Personal Statement

It was on July 9^th 2011 that the Bersih (Clean) rally took action. Organized by the Coalition for Clean and Fair Elections, the Walk for Democracy pushed the Electoral Commission of Malaysia to ensure free and fair elections in Malaysia. The Commission was demanded to clean up the electoral roll, reform postal voting, use indelible ink, introduce a minimum 21-day campaign period, allow all parties free access to the media, and put an end to electoral fraud. Such event drew the attention of the Yang Di-Pertuan Agong as the Head of the state to address his people. Despite the royal intervention by His Highness, the government remained adamant in their stance to illegalize the street rally. This occurrence made me wonder about the true condition of the protest – Whether it was legal or illegal? On one hand the rally called for a reformation in the country’s corrupted system. However, the rally also caused chaos and anarchy which are destroying peace and order in the nation. These questions intrigued me to learn more about the law and its catalytic effect on human society. Since then, my interest in law was fostered and it promoted me to ask even more questions regarding religious freedom and moral codes.

I am very interested in reading law. The law is very crucial since it forms the foundation on which any civilized society is based. Law is multi disciplinary and is very fascinating. This is because it not only involves the technical understanding of the constitution, but also psychology, science, English, Latin, philosophy, forensics and so many other subjects to mention. This enhances the study of law as a complete subject in all respects. It is astounding how the law permeates every aspect of our lives. One law professor even said that it is the universal solvent, so to speak. It mixes with every other discipline in some way, and everything else mixes with it in another.

My participation in debating confirmed me of my interest in reading law. I was enthusiastic for practice and I tried to make myself eligible for tournaments as frequently as possible. Even at the point where my team faces inevitable defeat, my motivation never faded. This is because my true intention is not victory, but to obtain experience and knowledge of the soft skills that a strong debater needs. Skills like critical analysis and finding creative approaches to an issue is not just a valued capability to a debater, but also an important aptitude for a capable barrister. My spirit did not leave me in vain. My team managed to break into the finals of the Inter-MJSC Debating Championship for 2010 and 2011. My determination also allowed me to achieve the award of 5^th best speaker of the Inter-MJSC Debating Championship and 3^rd best speaker of the IIUM Interschool Debating Championship. I was also listed for training as one of the potential debaters to represent Malaysia in the World School Debating Championship 2012.

Moreover, I am a holder of a second degree black belt in Taekwon-Do. It means that I hold the responsibility of a Boosabum or an assistant instructor. My experience leading a class taught me that being discipline is crucial since I need to set an example. Being strong-willed helped me to become a gold-medalist in the sport of sparring. Despite it all, my Sabum or instructor brought great emphasis on the five tenets of Taekwon-Do. These tenets are: Courtesy, Integrity, Perseverance, Self Control, and Indomitable Spirit. Nevertheless, I picture my future as the last two phrases of the student’s oath: "I shall be a champion of freedom and justice" and "I shall build a more peaceful world." I believe that studying law and becoming a barrister may help me to realize this dream and contribute in a better future.

I would like to pursue studying law at a university in the UK because the Law program there provides a comprehensive and critical understanding of core legal principles. It includes not only torts law, contracts law and criminal law, but also European law and human rights law. Studying abroad would also provide me the chance to broaden my perspective and see the world from a different angle. This experience would encourage me to analyze the law within its broader economic, political, cultural, and international settings. If God willing that I am accepted into your law program, I would partake in a three year undergraduate degree program which results in an LLB. I further plan to apply to join one of the four Inns of Court and then complete the one-year Bar Professional Training Course (BPTC), followed by a pupilage in a set of barristers' chambers to become a full pledge barrister. I am determined to study law at your university.

Explain why is it crucial to learn social studies in the university

   Universities play an important role in the development of human society. Institutions that bear the prestige of an alma mater are responsible in promoting the evolution of knowledge. Places like Al-Azhar and Oxford are examples of many historical universities that had contributed to the upbringing of many scholars. Subjects like history and sociology are important in the advancement of human development. In addition, it is crucial to learn social studies in the university in order to produce graduates who understand humanity better, to help students develop essential thinking skills and to act as inspiration for students. 

   Learning social studies is crucial in producing graduates who understand humanity better. Social studies classes often focus on learning about people in other countries. This is meant to expand students' worlds in order to encompass a national and international community. Social studies also focus on differences and similarities between people, helping students learn to get along within their immediate community. Because social studies focus on human interactions, they teach students how to act compassionately within society. Perhaps the most important lessons social studies teach are understanding and tolerance for people across the world. 

