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DAWA ISSUE: PROBLEM OF PARADIGM SHIFT IN ISLAMIC THINKING; A PRELIMINARY STUDY by Razaleigh Muhamat @ Kawangit abstract This article set outs to look the main problem of paradigm shift in Islamic thinking which was happen widely in Islamic countries in the modern situation. The problem was defined early from the famous Muslim scholars (ulama) and in other side they also give several ways to solve the problem 1. Preface

Industrial Revolution which had occurred in the West more than two hundred years ago had changed the world and humans way of life particularly in the West, Europe and North America. The Afro-Asia countries were also indirectly affected by the change since almost all of the AfroAsia, Central and South America countries had been colonialized by the European, the people who created science and technology which gave birth to the industrial revolution. Industrial Revolution is being recognized as the separating milestone in world civilization history between classical age and modern age. That was the period in which mens lives fully depending on physical strength and animals (horse, ox, camel and etc) by depending on machinery which uses fuel, gas and anything produced by the development of science and technology. Industrial Revolution had occurred more than two hundred years ago, and now knowledge spread, especially in natural science and technology, are unusually rapid. The center of modern civilization is exactly in the West as well as in the Europe and North America. Japan has developed resulting from the Japanese control on science and technology knowledge. On the other hand, Islamic countries and Muslims are still left far behind modern civilization. This is due to the fact that Muslims are still fettered by various constraints. Therefore, Muslims have not been the contributor to the modern civilization. Muslims are just the users of the Western modern civilization products. A lot of scholars in science and technology are service providers to western technology or being imported to other Islamic countries like Malaysia. Since West has created modern civilization, they are qualified to talk about postmodern age and paradigm shift. Islamic countries and Muslims in general are still left behind, not fully successful in becoming industrial country and not capable to be industry creator, because they are still depending on the West. Hence, post-modern discussions are actually not relevant yet to be discussed by Islamic countries and Muslims. Rural areas which are under developed and nonexposure to modern science and technology still exists largely in most Islamic countries. Modern science and technology has not been the culture of rural people in most Islamic countries. In fact, urban living has not enjoys fully the way of modern living based on science and technology. What is actually the main hurdle that makes most Muslims not capable of being responsive towards development and change? Why a paradoxical situation does develop in the thinking and response towards society modernization? Could it be that in general there is a paradigm issue with the Muslims way of thinking? This article in short tries to dissect the problem which has been brought up.

2.

Islamic thinking paradigm

i). Paradigm is a philosophical term originated from Latin word which has been made Greek language, before being adopted by English language. It simply means a model or form of idea frame which is referred in idea generation process.1 ii). Paradigm is not popularly used in the early and middle of twentieth century. Only at the end of twentieth century and in the dawn of the new millennium, that is in the early twenty first century that the word was popularized and as a bombastic jargon to the intellectuals in Malaysia especially. iii). If referred to Islam, mode or way of thinking of Islamic thought is based on two sources: first the al-Quran, and then followed by al-Sunnah. iv). Islamic paradigm in search of the truth accepts two principles. Firstly, given truth and secondly, truth is to be searched. Given truth is referred to truth of knowledge, particularly in science, technology and natural science. The truth of science has empirical elements that are inductive, relative and subjective. v). Dichotomous difference between Islam and modern West civilization is the modern civilization rejection towards the given truth principle. For modern man the truth can only be searched (the truth is to be searched). It is subjective, positive and relative. That is the dynamic of modern civilization.2 3. Problems of Islamic thinking paradigm

i). Islam is the true religion where the basic teaching is suitable for any place and time. The problem which appears now is why Muslims are left behind? Why Muslims does not proactively accept the challenges and modernization in this era? ii). Knowledge outside of the Islamic studies has spread out that it is indescribable in words. However, the opposite happens to Islamic studies. Even though thousands of new books in Islamic studies were published produced throughout the world, they are but rewriting of what have been said. Very little of new ideas were being produced, that could answer according to the needs of the change in time and progress of the society today, in a positive and proactive manner. iii). A lot of ulamas are still confined to classical age Islamic thinking even though they live in modern times. There is inclination to refer all modern problems of worldly matters to old books which surely does not provide the needed answer. 4. Islamic thinking paradigm

Antony Flew. 2002. A Dictionary of Philosophy. Pan Macmillan, USA, p.310 K.E.M. Baire.1970. The meaning of Life: Christianity Versus Science, pp.597-598

