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--- -Tok Aji- <[EMAIL PROTECTED]> wrote:
> To: [EMAIL PROTECTED]
> Subject: [titiwangsa] -Hadi Awang-
> Dear friends,
>
> in The Star today the Terengganu MB, Haji Abdul
> Hadi Awang, was
> reported to have said kharaj was given to two, a
> land tax and taxes on
> agricultural produce. They were exactly what were
> applied during the
> British colonial regime. These were the cukai tanah
> (land tax) and the
> cukai pokok (taxes on fruit trees). Then there was
> the ushr (lit. 1/10)
> applied on padi. It must be remembered the British
> acted as advisers to
> the respective sultans. That these agricultural
> taxes were applied on
> Malay/Muslim agricultural lands and produces did
> not run against
> Islamic law since the kharaj taxes were permanent
> levies and were
> applied on Muslims who later owned the former
> non-Muslim lands. The
> taxes were lifted during the Abbassid.
>
> The British applied these as a means to conform to
> Islamic law but did
> not call them kharaj. I believe the taxes resulted
> from Islamic legal
> advisers to the British, mainly from al-Azhar.
>
> Perhaps Hadi would do better should he first decide
> what's his purpose
> for the taxes he wants to apply. Is it to hatch
> ideological and
> constitutional division between the Muslims and
> non-Muslims? IMHO,
> most Malaysians would position themselves against
> him if that's his
> motive. On the other hand, should he apply himself
> to the Pas' attempt
> to resolve an *Islamic State* without discriminating
> against the
> non-Muslims, I suggest it is possible for most
> Malaysians to think of
> democratic ideological pluralism and respect the
> attempt for the
> alternative statecraft and social managenement it
> would bring.
>
> I don't think Hadi intended to seed religious
> division. I choose to see
> him adhering to the traditional legal corpus and
> hence he rushed to the
> kharaj. Hadi had himself suggested returning to the
> Medinah Charter. He
> should have stayed there instead of moving back to
> the Daru'l-Islam
> (*Islamic State) and Daru'l-Harb (State of War)
> dichotomy that had
> deterred Islamic reformation. I believe we'll agree
> the best option the
> Pas has to pose itself as an alternative to Umno
> (and the BN) is to
> open itself to non-Muslim participation by a
> charter giving everyone
> equal rights like it was with the Charter of
> Medinah.
>
> Can that be done, along with reforming the Islamic
> laws that do not
> direct the society towards unicity? Yes, if the Pas
> can construct a
> magisterium (syura) and obtain the necessary
> consensus of the ulama
> through it. Hadi and the Pas would do well to
> remember the Shariah does
> not insist that Islamic laws become universally the
> same. Next, that
> the Shariah embraces the Fiqh laws, the Adat or
> Sunnah laws, the laws of
> the land, and the laws of Reason (Hukm 'Aql). The
> critical question is
> about whether or not the Syura can be flexible. It
> will fail if it
> rigidly upholds the traditional corpus. We have
> ample examples of
> attempts to reform and to moderate the laws that
> failed because of the
> rigidity, involving Pakistan and Sudan especially.
> There were also the
> attempts in India during the British colonial regime
> and the famous
> Ottoman failure of the Tanzimat (1855-75) which was
> an attempt to use
> the Shariat together with Canon Law (Kanun). It's
> interesting to note
> that Johor desired to apply the Tanzimat in 1927 and
> dropped the idea.
> Islamic reform isn't something new to the Malay
> states. It was only
> deterred.
>
> Can Pas be flexible enough to open itself to
> non-Muslim direct and full
> membership? We know it hesitated. I doubt it can
> do that. But let's
> see.
>
> What the Pas may do is to construct a Syura in
> Terengganu and Kelantan.
> The Syura members must be appointed by the Sultan or
> it must derive its
> legitimacy by referendum. In the classical idea of
> the Syura the members
> were the heads of the tribes. This was not the case
> during the period of
> the Khalifah Rashidun. They were selected by the
> Khalifah from
> prominent members of the Muslim community.
>
> Then open Pas to the non-Muslims in pursuance of
> the multi-religious
> polity that was constructed immediately after the
> Prophet's arrival in
> Medinah (Yathrib), where and when it all began. Can
> the Pas do that?
> Perhaps we need to first ask does it want to do
> that?
>
> It's good that we have Hadi Awang in Terengganu. At
> least he is causing
> us to think and to look for the means and ways that
> are possible in
> Islam. I suggested earlier we should expect a
> sizeable drift towards the
> Pas to happen within three months after the
> election. Let's see if
> that'll transpire.
>
> Salaam,
> -Tok Aji-
>
>
>
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