wacana tersebut.17 Ramai saintis Islam tidak dapat melihat kerelevanan agama di dalam sains. Oleh itu, bagi menarik minat golongan ini, beliau cuba membawakan konsep ‘mengempirikalkan spiritual dan mengspiritualkan sains’ atau ‘mengempirikalkan keagamaan dan mengagamakan sains’ (empirisizing sprituality and spiritualizing science). Beliau menghuraikan bahawa pendekatan ini cuba mensaintifikkan pemikiran tentang agama atau mengambil ilmu sains untuk memahami agama, dan juga mengspiritualkan sains yakni cuba memasukkan nilai-nilai kerohanian ke dalam sains. Terdapat masalah dengan agama di dalam sains kerana kurangnya kemahiran dalam mengkoordinasi kumpulan pelbagai agama serta kumpulan sekular dan humanist, usaha meningkatkan kualiti pendidikan keagamaan masih rendah dan perlunya pembangunan mapan berteraskan perhubungan sains dan agama. Masalah sains diberi perhatian di dalam gagasan yang digunakan di dalam sains, teknologi dan inovasi (STI) dan di UNESCO di mana ada kumpulan yang menuju ke arah ESTI (Ethics, Science, Technology and Innovation)18 dan salah satu manifestasi kumpulan ini adalah melalui bidang bioetika. Beliau juga melihat bahawa bidang bioetika ini merupakan penterjemahan daripada perluasan konsep pengislaman ilmu ini secara praktikal di peringkat antarabangsa dan tempatan. 19 Isu etika dan sains dan teknologi itu kini menjadi agenda penting UNESCO yang ingin meminimakan kesan negatif sains dan teknologi dan memaksimakan etika saintis itu sendiri dan menerusi perspektif Islam, al-Quran menjadi sumber penerangan dan maklumat yang diperlukan oleh manusia, kerana sains dan teknologi hanya mampu menjelaskan apakah alam dan bagaimana
17
Azizan Baharuddin, di dalam Forum Sains Islam: Pemangkin Peradaban Ummah, anjuran Institut Islam Hadhari, UKM, bertempat di Bilik Senat, UKM pada 18 Mac 2009 18 Temubual Prof Azizan Baharuddin, pada 2 Mac 2009, jam 3.00 petang di Pusat Dialog Peradaban, Universiti Malaya dan di dalam Azizan Baharuddin. 2007. Sumbangan Agama Terhadap Pembangunan Insan Melalui Sains dan Teknologi: Perspektif Worldview Al-Quran. Malaysian Jounal of Science and Technology Studies. Vol 5. m.s 57. 19 Temubual Prof Azizan Baharuddin, pada 2 Mac 2009, jam 3.00 petang di Pusat Dialog Peradaban, Universiti Malaya
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ia berfungsi tetapi tidak soalan kenapa alam itu mesti dipelihara dan kenapa manusia dicipta serta bagaimana (etika) manusia harus bertindak terhadap alam tersebut (Azizan Baharuddin 2007: 61).
Analisis Pemikiran Tokoh-tokoh Melayu Islam terpilih. Daripada huraian di atas berkaitan dengan pemikiran tokoh-tokoh sarjana Melayu Islam tempatan, penulis cuba memaparkan pemikiran sains Islam bagi menangani isu Islam, sains dan modeniti khususnya di Malaysia yang menyentuh kepada penglibatan aspek pemikiran sarjanasarjana Islam tempatan bagi menangani cabaran kontemporari modenisasi melalui wacana sains Islam. Sarjana-sarjana Melayu Islam yang dikaji melihat betapa pentingnya untuk menangani cabaran-cabaran modeniti yang timbul secara berterusan, contohnya cabaran terhadap aspek ilmu dan epistemologi khususnya di dalam ilmu sains tabii yang terlalu didominasi oleh Barat, yang boleh mengakibatkan penjajahan mental dan spiritual orang Islam serta pergantungan sepenuhnya terhadap ilmu Barat. Cabaran-cabaran sebegini perlu dihadapi bagi mempertahankan kepentingan tradisi ilmu yang berteraskan fahaman Islam supaya pembangunan dan pencapaian sains dan teknologi di Malaysia mampu menyeimbangkan di antara keperluan pembangunan material dan spiritual. Penciptaan sains dan teknologi tanpa “roh kerohanian” hanya akan menjadikan pembangunan di Malaysia pincang, dan seterusnya mengancam pembangunan yang lebih holistik yang diimpikan oleh orang-orang Islam. Terdapat tiga persamaan utama di dalam pemikiran wacana sains Islam yang diketengahkan oleh mereka. Persamaan yang pertama adalah percubaan mereka untuk membuktikan bahawa sains Barat tidak lagi dapat diterima pakai kerana kelemahan-kelemahan sains Barat itu sendiri. Bentuk penolakan mereka terhadap sains moden adalah sarjana Islam tempatan menolak pandangan alam Barat terhadap sains yang bertentangan dengan pandangan alam Islam, dan penggunaan sains dan teknologi yang tidak beretika, dan kemudian mereka cuba memberikan kritikan-kritikan falsafah di dalam hujah-hujah mereka. Namun begitu, pada masa yang sama, tidak dinafikan di peringkat praktikal, mereka masih menerima sains dan teknologi untuk pembelajaran di sekolah, universiti dan lain-lain. Mereka juga menekankan bahawa bentuk pendekatan sains menurut perspektif Islam yang lebih tulen sifat Islamiknya, dan juga mendedahkan bahawa sains kontemporari menurut perspektif Barat tidak boleh terus digunakan di dalam pembangunan sains mengikut acuan kita sendiri khususnya pembangunan sains di Malaysia.
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Selain itu, persamaan kedua iaitu mereka cuba mengintegrasikan perspektif ilmu sains dan juga perspektif Islam khususnya di dalam menangani isu-isu sains seperti isu etika dan sistem nilai yang melibatkan natijah penggunaan sains dan teknologi itu sendiri, isu paradigma dan kerangka sains menurut perspektif Islam dan isu-isu ini juga timbul bertitik tolak dengan kritikan sains daripada perspektif Barat seperti kritikan yang menunjukkan bahawa sains tidak lagi neutral, objektif dan bebas nilai serta dipengaruhi oleh budaya masyarakat tertentu, dan kritikan-kritikan lain, dan seiring dengan perkembangan falsafah sains ini, sarjana-sarjana Islam juga turut serta di dalam mengemukakan kritikan-kritikan terhadap ilmu sains kontemporari, tetapi berasaskan perspektif Islam. Bentuk pengintegrasian sains dan Islam adalah dari segi falsafah, sarjana-sarjana Islam menolak aspek epistemologi sains Barat, tetapi di peringkat praktikalnya, mereka masih lagi menerima sains Barat. Mereka tetap sedar akan kelemahan-kelemahan sains Barat yang diaplikasikan contohnya di dalam pendidikan dan penyelidikan sains, namun mereka cuba memasukkan komponen etika Islam di dalam pengaplikasian sains Barat. Di bahagian ini, pengintegrasian antara sains dan agama juga melibatkan aspek budaya (cultural accomodation). Persamaan ketiga ialah tahap perbincangan pemikiran di dalam wacana sains Islam mereka bukan lagi di tahap dasar seperti yang berkaitan dengan falsafah sains yang banyak dipengaruhi oleh kritikan sains oleh Barat, kini sarjana Islam masing-masing cuba terus mendalami dan menunjukkan bahawa wacana sains Islam tidak lagi boleh dianggap terhenti setakat ini setelah lebih 30 tahun dibincangkan di dalam dunia akademik. Terdapat usaha untuk menterjemahkan sains Islam ke dalam bentuk yang lebih konkrit walaupun sekiranya dilihat dari segi penterjemahan sains Islam ke dalam bentuk yang lebih praktikal adalah berbeza di antara satu sama lain. Usaha ini dapat dilihat menerusi percubaan Azizan Baharuddin menerusi sains Islam di bawah label kemampanan beliau serta penglibatan sains Islam di bawah ini di peringkat antarabangsa di dalam UNESCO, Shaharir Mohamad Zain dengan usaha etnosains dan pempribumian ilmu sains, Khalijah Salleh yang cuba menterjemahkan paradigma tauhidik ke dalam sistem pendidikan sains dan juga penekanan Osman Bakar bahawa sains Islam masih lagi terus hidup di dalam bidangbidang tertentu seperti astronomi, perubatan Islam dan lain-lain lagi. Masing-masing percaya bahawa sains Islam ini bukanlah sekadar satu perbincangan kosong yang tidak mempunyai sebarang implikasi yang berguna kepada masyarakat.
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Namun begitu, terdapat juga perbezaan di dalam intipati dan kandungan wacana sains Islam yang dibincangkan oleh sarjana-sarjana Melayu Islam tempatan dan ini menunjukkan kepelbagaian di dalam memperkembangkan wacana sains Islam ini. Perbezaan-perbezaaan ini dapat dijelaskan melalui huraian pemikiran-pemikiran sarjana Islam tempatan yang terpilih seperti yang di atas. Kandungan pemikiran sains Islam Osman Bakar lebih terarah kepada aspek sejarah dan falsafah sains sehinggakan definisi sains Islam yang ditekankan beliau juga menjurus kepada faktor sejarah. Begitu juga Shaharir Mohamad Zain yang menekankan isu pempribumian sains dan pembinaan sains bentuk baru dan definisi sains Islam yang dikemukakan menekankan aspek kritikan terhadap ilmu sains Barat dan seterusnya usaha untuk menerbitkan bentuk ilmu sains yang baru yang selari dengan perspektif Islam. Sementara itu, Khalijah yang amat peka dengan kedudukan sains dan teknologi orang Melayu sangat konsisten memperjuangkan usaha sains Islam melalui pendidikan tauhidik yang memerlukan kajian di dalam bidang kemasyarakatan dan aktiviti penyelidikan sains tabii supaya sains dan teknologi yang terhasil berpandukan paradigma tauhid mampu menjadi alat untuk pembangunan sosial bagi meningkatkan kualiti kehidupan orang Melayu. Selain itu, Azizan pula melihat isu pengharmonian sains dan agama sangat penting bukan sahaja di kalangan orang Islam, malah kepada seluruh manusia secara amnya. Tanpa pengharmonian hubungan sains dan agama, akan wujud krisis, contohnya seperti krisis yang dialami pada alam sekitar. Bagi menangani krisis sebegini, menuntut kepada pengharmonian hubungan sains dan agama melalui pendekatan yang lebih holistik, dan manifestasi usaha ini boleh diterjemahkan melalui usaha pengislaman ilmu sains. Isu krisis alam sekitar contohnya, bukanlah suatu krisis yang bersifat lokal sahaja, malah krisis ini juga merupakan satu masalah yang bersifat global, dan memerlukan penghayatan dan kesedaran di peringkat tempatan dan antarabangsa. Di atas kesedaran inilah, Azizan melihat bahawa wacana kemapanan sains mampu menjadi medium untuk menyuarakan kebimbangan dan keprihatinan beliau terhadap krisis-krisis sebegini yang disebabkan kepincangan sains dan teknologi moden. Huraian mengenai pemikiran sarjana-sarjana Melayu Islam memperlihatkan respons mereka terhadap sains, Islam dan modeniti. Namun yang jelas adalah asas penolakan sarjanasarjana ini terhadap sains moden dan modeniti Barat hanya berlaku di peringkat epistemologi sains moden dan modeniti Barat yang tidak selari dengan prinsip-prinsip Islam.
