Thoughts of Ghazālī on philosophy of politics and its relevance to Malaysia.

Al-Ghazali's political ideas in the context of politics in Malaysia.

This paper describes maslahah, a fundamental concept in Islam and its application in deliberating permissibility of human germline gene editing from an Islamic perspective. This paper refers to He Jiankui’s research that led to the birth of the world’s first gene edited babies, who were edited to be protected from HIV. The objective, procedure, and output of the research were assessed against the conditions of maslahah. It can be concluded that the experiment did not meet the conditions; it (...) is inconsistent with the objectives of shariah and some fundamental Islamic teachings that it did not preserve greater benefit, hence it could be considered impermissible. (shrink)

The release of over 6,000 genetically modified mosquitoes (GMM) into uninhabited Malaysian forests in 2010 was a frantic step on the part of the Malaysian government to combat the spread of dengue fever. The field trial was designed to control and reduce the dengue vector by producing offspring that die in the early developmental stage, thus decreasing the local Aedes aegypti population below the dengue transmission threshold. However, the GMM trials were discontinued in Malaysia despite being technologically feasible. The lack (...) of systematic studies in terms of cost-benefit analysis, questionable research efficacy and safety-related concerns might have contributed to the termination of the field trial. Hence, this research aims to evaluate the feasibility of GMM release in Malaysia by using a holistic approach based on an Islamic ethical-legal assessment under the maslahah-mafsadah (benefit-risk) concept. Three main strategies based on the maslahah-mafsadah concept approach have been applied: 1) an evidence-based approach, 2) an impact-based approach and, 3) a priority approach. The analysis concluded that GMM could be categorised as zanniyyah (probable). GMM is a promising alternative for dengue control, but many issues must be addressed before its widespread adoption. (shrink)

Advancement of modern agricultural biotechnology has brought various potential benefits to humankind, but at the same time ethical concerns regarding some applications such as genetically modified foods have been raised among the public. Several questions are being posed; should they utilize such applications to improve quality of their life, or should they refrain in order to save themselves from any associated risk? What are the ethical principles that can be applied to assess these applications? By using GMF as a case (...) study, this paper discusses possible answers to these questions from Islamic perspective. Such answers are based on the understanding of the Islamic concept of maslahah and mafsadah as well as the Islamic principles of priority. There is no specific GMF that has been declared as unlawful by Muslim scholars thus far. Nevertheless, they generally state that any GMF that contains unlawful substance is prohibited in Islam. Such statement can be understood since Islam puts highest priority to preserve shari’ah which prescribes the lawful and unlawful things in human life. Priorities have also been given to preserve human health and environment therefore any GMF that may inflict harm on both entities is also considered as unlawful. (shrink)

An exciting development in the field of assisted reproductive technologies is In Vitro Gametogenesis (IVG) that enables production of functional gametes from stem cells in the laboratory. Currently, development of this technology is still at an early stage and has demonstrated to work only in rodents. Upon critically examining the ethical dimensions of various possible IVG applications in human fertility treatment from a Sunni Islamic perspective, together with benefit-harm (maslahah-mafsadah) assessment; it is concluded that utilization of IVG, once its (...) efficacy and safety are guaranteed, could be permissible by strictly adhering to Islamic ethical principles related to marriage, biological/genetic relatedness, sexual intercourse, and moral status of the embryo/fetus versus that of the gamete. As a result, IVG will be acceptable for treating primary infertility, age-related infertility, and preventing genetic diseases. However, it will be unacceptable for application in posthumous reproduction, donor gametes, genetic enhancement, and procreation in same-sex couples. (shrink)

Non-medical or Social egg freezing (oocyte cryopreservation) is currently a controversial topic in Islam, with contradictory fatwas being issued in different Muslim countries. While Islamic authorities in Egypt permit the procedure, fatwas issued in Malaysia have banned single Muslim women from freezing their unfertilized eggs (vitrified oocytes) to be used later in marriage. The underlying principles of the Malaysian fatwas are that (i) sperm and egg cells produced before marriage, should not be used during marriage to conceive a child; (ii) (...) extraction of mature egg cells from single women being unacceptable; and (iii) fertility preservation in anticipation of late marriage is a conjecture that has not yet occurred. Ovarian tissue freezing can potentially be a more Shariah-compliant alternative to social egg freezing, because once the frozen ovarian cortical tissue sections have been re-transplanted back into the woman, mature egg cells can readily be produced, collected, and fertilized by the husband’s sperm only during the period of marriage contract (′akd al-nikāḥ). Unlike accidental mix-ups with frozen eggs, muddling of lineage (nasab) would be automatically avoided in ovarian tissue freezing due to immunological rejection. However, upon critical analysis based on Qawā’id Fiqhiyyah (Islamic Legal Maxims), Maqāṣid-al-Shariah (Higher Objectives of Islamic Law), and Maslaḥah-Mafsadah (benefits versus harmful effects on society), elective ovarian tissue freezing by healthy single women for social reasons would likely be a highly contentious and controversial issue within Muslim communities that may conflict with conservative social-religious norms. This thus needs further debate among Islamic jurists in dialogue with medical doctors and biomedical scientists. (shrink)