i). In reality, the development of Muslims today is retarded. Not a single Islamic country in the world is amongst the developed countries. All developed countries in the world are of European nationality. Japan is the only developed country which is not a European country. In order to change the situation of the Muslims, there must be paradigm shift so that Muslims can be nudged towards development. ii). Muslims scholars since the beginning of last century have been talking about the backwardness of Muslims although Islam is said to be a religion of development, suitable for all places and period. Abu al-Hassan Ali Nadwi3 fifteen years ago had said: So many people nowadays have loudly called out the applicableness of Islamic law (syariah) for any place and time. This is true and cannot be denied. But it must be remembered that syariah itself (to enable it to face challenges of time and place) needs continuous new ijtihad (conclusion formed after careful study of evidence). Fiqh scholar must really understand and deepen their knowledge in syariah and present it to the world (with concreteness and precision) that it can be implemented. It needs continuous new ijtihad on the happening for all matters. If fiqh it is fix and frozen in the form of taklid (complete obedience without understanding), then (fiqh ulama) would accuse anybody who tries to make reformation as corrupting the religion, deviator and Atheist or Ilhad. Truly, this kind of paradigm is not suitable for this period and in continuing to survive progressively. Todays living cannot afford to accept the closed mind and cannot afford to stop"4 Such way of thinking must be changed if Muslims are to move progress further and Islamic countries are to be developed as modern industrial countries equally just like the western countries. Why fiqh require changes? This is due to the fact that fiqh ulamas always judge the appearance of new worldly problem as unlawful (haram). iii). Generally, there are still a many religious ulamas who do not want to accept change in fiqh law. They want to keep whatever available now without any changes to the substance. Dr Hassan al-Turabi5 in his book Tajdid Usul al-Fiqh, described the rigid attitude of the ulamas. He, who wrote about what those ulamas, said:
3

Abu al-Hassan Ali Nadwi (5 December 1913 - 31 December 1999) was an outstanding historian, Islamic scholar, and author of well over fifty books in various languages. Nadwi was born in Raebareli, India in a family which had a long tradition of service to Islam. In his lifetime, Nadwi, who was fondly known as 'Ali Mia, won the acclaim of not only the Indian race, but the Arabs took a special appeal to his writings. This was mainly because he selected Arabic more than Urdu, his vernacular, as his main vehicle of disseminating his thought, writing, and lectures. He ranked from the foremost of scholars in the Islamic world, and rightly deserved the position. Maulana was invited to deliver various topics in the Hijaz in various Islamic disciplines. Maulana's appreciation was not only limited to his country. The English-speaking and French-speaking world also realized his worth. See more at: Nadwi,.Abu alHasan Ali. 1973. ,Islam and the World. Lucknow: Academy of Islamic Research and Publications.
4

Nadwi,Abu al-Hasan Ali. 1984. Saviours of Islamic Spirit ,Vol. 1-2, Lucknow: Academy of Islamic Research and Publications, p.186
5

Dr. Hassan 'Abd Allah al-Turabi, commonly called Hassan al-Turabi (sometimes transliterated Hassan al-Tourabi)born c.1932, is a religious and Islamist political leader in Sudan, who may have been instrumental in institutionalizing Syariah in the northern part of the country. He has been called a longtime hard -line ideological leader. Turabi was leader of the National Islamic Front, a political movement with considerable political power in

Protect what is left of your religion. Distant yourself from the frightening evil. Beware of all innovation because innovation does not give you anything but bidah. The safe way is whatever there is behind you, while whatever in front is dangerous (innovation/ new). Dr Hassan al-Turabi suggested to renew the method of 'Usul al-Fiqh', so that there will be ulama/fuqaha who is able to give answers to Muslims new worldly problems. Dr Hassan alTurabi wants so that there will appear new fiqh in politics, economy and the nations cultural art. When mentioned about new matter, it must be really new and needs new ijtihad. It should not simply total reference to old books and presented in new method. Amongst new matters in politics and state administration is the election system in government formation.6 One example is the right to vote for the non-Muslims, especially in a country with multi-ethnic entity. Another is voting for the non-Muslim candidates and power sharing in election with the non-Muslim in the countrys administration governance. These are the new issues in the new Islamic political theory. 5. Issues on managing Islamic worldly matters

i). The suitability of Islam as the mans living foundation for any place and time is positioned by the nature of the divine revelation (wahyu) given in the al-Quran. Al-Quran as book of guidance provides mankind two kinds of direction. First is on the belief and religious matters. Second is the life ethics in worldly matters and the environmental influence on mankind.7 ii). The teaching of al-Quran on belief and religious matter is explicit, clear and obvious. Allah, from the aspect of His being and His character are perfectly explained by al-Quran. It can be understood by every Muslims that the Muslims God is God the Mighty Creator. Likewise, in the way of implementing absolute religious matters such as prayer, fasting, haj and zakat. The implementation of matters which relate to religion were only detailed out by al-Quran besides the further explanation by Rasulullahs. On this matter Muslims are not required to use their minds and thinking to find ways on how to perform the religious tasks, because they have all been explained in detail. Room for ijtihad on absolute religious matters is very limited.8
Sudan but little popularity among voters. In 1979 he became Minister of Justice. In March 1996 Turabi was elected to a seat in the National Assembly where he served as speaker of the National Assembly. This period coincided with a decline in the influence of Turabi and his party's Internationalist and Ideological Wing in favor of more pragmatic leaders, brought on by the imposition of UN sanctions on Sudan in punishment for Sudan's assistance to Egyptian terrorists in their attempt to assassinate Egyptian President Hosni Mubarak.Turabi was imprisoned in the Kobar (Cooper) prison in Khartoum on the orders of his one-time ally, President Omar al-Bashir, in March 2004. He was released on June 28, 2005. See more about him at: Fuller, Graham E.. 2004. The Future of Political Islam. Palgrave Macmillan, p. 227
6