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Bibliografi Azizan, B. 2007. Sumbangan Agama Terhadap Pembangunan Insan Melalui Sains dan Teknologi: Perspektif Worldview al-Quran. Malaysian Journal of Science and Technology Studies. 5: 57-70. Khalijah Mohd Salleh. 2008. “Issues in the Islamisation of Natural Science.” Kertas kerja dibentangkan di dalam Bengkel Pendidikan Sains Tauhidik anjuran Institut Islam hadhari dan Jabatan Agama Islam Selangor (JAIS), Disember. Osman, B. 2008. Tawhid and Science: Islamic Perspectives on Religion and Science. Edisi Kedua. Shah Alam: Arah Publications. Shaharir, M. Z. 1998. “Towards A Quantum Leap in the Development of Islamic Science in Malaysia.” Di dalam Islam: Science and Technology, disunting oleh Anuar Ab Razak dan Abu Bakar Abdul Majeed, 47-76. Kuala Lumpur: Institute of Islamic Understanding Malaysia.
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KONSEP ‘AQL MENURUT AL-QUR’AN: SATU ANALISIS TEMATIK Muhamad Alihanafiah Norasid1 Mustaffa Abdullah2 Abstrak Al-Qur’an menuntut setiap insan agar berfikir. Kedudukan insan diangkat oleh Allah S.W.T sebagai sebaikbaik makhluk lantaran memiliki akal. Artikel ini bertujuan mendedahkan konsep akal yang dinyatakan dalam al-Qur’an. Ia merangkumi pengertian ‘aql menurut al-Qur’an dan para mufasir, terminologi ‘aql dalam al-Qur’an, fungsi ‘aql serta potensinya yang dinyatakan dalam al-Qur’an. Kajian ini berasaskan analisis tematik dengan merungkai kalimah ‘aql secara terperinci dalam al-Qur’an. Disentuh juga argumentasi barat mengenai akal yang dikaitkan dengan teori kecerdasan (IQ, EQ, dan SQ) yang berpusat di otak. Ternyata konsep akal versi barat dilihat berbeza dengan perspektif Islam yang menjunjung nilai ketuhanan (rabbani) sekaligus menjadi penghadang kepada insan daripada melakukan kemungkaran. Kata Kunci: ‘Aql, Tematik, IQ, EQ, SQ
Pendahuluan ‘ Aql atau akal merupakan wahana terpenting bagi pembangunan intelektual modal insan. Berhubung dengan konsep akal dalam al-Qur’an, kalimah yang berasal daripada kata akar “‘aql” telah dimuatkan di dalam al-Qur’an sebanyak 49 kali dengan pelbagai bentuk lafaz ( )صيغةiaitu ta‘qilun sebanyak 24 kali, ya‘qilun sebanyak 22 kali, dan ‘aqaluh, na‘qilu, serta ya‘qiluha sebanyak sekali.3 Malah kalimah ta‘qilun yang didatangkan dalam bentuk al-istifham al-inkari sebanyak 13 kali bermaksud “apakah kamu tidak berfikir?” sebagai fungsi bagi menyemarakkan ( )اإلَلابkesedaran umat4 untuk menggunakan potensi akal dengan sebaiknya. Definisi Akal Menurut Islam dan Terminologinya dalam al-Qur’ an Begitu hebat anugerah dan potensi akal telah dirakamkan dalam al-Qur’ an menjentik kesedaran kepada manusia akan kepentingan memeliharanya sebagai komponen terpenting pembangunan modal insan. Nyatanya, kedudukan akal mewakili dua potensi dan kecenderungan manusia iaitu rasional dan intuitif.5 Perbincangan konsep akal juga tidak sunyi daripada membicarakan tradisi keintelektualan. Tradisi keintelektualan Islam terbina dengan perkembangan dwidaerah keintelektualan Islam iaitu ilmu ma‘ rifah dan ilmu falsafah atau hikmah. Kedua-dua keintelektualan terbabit disatukan dengan asas tauhid serta didasari pada satu sumber Ilahiah yang
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Felo SLAI (Dr.), Jabatan Al-Qur’an dan Al-Hadith, Akademi Pengajian Islam, Universiti Malaya, Kuala Lumpur. Prof. Madya (Dr.), Jabatan Al-Qur’an dan Al-Hadith, Akademi Pengajian Islam, Universiti Malaya, Kuala Lumpur. ‘ Abd al-Baqi, Muhammad Fu’ ad, al-Mu‘ jam al-Mufahras li Alfaz al-Qur’ an (Kaherah: Dar al-Hadith, 2007), 575. Al-Qaradawi, Yusuf ‘ Abd Allah, al-‘ Aql wa al-‘ Ilm fi al-Qur’ an al-Karim (Beirut: Mu’ assasah al-Risalah, 2001), 13. Ibid., 198.
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dimanifestasi dalam semua pemikiran muslim.6 Justeru, akal yang sejahtera menurut Ibn Taymiyah (m. 728H) pastinya tidak akan bertentangan dengan wahyu yang sahih lantaran ia datang daripada Allah S.W.T.7 Ibn Manzur mendefinisikan kata dasar ‘ aql kepada beberapa makna, antaranya akal fikiran, kepintaran, menahan, mencegah, membezakan, tali pengikat, dan ganti rugi.8 Sebagaimana definisi yang dikemukakan oleh Ibn Manzur, Syed Naquib al-Attas juga menyifatkan akal sebagai ‘ organ’ yang menahan objek ilmu dengan kata-kata atau dengan perlambangan yang lain.9 Kalimah ‘ al-hijr’ menurut al-Sajistani (m. 330H) turut dikaitkan dengan pengertian al-‘ aql.10 Kalimah ‘ al-hijr’ yang dirakamkan dalam surah al-An‘am 6:138, al-Hijr 15:80, dan al-Fajr 89:5 membawa maksud ‘ menahan daripada perkara yang tidak baik’ .11 Perkaitan sifat ‘ mengikat’ dan ‘ menahan’ dengan akal adalah bertepatan dengan ciri individu yang berakal bahawa mereka mampu menahan diri serta mengikat hawa nafsu.12 Muhammad ‘ Imarah13 pula mendeskripsikan akal bukanlah sebagai sebahagian anggota tubuh, akan tetapi ia adalah satu proses aktiviti taakul.14 Hal ini selari dengan kenyataan al-Ghazali bahawa akal adalah sifat dan ia bukanlah objek yang boleh disentuh (‘ arad) apabila dinisbahkan kepada ilmu.15 Ekoran sifat akal yang tidak boleh ditanggapi oleh pancaindera, berlaku
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Naumana Amjad, “ Psike dalam Gnosis dan Filsafat Islam” , dalam Al-Qur’ an Bicara Tentang Jiwa, ed. Zafar Afaq Ansari, terj. Abdullah Ali (Bandung: Penerbit Asary (Kelompok Mizan), 2003), 31. Ibn Taymiyah, Taqi al-Din Abu al-‘ Abbas Ahmad bin ‘ Abd al-Halim bin ‘ Abd al-Salam al-Harrani, Jami‘ al-Masa’ il li Ibn Taymiyah, ed. Muhammad ‘ Uzayr Shams (Makkah al-Mukarramah: Dar ‘ Alim al-Fawa’ id li al-Nashr wa al-Tawzi‘ , 2001), 3:180. Rujuk juga Ibn Taymiyah, Taqi al-Din Abu al-‘ Abbas Ahmad bin ‘ Abd al-Halim bin ‘ Abd al-Salam al-Harrani, Majmu‘ al-Fatawa, ed. ‘ Abd al-Rahman bin Muhammad bin Qasim (al-Madinah al-Nabawiyyah: Majma‘ al-Malik Fahd li Tiba‘ah al-Mashaf al-Sharif, 1995), 7:665. Ibn Manzur, Muhammad Mukarram ‘ Ali Abu al-Fadl, Lisan al-‘ Arab (Beirut: Dar al-Sadir, 1993/1994), 11:457-461. Syed Naquib al-Attas, Islam dan Filsafat Sains: Islam and The Philopsophy of Science, terj. Saiful Muzani (Kuala Lumpur: ISTAC Malaysia, 1989), 41. Al-Sajistani, Muhammad bin ‘ Uzayr Abu Bakr al-‘ Uzayri, Gharib al-Qur’ an al-Musamma bi Nuzhat alQulub, ed. Muhammad Adib ‘ Abd al-Wahid Jamran (Syria: Dar Qutaybah, 1995), 203. Al-Nawawi, Abu Zakariyya Muhy al-Din Yahya bin Sharaf, al-Tibyan fi Adab Hamalat al-Qur’ an, ed. Muhammad al-Hajjar, cet. ke-3 (Beirut: Dar Ibn Hazm li al-Tiba‘ah wa al-Nashr wa al-Tawzi‘ , 1994), 10. Rujuk juga al-Qayrawani, ‘ Ali bin Faddal bin ‘ Ali bin Ghalib al-Mujashi‘ i, al-Nukat fi al-Qur’ an al-Karim (fi Ma‘ ani al-Qur’ an al-Karim wa I‘ rabih), ed. ‘ Abd Allah ‘ Abd al-Qadir al-Tawil (Beirut: Dar al-Kutub al‘ Ilmiyyah, 2007), 554. Taufik Pasiak, Revolusi IQ, EQ, SQ (Kuala Lumpur: PTS Millenia Sdn. Bhd., 2008), 194. Merupakan seorang pemikir Islam terkemuka abad ini. Berkelulusan doktor falsafah (Ph.D) daripada Universiti al-Qahirah, Mesir dalam pengkhususan falsafah Islamiah. Beliau juga merupakan salah seorang anggota Majma‘ al-Buhuth al-Islamiyyah (panel penyelidikan Islam) di al-Azhar, Kaherah. Seorang yang berparadigma wasati serta mempromosikan idea kesatuan umat Islam. Sila lihat “ Muhammad ‘ Imarah” , dikemas kini 1 Februari 2016, dicapai pada 20 Februari 2016, https://ar.m.wikipedia.org/wiki/مْمد_عماِة. Muhammad ‘Imarah Mustafa ‘Imarah, Azmat al-Fikr al-Islami al-Hadith (Beirut: Dar al-Fikr al-Mu‘asir, 1998), 20. Al-Ghazali, Abu Hamid Muhammad bin Muhammad al-Tusi, Ihya’ ‘Ulum al-Din (Beirut: Dar al-Ma‘rifah, t.t.), 3:4.