Rapid developments in science and technology have resulted in novel discoveries, leading to new questions particularly related to human values and ethics. Every discovery and technology has positive and negative implications and affects human lives either directly or indirectly, involving all walks of life. Bioethical discourse in Malaysia must consider the multiracial and multireligious background of Malaysia and especially the Islamic view as the majority of Malaysians are Muslims and Islam is the religion of the federation. This article discusses several (...) selected bioethical issues in Malaysia by studying the application of maṣlaḥah (the public good) and mafsadah (evil and harms) in Malaysian Islamic rulings (fatwas). This article uses the critical interpretation approach, as this is an ethical, interpretive, textual, and contextual analysis. In a situation when there is a conflict between maṣlaḥah and avoidance of mafsadah, it is preferred to attempt to address both needs. However, if maṣlaḥah and avoidance of mafsadah are mutually exclusive, the decision to choose must be made by weighing (tarjīḥ) and choosing the one which is superior. The maṣlaḥah and mafsadah concepts play vital and significant roles in bioethical discourse to realize human essential interests, namely faith, life, lineage, intellect, and property, thus achieving maqāṣid al-sharīʿah (the ultimate goal of sharia). This concept helps in guiding bioethical discussions, especially in determining the priority between achieving benefits and avoiding harms. The application of this concept will also assist Malaysian authorities in formulating appropriate rulings, especially bioethical issues related to Malaysian Muslims’ lives. (shrink)

Prophethood (nubuwwah) is a divine institution that teaches the healthy progression of relations between Allah and humans, as well as between humans and the universe. However, from another perspective, it is also considered a human institution. Some opponents of religion, lacking strong evidence to challenge the existence of Allah, direct their objections towards prophethood, which is seen as a manifestation of Allah’s attribute of speech (kalām). To counter the rejection of prophethood, scholars of theology (kalām), hadith, and Prophetic biography (sīrah) (...) have compiled a body of literature known as Dalāʾil al-nubuwwah (Proofs of Prophethood). Their aim has been to collect proofs supporting prophethood as a response to these refutations and to dispel doubts regarding it. All extraordinary events occurring from before the birth until the death of Prophet Muhammad are considered evidence.During the fifth century, a notable figure in this tradition was the Shāfiʿī scholar al-Māwardī, who defended prophethood in his book Aʿlām al-nubuwwah (The Signs of Prophethood). Aʿlām al-nubuwwah has inspired subsequent works in this field due to its clarity and robust proofs. It became known by both names, Aʿlām al-nubuwwah and Dalāʾil al-nubuwwah, as it encompassed methods of narration and debate. Within his work, al-Māwardī mentions figures like Barāhimah, Dahriyyah, and certain philosophers as representatives of the idea rejecting prophethood. According to him, Barāhimah, of Indian origin is a sect that denies prophethood despite accepting the unity of Allah. Dahriyyah is a denialist sect attributing eternity to the universe and creativity to nature. Al-Māwardī considers these philosophers as infidels due to their comments on prophethood rather than outright denial. The basis of these movements' idea of denying prophethood lies in their efforts to portray reason (ʿaql) as an alternative to revelation (waḥy). Jews and Christians, on the other hand, are portrayed as groups that accept the concept of prophethood, however they reject Muḥammad’s. prophecy. Their objection stems from the fear of their religions being superseded. Al-Māwardī counters those rejecting prophethood by addressing the public interest (maṣlaḥah) of humans, the necessity of prophets, and the role of miracles. He illustrates that prophet charged with the duty of prophethood proves it through spectacular events orchestrated by Allah but carried out through his own hand. The prophet serves the public interest by conveying matters beyond human intellect and presenting them in a comprehensible manner, thereby ensuring the worldly and eternal felicity of humanity. Furthermore, he provides evidence for the Prophet Muḥammad’s prophethood through his moral character, prophetic biography, and accounts of miracles. The biography of Prophet Muhammad’s begins before his birth, and the method of proof is used to demonstrate his prophethood. In essence, al-Māwardī’s method of proving prophethood in Aʿlām al-nubuwwah can be seen as a synthesis of the approaches used by scholars of theology and hadith. One prominent figure in this tradition during the fifth century was the Shafi'i scholar al-Māwardī who defended prophethood through his book " ʿA'lām al-Nubuwwa" (The Signs of Prophethood). In his work, al-Māwardī mentions figures like Barahima, Dahriyya, and certain philosophers as representatives of the idea rejecting prophethood. While the Jews and Christians accept the concept of prophethood, they reject the prophecy of Muhammad (P.B.U.H). These groups attempt to present logic as an alternative to divine revelation (Wahy), as their objection stems from their concern that their religions may be abrogated. Al-Māwardī responds to those who reject the institution of prophethood by addressing the public interest (maslaha) of humans, the necessity of prophets, and the role of miracles. He also provides evidence for Muhammad's (P.B.U.H) prophethood through his moral character, prophetic biography, and accounts of miracles. In short, al-Māwardī's method of proving prophethood in "A'lām al-Nubuwwa " can be seen as a synthesis of the approaches used by scholars of theology (Kalam) and hadith. (shrink)

