Ahmad Badri Abdullah

An Analysis of Islamic Jurisprudence (Fiqh) As Applied Islamic Ethics

As the dynamic cognitive part of the Shari’ah, fiqh is inclined to adapt to new challenges by adopting new methodologies and approaches. One such approach that has emerged recently is ‘applied Islamic ethics’. This new ethical approach is essentially based on the principles of the higher objectives of Shari’ah ( maqasid al-shari’ah ) and attempts to anchor Islamic jurisprudence in its ethical dimension, which has been significantly neglected for some time. This article attempts to analyse the new approach by surveying its historical developments, its possible methodologies, the benefits emanating from its application and the possible challenges it needs to face. Keywords : Applied Islamic ethics, ethics, fiqh , shari’ah , maqasid al-shari’ah , jurisprudence

Happiness as an Objective of Shari’ah: Analysing Its Operationalisation in Public Policy

Research on happiness has generated much interest in recent years, largely due to the failure of many modern societies to offer a balanced and healthy lifestyle parallel to their rapid material growth. Research has shown that happiness is a more comprehensive indicator of public well-being compared to aggregate-based evaluations (such as GDP, household debt, and so forth). Happiness is also a more holistic and humane measure for informing policymaking decisions, and more likely produce better results. Surveys in Islamic jurisprudence have shown that happiness—in its contemporary conception—is absent from religio-legal mind-sets and considerations. Happiness is somehow overlooked in Islamic jurisprudence, despite numerous references to ‘aspects’ of happiness in the Qur’an and Islamic philosophical and mystical traditions under terms such as falāḥ, farḥah, sacādah, mutmainnah, ḥayātan ṭayyibah, masrūroh and sakīnah. This article proposes that happiness be recognised as one of the higher objectives (maqāṣid al-cāliyyah) of Shari’ah. Its socioeconomic applications will also be highlighted. It is proposed that Islamic countries readjust their evaluative measures of development and elevate happiness as a core factor for consideration.

Book Launch and Panel Discussion – ‘Defining Islamic Statehood: Measuring and Indexing Contemporary Muslim States’ (IAIS Malaysia, 31 March 2016)

On 31 March 2016, IAIS Malaysia hosted a book launch event for Imam Feisal Abdul Rauf, founder and Chairman of The Cordoba Initiative, who had published a new book entitled ‘ Defining Islamic Statehood: Measuring and Indexing Contemporary Muslim States ’. The book was launched by Tun Abdullah Ahmad Badawi, the former Prime Minister of Malaysia and Chairman of IAIS Malaysia. In his speech, Tun Abdullah congratulated Imam Feisal for his success in bringing to fruition such an important project to provide realistic and practical guidelines on Islamic governance and statehood for the Ummah in the 21st century.

The Use of Big Data and its Effects on the Right to Privacy: A Shari'ah Perspective

The use of big data systems is expanding faster than the rules or legal infrastructures that manage them. Everyday, transnational companies like Google process more than 24,000 terabytes of data and a few largest banks in the world manage more than 75 terabytes of internal corporate data. Facebook, the parallel world with 1.2 billion users at a time who send 10 billion messages, upload 350 million pictures and 250 million videos, is another hallmark of the rise of big data.

Reimagining Islamic Ethics in Contemporary International Relations

The deplorable plight of Rohingya Muslim boat refugees who have been refused entry by their neighboring Muslim countries was a disheartening episode for the ummah . The subsequent involvement of the Turkish government in dispatching ships of the Turkish Armed Forces to rescue the refugees has reopened the discourse on the necessity for a confederation of Muslim nation-states acting in concert within the global context as an operative framework of Islamic ethics in international relations. The episode invites Muslims to rethink the role of their own religious tradition in providing relevant ethical guidelines for international affairs that simultaneously address the reality of the modern nation-state.

Balancing Power and Love towards Global Stability in the Muslim World

The Muslim Ummah is currently suffering from a deteriorating crisis namely the crisis of love and power. This is evident with the recent unfolding events of ruthless actions taken by some extremist groups who have recklessly portrayed Islam as a religion of hatred and violence. The extent of this was unprecedented with other political turmoils in middle-eastern countries which have given rise to calamities and great loss of life among citizens. Moreover, the rise of terrorism in the Muslim world now is the quintessential crime of those who feel powerless and thus seek to undermine the perceived power of a targeted group. These anecdotes exhibit the obsession of power among the Muslims along with the absence of love for fellow humans.

Maqasid in Risk Management: An Analysis of Ijarah Contract with Special Reference to Malaysia

Ijārah-based financing is currently generating greater interest among industry players and policy makers due to its minimal risk exposure. Being asset-backed it has a lesser risk overload, no default risk and better profits and now offers a viable alternative to controversial debt-based financing instruments. This paper attempts to highlight the benefits of applying the objectives (maqāṣid) of ijārah contract and how a diligent compliance to its maqasid can help manage Shari’ah and business risks. It is also hypothesised in this study that a sincere compliance to the Shari’ah’s objectives in financial transaction (maqāṣid al-mucāmalāt) would reduce risks in the Islamic banking industry. Current applications of ijārah-based instruments by Islamic banks in Malaysia are analysed to show the gaps between its theoretical presumptions and the actual applications on the ground. Some unresolved Shari’ah issues relating to the implementation of al-ijārah thumma al- bayc (AITAB) (a contract of leasing ending with a sale) as well as issues regarding ṣukūk al-ijārah (leasing bond) are discussed in order to provide evidence for such dissonances. The study recommends constructive measures to be undertaken by policy makers to resolve the governance and legal problems with regard to the implementation of AITAB and ṣukūk al- ijārah.

Halal Vaccine and the Ethical Dimension of Vaccination Programmes

By 2017, Malaysia plans to be the main global producer of halal vaccines as announced by its Minister of International Trade and Industry, Mustapa Mohamed, at the World Halal Forum 2014 in Kuala Lumpur. A Saudi corporation, he added, has already invested USD 100 million in the Halal Industry Development Corporation (HDC) to produce halal vaccines for meningitis, hepatitis, and meningococcal. Despite such development, only less than a year ago, the Health Exco of Penang state government in a press statement denounced parental refusal to vaccinate their children primarily due to religious reasons. He pointed out that the government’s immunisation requirement has met with scepticism from parents, especially middle class parents. The Exco’s concern is valid and legitimate given the risk associated with the lack of vaccination, such as a fatal case involving an unvaccinated four-year-old child due to diphtheria, as the child’s parents were doubtful of the safety, efficacy, as well as the halal status of vaccines. These instances beg a question as to how the new halal vaccines industry in Malaysia would address the ethical predicaments in vaccination.