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perselisihan dalam kalangan ahli ilmu mengenai kedudukan akal dalam jasad manusia. Walau bagaimanapun, secara amnya, kedudukan akal menurut Ibn Qutaybah (m. 276H) dan al-Nahhas (m. 338H) adalah di kalbu.16 Al-Raghib al-Asfahani (m. 502H) pula menyebutkan, kalimah qalb yang terkandung dalam surah Qaf 50:37 merujuk kepada akal dan ilmu. Firman Allah S.W.T:17 Terjemahan: Sesungguhnya (keterangan-keterangan dan peristiwa-peristiwa) yang tersebut itu, tidak syak lagi mengandungi pengajaran bagi sesiapa yang mempunyai hati (yang sedar pada masa membacanya), atau yang menggunakan pendengarannya dengan bersungguh-sungguh (kepada pengajaran itu) dengan menumpukan hati dan fikiran kepada-Nya. Daripada huraian ayat di atas, al-Suyuti (m. 911H) memetik riwayat Mujahid (m. 104H) bahawa qalb bererti akal. Dengan tafsiran Mujahid tersebut, al-Suyuti menjelaskan kedudukan akal berada di kalbu.18 Beliau turut menegaskan akal bukan berada di kepala tetapi di dada dengan pendalilan daripada surah al-Hajj 22:46, firman Allah S.W.T:19 Terjemahan: Oleh itu, bukankah ada baiknya mereka mengembara di muka bumi supaya - dengan melihat kesan-kesan yang tersebut - mereka menjadi orangorang yang ada hati, yang dengannya mereka dapat memahami, atau ada telinga, yang dengannya mereka dapat mendengar? (Tetapi kalaulah mereka mengembara pun tidak juga berguna) kerana keadaan yang sebenarnya bukanlah mata kepala yang buta, tetapi yang buta itu ialah mata hati yang ada di dalam dada. Dalil di atas menjadi ‘ pengikat’ bahawa ‘ aql tidak berada di otak kerana kalimah qalb membawa maksud akal. Malah, menurut Zakariyya al-Ansari (m. 926H), pandangan yang mendakwa ‘ aql berpusat di otak adalah pandangan yang lemah.20 Akal sememangnya menjadi satu potensi khusus yang disiapkan dalam diri manusia bagi menerima pengetahuan. 21 Hubungan akal dengan hati (qalb) menurut Seyyed Hossein Nasr adalah aktiviti akal sebagai cerminan 16
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Ibn Qutaybah, Abu Muhammad ‘ Abd Allah bin Muslim al-Dinawari, Ta’ wil Mushkil al-Qur’ an, ed. Ibrahim Shams al-Din (Beirut: Dar al-Kutub al-‘ Ilmiyyah,t,t.), 98. Lihat juga al-Nahhas, Abu Ja‘ far Ahmad bin Muhammad bin Isma‘il bin Yunus al-Muradi al-Nahwi, I‘ rab al-Qur’ an, ed. ‘ Abd al-Mun‘ im Khalil Ibrahim (Beirut: Dar al-Kutub al-‘ Ilmiyyah, 2000), 4:160. Al-Raghib al-Asfahani, Abu al-Qasim al-Husayn bin Muhammad, al-Mufradat fi Gharib al-Qur’ an, ed. Safwan ‘ Adnan al-Dawudi (Damsyik: Dar al-Qalam, 1991/1992), 477. Al-Suyuti, ‘ Abd al-Rahman bin Abi Bakr Jalal al-Din, al-Iklil fi Istinbat al-Tanzil, ed. Sayf al-Din ‘ Abd alQadir al-Katib (Beirut: Dar al-Kutub al-‘ Ilmiyyah, 1981), 244. Al-Suyuti telah mengupas terminologi “qalb” yang membawa maksud akal daripada tafsiran beliau terhadap surah al-A‘ raf 7:179, Qaf 50:37, dan al-Hajj 22:46. Sila lihat Ibid.,184. Rujuk juga al-Suyuti, ‘ Abd al-Rahman bin Abi Bakr, Jalal al-Din, Mu‘ tarak al-Aqran fi I‘ jaz al-Qur’ an (Beirut: Dar al-Kutub al-‘ Ilmiyyah, 1988), 1:190. Al-Ansari, Zakariyya bin Muhammad bin Ahmad bin Zakariyya Zayn al-Din al-Saniki, Fath al-Rahman bi Kashf Ma Yaltabis fi al-Qur’ an, ed. Muhammad ‘ Ali al-Sabuni (Beirut: Dar al-Qur’ an al-Karim, 1983), 385. Al-Raghib al-Asfahani, al-Mufradat fi Gharib al-Qur’ an, 577.
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kecerdasan hati, serta akal menjadi pusat keyakinan dan iktikad manusia.22 Dengan itu, dapatlah dinyatakan bahawa akal bukan hanya sebagai medium yang menyerap pengetahuan serta menanggapi fakta, bahkan ia berfungsi sebagai ‘ jejambat’ antara Tuhan dengan manusia bagi mempertingkat keimanan. Manakala insan berakal pastinya menyingkap erti hidup bertuhan, mencari kelazatan buat jiwa, serta menyediakan bekalan untuk hari kemudian.23 Selain qalb, kalimah fu’ad ()فؤاد24 menurut al-Qaradawi turut digunapakai sebagai ganti nama ‘aql. Ulas al-Qaradawi, fu’ ad serta kata terbitannya, sering dirujuk sebagai wasilah atau ‘ alat’ fundamental bagi memperoleh ilmu selain bekalan ‘ alat’ pendengaran dan penglihatan.25 Firman Allah S.W.T: Terjemahan: Dan janganlah engkau mengikut apa yang engkau tidak mempunyai pengetahuan mengenainya; Sesungguhnya pendengaran dan penglihatan serta hati, semua anggota-anggota itu tetap akan ditanya tentang apa yang dilakukannya. Kalimah fu’ ad menurut Fakhr al-Din al-Razi dalam ayat di atas membawa maksud akal. Tafsiran beliau terhadap ayat di atas menampilkan konsep ilmu yang dimanfaatkan oleh dua komposisi dalam diri manusia iaitu pancaindera berupa pendengaran dan penglihatan, serta akal (fu’ ad). Selanjutnya, beliau membahagikan ilmu yang diperoleh menerusi akal kepada dua bahagian, iaitu ilmu yang diperoleh secara aksiom tanpa berhajat kepada usaha ()البديهية, dan ilmu yang diperoleh melalui usaha ()الكسبية.26
Fungsi Akal dalam al-Qur’an Perbahasan akal menurut al-Qur’an mengandungi beberapa tema. Berdasarkan penelitian keseluruhan konteks ayat mengenai akal, memanfaatkan potensi akal menurut neraca al-Qur’ an
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Seyyed Hossein Nasr, Knowledge and The Sacred (Edinburgh: Edinburgh University Press, 1981), 174. HAMKA, Haji Abdulmalik Abdulkarim Amrullah, Falsafah Hidup (Shah Alam: Pustaka Dini, 2009), 64. Kalimah “ ”فؤادserta kata terbitannya disebutkan di dalam al-Qur’an sebanyak 16 kali. Lapan ayat daripadanya merupakan gandingan kalimah “ ”فؤادdengan “( ”َسعdengar) dan “( ”بصرlihat). Kalimah “fu‘ad” dalam al-Qur’an
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secara amnya menerbitkan makna akal apabila dikombinasikan dengan lafaz “al-sam‘ ” dan “al-basar” . “ Fu’ ad” juga merujuk kepada makna “ hati” sekiranya tidak digandingkan dengan pancaindera yang lain. Sila rujuk ‘ Abd al-Baqi, al-Mu‘ jam al-Mufahras li Alfaz al-Qur’ an, 621-622. Al-Qaradawi, Yusuf ‘ Abd Allah, al-‘ Aql wa al-‘ Ilm fi al-Qur’ an al-Karim (Beirut: Mu’ assasah al-Risalah, 2001), 30. Fakhr al-Din al-Razi, Mafatih al-Ghayb (Beirut: Dar Ihya’ al-Turath, 1999), 20:341.
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bermaksud menggunakan akal dengan memahami serta menuruti kalamullah,27 mengingati diri untuk melakukan kebaikan,28 melihat tanda-tanda kebesaran dan kekuasaan Allah S.W.T,29 menzahirkan kebenaran serta tidak berbantah dengannya,30 tidak menjadikan golongan kafir sebagai teman kepercayaan,31 tidak terpedaya dengan kehidupan dunia serta mengingati akhirat,32 ihsan kepada ibu bapa, tidak membunuh anak-anak lantaran kemiskinan yang menimpa, meyakini rezeki kurniaan Allah S.W.T, tidak mendekati perbuatan keji, tidak membunuh melainkan dengan alasan yang benar,33 tidak mengharapkan imbalan dunia sebaliknya hanya berharap kepada Allah,34 serta merenungi penurunan al-Qur’ an dalam bahasa Arab.35 Di samping itu, saranan al-Qur’ an juga memaparkan bahawa akal wajar difungsikan dengan memerhatikan tinggalan sejarah kaum terdahulu agar tidak tertimpa kepada mereka,36 berfikir lalu meyakini keesaan Allah S.W.T,37 memahami hukum-hakam seperti adab memasuki rumah dan menghuninya,38 menyedari kehidupan dan kesenangan dunia yang fana,39 menyedari peranan syaitan yang menyesatkan manusia,40 merenungi kejadian manusia yang dihidupkan dalam tempoh tertentu,41 melihat perumpamaan-perumpamaan ( )األمثالdalam al-Qur’an,42 tidak 27
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Ia terkandung dalam surah al-Baqarah 2:75 dan 170, Yusuf 12:2, dan al-Anbiya’ 21:10. Manakala pada surah Yunus 10:16, ayat tersebut menegaskan peranan akal untuk berfikir dengan tidak mendustakan ayat-ayat Allah. Terdapat dalam surah al-Baqarah 2:44. Terdapat dalam surah al-Baqarah 2:73 (berkaitan penghidupan semula makhluk oleh Allah S.W.T setelah dimatikan), al-Baqarah 2:242 (berkaitan hak pemilikan harta oleh wanita setelah diceraikan), al-Mu’ minun 23:80 (renungan mengenai kekuasaan Allah S.W.T yang menghidupkan dan mematikan, serta fenomena siang dan malam), al-Shu‘ ara’ 26:28 (berkaitan kuasa Allah S.W.T yang tidak boleh ditandingi oleh mana-mana makhluk), al-Baqarah 2:164 (berkaitan fenomena alam berupa penggantian malam dan siang, kapal yang berlayar, penurunan air dari langit, dan peredaran angin dan awan), al-Ra‘ d 13:4 (berkaitan kejadian kebunkebun tanaman), al-Nahl 16:12 (berkaitan pergantian malam dan siang serta peredaran matahari, bulan, dan bintang), al-Nahl 16:67 (berkaitan nikmat anggur dan kurma), al-Hajj 22:46 (berkaitan tuntutan berjalan di atas muka bumi Allah), al-Jathiyah 45:5 (melihat fenomena pergantian siang dan malam serta rezeki yang diturunkan oleh Allah S.W.T dari langit yang menghidupkan bumi setelah kering. Dimuatkan juga mengenai peredaran angin), al-Hadid 57:17, al-‘ Ankabut 29:63, al-Rum 30:24 (mencermati fenomena kilat dan kejadian bumi yang dibasahi setelah kering). Disebutkan dalam surah al-Baqarah 2:76, Ali-‘ Imran 3:65, al-Baqarah 2:171, al-Anfal 8:22. Dinyatakan dalam surah Ali-‘ Imran 3:118. Dirakamkan dalam surah al-An‘ am 6:32, al-A‘ raf 7:169, Yusuf 12:109, al-Mulk 67:10. Terdapat dalam surah al-An‘ am 6:151. Surah Hud 11:51. Surah Yusuf 12:2, dan al-Zukhruf 43:3. Surah Yusuf 12:109, al-Saffat 37:138, dan al-‘ Ankabut 29:35. Surah al-An‘ am: 151, dan al-Anbiya’ 21:67. Surah al-Nur 24:61. Surah al-Qasas 28:60. Surah Yasin 36:62. Surah Ghafir 40:67, dan Yasin 36:68. Ia terkandung dalam surah al-‘ Ankabut 29:43 (Dimuatkan contoh sarang labah-labah yang begitu rapuh yang diumpamakan sebagai mereka yang meminta pelindung selain daripada Allah S.W.T), al-Rum 30:28 (perumpamaan seorang hamba yang memiliki harta seperti tuannya. Maka, tuannya berasa tergugat dengan kedudukan hamba tersebut. Tamsilan ini dinyatakan bagi menyaksikan Allah S.W.T yang tiada sekutu, malah Allah S.W.T Maha Esa).