Nadwi, Abu al-Hasan. 1999. Rijal al fikry wal dawa fil islam-Saviors of Islamic sprit- vol,1, 11th edition. Dar al Qalam, Kuwait, p. 133
7

Sayed Khatab. 1998. The Power of Sovereignty: The Political and Ideological philosophy of Sayyid Qutb , chaps: 4, London: Routeledge, p.19
8

Yusuf al Qardhawi. 1996. Fiqh al Dawla fi al Islam, Cairo, Dar al Sharq, p. 62

iii). As for worldly matters, (Al-Umur al-Dunyawiyah), the details given by al-Quran and alSunnah are very scarce. A large portion of the Islamic teachings are very general. The general guideline which did not detailed out on how the foundation is to be performed or clarified, is the factor that guarantees the efficacy of general Islamic teachings to face any challenges. 9 This is the dynamic of Islam. The popular saying in English is: The what is in the Quran but The how is not. Therefore, in worldly matters, Islam challenges the Muslims in any period of time (especially the intellectuals) to continuously use their minds to find the answer to The how question, for example, how every teaching which is general in principle, can be created to become a concrete system, and is implemented in life. Finding the answer for The how question is an ijtihad process. Hence, the laws of Islam are dynamic when its character can be brought to life and being savored. If not, Islamic laws and teachings in worldly matters will become static and not moving, as seen now. It is not moving because of too many restrictions (haram rulings) resulting from previous ijtihad. Dogmatically, the unlawful sentences cannot be challenged even though the situation changes. iv). What happens now is society developing rapidly. Post modernism world develop very rapidly and quickly. This gave birth to various new questions in life. Whilst the scope of thinking of most Islam ulamas (religions ulamas) in general does not developed, instead we are restricted by the thinking of the old religious books which were written hundreds even thousand years ago.10 That is the thinking or result from ijtihad before the industrial revolution. Most of the views (laws) in the classical books are not relevant to the current problems. The problems may involve political, economic or nation cultural matters. Actually, the most views being voiced out are on their resistance to changes. In a simple language, a lot of restrictions are being imposed that it is difficult to move forward, despite the fact being proclaimed that Islam is a simple religion. It should be reminded that what are being discussed now are worldly matters or alUmur al-Dunyawiyah, not the absolute religious matters such as the five times prayer. The absolute religious matters are sufficient as what are now available in the thousands of religious books. Some of the religious ulamas (teachers graduated in religious study) are confused, assuming that Islamic thinking is restricted to the knowledge of usuluddin (study of religious matters) and aqidah (study on faith / belief) only. Islamic thinking is only specialized in subjects that are out of the real world and reality of life. This understanding is already outdated. Islamic thinking is the result from the ijtihad in all matters faced by the Muslims living in the rapidly changing and progressing world. v). Detailed Islamic teachings in worldly matters are few. Subjects on family living which are detailed out are matters such as marriage, divorce, heirloom and the related matters.11 Subjects on unlawful which are Qati with absoluteness are also few, such as the unlawfulness of pig, liquor and anything related to food and drink, adultery, stealing in the aspect of manner for example. This is when there emerged a method where originally anything is lawful except for
9

Ibid. p. 76 Nadwi, Abu al-Hassan. 1999. Op.Cit.

10

11

Yusuf al Qardhawi. 2003. The Lawful and the Prohibited in Islam,Translated from the Arabic by Kamal ElHelbawy, M. Moinuddin Siddiq,Al Birr Foundation, London, p. 43

those ruled unlawful from the beginning. Whereas originally religious duties are unlawful except those that have already being identified as lawful in the Islamic law. This is the dynamics of Islamic teaching. But, unfortunately this does not happened or being implemented by the majority of ulamas. Then, that is why most of the ulamas are being marginalized in the society. They are not capable of being together in the main stream of the rapidly developed and changing society. Students from the Islamic study institutions for example, generally are not taught to be open and enliven their mind so that they are capable of thinking rationally, critically and with openness. Instead, from the very beginning they are persistently being imposed with the question who are you to question the great books? It is as if that it has been planted from the beginning in the students mind from generation to the next that all those classic books are divine and people after that are not qualified to question it. This is the reason for the none existence of new knowledge. Even if there are new books, most are only to re-support the old views in new presentation. If the old ijtihad views are concerning of the unlawful matters, then the new books which discussed about it would also support the view but it will be presented in a manner that would be easy to understand, while the command does not change. This is what makes Islam not in parallel with world changes. Countries and societies in the world develop very fast and rapidly. Whilst most religious books and ulamas said that the changes and developments are not Islamic. What should be done, from the perspective of most of the ulamas, are to channel or funnel changes and progress currently and persistently occurring, towards what has been written in the classical books that are deemed to be great and unchallengeable. That is the thinking paradigm of most ulamas. vi). Allahyarham al-Allamah Abu al-Hassan al-Nadawi in his bookAppreciation and Interpretation of Religion in the Modern Age wrote that the universe becomes wild because Islam was not made its soul. This happens because Muslims do not contribute their share to the modern civilization, even though in the past or hundreds of years ago, Muslim scholars became the contributors to world civilization.12 vii). The awareness to redevelop new Islam fiqh has started long ago in Islamic history. However, efforts of the ulamas who are aware of this were not successful. Al-Imam alSyawkani, Muhammad bin Ali13 in his book Adab al-Talab wa Muntaha al-Arab said:

12

Nadwi, Abu al-Hasan. 1982. Appreciation and Interpretation of Religion in the Modern Age. Lucnow: Academy of Islamic Research and Publications, p. 44
13

Muhammad al-Shawkani (17591834 CE) was a Yemeni scholar of Islam, jurisprudent, and reformer. His full name was Muhammad Ibn Ali ibn Muhammad ibn Abdullaah al-Shawkani. The surname "al-Shawkani" is derived from Hijrah al-Shawkan, which is a town outside Sana. Born into a Zaydi Shi'a Muslim family, al-Shawkani later on adopted the Salafi ideology within Sunni Islam and called for a return to the textual sources of the Quran and hadith. He viewed himself as a mujtahid, or authority to whom others in the Muslim community had to defer in details of religious law. Of his work issuing fatwas, a-Shawkani stated "I acquired knowledge without a price and I wanted to give it thus." Part of the fatwa-issuing work of many noted scholars typically is devoted to the giving of ordinary opinions to private questioners. Al-Shawkani refers both to his major fatwas, which were collected and preserved as a book, and to his "shorter" fatwas, which he said "could never be counted" and which were not recorded. He is credited with developing a series of syllabi for attaining various ranks of scholarship and used a strict system of legal analysis based on Sunni thought. He insisted that any jurist who wanted to be a mujtahid f'lmadhhab (a scholar who is qualified to exercise ijtihad within a school of Islamic law), was required to do ijtihad, which stemmed from his opposition to taqlid for a mujtahid, which he deemed to be a vice with which the syariah

Truly I wonder when a man claims himself as a person who repents, cares about and loves knowledge but he disparages the knowledge which he does not know about, does not know the object of the knowledge, the goal, benefit and cannot even imagine one aspect from the many aspects of that knowledge. We see many of this kind of people in our time. We see him venture in the knowledge field and care about many Islamic law problems and follows the Islamic law clarification. But upon hearing a problem relating to a knowledge from various knowledge branches such as logic, writing and natural science and others, he will run away and asks others to run away from the knowledge where he does not even understand the problem and cannot think about it and does not understand anything.14 Among the early ulama of the twentieth century who analyzed the problem of fiqh ulamas rigid and outdated mind was al-Mawdudi15: "Truly the rigidity and frozen attitude is mark of death and truly, moving is an important specialty of the living. And truly al-Quran in many verses has reminded Muslims not to surrender to total submission blindly. Even the imams mujtahid themselves prohibit Muslims to obey them blindly without true justification. Truly this prohibition was stated by Imam Abu Hanifah16 and the others.17 If fiqh ulamas carry out their responsibilities considerably and not being rigid or inflexible, which hold only to old views because of the age, surely Islam can be the guidance to a strong and founded development. But most fiqh ulamas did not carry out the responsibility properly. That is why Muslims take foreign laws and make them the law of the country. There
had been inflicted. See more about him at: Messick, Brinkly. 1993. The Calligraphic State:Textual Domination and History in a Muslim Society, USA: Berkeley, p.145
14

Ibid.

15

Mawdudi (1903-1979) is one of the leading Islamic scholars of the Indian subcontinent in the 20 th century. However, due to his ideas he became quite controversial from the point of view of traditional ulama. He explained in his writings the main Islamic concepts of Ibadat-act of worship or devotion; denoting Mans relation with God, as well as muamalat-social intercourse, indicating relations among human beings, giving a different definition. In his book al Musthahat al arbaa fil Quran, he says worships are instituted by Allah as a means to prepare Muslims to work for the cause of establishing Islamic rule on the earth. Islamic terms such as Ibadat, Rabb-(Lord), Ilah (Lord, Master) and Din (faith way of life) - are interpreted politically in relation to divine sovereignty. However, he did not claim his interpretations are new, but argued that these were actually the original meanings of the term and its real meaning had remained obscured from the inception of the Islamic caliphate. In his writings he criticized the performance of the religious personalities throughout Islamic history. See about these ulama especially his descriptions relating with fiqh ulama at: Sayyid Abu A la Mawdudi. 2006. Four Key Concepts of the Quran, UK: Islamic Foundation, pp. 28-35 Numan ibn Thabit ibn Zua ibn Marzuban known as Abu anifah (699 765 CE / 80 148 AH) was the founder of the Sunni Hanafi school of fiqh (Islamic jurisprudence).Abu Hanifah was also one of the Tabiun, the generation after the Sahaba (companions), because he saw the Sahabi Anas ibn Malik, and transmitted hadiths from him and other Sahaba. See more at: Nu'mani, Shibli. 1998. Imam Abu Hanifah Life and Works. Translated by M. Hadi Hussain. New Delhi:Islamic Book Service.
16 17

Op.Cit.