   Furthermore, students can develop essential thinking skills by learning social studies. Its assignments promote reading at the evaluation, synthesis, analysis and interpretation levels. It also stimulates critical thinking skills through writing and analytical thinking. It is in social studies that students learn skills ranging from reading a map to making an argument. Students learn how to assess the validity of evidence, evaluate conflicting points of view and apply facts to making decisions. These are the capabilities which are exclusive to individuals with essential thinking skills. 

   Moreover, social studies education has the power of inspiration. It is in social studies classrooms that students learn that an individual with great convictions or a committed group can change the world. It is also in the mentioned classroom that students learn the words and deeds of people, such as Muhammad and Martin Luther King, Jr. Students take inspiration from them through the historical changes that they have commenced. Facts will prove that might and intelligence are not exclusive to any particular race, but are assets of mankind. 

   In conclusion, the mentioned reasons prove that it is crucial for students to learn social studies in the university. However, what are the methods in order to strengthen the social studies curriculum? Initiatives like international exchange programs and out-of-class sessions may indeed be effective. Definitely, it is up to us to take the benefits from such education.

Distinguished and explain the maxim Caveat emptor.

Caveat emptor is Latin for "Let the buyer beware." Generally, caveat emptor is the property law doctrine that controls the sale of real property after the date of closing. It is a principle in commerce where without a warranty the buyer takes the risk. It acts as a warning that notifies a buyer that the goods he or she is buying are "as is," or subject to all defects. When a sale is subject to this warning the purchaser assumes the risk that the product might be either defective or unsuitable to his or her needs. In other words, consumers need to know their rights and be vigilant in avoiding scams. For example in the private purchase of a used car, caveat emptor places an onus on the buyer to make sure the car is worth the purchase price. This is because once the transaction is complete the buyer will not receive a warranty or return option from the seller. Under the doctrine of caveat emptor, the buyer could not recover from the seller for defects on the property that rendered the property unfit for ordinary purposes. The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fraud.

The modern trend in laws protecting consumers, however, has minimized the importance of this rule. Although the buyer is still required to make a reasonable inspection of goods upon purchase, increased responsibilities have been placed upon the seller, and the doctrine of caveat venditor (Latin for "let the seller beware") has become more prevalent. Generally, there is a legal presumption that a seller makes certain warranties unless the buyer and the seller agree otherwise. One such warranty is the Implied Warranty of merchantability. If a person buys soap, for example, there is an implied warranty that it will clean; if a person buys skis, there is an implied warranty that they will be safe to use on the slopes. A seller who is in the business of regularly selling a particular type of goods has still greater responsibilities in dealing with an average customer. A person purchasing antiques from an antique dealer, or jewellery from a jeweller, is justified in his or her reliance on the expertise of the seller. If both the buyer and the seller are negotiating from equal bargaining positions, however, the doctrine of caveat emptor would apply.

Before statutory law, the buyer had no warranty ensuring the quality of goods. In many jurisdictions the law requires that goods must be of "merchantable quality". However, this implied warranty can be difficult to enforce and may not apply to all products. Hence, buyers are still advised to be cautious. In the UK, consumer law has moved away from the caveat emptor model, with laws passed that have enhanced consumer rights and allow greater leeway to return goods that do not meet legal standards of acceptance. Consumer purchases are regulated by the Sale of Goods Act 1979. In the UK, consumers have the right to a full refund for faulty goods, however by convention, most retail companies will allow customers to return goods within a specified period (typically a month or two) for a full refund or an exchange, even if there is no fault with the product. Exceptions may apply for goods sold as damaged or to clear. Goods bought via 'distance selling', for example online or via phone, also have a statutory 'cooling off' period of seven working days. To cancel the contract is to treat the contract as if it had not been made, except that the Regulations refer to the terms. Although no longer applied in consumer law, the principle of caveat emptor is generally held to apply to transactions between businesses unless it can be shown that the seller had a clear information advantage over the buyer that could not have been removed by carrying out reasonable due diligence.