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mempermainkan agama,43 tidak melakukan pendustaan terhadap Allah,44 mendengar seruan Nabi s.a.w,45 beriman kepada Allah S.W.T,46 tidak bertuhankan nafsu,47 tidak mengambil penolong selain Allah,48 beradab dengan Rasulullah s.a.w,49 serta menjauhi sifat munafik.50 Keseluruhan tema tersebut dapatlah dibahagikan kepada tiga kategori utama iaitu teologi yang bersangkut-paut dengan keimanan, kosmologi yang berkaitan dengan kefahaman terhadap alam, dan etika yang berhubung dengan keperibadian serta etika sosial.51
Terminologi Potensi Akal dan Orang yang Berfikir dalam al-Qur’ an Hasil penelitian, medan semantik bagi fungsi akal di dalam al-Qur’ an pula memaparkan, terdapat sepuluh kalimah di dalam al-Qur’ an yang memiliki korelasi dengan potensi akal iaitu tadabbara (merenungkan),52 faqiha (mengerti),53 fahima (memahami),54 nazara (memerhati),55 adraka (mengesan atau menyedari),56 i‘ tabara (mengambil pengajaran),57 dhakara (mengingat),58 ‘ alima (mengetahui),59 tafakkara (memikirkan),60 dan basara61 (melihat dengan mata hati).62
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Surah al-Ma’ idah 5:58. Surah al-Ma’ idah 5:103. Surah Yunus 10:42. Surah Yunus 10:100. Surah al-Furqan 25:44. Surah al-Zumar 39:43. Surah al-Hujurat 49:4. Surah al-Hashr 59:14. Taufik Pasiak, Revolusi IQ, EQ, SQ, 210. Terdapat empat ayat yang mengandungi kalimah “ tadabbara” dan “ yaddabbaru”. Kesemua kalimah tersebut menegaskan tuntutan merenungi ayat-ayat al-Qur’ an. ‘ Abd al-Baqi, al-Mu‘ jam al-Mufahras li Alfaz alQur’ an al-Karim, 310. Kalimah “ faqiha” dan kata terbitannya terkandung dalam 20 ayat. Pengertian “ faqiha” diguna pakai sebagai saranan untuk mencari makna di samping berusaha untuk memahami. Makna “ faqiha” dilihat sinonim dengan kalimah “ fahima”. Lihat ibid., 635. Lafaz “ fahima” dengan penggunaan kata terbitan “ fahhamna” hanya terdapat di dalam satu ayat al-Qur’ an, iaitu pada surah al-Anbiya’ 21:79. Ayat tersebut mengisahkan, Allah S.W.T telah memberikan kefahaman kepada Nabi Sulayman a.s berupa hikmah dan ilmu dalam membuat keputusan hukuman terhadap pemilik kambing lantaran kambing-kambing tersebut telah memusnahkan tanaman pemilik tanaman pada waktu malam. Sila rujuk Mujahid bin Jabr Abu al-Hajjaj al-Tabi‘i al-Makki al-Qurashi al-Makhzumi, Tafsir Mujahid, ed. Muhammad ‘ Abd al-Salam Abu al-Nil, (Mesir: Dar al-Fikr al-Islami al-Hadithah, 1989), 473. Kalimah “ nazara” dan kata terbitannya disebut sebanyak 129 kali dalam al-Qur’ an. ‘ Abd al-Baqi, al-Mu‘ jam al-Mufahras li Alfaz al-Qur’ an, 799-800. Ia terkandung pada 12 ayat dalam al-Qur’ an. Sila rujuk ibid., 315. Kalimah “ i‘ tabara” dimuatkan pada sembilan ayat dalam al-Qur’ an, Sila lihat ibid., 546. Terdapat 392 ayat yang mengandungi kalimah “ dhakara”. Lihat ibid., 332-338. Terdapat lebih 800 ayat yang memuatkan kalimah yang terbina daripada kata dasar “ ‘ alima”. Sila lihat ibid., 576-591. Kalimah “ tafakkara” terdapat dalam 18 ayat dalam al-Qur’ an. Rujuk ibid., 635-636. Kalimah “ basara” boleh diperhatikan dalam 148 ayat dalam al-Qur’ an. Sila lihat ibid., 148-150. Hubungan akal dengan kalimah-kalimah tersebut adalah berdasarkan tinjauan penulis terhadap ayat-ayat alQur’ an di samping merujuk kepada beberapa karya ilmiah. Antaranya, sila rujuk Muhammad ‘ Imarah, Azmat
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Bagi merekayasa modal insan acuan al-Qur’ an, kesepuluh-sepuluh potensi akal tersebut seharusnya digilap. Firman Allah S.W.T: Terjemahan: Dan sesungguhnya Kami telah memuliakan anak-anak Adam; dan Kami telah beri mereka menggunakan berbagai-bagai kenderaan di darat dan di laut; dan Kami telah memberikan rezeki kepada mereka dari benda-benda yang baik-baik serta Kami telah lebihkan mereka dengan selebih-lebihnya atas banyak makhluk-makhluk yang telah Kami ciptakan. Menerusi ayat di atas, Al-Wahidi (m. 468H) telah menyebutkan bentuk-bentuk kemuliaan yang telah dianugerahkan Allah kepada sekalian manusia iaitu akal, pertuturan, dan kemampuan membezakan ()التمييز.63 Justeru, akal menjadi sumber paling mustahak bagi modal insan yang berfikir. Begitu juga terdapat variasi ayat yang merujuk kepada orang-orang yang berakal dengan pelbagai konotasi iaitu ulu al-albab64, ulu al-nuha65, ulu al-absar66, ulu al-‘ilm67,‘ulama’68, al-
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al-Fikr al-Islami al-Hadith, 20. Juga lihat Harun Nasution, Akal dan Wahyu dalam Islam (Indonesia: UI PRESS, 1989), 33-34, Taufik Pasiak, Revolusi IQ, EQ, SQ, 211. Al-Wahidi, Abu al-Hasan ‘ Ali bin Ahmad bin Muhammad bin ‘ Ali al-Naysaburi, al-Wajiz fi Tafsir al-Kitab al-‘ Aziz, ed. Safwan ‘ Adnan Dawudi, (Damsyik: Dar al-Qalam, 1994/1995), 642. Sebanyak 16 kali kalimah “ ulu al-albab” disebutkan dalam al-Qur’ an bagi merakamkan ciri-ciri golongan “ ulu al-Albab” . Meskipun kalimah “ al-‘ aql” tidak disebut dalam bentuk “ ism” atau kalimah “ al-‘ aql” itu sendiri, menurut al-Qaradawi, terdapat kalimah berbentuk “ism” lain dinaskan di dalam al-Qur’an yang seerti dengan akal iaitu “al-lubb” (kata jamaknya “al-albab”). Menurutnya, “lubb” bermaksud antonim kepada kulit ()قشر. Dengan kata lain, ujarnya “lubb” ialah akal, manakala “qashr” ( )قشرpula adalah jasad. Sila rujuk alQaradawi, Yusuf, al-‘Aql wa al-‘Ilm fi al-Qur’an al-Karim, Beirut: Mu’assasah al-Risalah, 23. ‘Abd al-Baqi, alMu‘jam al-Mufahras li Alfaz al-Qur’an al-Karim, 744. Siddiq Fadzil menambah, ulu al-albab adalah golongan ilmuwan mukmin yang mampu melihat yang tersirat di sebalik yang tersurat serta dapat menyingkap hakikat di sebalik tanda-tanda kebesaran Allah S.W.T. Sila rujuk Siddiq Fadzil, “ Ulu al-Albab: Citra Ilmuwan Rabbani dalam Al-Qur’ an” dalam Pembangunan Insan: Aspirasi dan Realiti, ed. Ahmad Mohamad Said dan Khalidah Salekan (Kajang: Kolej Dar al-Hikmah, 2007), 203. “ Ulu al-Nuha” terkandung dalam dua ayat dari surah yang sama, iaitu Taha 20:54 dan 128. Kalimah “ nuha” adalah kata nama lain bagi akal yang bermaksud “ menegah” . Hubungan “ ulu al-Nuha” dengan akal ialah seseorang yang berakal (ulu al-Nuha) akan menegah sebarang perkara yang tidak seharusnya dilakukan oleh insan. Sila rujuk Al-Qaradawi, Yusuf, al-‘ Aql wa al-‘ Ilm fi al-Qur’ an al-Karim, 29. Lihat juga ‘ Abd al-Baqi, al-Mu‘ jam al-Mufahras li Alfaz al-Qur’ an, 814. Frasa “ulu al-Absar” terdapat pada empat ayat iaitu; Pertama, dalam surah Ali-‘ Imran 3:13 yang membicarakan saranan Allah S.W.T terhadap manusia agar melihat dengan mata hati mereka mengenai kemenangan umat Islam yang optimis akan janji Allah. Kedua, dalam surah al-Nur 24:44 mengenai tuntutan melihat di sebalik yang tersurat akan kejadian siang dan malam. Ketiga, dalam surah Sad 38:45, tentang anugerah ilmu yang tinggi (ulu al-Absar) yang dikurniakan Allah S.W.T kepada Nabi Ibrahim, Ishaq, dan Ya‘ qub. Keempat, mengenai saranan al-Qur’ an kepada manusia agar mengambil pengajaran daripada sikap orang kafir yang menentang Islam dalam surah al-Hashr 59:2. Sila rujuk ibid., 150. Ia terkandung dalam satu ayat sahaja iaitu pada surah Ali-‘ Imran 3:18. Lihat ibid., 588. Kalimah “‘ ulama’ ” disebut sebanyak dua kali, dan terdapat dalam surah al-Shu‘ ara’ 26:197 dan Fatir 35:28. Sila lihat ibid., 584.
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rasikhun fi al-‘ ilm69, dhu ‘ ilm70, dhi al-hijr71, dan ahl al-dhikr.72 Perhatian al-Qur’ an terhadap konsep akal menyaksikan akal adalah anugerah terulung buat insan sekali gus mengangkat insan sebagai sebaik-baik makhluk ciptaan Allah S.W.T. Bertolak daripada kemuliaan dan ketinggian akal yang dimiliki insan, atas kesanggupan mereka, mereka telah dinobatkan sebagai pentadbir (khalifah)73 bagi menjalankan amanah di bumi. Hal ini dirakamkan dalam al-Qur’ an, firman Allah S.W.T: Terjemahan: Sesungguhnya Kami telah kemukakan tanggungjawab amanah kepada langit dan bumi serta gunung-ganang (untuk memikulnya), maka mereka enggan memikulnya dan bimbang tidak dapat menyempurnakannya; lalu dipikullah amanah itu oleh manusia. Sesungguhnya manusia itu zalim dan bodoh. Menurut al-Maraghi (m. 1371H), amanah yang dimaksudkan dalam ayat di atas ialah segala taklifan agama. Amanah yang dipikul oleh insan dipertanggungjawabkan ke atas mereka berikutan kesediaan mereka menerimanya berbanding makhluk lain.74 Daripada penggalasan amanah terbabit, ulas ‘ Abd al-Rahman al-Sa‘ di (m. 1376H), muncullah tiga kelompok manusia iaitu, pertama: Munafik – Mereka menonjolkan diri mereka sebagai insan yang benar-benar melaksanakan amanah, akan tetapi mereka tidak mengerjakannya. Kedua: Musyrik – Mereka tidak mempedulikan langsung amanah tersebut. Ketiga: Mukmin – Mereka melaksanakan amanah tersebut zahir dan batin.75 Justeru, al-Maraghi menambah, kepelbagaian reaksi manusia terhadap
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Terdapat dalam dua ayat iaitu pada surah Ali-‘ Imran 3:7 dan al-Nisa’ 4:162. Rujuk ibid., 384. Disebutkan sebanyak dua kali dalam surah yang sama iaitu Yusuf 12:68 dan 76. Ibid., 588. Kalimah “ dhi al-hijr” hanya disebutkan sekali dalam surah al-Fajr 89:5, mengenai saranan terhadap orangorang yang berakal untuk melihat sumpahan Allah S.W.T. Berikutan penggunaan kalimah “al-hijr”, Ibn Abi Hatim (m. 327H) mentafsirkan “hijr” sebagai penutup daripada api neraka. Lalu, mereka yang bergelar “ dhi alhijr” akan berusaha menjauhi diri mereka daripada azab api neraka. Sila lihat Ibn Abi Hatim, Abu Muhammad ‘ Abd al-Rahman bin Muhammad bin Idris bin Mundhir al-Tamimi, Tafsir al-Qur’ an al-‘ Azim, ed. As‘ ad Muhammad al-Tayyib, cet. ke-3 (Arab Saudi: Maktabah Nizar Mustafa al-Baz, 1998), 10:3425. Disebutkan sebanyak dua kali iaitu dalam surah al-Nahl 16:43 dan surah al-Anbiya’ 21:7. Allah S.W.T memerintahkan manusia agar merujuk kepada mereka yang berilmu (ahl al-dhikr) sekiranya mereka tidak dapat menangani sesuatu problematika. Sila lihat ‘ Abd al-Baqi, al-Mu‘ jam al-Mufahras li Alfaz al-Qur’ an, 118. Ruang lingkup terminologi ‘khalifah’ tidak hanya membawa maksud “ pengganti” . Malah Abu al-A‘ la alMawdudi (m. 1979) mendefinisikan khalifah sebagai wakil (الوكيل/)النائب, pelaksana ()املمثل, dan pewaris ()الوارث. Lebih jauh lagi, menurut Ibn Khaldun (m. 808H), khalifah turut merujuk kepada ketua pemimpin tertinggi dalam sesebuah pemerintahan khilafah. Sila lihat Abu al-A‘la al-Mawdudi, al-Hukumah al-Islamiyyah, terj. Ahmad Idris (Arab Saudi: al-Dar al-Su‘ udiyyah, 1984), 146. Ibn Khaldun, ‘ Abd al-Rahman bin Muhammad, Muqaddimah Ibn Khaldun, cet. ke-3 (Kaherah: Dar al-Nahdah, t.t.), 578. Al-Maraghi, Ahmad bin Mustafa al-Maraghi, Tafsir al-Maraghi (Mesir: Sharikah Maktabah wa Matba‘ ah Mustafa al-Babi al-Halabi wa Awladih, 1946), 22:45. Al-Sa‘ di, ‘ Abd al-Rahman bin Nasir bin ‘ Abd Allah, Taysir al-Karim al-Rahman fi Tafsir Kalam al-Mannan, ed. ‘ Abd al-Rahman bin Mu‘ alla al-Luwayhaq (t.tp.: Mu’ assasah al-Risalah, 2000), 673.