are still a lot of fiqh ulamas who do not want to use new ijtihad for new matters. They still refer on all matters to old books. viii). The non-development and rigidity of Muslims are always referred to the fiqh ulamas and hadith experts. This is because these two groups decides whether a matter is lawful or not, to be eaten or done.18 Whilst fiqh has not spread since hundreds of years ago because of the attitude of most fiqh ulamas towards progress and change were of uncertainty and negative. Many assumed that changes and developments are not in sync with Islamic teaching but give alternatives not to refer to the great book. Ulamas nowadays are said not as knowledgeable as the previous. They think that the ulamas are not qualified and capable to perform ijtihad. All matters are referred to the old books. What is required is to follow whatever being written in the classical books without rethinking. Nobody else nowadays has the right to criticize or analyze fatwa (Islamic legal ruling by a jurist) view in the fiqh or hadith books. This is the reason which kills Muslims mind. Problems related to the countrys economic, industrialization, social development and education and other aspects which are new knowledge and expertise, are also referred to the great classic fiqh books. ix). In general, Islamic study orientation in most higher learning institutions of Islamic countries has blind obedience and fanatical attributes. Their study does not encouraged development of critical and rational thinking to the students, and does not encourage widely reading and acquiring knowledge by following up on the knowledge journal all the time. On the other hand the inclination is towards indoctrination with very simple argument, where Islam is a divine religion and everything are explained in the al-Quran and al-Sunnah and has been detailed out by expert in interpretation, hadith expert and fiqh ulamas in the past, as being written in thousands of books. Students had been persisted by the question, who are you, MAN ANTA, to challenge the great books? Muhammad Amin19 one of the ulamas in early twentieth century had

18

Ibid, pp. 30-39

19

Mohammad Amin al-Husayni (often printed with the French transliteration al-Husseini, 1895/1897 - July 4, 1974), a member of the al-Husayni clan of Jerusalem, was a Palestinian Arab nationalist and Muslim leader in the British Mandate of Palestine. From 1921 to 1948, he was the Grand Mufti of Jerusalem, and played a key role in opposition to Zionism and a state for the Jews living in the Palestine region. As early as 1920, he was active in both opposing the British in order to secure the independence of Palestine as an Arab State and led violent campaigns against Jews opposing the establishment of a National home for the Jewish people in Palestine. His oppositional role peaked during the 1936-1939 Arab revolt in Palestine. In 1937, wanted by the British, he fled Palestine and took refuge successively in the French Mandate of Lebanon, the Kingdom of Iraq, Fascist Italy and finally Nazi Germany. In Germany he met Dictator Adolf Hitler in 1941. He asked Hitler to back Arab independence and requested that Nazi Germany oppose, as part of the Pan-Arab struggle, the establishment of a Jewish national home in Palestine (the future creation of Israel). In 1947, he requested funds, on humanitarian grounds, from Ahmed Belbachir Haskouri, the right-hand man of the caliph of Spanish Morocco; the latter, in turn, did not hesitate to raise and send those funds. During the 1948 Palestine War he represented the Arab Higher Committee and opposed both the 1947 UN Partition Plan and King Abdullah's ambitions for expanding Jordan by capturing parts of Palestine. After the 1948 War and the subsequent Palestinian exodus, his claims to leadership were discredited in the eyes of some, and he was eventually sidelined by the Palestine Liberation Organization and lost most of his remaining political influence. Al-Husayni died in Beirut, Lebanon in 1974. See more at: Carpi, Daniel. 1983. The Mufti of Jerusalem: Amin el-Husseini, and His Diplomatic Activity During World War II, October 1941-July 1943, in Studies in Zionism, Vol. VII, pp. 101131.

clarified that the overpowering of the hadith experts on the religious knowledge has frozen up the Muslims mind and intellectuality. Said Muhammad Amin: The winning of hadith experts has sadly gave meaning the frozen of mind and increase dependency on texts rather than dependency on mind. And dependency on views on existing books rather than the ulamas the creator of the views/theories (mubtakirin). Because of this, there are very few ulamas writing expounding new views. If you think of ulamas like Ibn Khaldun20 or Jamaluddin al-Afghani21, they are rare, even being fought and treated like enemies, were not even supported nor defended22 Higher Learning Institution of Islam must play the role as mindset change agent or paradigm shift agent on Islamic thinking. Message from modern world universities must be source of guideline on the formation of students. The objectives of learning and studying at the university level are so that they have the inquisitive, critical and rational thinking, openness and creative to new ideas and innovative. x). It is good to observe the analysis by Max Scheler23 on the scheme of thinking program style of Muslim ulamas, which are dominant for centuries until today. The ulamas thinking paradigm that are dominant is assumed to be the cause of the non development and rigidity of
Ibn Khaldun or Ibn Khaldoun (full name; Abu Zayd Abd al-Raman bin Muammad bin Khaldun Al-Hadrami, May 27, 1332 AD/732 AH March 19, 1406 AD/808 AH) was an Arab polymath, an astronomer, economist, historian, Islamic jurist, Islamic lawyer, Islamic scholar, Islamic theologian, hafiz, mathematician, military strategist, nutritionist, philosopher, social scientist and statesman-born in North Africa in present-day Tunisia. He is considered a forerunner of several social scientific disciplines: demography, cultural history, historiography, the philosophy of history and sociology. He is also considered one of the forerunners of modern economics, alongside the earlier Indian scholar Chanakya. Ibn Khaldun is considered by many to be the father of a number of these disciplines, and of social sciences in general for anticipating many elements of these disciplines centuries before they were founded in the West. He is best known for his Muqaddimah (known as Prolegomenon in English), the first volume of his book on universal history, Kitab al-Ibar. See more at: Lakhsassi, A.. 1996. Ibn Khaldun in S.H. Nasr and O. Leaman (eds); History of Islamic Philosophy, London: Routledge, pp. 47-56
20