In the case of Karuppanan Chellappan v Chong, the plaintiff in this action, now says that he had no knowledge of the condition laid down by the Lembaga Bandaran Cameron Highlands (LBCH) on the removal of the window protrusions at Hotel Sentosa, a four storey building which stood on Lot 26, Brinchang, Cameron Highlands. He alleged that the defendant had misled him by fraudulent misrepresentation in not divulging on this condition and had expressed that fraudulent misrepresentation in the sale and purchase agreement (SPA) by stating that it was free of any encumbrance. He further said that had he known of that condition he would certainly had not purchased the said building from the defendant. It was not in dispute that the condition on the removal of the window protrusions was not a restriction or condition that appeared on the title of Lot 26. The plaintiff further stated that he only became aware of this condition during the trial of the earlier suit - sometime in 1992. The plaintiff now seeks for reliefs mentioned in the case. In her defence, the defendant said that the plaintiff had seen the said building and was satisfied with its construction prior to the purchase. She said that the plaintiff never asked her about the window protrusions. She also said that she had already forgotten about the condition imposed by the LBCH on the need to remove the window protrusions whenever the owner of Lot 25 wished to build thereon. She denied that she had deliberately withheld the information on the condition from the plaintiff. Abdul Hamid Embong J referred to cases of Ang Hiok Seng v Yim Yut Kiu [1997] 1 AMR 917; Derry v Peek [1880] AC 14; Holmes v Jones [1907] 4 CLR and others and has held that it was clear that the plaintiff was time barred. He would therefore hold that the defence of limitation must, on the facts, succeed. For the above reasons, the plaintiffs claim is dismissed with costs.

This rule is claimed that it is not designed to shield sellers who engage in fraud or bad faith dealing by making false or misleading representations about the quality or condition of a particular product. It merely summarizes the concept that a purchaser must examine, judge, and test a product considered for purchase himself or herself. However, the common law legal maxim caveat emptor reflects the value-less acquisitive philosophy. Consumers are supposed to be careful (as in the common law principle of caveat emptor). As long as sellers do not flaunt the law, they can get away with gross exploitation, as there is no need to disclose all the information about a product. Although the consumer movement has resulted in many consumer protection laws, the philosophy still prevails. For example, the small print in insurance contracts, and the conditions hidden in footnotes (if at all disclosed) in advertised offers all point to caveat emptor in operation. These contracts require the disclosure of the original price because it might influence the buyer’s decision to enter into a contract with the seller. This means the buyer has put some degree of trust in the seller regarding the information he/she provides about the goods. To make this trust meaningful, the law imposes upon the seller a duty to disclose the true facts, for such a disclosure is regarded as indicating his sincerity.

Finally, Prophet Muhammad (pbuh) warned that selfish and dishonest traders would face punishment in the hereafter for undermining the fundamental basis of contracts. Wathilah bin Asqa’ related that once the Messenger of Allah came to them and said: “O you traders, beware of telling lies in (your business) transactions.” Prophet Muhammad (pbuh) always encouraged the Muslims to do business, as it is considered an aspect of Ibadah. This can be seen from a verse of the Qur’an: “And when the prayer ends, disperse in the land and seek of Allah’s bounty, and remember Allah much, that you may be successful.” [Q: 62:10] Of course, no action is left without regulation under Islamic law. Thus, a Muslim is obliged to be honest and fair in his business. He must shun fraud, deceit and perfidy so that his wealth is gained from healthy sources. For example, the Qur’an orders businessmen:  “Give full measure and be not of those who cause loss to others” [Q: 26:181]; “And weigh with an equal balance” [Q: 18:35]. Prophet Muhammad (pbuh) approved of and confirmed transactions which do not conflict with the principles of the Shari’ah and disapproved of and prohibited those business practices which contradict the Shari’ah’s objectives and aims. The prohibitions include transactions that involve the element of fraud or deceit, exorbitant profit or injustice to one of the contracting parties, all of which are contrary to the overriding principle of good faith and fair-dealing mentioned in the Qur’an: “Do not defraud people of their things, and do not commit corruption in the earth” [Q: 26: 183]. The elements of good faith and fair-dealing are not new in Islamic terminology because they are an integral part of the contract. The attributes of truthfulness, honesty, justice and righteousness are among the fundamental principles which Islam imposes on every Muslim in every aspect of life. Without these elements, a business contract is regarded as lacking perfection in accordance with Islamic good manners, decency and ethical standards.