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amanah adalah ekoran pertembungan mereka dengan nafsu, lantas mereka berlaku zalim ()ظلوما kerana tewas dengan kemarahan, serta bodoh ( )جهوالkerana tewas dengan keinginan syahwat sebagaimana disebutkan dalam ayat di atas.76 Justeru, akal menjadi ‘objek’ terpenting dalam membangunkan kecerdasan intelektual yang wujud dalam diri insan.
Hubung Kait Akal dengan Teori Kecerdasan Teori kecerdasan ialah rangkuman set kecerdasan Intelligence Quotient (IQ), Emotional Quotient (EQ), dan Spiritual Quotient (SQ) yang diperkenalkan oleh barat. Dalam kategori lain, perspektif Barat melihat anjakan keupayaan keseluruhan modal insan ialah dengan membangunkan potensi IQ, EQ, dan SQ yang menjadi set kecerdasan manusia.77 Ketiga-tiga set kecerdasan tersebut berpusat di otak. Teori IQ telah mula diperkenalkan oleh William Stern (1871-1938) ahli psikologi German, selanjutnya dipopularkan oleh Alfred Binet (1857-1911) yang juga merupakan ahli psikologi Perancis dan Theodore Simon (1872-1961), seorang pakar psikiatri.78 Teori tersebut diperkenalkan bagi tujuan mengukur tahap kecerdasan kepintaran manusia yang dijadikan sebagai penentu tertinggi bagi mencapai kejayaan dalam kerjaya dan kehidupan di barat. Namun, fokus pembangunan IQ semata-mata sehingga mewujudkan dikotomi antara IQ dengan pembangunan EQ dan SQ menurut Brenda Watson telah mendatangkan masalah serta melahirkan penyangak biadap yang berilmu. Kata beliau:79 “ Universities as well as schools are criticized for failing to expose students to values and turning out knowledgeable barbarians.” Malah, bagi Daniel Goleman yang merupakan ahli psikologi dari Universiti Harvard Amerika Syarikat, kecerdasan intelektual (IQ) hanya menyumbang 20 peratus kejayaan hidup, dan selebihnya dipengaruhi oleh faktor-faktor lain seperti kecerdasan EQ.80 Jika dilihat mengenai 76 77
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Al-Maraghi, Ahmad bin Mustafa al-Maraghi, Tafsir al-Maraghi, 22:46. Penemuan saintifik mengenai ketiga-tiga teori kecerdasan (IQ,EQ, dan SQ) telah julung kalinya diperkenalkan oleh pakar sarjana barat menerusi kajian mengenai psikologi dan daya nalar manusia yang berpusat di otak. Termasuk juga satu elemen pelengkap yang membangunkan individu menurut barat iaitu Physical Quotient (PQ). Keempat-empat set kecerdasan tersebut menjadi pemangkin holistik ke arah melahirkan karakter pemimpin unggul menurut barat. Sila lihat David McCuistion, “ Leadership Intelligence – A Holistic Approach” , dikemaskini 9 Mei 2013, dicapai 23 Ogos 2016, http://aboutleaders.com/leadership-intelligencesa-holistic-approach/. Secara dasarnya, perkembangan teori IQ bermula dengan wujudnya usaha mencipta kaedah pengukuran empirikal mengenai daya keintelektualan manusia oleh Francis Galton (1822-1911) yang merupakan pakar statistik England. Sila lihat “ Intelligence Quotient” , dikemas kini 5 Jun 2014, dicapai 4 Oktober 2014, http://en.wikipedia.org/wiki/Intelligence_quotient#cite_ref-Kaufman2009_8-12. Dipetik daripada Pembangunan Modal Insan: Aspirasi dan Realiti, ed. Ahmad Mohamad Said dan Khalidah Salekan (Kajang, Selangor: Kolej Dar al-Hikmah, 2007), 15. Lihat juga Watson, Brenda, Education and Beliefs (England: Basil Blackwell Ltd, 1987), 1. Goleman, Daniel, Emotional Intelligence (New York: Bantam Books, 1995), 34.
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definisi kecerdasan IQ, ia memiliki titik penghubung dengan konsep ‘ aql dari perspektif Islam. Ini kerana, ‘ aql menurut al-Qur’ an berfungsi sebagai nukleus pemikiran manusia bagi mempertingkat kepintaran. Walau bagaimanapun, jurang perbezaan ketara antara teori kecerdasan IQ dengan ‘ aql terzahir apabila ‘ aql menurut Islam pastinya tidak terlerai daripada persoalan teologi keimanan serta etika.81 Justeru, dengan memanfaatkan potensi ‘ aql atas landasan Islam, kepintaran dapat dipertingkat dan ia berkadar langsung dengan peningkatan iman dan penerapan etika murni. Ini ditambah pula dengan definisi ‘ aql yang diutarakan oleh para sarjana muslim seperti al-Sajistani dan Ibn Manzur bahawa ‘ aql berfungsi menahan (hijr) dan mengikat hawa nafsu manusia daripada melakukan kemungkaran.82 Mengenai kecerdasan emosi (EQ) pula, terdapat pelbagai takrifan dikemukakan oleh para sarjana. Namun, rumusan takrifan yang telah dilakukan oleh Fakaruddeen menerusi kajian sarjananya ialah, kecerdasan emosi secara amnya bermaksud kemahiran dan kemampuan individu mengelola perasaan, memotivasi, serta mengguna pakai emosi mengikut situasi yang dikehendaki secara betul.83 Menyedari akan wujudnya ketidakseimbangan ekosistem manusia apabila didapati manusia yang cemerlang dalam bidang pendidikan mengundang pelbagai gejala sosial dan keruntuhan moral,84 pada dekad 90-an dicadangkan bahawa darjah kecerdasan emosi individu perlu dikembangkan. Walau bagaimanapun, item-item dalam teori EQ sebenarnya telah dibincangkan sejak tahun 1920 oleh seorang profesor pendidikan moden, Edward Lee Thordike (1874-1949), apabila beliau mengemukakan cadangan kepada institusi pendidikan di Amerika Syarikat mengenai keperluan mengambil perhatian terhadap kebolehan komunikasi serta interaksi interpersonal dan intrapersonal. Namun, pertengahan kurun ke-20 menyaksikan teori EQ ini dikesampingkan kerana ditenggelami oleh kemasyhuran teori IQ.85 Keabsahan pembangunan teori IQ semata-mata menjadi semakin terhakis pada dekad 80an menyebabkan para ahli psikologi seperti Peter Salovey dan John D. Mayer kian mendapat tempat dalam mempromosikan teori EQ sebagai pemberdayaan alternatif manusia pada tahun 1990.86 Bahkan, bagi Linda Keegan yang merupakan Naib Presiden Pembangunan Eksekutif Citibank, kecerdasan emosi (EQ) harus menjadi premis terpenting dalam setiap latihan pengurusan.87 Teori EQ selanjutnya menjadi slogan popular pada tahun 1995 dengan munculnya 81 82
83
84
85 86 87
Taufik Pasiak, Revolusi IQ, EQ, SQ, 210. Al-Sajistani, Muhammad bin ‘ Uzayr Abu Bakr al-‘ Uzayri, Gharib al-Qur’ an al-Musamma bi Nuzhat alQulub, ed. Muhammad Adib ‘ Abd al-Wahid Jamran (Syria: Dar Qutaybah, 1995), 203. Mohd Fakaruddeen Che Omar, “Teori Kecerdasan Spiritual (SQ): Analisis Terhadap Pemikiran Ian Marshall dan Danah Zohar Menurut Perspektif Pemikiran Islam” (disertasi Usuluddin, Jabatan Akidah dan Pemikiran Islam, Akademi Pengajian Islam Universiti Malaya, Kuala Lumpur, 2006) 84. Haji Abdul Fatah Hasan, Pemikiran Keseluruhan Otak: Dalam Pengurusan Pendidikan dan Kaitannya dengan Kecerdasan Emotional Intelligence-EQ (Kuala Lumpur: Utusan Publications & Distributors Sdn. Bhd., 1998), 136-137. Ibid., 136. Peter Salovey dan John D. Mayer, Emotional Intelligence (New York: Baywood Publishing Co. Inc., 1990), 185. Goleman, Daniel, Working With Emotional Intelligence (London: Bloomsbury Publishing Plc, 1998), 10.