Sayyid Muammad ibn afdar Husayni (born 1838 - died March 9, 1897) mostly known as Sayyid Jamal-al-din al-Afghani or Sayyid Jamal-al-din Asadabadi, was a political activist and Islamic nationalist active in Qajarid Persia, Afghanistan, Egypt and the Ottoman Empire during the 19th century. One of the founders of Islamic modernism and an advocate of pan-Islamic unity. He has been described as "less interested in theology than he was in organizing a Muslim response to Western pressure. See more about him at: N. R. Keddie. 1972. Sayyid Jamal ad-Din alAfghani: A Political Biography", USA: Berkeley.
21 22

Carpi, Daniel. 1983. Op.Cit.

23

Max Scheler (August 22, 1874, Munich May 19, 1928; Frankfurt) was a German philosopher known for his work in phenomenology, ethics, and philosophical anthropology. Scheler developed further the philosophical method of the founder of phenomenology, Edmund Husserl, and was called by Jos Ortega y Gasset "the first man of the philosophical paradise. After his demise in 1928, Heidegger affirmed, with Ortega y Gasset, that all philosophers of the century were indebted to Scheler and praised him as "the strongest philosophical force in modern Germany in contemporary Europe and in contemporary philosophy as such." In 1954, Karol Wojtyla, later Pope John Paul II, defended his doctoral thesis on "An Evaluation of the Possibility of Constructing a Christian Ethics on the Basis of the System of Max Scheler. See more at: Deeken, Alfons. 1974. Process and Permanence in Ethics: Max Scheler's Moral Philosophy. New York: Paulist Press.

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Muslims minds nowadays. This is because the role of religion is very important in whatever pattern of societys development especially for the Muslims. The relationship between Muslims and ulamas are very close. Whatever plans or development projects of the nation and country are difficult to be accepted by the people if not justified by religious theology. If many ulamas said that the development plans and projects are unlawful from the view of theology, then the process will be stopped. The plan will even face much resistance and so on. As a consequence, the people and country will not develop and progressed. Analysis on the shape or paradigm of ulamas minds in Arabs world are as follows: MAX SCHELERS SCHEME OF TABULATION Islamic Conservative 1. Tendency to look backward 2. Salaf (predecessors) 3. Dogmatism 4. Authority 5. Reality Transcending doctrine 6. Theological orientation of thought 7. Static view of social value 8. Permanent of truth Christian Westernism Muslim Secularism Tendency to look forward. Progress. Pragmatism. Science. Scientific doctrine. Materialism orientation of thought. Dynamic view of social value. Relativism of truth.

6.

Return to the dynamic of original syariah

i). Islamic syariah is a wide concept like the limitless blue sky. Theology argument is not separated from syariah argument. Hence, it is something dynamic. Allah the Most Powerful, Most Knowledgable and Most Wise with the purpose and wise knowledge gives the guidance of perfect living but in general. Only a little of general foundation about worldly living was detailed out. A large portion is still in general form. Muslims are given the authority to use their mind to the possible maximum to interpret and produce a system from the general foundation. Ijtihad is the only tool that assures the dynamic firmness of Islamic law to face any challenges in the world. The example of the dynamic was indicated by Umar al-Khattab, the second caliph from the Khulafa Rasyidun who ruled three years after the death of the Prophet had done a lot of innovation in Islamic administration and ruling, even though the Prophet had only passed away for three years. This is so because within the three years period many changes had occurred, whereby many of problems had also emerged which required new ijtihad at the point of time.24 ii). Al-Mawdudi explained:

Truly all fuqaha in the past, may God bless them and give them the best reward, has examined their religion, their people and themselves. They researched and debated on the Gods commands during their time related to the events, occurrences, problems and anything related to their current problems. They did not run away from facing every occurrence and did not abandon their duty in stating judicial order positively. But time has changed and worldly interactions will always change, what happens now may not happen yesterday. So it is not
24

Nadwi, Abu al-Hasan. 1982. Op.Cit, pp. 51-55

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possible to state fiqh law by holding only to the past ulamas view in making decision because past ulamas faced different problems from current problems. What needs to be done is to carry out ijtihad in new matters by taking the benefits and example from the effort of past ulamas and refer to the confirmed al-Quran and al-Sunnah25 iii). Al-Mawdudi explained on the purpose of fiqh by saying:

The purpose of fiqh is to inform man on syariah laws relating to all m atters faced by Muslims caused by various events and problems in living. Whereas all events and problems always occur and changes from time to time. Any period of time has its own problem relating to that time, which may not happen in the past. Therefore, we found out that in classical fiqh books also occurred changes in point of views from fiqh ulama resulted from the changes in period and place. Even a fiqh ulama had changed his view when he moved to other place and as time goes by26 The question to a lot of ulamas is, do they want to accept this truth? Do they not want to have new ijtihad for new matters? Or will they just let changes happen without religious justification? It is the obligation of the fiqh experts to understand his surrounding period and be aware that change in time and place nowadays are not the same as previously (time when the fiqh books are written.) Therefore ulama needs to or should perform new ijtihad in clarifying Allah laws of command in the context of the time and event happened (and not making judgment according to the law that occurred a thousand or hundreds of years ago). That is law on worldly muamalat which is always changing and moving progressively. One thing that is accepted without argument to the muhaqiq ulamas view is Islamic law was observed for the peoples benefits currently and in the future. And most of the existing law is based on the ijtihad, not by qati such as the unlawfulness of pig. Hence anything which was sentenced unlawful thousand years ago will not necessarily stay permanently unlawful till today due to the cause or its ilah is no longer in existance. iv). Meanwhile al-Nadwi said:

We must accept ijtihad on new problem that need answer, it must be performed with new ijtihad (cannot be referred to old fiqh books which has no answer because it is a new problem). When the action is taken that is to perform new ijtihad, then the meaning of Islam is suitable for any time and at any place will become a reality. At that time then, we will see the solutions to all new fiqh problem, that is positive solution to civil law, economic and socio-culture problems of Muslims and others which always happen and change according to change in time and place27 v). Muhammad Amin also discussed on the same subject. He explained on the worry of the difficulty to perform absolute ijtihad nowadays. Even more so when he referred to the condition given by the fiqh ulama in the 4th century of Hijra. Even though the ulama did not say ijtihad was unlawful, but the ijtihad conditions they posed as if they were saying that it was unlawful and
25

Sayyid Abu A la Mawdudi. 2006. Op.Cit, p.76 Ibid, p. 77 Nadwi, Abu al-Hasan. 1982. Op.Cit

26

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closed for discussion. Too many conditions were claimed on a scholars who wants to object views on classical books and put forward new opinion or new ijtihad They forgot that many from the Kibar al-Shahabah could not memorized al-Quran including Abu Bakar and Umar.28 Said Muhammad Amin: If absolute ijtihad is difficult in the past centuries, then it will be easier now. If in the past a Mujtahid must travel from Baghdad to Egypt which took months only to ensure the authenticity of a hadith but now all has been written in the books and printing machine which makes it easier for a person to carry out ijtihad29 Every period of time requires the scholars who carry out ijtihad, even all countries require mujtahid who understands and knows the poiltical condition and socio-culture atmosphere of the state that urges to have the ijtihad. What is being assumed as good in one country may not be so in another country. What is being major requirement in one country may not be a major requirement in another country. The situation in Malaysia now may not be the same with the atmosphere in Indonesia, Saudi, Syria or Egypt. vi). Hassan al-Turabi had expounded on the same matter. He said:

To define the qualification of ijtihad expertise is something relative and secondary. But some rigid writers in defining and keeping (conservative) felt and assumed that qualification is the right of certain groups, which differentiates mujtahid group from merely scholars30 Furthermore according to al-Turabi, ijtihad is not a learned work that is extraordinarily hard or difficult to achieve. Ijtihad is actually a type of work that utilises knowledge and mind. By doing this, a student can be educated so that he can successfully progress to the highest achievable knowledge till he matures and become an adult. Even though there occurs level of thinking of expert thinkers, the result can be beneficial to the society, even though merely in stages. Ijtihad must produce various new views to answer the incoming claims and determine the movement of history and historic. vii). The dynamic of syariah can only be realized through ijtihad process. Hence, Islam law will be frozen and rigid. Many hurdles and law of commands being imposed to Muslims live that restricts their progress. Whereas most commands of unlawful (HARAM) are not absolute Qati HARAM, but only a command that result from ijtihad being based on maslahat and prevention method or Sadd al-Dhariah. It is as if the command cannot change until the doomsday. The methodology of the law developed on the cause of laws enforcement happens according to the existence of cause (illah), when the cause disappears, automatically there is no law. And when the cause reappears, the command will be reinforced. This rational methodology is not applied by many ulamas with the simple assumption that, MAN ANTA to determine the cause no longer exist. This matter has been descended generation to generation, through teaching
28