This study aims to analyse the pros and cons of imposing penalties or fines in law enforcement regulations for violating health protocols in Indonesia. Some people consider that the norm of the fine sanctions in statutory provisions regulating health protocol violators is unconstitutional, but others say it is constitutional. As a country with the largest Muslim population in the world, a study of the perspective of Islamic law is essential. This article uses a normative legal research methodology using two main (...) approaches: the statutory and conceptual approaches. The results show that fines are found in the criminal law clusters and state administrative law. Penalties in state administrative law in their enforcement do not require intervention from other institutions. Still, they can be carried out directly by government officials whose authority has been determined in the laws and regulations. Meanwhile, from the Islamic perspective, the fine sanctions can be applied, in the context of hifz Al-Insan, in Maslahah Mursalah as part of the maqasid al-Syari’ah. The obligation to obey government regulations is part of a person’s obedience to God’s commands. Contribution: This study’s findings can support the government in enforcing the law to combat the spread of the coronavirus disease 2019 (COVID-19) in Indonesia and other countries because, constitutionally, the law is legal. Then, the legality of fines for violators of the COVID-19 health protocol, from an Islamic perspective, does not contradict maqasid al-shari’ah. So, there should be no doubts for Muslims to obey these regulations. (shrink)

With the growth of Muslim economies, both at the national and international levels, the issue of riba (interest, usury) poses great difficulties. The charging or receiving of riba has been forbidden in Islam, which presents a major problem to financial institutions that charge interest. Muslim legal scholars belonging to all schools of legal thought have reinterpreted scriptural sources to accommodate drastic economic changes; practical considerations have forced Muslim groups, both of Sunni and Shi'ite persuasion, to justify interest-based banking and other (...) institutions of finance. As a matter of religion, the status of interest is far from resolved. However, within the legal tradition, there are ethical principles like maslahah (public good) and la darar wa la dirar (no harm, no harassment) that will determine the future direction of a Muslim search for a morally responsible economy. (shrink)

Nowadays, genetically modified foods find application in many sectors from livestock to health and especially in agriculture. From Islamic law perspective, the critical point is to know whether the modern biotechnology is properly used in genetically modified food production and whether these products are suitable for human health and whether all production stages are halal. Another important point is the uncertainty that may arise during the production and whether the precaution can be taken. The Islamic law methodology is of great (...) importance in understanding and resolving the above issues in line with religious values and scientific data together. This paper outlines how the Islamic law methodology can be applied to the issues of genetically modified goods in an interdisciplinary framework, by combining the pillars of Islam and scientific knowledge, and thus promoting what is morally, legally and economically beneficial for halal nutrition and life, for all humanity, Muslims and non-Muslims. We reach the conclusion that there are no definitive provisions set by Islamic law about these issues but they can be resolved within the scope of maslahah and maqasid, which is to achieve the righteous and eliminate the harmful. (shrink)