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penerbitan karya terlaris di Amerika yang dihasilkan oleh Daniel Goleman berjudul Emotional Intelligence: Why It Can Matter More Than IQ.88 Ary Ginanjar turut memetik ulasan yang dikemukakan oleh Stephen R. Covey (1932-2012)89 bahawa kecerdasan emosi turut dikaitkan dengan kewujudan suara hati yang berperanan sebagai kompas kepada prinsip yang benar.90 Menurut Muhammad Qutb (m. 2014), adakalanya jasad menerbitkan pola perubahan yang berlaku pada emosi dan deria, lalu menatijahkan kesan kepada nafs, dan adakalanya pula emosi terbabit terbit daripada nafs dan memberikan kesan kepada jasad.91 Ini bermakna, terdapatnya hubungan antara kecerdasan emosi dengan nafs. Ini kerana, nafs mampu melahirkan emosi positif atau negatif yang memberikan impak kepada jasad insan untuk bertindak. Kecerdasan emosi dikenal pasti berdasarkan ciri sahsiah yang dimiliki oleh seseorang individu.92 Ciri sahsiah tersebut bersifat emosi yang wujud dalam diri individu seperti empati, kasih sayang, dan tenteram, lalu emosi tersebut mempengaruhi pemikiran dan tindakannya bagi memilih jalan kebaikan atau keburukan. Sehubungan itu, kecerdasan emosi dapat dijana dengan jayanya dengan membangunkan nafs sebagai unsur terpenting modal insan. Manakala pembangunan nafs secara holistik dapat dipupuk dengan cemerlang melalui penerapan akhlak terpuji. Lantaran itu, perspektif Islam melihat penerapan akhlak yang baik menjadi faktor utama bagi peningkatan kecerdasan emosi selain seseorang individu tersebut memiliki kecekapan mengurus emosi dirinya dan orang lain, menguasai diri secara mandiri, serta bijak membentuk interaksi yang positif dengan masyarakat lingkungan.93 Walau bagaimanapun, kecerdasan emosi (EQ) menurut barat bagi membangunkan modal insan hanya beroperasi di otak sebaliknya pembangunan insan menurut Islam meletakkan qalb sebagai anjakan perubahan modal insan. Menyingkap sejarah kemunculan teori EQ, fenomena teori EQ tidak terlalu lama berlangsung, berikutan idea mengenai IQ dan EQ hanya 88
89
90
91 92
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Goleman telah mendefinisikan EQ kepada tiga domain penting iaitu: a) Keupayaan untuk mengenali perasaan diri sendiri dan orang lain. b) Kemampuan memotivasi diri sendiri. c) Kemahiran mengelola emosi pada diri sendiri dan pada orang lain secara efisien ketika berinteraksi. Sila rujuk Charles G. Morris dan Albert A. Maisto, Understanding Psychology, cet. ke-5 (New Jersey: Prentice Hall, 1996), 248. Beliau merupakan profesor, ahli perniagaan, dan pemidato profesional di Amerika Syarikat. Berkelulusan doktor falsafah dalam jurusan pendidikan keagamaan. Beliau memiliki sembilan orang anak. Sila lihat “ Stephen Covey” laman sesawang wikipedia.org, dikemas kini 2 Februari 2015, dicapai 6 Februari 2015, http://en.wikipedia.org/wiki/Stephen_Covey. Ary Ginanjar Agustian, Rahasia Sukses Membangun Kecerdasan Emosi dan Spiritual ESQ: Emotional Spiritual Quotient: The ESQ Way 165: 1 Ihsan, 6 Rukun Iman dan 5 Rukun Islam (Jakarta: Penerbit Arga, 2005), 42. Muhammad Qutb, Dirasat fi al-Nafs al-Insaniyyah, cet. ke-5 (Beirut: Dar al-Shuruq), 160. Haji Abdul Fatah Hasan, Pemikiran Keseluruhan Otak dalam Pengurusan Pendidikan dan Kaitannya dengan Kecerdasan Emosi (Kuala Lumpur: Perpustakaan Negara Melaysia, 1998), 142. Goleman berpendapat bahawa penggilapan kecerdasan emosi ialah dengan mengasah kemahiran untuk menguasai diri serta membentuk iklim persekitaran yang positif. Walau bagaimanapun, nilai ukuran yang dipegang olehnya dilihat mengabaikan penerapan akhlak terpuji dan hanya menumpukan aspek kemahiran dan kecekapan. Sila lihat Syed Najmuddin Syed Hassan, Kecerdasan Emosi Anak, Ibu bapa, dan Pendidik yang Cemerlang (Melaka: Penerbit Universiti Teknikal Malaysia Melaka, 2013), 20.
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dilingkari oleh faham materialisme94 sehingga mewujudkan golongan terpelajar yang cekap mengelola kehidupan dunia dan kerjaya, namun buta akan makna dan tujuan hidup, malah mereka berdepan dengan krisis nilai yang membarah serta terumbang-ambing dalam mengenal pasti hakikat kehidupan dan ketenangan jiwa hakiki (inner peace). Menjelang alaf 20, ahli fizik dari Universiti Harvard, Danah Zohar dan suaminya, Ian Marshall akhirnya menemukan jawapan penyelesaian kepada kemelut ini dengan menggagaskan teori kecerdasan spiritual (SQ) yang didukung oleh bukti-bukti ilmiah. Antara hujah yang menyokong teori terbabit ialah, pada tahun 1977, kajian yang dilakukan oleh Michael Persinger yang merupakan seorang profesor neorosains kognitif membuktikan secara saintifik eksistensi ‘ titik tuhan’ (god spot) dalam otak manusia. Kajian terbabit turut diperincikan oleh pakar saraf dari Universiti California V.S. Ramachandran pada tahun 1997. Menurut beliau, god spot dalam otak manusia berperanan sebagai pusat spiritual yang terletak antara jaringan saraf dan otak, dan kawasan terbabit dipanggil sebagai temporal lobe.95 Kewujudan ‘ titik tuhan’ bukanlah bermakna bahawa tuhan berkedudukan sebaliknya ia lebih menjurus kepada jejak-jejak tuhan dalam membangkitkan kerohanian yang terdapat dalam diri manusia. Konsep SQ menurut Zohar dan Marshall adalah berupa kecerdasan dalam membongkar persoalan makna dan nilai, serta menempatkan perilaku dan kehidupan manusia dalam spektrum yang lebih luas dan kaya. SQ juga menurut mereka menjadi landasan bagi memfungsikan IQ dan EQ secara efektif, bahkan SQ adalah kecerdasan tertinggi buat manusia.96 Menurut profesor psikologi dari California, Robert A. Emmons pula, seseorang individu itu memiliki SQ yang baik seandainya mereka berupaya mengadaptasikan maklumat spiritual bagi memudahkan penyelesaian masalah serta bagi mencapai matlamat.97 Stephen Covey turut menambah bahawa, kecerdasan spiritual merupakan kecerdasan fundamental yang terpenting, dan ia menjadi sumber panduan atau ‘ nukleus’ kepada kesemua kecerdasan.98 Teori SQ ini dilihat lebih menjurus kepada proses pemaknaan hidup dan self esteem (harga diri) tanpa terlalu bergantung kepada imbalan yang diperoleh dalam kehidupan. Ironinya, teori SQ sekali lagi dapat difahami bahawa wujudnya blok pemisah antara agama dan kehidupan hasil doktrin sekular yang mencengkam pemikiran barat. Teori SQ sungguhpun
94 95
96
97
98
Ibid., 44. “Temporal lobe” merupakan satu bahagian lobus daripada empat bahagian lobus otak yang berperanan menguatkan ingatan visual, memproses input pancaindera, memahami bahasa, menyimpan ingatan yang baharu, membuat kesimpulan serta menjadi pusat kawalan emosi. Sila lihat Smith, Kosslyn, Cognitive Psychology: Mind and Brain (New Jersey: Prentice Hall, 2007), 21. Danah Zohar dan Ian Marshall, SQ: Spiritual Intelligence-The Ultimate Intelligence (Great Britain: Bloomsbury, 2000), 3-4. Emmons, Robert A, “ Is Spirituality an Intelligence?” dalam The International Journal for the Psychology of Religion, vol. 10, ed. Raymond F. Paloutzian (London: Routledge, t.t.), 27-34. Covey, Stephen, The 8th Habit: From Effectiveness to Greatness (New York: Simon Schuster Inc, 2004), 53.
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berorientasikan daya spiritual sebagai anjakan potensi manusia, namun Zohar dan Marshall mendakwa bahawa teori terbabit bukan bererti bahawa setiap manusia perlu menganuti manamana agama.99 Ini seakan membawa maksud bahawa sekiranya seseorang memiliki SQ, maka agama sudah tidak releven lagi. Malah, konsep SQ hanya diunjur menerusi kajian saintifik dengan dakwaan wujudnya ‘ god spot’ yang berpusat di otak. Menurut mereka, Tuhan pada hakikatnya tidak wujud, tetapi ia hanyalah suatu proses saintifik yang berlaku dalam fikiran manusia. Kesemua kecerdasan yang ada pada manusia, ujar mereka hanyalah bertitik tolak daripada fungsi dan struktur fizikal otak yang mengawal selia kesemua kecerdasan tanpa bergantung pada manamana agama atau wahyu.100 Model SQ yang dikemukakan oleh Zohar dan Marshall ternyata menyimpang dengan konsep spiritual Islam yang berpaksikan al-Qur’ an dan hadith. Menurut Islam, qalb dan ruh menjadi nadi terpenting bagi pembangunan modal insan dari perspektif rohani mereka. Malah, dengan penggilapan rohani yang mantap, ia memberikan kesan positif kepada diri individu terbabit serta keluarga dan masyarakat keseluruhannya. Antara pengaruh pendidikan spiritual ialah, menjernihkan jiwa individu terbabit daripada keraguan, mencintai kebaikan, berpegang teguh kepada manhaj Islam yang syumul, tidak melanggar syariat, serta melakukan amar makruf nahi mungkar.101 Bermula daripada pembangunan individu yang soleh dan muslih, ia berkembang kepada pembinaan keluarga muslim yang menurut perintah Allah S.W.T serta menjauhi larangan-Nya, pentarbiahan anak-anak yang mencintai agama, sekali gus mereka berpartisipasi aktif dalam program-program pembangunan ummah.102 Kesan pendidikan rohani dilihat memiliki persamaan dengan penggilapan SQ dari dimensi memaknakan kehidupan serta menghargai diri. Kesimpulan Konsep ‘ aql menurut al-Qur’ an menyaksikan keluasan fungsi akal yang sejajar dengan wahyu. ‘ Aql yang merupakan sebahagian juzuk modal insan berupaya menjadi benteng modal insan terbabit daripada terjebak dengan kemungkaran andai ‘ aql tersebut difungsikan secara benar. Terdapat beberapa terminologi potensi akal dalam al-Qur’ an seperti tafakkara, i‘ tabara, basara, dan nazara. Begitu juga wujudnya beberapa terminologi bagi orang-orang yang berfikir dalam alQur’ an seperti ulu al-Albab, ulu al-Absar, ulu al-Nuha, dan al-Rasikhun fi al-‘ Ilm. Teori barat berpendapat bahawa otak menjadi anjakan keupayaan manusia berteraskan teori kecerdasan IQ, EQ, dan SQ. Barat tidak mengguna pakai istilah “ akal” , sebaliknya menyatakan bahawa segala potensi, keupayaan, dan kecerdasan manusia berpunca daripada otak manusia. Manakala, Islam
99 100 101
102
Danah Zohar dan Ian Marshall, SQ: Spiritual Intelligence, 7. Ibid., 8. ‘ Ali ‘ Abd al-Halim Mahmud, al-Tarbiyah al-Ruhiyyah: Pendidikan Ruhani, terj. Abdul Hayyie al-Kattani (Jakarta: Gema Insani Press, 2000), 202-203. Ibid., 204-205.
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menegaskan bahawa qalb (hati) menjadi pusat yang mencorakkan segala tindakan, potensi, dan keperibadian modal insan.
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A METHODICAL GAMUT APPROACH FOR ANALYTICAL REVIEW OF BDS CAMPAIGN AND PALESTINIAN HARMONY Dr. Mohd Roslan Mohd Nor Academy of Islamic Studies University of Malaya, Kuala Lumpur, Malaysia E-mail:
[email protected] Kashif Latif PhD Scholar Faculty of Business and Accountancy University of Malaya, Kuala Lumpur, Malaysia Corresponding Author Dr. Mohd Nazari Ismail Faculty of Business and Accountancy University of Malaya, Kuala Lumpur, Malaysia
Dr. Mohammad Nazri Mohd Nor Faculty of Business and Accountancy University of Malaya, Kuala Lumpur, Malaysia
Abstract This paper analysis and appraises the Boycott, Divestment, Sanctions (BDS) campaign against Israel. First, it adumbrates the different conflicts with appearance and eminence of the BDS campaign. Then, it elucidates the BDS strategy, particularly the boycott. Next, the paper elaborate by recognized the campaign’s power and promise with relation to the discourse of PalestinianIsraeli politics. More unequivocally, the campaign is powerful because it is a networked contestation of the discursive rules that involve symmetry be posited between Palestinians and Israel.