The Qur’an announces a general rule that mutual consent is a condition for the validity of every kind of contract. There is no basis for excluding the hire-purchase contract from that general rule.  “O you who believe, do not consume your property among yourselves unjustly; rather, [it should be] trade by mutual consent amongst you. And do not kill yourselves (nor kill one another). Surely, Allah is Most Merciful to you”  [Q: 4:29]. The element of mutual consent was emphasized in the  Hadith: “It is unlawful to possess the property of a Muslim without his express consent.” As evident from the Qur’an and Hadith, Islam has laid down an ethical discipline in commercial transactions for the believers to follow. Dishonest traders who contravene those rules are blameworthy and liable to punishment on the Day of Judgment. The Prophet (pbuh) strongly promoted generosity to purify one’s account of malpractices and unsuitable acts while conducting business. He emphasized that the seller and buyer should explain the good and bad points of the transaction to gain the blessing of the Almighty in the transaction.  In short, Islamic law emphasizes good conduct, decency and ethical standards of law and morality as a part of the contract. These must be molded together to ensure that justice is served to both parties, the purchaser and the seller. Only then can the objective of the Shari’ah be achieved.  

Canny’s rapist-killer faces the gallows

According to the Penal Code under S.302, whoever commits murder shall be punished with death. 

Rape is dealt under S.375 of the Malaysian penal code'. According to this section a man is said to commit "rape" who has sexual intercourse with a woman under the mentioned circumstances. 

Under the S.376, whoever commits rape shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping. Whosoever cause death whilst committing or attempting to commit rape shall be punished with death or imprisonment for a term of not less than 15 years and not more than 30 years, and shall also be punished with whipping of not less than 10 strokes. 

In the case of Ahmad Najib Aris, the accused has convicted the rape and murder of a woman named Canny Ong Lay Kian. Rape and murder are serious crimes against the state. The accused has exhausted all his legal avenues to overturn his death sentence. In fact his efforts were in vain. This means that his case was heard and tried at several courts. 

This case was first tried at the High Court. According to S.22(1) of Act 91, the criminal jurisdiction of the mentioned court includes that the High Court may try all criminal matters and may pass any sentence allowed by law. However, the High Court generally practices to confine itself to try offenses which carry the death penalty. Ahmad Najib has in fact committed an offense of aggravated rape and murder against the state making Lay Kian his victim. According to S.302 and S.376, Ahmad Najib can and will possibly be punished with death. 

Facing capital punishment, Ahmad Najib has brought his case to the Court of Appeal. According to S.50(1) of Act 91, the Court of Appeal has the appellate jurisdiction to hear and determine any criminal appeals against any decision made by the High Court in the exercise of its original criminal jurisdiction. Ahmad Najib was not satisfied the High Court’s decision. He made and appeal to the Court of Appeal. The Court of Appeal has made a decision that is not in the favour of Ahmad Najib. 

Ahmad Najib still tries to bring his case in court, with hope that he might be proven innocent and free from all of the charges against him. Ahmad Najib appeals his case to the highest court in Malaysia, the Federal Court. According to S.87 of Act 91, the appellate jurisdiction of the Federal Court includes the court to hear and determine any criminal appeal from decisions of the Court of Appeal. However, the Federal Court has indeed decided that the accused, Ahmad Najib Aris, has been found and proven guilty. Unfortunately, after exhausting all his possible legal options, the rapist-killer of Lay Kian faced death row.

Martial Court

Martial Court is a military court. The Court-Martial has jurisdiction over any member of the various military forces in the country. It consists of a President and at least two officers who must be present during a trial. The Armed Forces Act 1972 is used in martial court in Malaysia. The Armed Forces are dealt with simply as an entity in their own right. This is an act to amend and consolidate the law relating to the establishment of the Armed Forces of Malaysia.

Jurisdiction And Powers Of A Court-Martial

S.103(1) of Act 77 provides the Martial Court the jurisdiction to try any person subject to service law for any offence which is triable by court-martial. The same section also provides the mentioned court the jurisdiction to award for any such offence any punishment authorized by this Act for that offence.

S.88(1) also includes the jurisdiction of Martial Court to civil offences committed whether in the Federation (of Malaysia) or elsewhere (outside of Malaysia).

S.88(2) defines as what is meant by ‘civil offence’. ‘Civil Offence’ means any act or omission punishable by the law of the Federation; or which, if committed in the Federation, would be punishable by that law.

S.88(3) explain the example of specific punishment for specific cases like offences relating to treason, murder, manslaughter, rape.

If the court could not award punishment, convicted person shall be liable to punishment not less than dismissal with disgrace from His Majesty's service in the case of an officer or detention in the case of a serviceman.

S.112(4) provides that the power of the martial court includes imposing death sentence or any less punishment. However capital punishment can only be sentenced by a unanimous decision.

Court Members

S.105(1) defines the composition of members of the Martial Court. This includes the President and not less than 2 other officers.

