Mohammad Hashim Kamali

Mohammad Hashim Kamali

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A Textbook Of Hadith Studies (P/B)

Highlights:

Mohammad Hashim Kamali, born in Afghanistan in 1944, was a professor of Islamic Law and Jurisprudence at the International Islamic University in Malaysia, and dean of the International Institute of Islamic Thought and Civilization (ISTAC) from 1985 2007. He is currently chairman and CEO of the International Institute of Advanced Islamic Studies, Malaysia. He is also on the international advisory boards of eleven academic journals published in Malaysia, the United States, Canada, Kuwait, India, Australia, and Pakistan. Professor Kamali has addressed over 120 national and international conferences, and has published sixteen books and over 110 academic articles. His books include The Principles of Islamic Jurisprudence, Freedom of Expression in Islam, and Islamic Commercial Law: An Analysis of Futures and Options. “

Citizenship and Accountability of Government: An Isiamic Perspective (P/B)

Highlights:

The concepts of citizenship and the accountability of government have never been discussed as separate topics in Islamic Jurisprudence. In Citizenship and Accountability of Government: An Islamic Perspective, Prof. M.H. Kamali brings together these two subjects, traces their origins in the Qur’an, theSunnah of the Prophet and the practice of the first four caliphs; follows their integration under different branches and discussions of the rights and obligations of Muslims in Islamic law; and finally, advances possible applications for each subject to modern Muslim states and to the position of Muslims living in non-Muslim countries.

Citizenship and Accountability of Government: An Islamic Perspective includes discussions of: the definitions of citizenship; the rights of citizens; the duties of citizens; citizenship laws; the concepts of dar al-Islam (abode of Islam); dar al-harb (abode of war) and the dar al-‘ahd (abode of treaty); the ummah and the nation-state; government as a trust; the selection of officials; the relationship between authority and citizens; corruption and the misuse of public funds; despotism and dynastic misrule; the right of complaint; the limits of obedience; impeachment of officials and heads of state; the foundation of institutions of accountability.

In addition to the topics of citizenship and accountability of government, this volume contains a discussion of freedom of movement in Islam which is the last of the fundamental rights in Prof. M.H. Kamali’s series on fundamental rights and liberties in Islam. Freedom of movement is included in this volume as it was never discussed as a separate topic in Islamic jurisprudence and therefore has certain similarities with the two other subjects of this volume.

Islam and Diplomacy: The Quest for Human Security

Highlights:

ISLAM AND DIPLOMACY provides a wide-ranging discourse on the relevance of Islam to global well-being and human security from legal, spiritual, moral and historical perspectives. As prevailing realities in the Middle East and many other parts of the world amply demonstrate, the tools of modern secular diplomacy are not always adequate to address violent sectarian or religious clashes and social tensions, nor to suggest long-term workable solutions for them. This book expounds the largely untapped potential of a faith-based diplomacy and suggest integrating religious norms as an added impetus to conventional diplomacy for the benefit of global peace and harmony. it is also demonstrates that Islam possesses a rich tradition of legal, spiritual and ethical values prioritizing peace and human security. Islamic heritage is also sufficiently nuanced to offer flexible paradigms for addressing problems of coomunal identity that may well be beyond the reach of traditional diplomacy, such as ethnic conflict, tribal warfare, and religious hostilities.

Principles of Islamic Jurisprudence (2nd Revised Edition)

Highlights:

This book offers a detailed presentation of the theory of Muslim law (usul al-figh). Often regarded as the most sophisticated of the traditional Islamic disciplines, Muslim jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur’an and the Sunna – the precedent of the Prophet. Revelation, which is given to man to restore unity and help him achieve a just and devout order in society as well as in the soul, must be interpreted so as to render it practicable in every culture, while not betraying its spirit and immutable provisions. To achieve this, additional sources of legal authority are recognized, including consensus (ijma), analogical deduction (qiyas), public interest (maslaha) and local customary precedent (urf). In employing these, the jurist guards the five principles which it is the purpose of Islamic law to uphold, namely, the right to life, sound mind, property, lineage and religion.