Key Words: BDS, Discussion of Palestinian-Israeli politics, Networked contestation, Methodical repertoire, Academic boycott of Israel, Campaign’s diplomacy
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Boycott framework The impact of international conflict on two-pronged trade relations using several incidents of politically motivated boycotts: The boycott of Danish commodities by Muslim countries following the Muhammad Comic Crisis in 2005/2006, the Chinese boycott of Japanese commodities in retort to the Senkaku/Diaoyu Island conflict in 2012, the boycott of French products in the US over the Iraq War in 2003, and Turkey's boycott of Israel over the Gaza conflict in 2014. It has been estimated an average one-year trade commotion of 18.8% in the case of Denmark, 2.7% for Japan, and 1.7% for French (Heilmann, 2015). Trade policy has long been an established tool in relations between states. Trade agreements can strengthen inter-state relations and a large literature in political science had illustrated international trade's role in promoting peace and interstate cooperation (Barbieri, 2002; Gartzke, Li, & Boehmer, 2001; Li & Reuveny, 2011; Massoud & Magee, 2012). At the same time, international trade can be engaged as a policy means in the case of conflict through sanctions, impediments, and boycotts. Trade boycotts between countries are a fastidious shape of these policy tools. They have been employed throughout history to chastise or compel explicit behavior among trading partners. Examples of international conflicts where boycotts were employed encompass the repeated boycotts of Japan by China throughout the 1930s in response to the Japanese invasion (Lauterpacht, 1933). The boycott of Israel by the Arab League after arrangement of the Jewish state in 1948, the worldwide boycott movement in protest of South Africa's apartheid system in the late 1950s, and the consumer boycott in antagonism to French products over nuclear testing in the 1990s. Most recently, the connotation of international trade boycotts has been highlighted by Russia's state-led import ban of agricultural products from Europe in result to sanctions over Russian infringement in neighboring Ukraine (Heilmann, 2015). These events share the common aspect that they are not motivated by economic underlying principle, such as inferior product quality, but rather by political events and thus let us to learn about how shocks to international relations affect trade. In difference to the more recurrent boycotts against specific firms, such as the boycott against Shell in 1995, they are directed against whole countries. They appear to become an option when other
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means of intimidation, such as war or the severing of diplomatic relationships materialize to be infeasible. The latter boycotts of the 21st century appear to be a simple extension of earlier practices, but several developments signify an increase in the importance of boycotts as policy tools and warrant further research. In a world characterized by less violence and dwindling tolerance for militarized conflict between states, trade policy is the customary tool to carry out international disputes (Pinker, 2011). In addition, international trade has drag over the past decades, making boycotts potentially more detrimental to trading partners. This is especially true since the attribute of trade has changed from a simple exchange in final goods to a system of international production sharing. The arrival of the internet has also changed international relations and the implication of governments. Being able to contrary and harmonize their actions online, consumer boycotts enable the public to become a political agent in international relations. In the case of the Chinese consumer boycott against Japan in 2012, the internet may have played a critical role in organizing the boycott, with the Chinese government having limited control over the reaction on the streets. This haul questions on how governments and the masses interact when it comes to foreign relations and how sundry regime types support the emergence of consumer boycotts (Weiss, 2013, 2014). A crucial question is whether these new types of boycotts are effective. Aside from a decline in import demand, international conflicts might blight trade by putting business partners at personal risk when traveling, through latent government intervention or even through the boycotted country's defiance to export in response to the aggression. Similarly, boycotts can be unsuccessful in many extents. At first, if the boycotted country's exporters can simply redirect their sales to domestic or other foreign markets, the imminent economic loss may be small. Through studying consumer boycotts and their instinctive small-agent problem, i.e. the success of the boycott depends on a mass of participants. In their study find a significant drop in sales of US soft drinks in the Middle East. Results from the multi-country Muhammad (P.B.U.H.) Comic boycott, where countries with higher press liberty boycott more, signifying that consumers find it easier to organize and participate in boycotts in open regimes (Clerides, Davis, & Michis, 2015).
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Muhammad cartoon calamity On September 30, 2005 the Danish newspaper Jyllands-Posten published a string of cartoons show Islamic prophet Muhammad (P.B.U.H) in an unfavorable manner. Not only is the demonstration of the prophet (P.B.U.H) forbidden in numerous branches of Islam, but Muslims felt that the comics connect them to terrorists, thus the comics had a religious as well as political dimension. Even though Danish Muslims protested the publication from the very start, it was not until early 2006 that the controversy became international after the comics had been reprinted in Arabic newspapers. Violent protests wink in many Middle Eastern countries, leading the ambassadors of numerous Muslim countries to unsuccessfully demand an official apology by the Danish government and prosecution of the cartoon artists. The months of January and February 2006 saw added rise of the conflict with Western embassies being attacked in Damascus, Beirut, and Tehran, leaving numerous dozen people dead. With the Danish government refuse an official apology, religious leaders in Saudi Arabia called for a boycott of Danish goods on January 26, 2006, publishing a boycott list of Danish firms (Abadie, Diamond, & Hainmueller, 2015). Soon other Muslim countries coupled the boycott. The French supermarket chain Carrefour preemptively disconnected Danish goods from its shelves in the Middle East and several Danish food producers, such as Arla Foods, reported large losses (Ashenfelter, Ciccarella, & Shatz, 2007). The scandal about the Muhammad (P.B.U.H) cartoons at the end lost public attentiveness and the protests calmed down, though various incidents in later years were associated to the cartoons, e.g. the 2008 and 2010 attempts to assassinate the maker of the most controversial of the cartoons which could be prevented by police (Heilmann, 2015). Turkey's embargo of Israel On July 8th 2014, the long-lasting conflict between Israel and the Palestinians lift again when Israeli military begin airstrikes on Gaza after profound shelling of Israeli territory by Hamas. Two weeks later, the Israeli Defense Force led a ground invasion into the Gaza strip which resulted in the death of more than 2000 Palestinians, approximately 1500 of them being civilians. Public protest over the humanitarian toll of the conflict flickered anti-Israel protests in Turkey with Turkish prime minister connect Israel's actions to genocide. The Turkish trade union TESK
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initiated a boycott call against Israel in late July (Heilmann, 2015). In this echelon, under the light and paradigm of different boycotts we’ll analyze BDS (Boycott, Divestment, Sanctions) movement, its strategy and effectiveness. BDS connotation BDS means boycott, divestment, and sanctions, and pass on to three diverse yet related forms of corrective action against Israel. All of these actions support isolating, breaking off relationships with, delegitimizing Israel (Diker, 2015). Boycott It refers to the encroachment of relationships with Israel as a means of protest and/or pressure. These actions encompass of consumer and trade boycotts, cultural and sporting boycotts, and academic boycotts. Divestment It is the converse of investment: the withdrawal of investments in Israel by banks, pension funds, and other large investors or from companies working in Israel. Sanctions It refers to curative actions taken by governments and international organizations, including trade penalties or bans, arms impediments, and cutting off diplomatic relations. Boycotting Israel: history and agenda Discussions of an inclusive boycott of Israel are a contemporary phenomenon within civil society in Europe, North America and Asia. However, connected discussions have taken place in the Middle East since Israel’s inception in 1948. In situating the reverberation of the current BDS movement in the West and Asia, it is handy to deem the changed historical perspective and the idiosyncratic elements that place the current debates in the context of international solidarity and counter hegemonic discourse. In 1948, a call for boycott of the state of Israel was initiated by the League of Arab States (hereafter the Arab League). Three major inter-reliant features characterized the Arab League boycott: 1. Its constant lack of ability effectively to publicize the human (and human rights) aspect of the Palestinian plight after 1948, primarily in countries of the industrialized West; 2. Its statist, rather than popular, aspect which obscured how boycotts may be a shape of peaceful struggle to colonialism and racism; and
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3. Its regional, rather than international, characteristic. The year 1948 signals an important starting point for illustrating these features, through re-consideration of the contested historiography of Israel-Palestine, as well as the contested nature of international boycotts in retort to this conflict zone (A. B. Bakan & Abu-Laban, 2009). In Israeli terminology, the events of 1948, leading up to the formation of the state of Israel, are referred to as a war of independence from the British (in Hebrew Azma’ut) or liberation from the Diaspora (Shihrur). As Ilan Pappe notes, neither of these provisions provide any explicit reference to the indigenous Arab population. Notably, it is particularly the experiences of this population that, since the 1980s, have formed the backbone of a revisionist ‘post-Zionist’ history that has challenged the assumptions underlying the prevailing Israeli national narrative (Pappe, 2004). This revisionist history is significant in considering how the human face of the Palestinians is central to today’s BDS movement. It should be noted, however, that the center rudiments of the revisionist history communicate with the longstanding Palestinian national narrative. This views the year 1948 as a catastrophe (in Arabic Al-Nakba) epitomized by half of the Arab population losing homes and property and becoming stateless refugees outside and inside historic Palestine. Ronit Lentin enclosed this contested topography of memory in the perspective of a challenge to the Israeli state’s ‘active memoricide of both the Nakba and the ethnically rinsed Palestinians’ (Lentin, 2008). Abu-Lughod and Sa’di wrote about Nakba: It is the focal point for what might be called Palestinian time. The Nakba is the pinnacle of reference for other events, past and future. The Balfour Declaration of 1917 increased its connotation from being followed by the Nakba. Landmark proceedings in Palestinian history such as Black September (Jordan, 1970), the massacre at Sabra and Shatila (Lebanon, 1982), Land Day (Israel, 1976) and the first and second intifadas (1987–93, 2000–present) would not have emerged if they had not been lead by the Nakba to which they refer back. The Nakba has become a key event in the Palestinian calendar – the baseline for personal histories and the classification of generations (Sa'di & Abu-Lughod, 2007). An additional attribute of the Palestinian narrative is the indulgent that in its European roots and, in its concomitant erasure and radicalization of the indigenous Arab population, the Israeli state was an outgrowth of settler colonization.