S.105(3) clearly states that the members appointed must be at least of 2 years in service whether attached, seconded or on loan.

S.103(4) then further elaborates that the bench sitting or the panel members of a trial against an officer or a warrant officer. Only with a minimum of five officers, may the Court Martial try any offence punishable by death. However, if the members are less than five officers, the Court Martial shall not award punishment more than 2 years imprisonment.

Eligibility Of Court Members

S.105 explains the eligibility of the said court members. The officers may appoint other members to be in the Court Martial (Army, Navy or Air Force), but the officer shall belong to the same service. In the event where the previous officer is not available, it is acceptable to appoint members from different service but must have the requisite qualification and the consent of the other service.

Quorum Of Court Members

According to S.105(4), in the advent of a hearing with the quorum for court of five members or more, the president shall be an officer or above the rank of lieutenant-colonel or its equivalent; and shall be appointed by the order of the officer convening the court-martial.

By virtue of S.105(5), in the advent of a hearing with the quorum for court of less than five members the Presidents shall be above the rank of major or its equivalent, must be appointed by order of the officer convening the court-martial; and unless, in the opinion of the convening officer, or its equivalent is not available.

The Ranks Of Court Members And The Accused

However, S.105(6) indicates that if the accused is or above the rank of brigadier- general, the president shall be or above the rank of the accused. Furthermore, the other members shall be or above the rank of colonel.

S.105(7) further provides that if the accused is or above the rank of colonel, the president shall be or above the rank of colonel. Moreover, the other members shall be or above the rank of lieutenant-colonel.

S.107(8) then provides that if the accused if or above the rank of lieutenant-colonel, at least two members (other than the president) shall be or above the rank of lieutenant-colonel.

Convening Authorities

S.104(1) clarified that the Martial Court may be convened by qualified officer authorised by the Yand Di-Pertuan Agong or any officer under the command of an officer authorised by Yang Di-Pertuan Agong.

The qualifications of ‘qualified officer’ is The Chief of Armed Forces Staff, The Chief of the Army, The Chief of the Navy, The Chief of the Air Force, or any officer not below the rank of colonel or its equivalent who is in command of a body of troops, or of a body of naval command, or of a body of the air force.

Court Sitting

S.107(1) stated that the court-martial may sit at any place specified by the authorities, whether within or outside the Federation. The trial may even be convened outside the territorial limits of his command.

Court Decision

S.112(1) indicated that the decision of the court-martial will be made by votes of the majority of the court members. In the event when the votes are equal, the court-martial shall then acquit the accused as by virtue of S.112(2)

Depressingly, if the accused was found guilty of his crimes, the accused shall be awarded the sentence. However, S.112(3) clearly states that A finding of guilty where the only punishment which the court can award is death shall not have effect unless it is reached with the concurrence of all members of the court; and where, on such a finding being come to by a majority of the members, there is no such concurrence, the court shall be dissolved and the accused may be tried by another court-martial.

If there is no unanimous decision, the court shall dissolve and the accused along with the case shall be re-tried in another court martial.

In the event of equal votes on the sentence or question arising after trial, S.112(5) provides that the president shall have a second or casting vote.

Sentence and Punishment

According to S.89(2), the choices of sentences are death, imprisonment no longer than 14 years, dismissal with disgrace from His Majesty's service, dismissal from His Majesty's service, forfeiture of seniority of rank or, in the case of an officer whose promotion depends upon length of service, forfeiture of all or any part of his service for purposes of promotion.

S.89(2) also defines the punishments for officers which are dismissal of an officer from the ship to which he belongs, fine, severe reprimand, reprimand, where the offence has occasioned any expense, loss or damage, stoppages.

S.90(2) then defines the sentences upon servicemen which includes death, imprisonment not exceeding 14 years, work dismissal, on probation not exceeding two years, may be punished if the serviceman is still in active service, field punishment not less than 90 days if the offender is still active on service, reduction to the ranks, forfeiture of seniority of seniority of rank if in the case of warrant officer or noncommissioned officer, a fine where the offence is desertion or forfeiture of service, severe reprimand or reprimand if in the case of warrant officer or non-commissioned officer, forfeiture of good conduct medal or good conduct badges or both either in addition to or in lieu of any other punishment and stoppage where the offence has occasioned any expense, loss or damage

Superstition Has No Standing What So Ever In Solving Problems. Do You Agree? (No)

Superstitious belief has survived throughout the epochs. Although it has experienced variation resulting many of the world’s civilisations and communities have their own brand of superstition. Although these beliefs differ from each other on the basis of practices, they share one common trait that sets the belief. Superstition is a belief in supernatural causality. It is the belief that one event leads to the cause of another without any process in the physical world linking the two events. In fact, it is totally absurd to believe that superstition has no standing what so ever in solving problems because superstition helps to regulate our conduct and behaviour in public, superstition provides a chance for the elders to play their roles, and superstition functions as a personal moderator.