Carpi, Daniel. 1983. Op.Cit, p. 121 Ibid Fuller, Graham E.. 2004. Op.Cit, p. 230

29

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transformation. Too few groups which seek to shift this paradigm. By this reason, a paradox occurs in daily lives of Islamic society like Malaysia and other Muslim countries. The country and society develop progressively, but religious talks at most places simply criticize these development. Everything is assumed not Islamic, probably because these were not planned by religious ulamas. Al-Syakh al-Imam Ibnu al-Qayyim al-Jawziyah passed away in year of Hijra 751, was an ulama from the Hambali sect was very rigid but he could still accept the concept of changes in law. In his famous book Ilam al-Mawqiin volume 3 page 1-2, had explained: Chapter is on the change in fatwa and differences according to changes in situation, intention as well as benefit. This chapter has a lot of benefits. A person can slip for doing wrong thing because he does not know of the possibility in change of fatwa. Ignorance about it will cause difficulty to people, until something difficult and troublesome in Islamic law are made obligatory and to make it obligatory when there is no way that it can become obligatory. What should be known that the broad syariah put high priority to the well-being and importance of Muslims. Truly syariah is the foundation and the building is the wisdom and the importance of Muslims mankind in living in this world and the hereafter. Syariah on the overall is full of justice and blessings. Anything which deviates from justice and towards injustice and from the blessing of kindness to the opposite, it is not from Islamic syariah31 Al-Jawziyah had warned to qadhi and ulama to be careful in giving fatwa. Ulama must understand the requirement of family members and current situation. He said further: Whoever is giving fatwa based only on what is written in a book, means that he has deviated from the right path and has deviated others. And truly their crime towards religion is major32 ix). Another problem of ulama is most ulamas do not want to take the trouble to learn and understand modern Western civilization, as being done by the Christians priests who will work hard, tiring their bodies and minds to learn modern knowledge and modern civilization.33 7. Conclusion

Since industrial revolution which occurred in the West till now, there were not many Muslims achievements in conquering knowledge and catching up with the Western development, Europe, while North America continues to be the center of modern civilization. Modern science and technology continue to progress and rapidly developed. And the development continues to be in the West. Muslims are not capable to compete with the West, not even to achieve the same level. The character of the weak is when there is one or two individuals amongst the Muslims become scientist or medical expert who wins nobel prize, the sounds will
31

Livingston, John W.. 1971. Ibn al-Qayyim al-Jawziyyah: A Fourteenth Century Defense against Astrological Divination and Alchemical Transmutation, Journal of the American Oriental Society, pp. 96-103
32

Ibid Carpi, Daniel. 1983. Op.Cit,

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be all over Islamic countries. It is quite painful to admit that the total of 53 Islamic countries in todays world, are under developed. However all Islamic countries have been influenced and empowered by the advancement of modern science and technology, even though only as the users, not the inventors. The simultaneous effect is the change in structure and living style of Islamic society. The current of changes is unstoppable anymore. The construction of manufacturing factories, although in the form of imports as nowadays happening in Malaysia, will occur in all Islamic countries. Likewise education democratization will educate the people without any differentiation. In the long term, education is the power of change that is incomparable. For example, Islamic countries nowadays practice the principle of absolute separation between male and female and forbid female to work and so on, in this few decades, will not be able to survive. Education force is too strong as a moving power towards change. If ulama of Islam still think in hallucination and dreams in the real world, they will stay on the brink and be left behind by the rapidly sliding forward coach of change. The incoming challenges are very extraordinary, and if the Islamic scholars suits any place or time, so the claim is to prove that, that statement is real. 8. References

Antony Flew. 2002. A Dictionary of Philosophy. Pan Macmillan, USA, Carpi, Daniel. 1983. The Mufti of Jerusalem: Amin el-Husseini, and His Diplomatic Activity During World War II, October 1941-July 1943, in Studies in Zionism, Vol. VII, Deeken, Alfons. 1974. Process and Permanence in Ethics: Max Scheler's Moral Philosophy. New York: Paulist Press Fuller, Graham E.. 2004. The Future of Political Islam. Palgrave Macmillan, K.E.M. Baire.1970. The meaning of Life: Christianity Versus Science Lakhsassi, A.. 1996. Ibn Khaldun in S.H. Nasr and O. Leaman (eds); History of Islamic Philosophy, London: Routledge, Livingston, John W.. 1971. Ibn al-Qayyim al-Jawziyyah: A Fourteenth Century Defense against Astrological Divination and Alchemical Transmutation, Journal of the American Oriental Society. Messick, Brinkly. 1993. The Calligraphic State:Textual Domination and History in a Muslim Society, USA: Berkeley Nadwi,.Abu al-Hasan Ali. 1973. Islam and the World. Lucknow: Academy of Islamic Research and Publications. Nadwi, Abu al-Hasan. 1982. Appreciation and Interpretation of Religion in the Modern Age. Lucnow: Academy of Islamic Research and Publications Nadwi, Abu al-Hasan Ali. 1984. Saviours of Islamic Spirit, Lucknow: Academy of Islamic Research and Publications, Nadwi, Abu al-Hasan. 1999. Rijal al fikry wal dawa fil islam-Saviors of Islamic sprit, 11th edition. Dar al Qalam, Kuwait N. R. Keddie. 1972. Sayyid Jamal ad-Din al-Afghani: A Political Biography", USA: Berkeley. Nu'mani, Shibli. 1998. Imam Abu Hanifah Life and Works. Translated by M. Hadi Hussain. New Delhi:Islamic Book Service. Sayyid Abu A la Mawdudi. 2006. Four Key Concepts of the Quran, UK: Islamic Foundation

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Sayed Khatab 1998. The Power of Sovereignty: The Political and Ideological philosophy of Sayyid Qutb. London: Routeledge, Yusuf al Qardhawi. 1996. Fiqh al Dawla fi al Islam, Cairo, Dar al Sharq,Yusuf al Qardhawi. 2003. The Lawful and the Prohibited in Islam,Translated from the Arabic by Kamal ElHelbawy, M. Moinuddin Siddiq, London: Al Birr Foundation,