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Thus Zionism is a dogma which has supported the practices of Israel as a colonist state and is not synonymous with Judaism (A. B. Bakan & Abu-Laban, 2009). Put it another way, there is no equation between being Jewish – a religious or cultural identity – and being Zionist – a political standpoint that views an utterly ‘Jewish’ state as the only effectual cure to a perceived universalized anti-Semitism (A. B. Bakan & Abu-Laban, 2009). Elsewhere we have extended on Charles Mills’ concept of the racial contract to the international arena, to elucidate the role of major powers both outside and through the United Nations in transmitting widespread interest between the state of Israel and international political allies. The racial contract has served to render the state of Israel as outstanding in its relationship to international law, while absenting Palestinians as concurrently non-white, the subjects of extreme repression and stateless. Employing Gramsci’s indulgent of hegemony is useful in this agenda, acknowledging how this racial contract, like the capitalist system itself, is never dormant, but grounded in contradictory forces and subject to challenge. Prior to 1948, when Palestine was under the British mandate, Palestinian Arabs uttered a form of resistance to escalating numbers of settlers by boycotting Zionist businesses and goods (Sigall & Chill, 1977). This type of consumer-driven boycott may be seen to have current parallels. For example, the application of anti- consumerist activism, predominantly in advanced capitalist countries, is a crucial component of the transnational popular opposition to neoliberal globalization and expedition for global justice that marked the first period of the new millennium (Littler, 2005). Links with the Palestinian struggle to occupation and war have been an imperative element of theorizations of the movement for global justice since the Seattle protests against the neoliberal policies of the World Trade Organization marked the turn of the new millennium (A. Bakan, 2000). Not staggeringly, antiglobalization theorists such as Naomi Klein, noted above, have readily challenged Israel’s links with corporate capitalism and have support movements for boycott that seek out substitute economic outlets (McGuigan, 2010). As J. B. Spector points out, modern proponents of boycotts have drawn on an understanding of political action that blends aspects of western and eastern political and religious beliefs: Since the 20th century, boycotts have integrated international coalitions of states acting upon nonstate actors to influence yet another state; non-state actors looking for to persuade a group of states to act to endorse change in the internal policies of yet another state; and efforts by coalitions of
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international non state actors (sometimes with the assistance of individual states or international organizations) to bring pressure to bear on the government of a particular state (Sidiropoulos, Draper, Mills, & Khumalo, 2004). Significantly, the current movement combines calls for boycott, divestment and sanctions against Israel, the latter portentous calls for state action in amalgamation with those at the level of civil society. The role of the United States (and allies in the United Nations) in intimidating extensive sanctions on Saddam Hussein’s Iraq after the 1990 assault of Kuwait is another case in point. While Iraq practiced one of the most inclusive boycotts in history, other countries have also been a focus for the US (for example, Iran, Libya and Sudan), (O'Sullivan, 2003). Beginning in 1948, a mid way in which opposition continued to be registered regarding the violent origins of the Israeli state – and the substantial predicament of the Palestinians – was through the Arab League’s boycott against Israeli companies and Israeli-made goods. Since the 2000s, the BDS movement has integrated South African spokespersons (for example, Desmond Tutu), (Tutu, 2002). The new movement has found reverberation in civil society organizations that have emerged in the perspective of a renewed period of anti- neoliberalism and opposition to US militarism linked with the Iraq war, primarily based on the analogy with South Africa. The verity that the BDS movement is also coupled with a new generation of Palestinian and other Arab activists in the diaspora is significant (Ziadah, 2008). The BDS movement has appeared in the post-9/11 climate in which fright, racial profiling and internment of Arabs and/or Muslims has become more prominent, but has also been countered by a global movement against war and racism (Abu-Laban, 2004). Certainly, according to Gargi Bhattacharyya, ‘support for Palestinian human rights has become the symbolic harmony movement of our time’ (Bhattacharyya, 2008). Recent events surrounding Israel’s war on Gaza have leant auxiliary credence to this observation. The modern BDS movement is nonhierarchical and has made use of new forms of communication – including international e-mail networks, blogs and web-based journalism – to give information that translates willingly from Arabic to English and other languages and to support harmonized mobilization (Di Stefano & Henaway, 2014). For example, since 2001 the nuance of the online publication Electronic Intifada has been enormous in providing information and analysis from a Palestinian perspective. Whatever limits
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of an overarching concept of ‘global civil society’, this kind of communication has sustained and facilitated changes in strategies of resistance and solidarity (Bellingham et al.). BDS call and Palestinian harmonized society The contemporary movement comprises a number of instigated moments, but the most widespread call for a global campaign for boycott, divestment and sanctions was launched in July 2005, by 170 civil society organizations within Palestine itself. Civil society here means non-state organizations, with trade unions, faith-based communities, student organizations, social movement organizations and political parties. The attainment of a united response among Palestinian organizations challenged divisions that had developed, primarily since Oslo, and pointed to a strategy of non-violence and international solidarity inspired by the successful conversion from apartheid South Africa. The call-out is in straight response to Israel’s persistent violation of international law. It is structured to give a foundation of unity that can combine largely dispersed organizations and forces (Di Stefano & Henaway, 2014). The combined call is based on three demands grounded in basic principles of human rights widely recognized in international human rights practices and discourse: In light of Israel’s invariable violations of international law, and Given that, since 1948, hundreds of UN resolutions have ordained Israel’s colonial and discriminatory policies as illegal and called for immediate, adequate and effective remedies, and Given that all types of international intrusion and peace-making have until now failed to provoke or force Israel to conform with humanitarian law, to respect fundamental human rights and to end its occupation and oppression of the people of Palestine, and In view of the fact that people of conscience in the international community have historically established the moral responsibility to fight injustice, as exemplified in the struggle to eliminate apartheid in South Africa through sundry forms of boycott, divestment and sanctions; Inspired by the struggle of South Africans against apartheid and in the spirit of international solidarity, moral faithfulness and resistance to injustice and repression, representatives of Palestinian civil society, call upon international civil society organizations and people of conscience all over the world to exact broad boycotts and employ divestment initiatives against Israel similar to those applied to South Africa in the apartheid era. BDS campaign appeal to you
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to demand your particular states to induce embargoes and sanctions against Israel. We also incite conscientious Israelis to support this Call, for the sake of justice and genuine peace. These non-violent disciplinary measures should be sustained until Israel meets its responsibility to recognize the Palestinian people’s absolute right to self determination and fully complies with the principle of international law by: 1. Ending its coercive occupation and colonization of all Arab lands and take apart the Wall; 2. Acknowledge the primary rights of the Arab-Palestinian citizens of Israel to full parity; and 3. Respecting, protecting and enforce the rights of Palestinian refugees to return to their homes and properties as predetermined in UN resolution 194 (Morrison, 2015a). The prevalent call for boycott, divestment and sanctions emerged as a retort to the ICJ ruling, the UN endorsement and Israel’s subsequent overt refusal to comply while not facing any consequences in its international stature (Usher, 2006). The BDS call is idiosyncratic in its lucidity and amalgamated base of support within Palestinian society. It was headed by the venerable calls for boycott from Arab states referred to above, as well as a call for economic, cultural and academic boycott of Israel in 2002 (Storey, 2005). It had been followed by an analogous call from Palestinian filmmakers, artists and cultural workers and a wide coalition of Palestinian labor federations, vocational and professional trade unions (A. B. Bakan & Abu-Laban, 2009). However, it is also distinguishing in the reverberation it has met among civil society groups in Europe and North America. For example, award-winning British filmmaker Ken Loach issued a public statement in August 2006 in which he assured support for the boycott called for by Palestinian film-makers and artists and stated that he would refute an invitation to present one of his films at the Haifa Film Festival ‘or other such occasions’ (Barghouti, 2011). BDS campaign stratagem Associating the conditions of Palestinians directly with churches, student organizations, trade unions, municipalities and social movements, the BDS strategy is planned not only to endorse economic consequences for Israel’s economy, but also, and often deemed more prominently, to dislodge hegemonic discourse that Israel is a progressive state. The stated goals of the campaign are predominantly grounded in education and building an international culture that supports Palestinian human rights: The major goals of this call are: To divulge to the world the nature of Israel’s occupation and apartheid regime;
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To give human rights an actual value by making Israel answerable and forcing it to pay a price for its crimes; To disclose and highlight the duty of the international community in supporting Israeli crimes and infringements of human rights and international law; and Above all, to end international support for Israeli occupation and apartheid since these cannot carry on without external support (Abu-Laban & Bakan, 2012). The campaign is intended to be agile in its application and adaptable to specific conditions in diverse international, regional and local contexts. Persistently, however, the place of Zionism as a hegemonic constituent in western ideology has been challenged and debates regarding the disposition of racism and anti-racism have inevitably ensued. In spite of facing strong lobbying and opposition to anecdotal degrees among organized Zionist interests, the BDS campaign has sustained to grow. Labor actions integrated historic acts of solidarity. Dockworkers in Durban, South Africa, for example, members of the South African Transport and Allied Workers Union (SATAWU), refused to offload an Israeli ship in anticipation of its arrival on 8 February 2009. In Norway, the Locomotive Drivers Union on 8 January saw all trains, trams and subways come to a close down in a two-minute protest, during which time an assertion demanding ‘the immediate withdrawal of all Israeli troops from Palestinian territory’ was read to all passengers (Morrison, 2015b). New and louder voices in support of boycotting Israel also embrace considerable challenges to the conventional Zionist organizations among the international Jewish community. The close acknowledgment of this campaign with the global movement for social justice was specified at the 100,000 strong meeting of the World Social Forum (WSF) in Belém, Brazil. The WSF made a statement in favor of the BDS campaign and further called for an international day of action on 30 March 2009 (Becker, 2009). The increasing influence of the movement among students, labor and human rights activists in light of the war on Gaza is analytical of its combined strategic and educational capacity. In framing Israel as an apartheid state, the BDS campaign has added to an anti-racist defy to the Orientalist and Islamophobic messaging linked with the George Bush era and the war on terror (Massad, 2006; Said, 2015).
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However, at the nucleus of the effectiveness of the BDS campaign strategy, and the fundamental subaltern factor in its counter-hegemonic force, is the unity of purpose that it reflects within Palestine itself. After decades of disappointment and crumbling in the aftermath of the failed Oslo accords, the BDS movement has united Palestinians transversely borders, political factions and generations. It has brought transformed attention to Israel’s invariable violations of international law, including the construction of the ‘apartheid wall’, the negation of civil rights of Palestinian Israelis and the denial of the right of return of Palestinian refugees (Barghouti, 2012). The dormant effectiveness of the BDS movement may be established in part by the reactive response of the hegemonic bloc it challenges, including the Israeli state. Israel’s refutation to adhere to international law overlaps with its public image as a ‘democracy’ challenged by ‘terrorists’. Its defensive posture is indicated in its unprecedented ‘rebranding campaign’ in cities around the world. This campaign looks for to market Israel as an attractive locale for tourism and investment and change the image of Israel as an antagonist state. The rebranding efforts can be expected to carry on in the aftermath of the carnage revealed during the war on Gaza (Benn, 2009). The current conjecture then is one in which an historic hegemony, where Zionism has been included in an international racial contract, is under stern challenge through the resistance from Palestinian civil society. There is, in this perspective, deepening reverberation to the counterhegemonic argument that views Israel as a state that should be isolated internationally through boycott, divestment and sanctions until it reverses its racist violations of international law and human rights. In dissimilarity to the failure of the United Nations successfully to sanction the Israeli state’s impudence of international law, what could be seen as a ‘United Nations from below’ has taken the responsibility. The BDS movement is one that international solidarity activists and anti-racist social theorists can and should fruitfully clasp and advance, regardless of the laden atmosphere of debate and challenges. In fact, these challenges can be understood as an unavoidable attribute of an ongoing dislodgement of an historic hegemonic discourse. The BDS strategic movement is showing all the signs of a current that can cultivate significantly and can provide as an important step in forging global solidarity against racism, colonialism and oppression.
Israel boycott from the realm of academia
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In 2005, one year after the International Court of Justice issued an advisory opinion affirming Israel’s wall in the West Bank illegal under international humanitarian law, a large sector of Palestinian civil society issued a call for an international boycott, divestment, and sanctions (BDS) campaign against Israel “until Palestinian rights are accepted in full compliance with international law.” More than one hundred seventy Palestinian civil society organizations, trade unions, rights movements, and political parties both in the diaspora and within the borders of historic Palestine legitimate the call. The boycott of Israeli cultural and academic institutions, which are seen as fundamental “to maintaining, defending, or whitewashing the tyranny of Palestinians,” is one facet of the larger BDS movement that has garnered much attention, becoming the object of heated controversy in the United States. BDS supporters observe the ethical deportment of the academic boycott as a crucial part of the larger movement as well as a symbolic advance in the sphere of public discourse; opponents believe the boycott an attack on the legitimacy of the Israeli state and a threat to academic freedom and cultural dialogue (Mullen, 2015). The movement for academic boycott obtained considerable concentration as a result of an initiative from British university and college lecturers for extending an educational campaign. This was met with substantial backlash, reverberating among Canadian universities, but not in a manner that served to stall impetus for discussion of the implications of academic boycott in either the UK or Canada. Presently, transformed initiatives to pursue the insinuations of academic boycott are under meditation among the University and College Union lecturers in Britain (Aboud, Choudry, Hanley, & Shragge, 2012). In the United States, the prestigious Hampshire College in Amherst, Massachusetts, turned out to be the first of any postsecondary institution in the country ‘to divest from companies on the grounds of their connection in the Israeli occupation of Palestine (Erakat, 2012). However, the reach of the BDS call has been much wider, corroboration by its implication during and after the 2008–9 war on Gaza. A few examples imply the speed and breadth of the appeal. University students in the UK, in a wave of protests considered equivalent to the events of the 1960s, were impelled to demand, among other issues and often successfully, that their universities divest funds from Israeli institutions (Dugan, 2009).
Conclusion
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The BDS campaign has pooled a number of successes and come to exercise significant power in a relatively short period of time. Despite of its contradictions, the campaign’s strategy of boycotts, divestment and sanctions open, for Palestinians and supporters of their rights and international law, innumerable new and varied points of political struggle. They make every university senate meeting, pension fund investment decision, shareholders’ meeting, purchase and film screening an imminent opportunity to challenge the extant discourse of Palestinian-Israeli politics. The campaign rendered nodes of contestation and give each of them another prospect to educate and organize for Palestinian rights and international law on a global scale.
Acknowledgement: We would like to acknowledge the financial support provided by University of Malaya under the Equitable Society Research Cluster (ESRC) research grant RP001A-13SBS.
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الداعمون ش SPONSORS
MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN
INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA
NIK JAI ASSOCIATES SDN BHD
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