This article discusses the issue of arrangement /ordering of compulsory-comprehensive maqāsid. In this respect, the main purpose is to help clarify the ordering problem. To accomplish this task, the classical and contemporary studies on this subject were reviewed. Within the scope of this research, it has been determined that the universal principles are generally listed in the order of religion, nafs, mind, generation and property. However, alternative orderings can be found where the nafs is placed at the forefront. The focal (...) point of the ordering problem is emerges from the question of whether Allah's rights/otherworldly maqāsid should be priorities or servants' rights/worldly maqāsid. The conflict between religion, which is an otherworldly value, and other principles played an active role in this classification of maqāsid. Many legal scholars who placed religion in the first place in the classical period did not clearly explained the justification of their arrangement. Also, many of today's researchers also stated that religion should come first. The scholars who put both the religion and the nafs in the center have listed many evidence for their preference. The legal scholars who put religion at the center have pointed the verse " I have not created the jinn and men but they may worship Me" as the basis for their views. Accordingly, the main purpose of the creation of human being is to serve Allah. Because the most important right to be fulfilled is the right of Allah religion should take precedence over other virtues in maqasid. Religion is also the only essential way that leads to eternal happiness. According to the legal scholars who put religion into the center, other maqasid principles are secondary. Correlatively, other principles serve religion. The hadith "The debt to Allah is more worthy of being paid." has been made the basis. Since religion constitutes the essence of the maqāsid, it is also a requirement of reason to make religion essential. According to another reason they stated, the obligation of jihad also ensures that religion is at the center. The obligation of jihad causes lives to be sacrificed to protect the religion. This means that religion is superior to the nafs and other principles. Because jihad, which is the order of religion, is fard. The scholars who maintain that the rights of the servants should take precedence over the right of Allah have cited also a lot of evidence. We come across with their views presented as a weak view in the sources or as an answer to a possible question. There is no clear information about to whom these views belong. Therefore, it is stated that no one introduces the nafs to religion. As a matter of fact, it is stated that it is not correct to qualify these views as an independent view defended by scholars. In other words, the view putting the nafs at the center and the evidence to this preference at this point should be regarded as hypothetical. We are of the view that these claims of contemporary writers need to be proven. The basic reason of the views that puts the nafs in the center is based on the pre-acceptance that maslahahs like the nafs are the right of servants while religion is the right of Allah. The given reasons can be addressed under three main headings: punishments, mitigation of prayers, and concern with non-Muslims. In case where the rights of the servant and Allah unite, the rights of the servant should be preferred. Because, the rights of servants are on hardship, and the rights of Allah are on breadth and mercy. On the contrary to the rights of the servants, postponing or neglecting the right of Allah will not harm Allah. It is clear that if the rights of the servants face postponement, they will suffer serious damage. The fact that killing a man who both abandoned his religion and killed someone unfairly, not for his departure from religion, but for retaliation, that is, the right of a servant, is a concrete example of this. The shortening of the prayer during the journey, the patient’s abandoning standing in prayer and the fasting, and other examples also require the human to be in the center. Today, there are researchers who take the nafs to the center. The existence of religion for humans and society reflects the view of these researchers. Because it is clear that religion will remain dysfunctional where there is no human and society. When these evidences are examined carefully, it can be concluded that the opinion that defends the nafs to be at the center of comprehensive maqāsid is preferable. (shrink)

One of the most significant economic challenges faced by people with disabilities in Turkey and globally is employment. Unfortunately, even in developed countries, the desired level of employment of the disabled individuals has not yet been measured up. The fundamental rights and freedoms of employment and labor have gained a basis of legitimacy through certain principles within the legal system throughout human history. As a matter of fact, in the main references of Islamic law, the principles of justice, rights, equality (...) of opportunity, merit, anti-discrimination, and social responsibility for all people in general and disabled people in particular have been a reference in the development of employment policies. In this regard, the main objective of Islamic economic policies has been determined as ensuring the happiness of the individual in this world and the hereafter since the early period. The study first includes active and passive employment models developed in modern legal systems. It can be stated in this framework that from the early period, both in the practices of the Prophet Muhammad and the Companions and in the later Islamic societies, institutionalization was provided according to the characteristics of the period in which disabled individuals were actively and passively employed, and it can be stated that the developments regarding the employment of disabled individuals in Islamic societies started much earlier than expected. However, we must admit that legal regulations in the modern sense were introduced later compared to the West. The study focuses on the phenomenon of disability, the problems and needs of the disabled, and the studies on employment in Islamic societies from the past to the present. It is determined that many disabled people in Islamic society are actively employed in state positions ranging from imam to judge, from commander to governor according to their abilities, and the disabled people who cannot be employed are compensated for their disadvantages through passive employment methods such as health, care, housing, salary binding, and tax reduction. Determining the principles of employment of disabled according to Islamic law is the main subject of the study, and it has been established that maslahah, custom, siyasa shar’iyya, merit, and sedd-i zerâi constitute the jurisprudential basis of the employment of the disabled in Islamic law. In this framework, it has been stated that the principle of maslahah plays a key role in the development of social responsibility policies, in resolving issues that are not included in verses and hadiths and furû fiqh acquis, in gaining the economic independence of disabled and ensuring the minimum standard of living. Maslahah is also beneficial for the individual, family, society and the state, too. It has been pointed out that the employment of disabled people has become one of the most significant matters of both national and international legal regulations today, and it has been determined that the employment of disabled people has transformed into customary practices in accordance with the criteria of being a source of Islamic law. In Islamic administrative law, active and passive employment policies, legal regulations, and institutional structures related to disabled are carried out by the authority delegated to public administrators under the siyasa shar'iyya. It has been emphasized that administrative and public service appointments in Islamic law are ordered to be made on the basis of merit, that nepotism and favoritism are prohibited, and that disability is not an obstacle to employment. In conclusion, the insufficiency of studies on employment of people with disabilities in Islamic law has been pointed out and it has been suggested that further studies should be carried out on these subjects and exploitation of disability according to Islamic law should be studied. (shrink)