Tajdid, Islah and Civilization Renewal in Islam

Highlights:

The history of Islamic thought is marked by a continuous tradition of internal revitalisation and reform embedded in the principles of islah, and tajdid. The ultimate purpose has been to bring existing realities and social change in line with the transcendent and universal standard of the Qur’an and Sunnah through a process of restoration and reform. The tradition of islah-tajdid has thus consistently challenged the Muslim status quo and prompted fresh interpretation of the Qur an and Sunnah, understood and implemented through the methodologies of interpretation and ijtihad, as well as the rejection of unwarranted accretions to the original messages of Islam. The basic theme of the paper is that civilisational renewal is an integral part of Islamic thought. The paper looks into the meaning, definition and origins of tajdid and islah and their relationship with ijtihad, and how these have been manifested in the writings and contributions of the thought leaders of Islam throughout its history. It also develops tajdid-related formulas and guidelines that should lead the efforts of contemporary Muslims in forging the objectives of inter-civilisational harmony and their cooperation for the common good.

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The Middle Path of Moderration in Islam (H/B)

Highlights:

In The Middle Path of Moderation in Islam, leading Islamic law expert Mohammad Hashim Kamali examines the concept of wasatiyyah, or moderation, arguing that scholars, religious communities, and policy circles alike must have access to this governing principle that drives the silent majority of Muslims, rather than focusing on the extremist fringe. Kamari explores wasatiyyah in both historical/conceptual terms and in contemporary/practical terms. Tracing the definition and scope of the concept from the foundational sources of Islam, the Qu’ran and Hadith, he demonstrates that wasatiyyah has a long and well-developed history in Islamic law and applies the concept to contemporary issues of global policy, such as justice, women’s rights, environmental and financial balance, and globalization.

Framing his work as an open dialogue against a now-decades long formulation of the arguably destructive Huntingtonian “clash of civilizations” thesis as well as the public rhetoric of fear of Muslim extremism since the attacks of September 11, 2001, Kamali connects historical conceptions of wasatiyyah to the themes of state and international law, governance, and cultural maladies in the Muslim world and beyond. Both a descriptive and prescriptive meditation on a key but often neglected principle of Islam, The Middle Path of Moderation in Islam provides insight into an idea that is in the strategic interest of the West both to show and practice for themselves and to recognize in Muslim countries.

The Right to Education, Work and Welfare in Islam (P/B)

Highlights:

In The Right to Education, Work and Welfare in Islam Professor M.H. Kamali develops an Islamic perspective on three connected and complementary areas of rights and liberties. He urges that education is often a necessary ingredient of professional work even more so now than in earlier times when the range and variety of specialised knowledge were relatively limited. A person who acquires education, whether generally or at advanced levels of specialisation, is more likely to stand in a better position to enter the workforce and thus to contribute to the welfare of the community.

The author commences his discussions on education, work and welfare in Islam by focusing on how each is treated in the Qur’an; and follows this by the example of the Prophet and, after him, the Pious Caliphs who gave prominence to the education and welfare needs of people at times both of scarcity and affluence. Professor Kamali then moves forward to our time and discusses the right to education, the education of children, institutionalisation of learning, academic freedom and the debate between science and religion.

The section on work elaborates on the value of work, work ethics, workers’ and employers’ rights and responsibilities, and the role and responsibility of governments.
Finally, the section on welfare focuses on the importance in Islam of caring for those who are in need and the different forms of provision that can be made available by individuals, the state and charities.

The Right to Life, Security, Privacy and Ownership in Islam (P/B)

Highlights:

A person’s right to life, personal security, privacy, and ownership are the most basic of all the fundamental rights and liberties and are of concern to all legal systems and traditions. To address them side by side with one another, as is attempted in the present volume, is reflective of their natural priority and significance. These rights are simultaneously the most vulnerable to aggression and abuse.

The right to life is the basic right from which all the others derive. The discussion of this fundamental right includes: the sanctity of life from the Islamic perspective, murder, unintentional killing, the death penalty and compensations for victims. This chapter also includes discussions of abortion, suicide, and euthanasia.

The second of the rights discussed is the right to security and this includes: the security against unlawful arrest, the right to fair treatment, the right to counsel, freedom from aggression and torture.

The third right is that of privacy and is mainly concerned with the privacy of one’s home, confidential correspondence, and immunity against invasion of privacy in the forms of interception of correspondence, eavesdropping and other such violations.

Finally, the discussion of the right of ownership includes the four aspects of ownership in Islam, legitimate and illegitimate means of acquisition of ownership, and the restrictions that the Shariah imposes on the exercise of this right including taxation, inheritance and bequests.

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