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The Islamic Economy and its Connection with the Project of Civilizational Islam: The Malaysian Experience
Author : Dr. Safwan Odaybat
Date Added : 29-01-2023

The Islamic Economy and its Connection with the Project of Civilizational Islam: The Malaysian Experience

 

Islam is the seal of religions and Allah sent Prophet Mohammad, blessings and peace be upon him, to give the good news of the arrival of this religion, which fits in every time and place. Almighty Allah says {What means}: "We have not sent thee but as a universal (Messenger) to men, giving them glad tidings, and warning them (against sin), but most men understand not." {Saba`/28} and He, The Most Exalted Said (What means): "Say: "O men! I am sent unto you all, as the Apostle of God," {Al-`Araf/158}. The Glorious Quran came in perfect harmony with the nature of this divine religion, which is characterized as comprehensive, balanced, and realistic. Allah The Almighty Says {What means}: "One day We shall raise from all Peoples a witness against them, from amongst themselves: and We shall bring thee as a witness against these (thy people): and We have sent down to thee the Book explaining all things, a Guide, a Mercy, and Glad Tidings to Muslims." {An-Nahil/89}.

 

The Quran`s comprehensiveness of the religious, political, economic, and social aspects of life stands out via its total and partial provisions. Some rulings that aren`t affected by change in time, place, and individuals are shown in a detailed manner not amenable to nullification nor change, as reflected in provisions concerning inheritance and prescribed penalties. As for the general issues, which change with change in time, place, and individuals, general criteria and total controllers were formulated to regulate how they are applied and acted upon, as in financial transactions, economic as well as political issues. This is confirmed and explained in detail by the Prophetic Sunnah. In addition, the Prophetic guidance on dealing with various political, economic, and social issues represents a flexible and balanced Islamic approach and a role model in dealing with life affairs in light of constants and variables. 

 

Islam came to establish a civilizational project that aims to build, not destroy; unite, not divide; urbanize, not backward. However, it respects human mind, grants it freedom, but regulates the latter with the teachings of the religion, code of ethics, and values.

 

The civilized models of different countries where complete integration and blind imitation have taken place along with divesting from the fundamentals of the Islamic civilization in all aspects of life, may give future generations the impression that our religion is unfit for establishing an advanced urban civilization and that it is merely a set of religious rites, hymns and songs. In the labyrinth of this darkness and loss, we are in need for a contemporary experiment that annuls this understanding and proves, through practical application, Islam`s ability to advance human civilization in light of respecting other civilizations through science, work, and values.

 

The Malaysian Prime Minister, Ahmad Badawi, has submitted the project, (Civilizational Islam), in 2003, to make the Malaysian society return to the truth and essence of Islam, focus on the moral and social values and employ them in developing the human capital to arrive at sustainable development in the state of Malaysia. This is knowing that the spirit of this project was acted upon since the fifties; immediately (1) after the independence.

 

The Malaysian experience provided conclusive evidence for the need to link between the aspects of culture and value on the one hand and any civilizational developmental political, economic or social projects on the other.

 

Malaysia used to suffer from enormous problems concerning the intellectual and civilizational construction, multi ethnicity, how to manage them as well as the economic and political aspects. Therefore, the Malaysian society was restructured via plans and strategies to reduce the ethnic gaps between its members. Moreover, Islamic values were translated into a roadmap to elevate the Malaysian society to the rank of societies that respect time, appreciate its value, and work with integrity and honesty to form a nucleus of a strong state competitive in all fields.

 

In addition, the Islamic economy was restructured in Malaysia through its management and the employment of Islamic values to form a positive motivation to advance the Malaysian society. As a result, the Hajj Fund, which is considered one of the most successful cooperative institutions of Malaysia, was established forming an investment opportunity for the state of Malaysia. Afterwards, Islamic economic institutions were established in simulation of Islamic values. Amongst the most important of these institutions are (BERD) and (IIUM). (2) 

 

Briefly, the project, Civilizational Islam, is beautifully expressed by the former Prime Minister of Malaysia, Dr. Badawi, who said: "Civilizational Islam isn`t  a new religion or school of Islamic law; rather, it is an attempt and a vision to bring the nation back to the foundations of rue Islam, which emanate from the Quran and the Sunnah. If these are translated and understood correctly and clearly, Muslims will never deviate from the straight path…Civilizational Islam came to advance Muslims in the third millennium and help integrate them into modern economy. Civilizational Islam fits to be the cure for extremism and exaggeration in religion since it encourages tolerance, understanding, moderation, and peace….." (3)

 

 

 

 

 

 

 

 

 

 

(1) The Democratic Arab Centre for Strategic, Political & Economic Studies; Berlin, Germany, 2019, published an authoritative book entitled: "The Dimensions of the Malaysian Experiment: An Analytical Study on the Backgrounds, Foundations, and Horizons." The book contained a set of valuable research papers that clearly unveiled the Malaysian experiment in development and indicated the key of the economic, political, and social renaissance in Malaysia and its reliance on the project of Civilizational Islam.

 

(2) Adapted from the research entitled: "The Project of Civilizational Islam and the Malaysian Experiment: A Study on the Role of Islamic Values in Development." This research was conducted by Bin Hittah Elias, University of Algeria, from a series of the research papers of the authoritative book issued by The Democratic Arab Centre for Strategic, Political & Economic Studies; Berlin. First Edition, 2019.

(3)(Ibid.P.16-18). 

The published article reflects the opinion of its author

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Summarized Fatawaa

Does an internal medical examination for a woman affect her fast?

An internal medical examination for a woman invalidates the fast because it involves the entry of a foreign object into the body cavity (jauf) while fasting.
In this case, the woman must refrain from eating and drinking for the rest of the day out of respect for Ramadan and make up for the missed fast after Ramadan.
Such an examination should be avoided in Ramadan and other months unless absolutely necessary, as exposing the private parts is only permissible in cases of necessity.
If necessary, a woman should seek a Muslim female doctor first. If one is unavailable, she may see a female doctor from the People of the Book (Jews and Christians). If neither is available, she may consult a trustworthy and competent Muslim male doctor.

What is the ruling on waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.

What is the ruling on discharges two or three days before the expected period of menstruation and the light-colored blood accompanying it? Must the woman abstain from prayer during this period?

If the total duration of these blood-tinged discharges reaches a day and a night (24 hours) or more, it is considered menstruation. If their total does not exceed 24 hours, it is not considered menstruation but is irregular bleeding (dam al-fasad). Each woman has specific cases for which she should ask the scholars. And Allah the Almighty knows best.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.