Writings on al-Shāṭibī have focused on his views on maṣlaḥah and Maqāṣid al-Sharīʿah. His approach to the interpretation of the Qurʾān and the implications of such an approach have only rarely been heeded. This study addresses this aspect of al-Shāṭibī’s work. It essentially asserts that in restructuring Islamic legal theory around the idea of Maqāṣid al-Sharīʿah, al-Shāṭibī brought jurists and Qurʾān commentators closer to one another. It further argues that his contribution went beyond the interest of jurists centred on legal (...) reasoning by holding a comprehensive hermeneutical view of the Qurʾān informed by belief in the thematic unity of its sūrahs and verses. Taking such unity as the cornerstone of a sound understanding of the Qurʾān capable of grasping its eternal values and universal principles, he developed a methodology that has inspired a few eminent contemporary Muslim scholars who have developed what has come to be known as thematic interpretation of the Qurʾān. This article discusses al-Shāṭibī’s hermeneutics of the Qurʾān by delineating his epistemic and methodological propositions. Thus, the author aims to show the existence of semantic unity and epistemic interconnectedness among different disciplines in Islamic scholarship. (shrink)

In this article, the views of Yusuf al-Qaradawi (d. 2022) on the change of the fatwa are discussed. Other issues of the fatwa method are generally excluded from the scope. At the point of solving new problems, the change of the fatwa is important. The aim of the study is to reveal al-Qaradawi's contribution to the issue of changing the fatwa. In this study, in which the qualitative research method was used, thematic reading was made. As it is known, scholars (...) have adopted the idea that the provisions open to ijtihad can be changed. According to al-Qaradawi, there is even a consensus on this. Likewise, there is a consensus that the final provisions are not subject to change. al-Qaradawi mentioned that independent ijtihad activities should continue. Because only in this way can fiqh remain alive and dynamic. Therefore, it can solve new problems. Therefore, the idea that the door of ijtihad is closed cannot be accepted. On the other hand, scholars should take into account the ancient jurisprudence. It should contribute to this information by adding or correcting it. The principles that allow the change of the fatwa are four in the form of time, place, situation and custom. al-Qaradawi stated that he added six new elements to these. These are as follows: The change of information, the change of people's needs, the change of people's power and possibilities, umumu'l-balwa, the change of social, economic and political conditions, the change of opinion and idea. The author has reached these six elements as a result of a deep research. Muftis should take these factors into consideration when issuing a fatwa. Because the maslahah of the servants and the principle of convenience require this. (shrink)

In Islam, the acquisition of knowledge is a form of worship. But human achievement must be exercised in conformity with God's will. Warnings against feelings of superiority often are coupled with the command to remain within the confines of God's laws and limits. Because of the fear of arrogance and disregard of the balance created by God, any new knowledge or discovery must be applied with careful consideration to maintaining balance in the creation. Knowledge must be applied to ascertain equity (...) and justice for all of humanity. Research in Islam must be linked to the broad ethical base set forth in the Qur'an and the Sunnah. Whether embryonic stem cell research or cloning is ethically acceptable in Islam depends on the benefits derived from such applications. What is most important for the scholars is to adhere to the concepts of compassion, mercy, and benefit to everyone. (shrink)