Superstition helps to regulate our conduct and behaviour in public. With its own interpretation of bad and good, it regulates the public with a unique brand of norms. The public would then maintain their conduct and would not go beyond the imaginary line of what is considered as taboo. For example, Malaysians believe that it is bad luck to give a knife by hand to anyone who requires it. A person would put the knife on a table or any other surface and the other would pick it up. By logic, this will avoid any mishaps from occurring. The worst case scenario is that the knife would accidently harm the other person. The mentioned superstitious belief will avoid this disaster from happening.

Superstition provides a chance for elders to play their roles in maintaining the family. Traditionally, seniority is well acknowledged since experience is unattainable by the youth. Although elders would conjure up stories to rationalize their teachings and actions, it still plays the role of enabling the influence of the elders upon the youth. Their views would be respected and their voices would be heard. The tribe or clan would refer to a single elder in their disputes and misunderstandings. Envisaging the elder as the sole authority, he would be judge, jury and peacekeeper. It is essential in order to control the later generation. Disrespect and rebellion can be successfully avoided and peace would be maintained.

Superstition functions as a personal moderator. Most superstitions have their roots in at least semi-logical behaviours. Walking under a ladder, for example, is always a bad idea. As is breaking a mirror, often the only piece of glass in ancient homes because it would take seven years to clean up, and you'd probably be cut every time you tried. "Black" or any other colour of cat was probably crossing your path in its hunt for a rat, and rats carried plague. Food restrictions once made some sense, too (and often still do). Pork, for example, was notorious for carrying trichinosis, and shellfish, especially from warmer waters, all but guaranteed serious gastro-intestinal illness.

On the contrary, some people would view that superstitions are incapable of solving problems what so ever. It is believed that superstitions are not the solution, but actually is the cause of it. Superstition will fuel mankind with irrational paranoia and insane fear. There has been a case reported of people hacking a 70 year old woman with her daughter and grandson because they were accused of witchcraft. In history, the witch hunts which resulted in massive executions were on the basis of superstitious belief. How can the generation of today allow such irrational beliefs exploit our sanity?

It is undeniable that the previous catastrophes were gruesome and inhumane. However, it is unfair that sole belief in superstition is to be blamed since they were actually the product of insecurity the society had at that age. People were irrational and they killed because they were afraid of what they know nothing of. In addition, their actions were more religious rather than superstitious. Their Christian faith condemned witchcraft and their priests condemned any witches that were found to death by hanging, drowning and beheading. Blind faith in their priests had led them to disastrous ends. Thus, their superstitious belief had no role in justifying their actions.

Verily, superstitions do play an important role in the daily lives of men. Despite that seemed illogical, superstitions have their contribution in helping to regulate our conduct and behaviour in public, providing a chance for the elders to play their roles, and functioning as a personal moderator.

Islamic Socialism

My first project paper on socialism...

Those who deny Allah and His Messengers, and (those who) wish to separate Allah and His Messengers, saying: "We believe in some but reject others": and (those who) wish to take a course midway. They are in truth (equally) Unbelievers; and We have prepared for unbelievers a humiliating punishment. To those who believe in Allah and His messengers and make no distinction between any of the messengers, We shall soon give their (due) rewards: for Allah is Oft-Forgiving, Most Merciful.

An-Nisa : 150-152

Islamic socialism is a term coined by various Muslim leaders to describe a more spiritual form of socialism. Muslim socialists believe that the teachings of the Qur'an and Muhammad SAW are compatible with principles of equality and the redistribution of wealth drawing inspiration from the early Madinah Al-Munawwarah welfare state established by the Muhammad SAW. However, Muslim Socialists are more conservative than their western contemporaries. Islamic Socialists found their roots in Anti-imperialism. Islamic Socialist leaders believe in Democracy and deriving legitimacy from public mandate as opposed to religious texts or claiming to be successors of the Prophet's companions.

Abū Dzar al-Ghifārī, a Companion of Prophet Muḥammad, is claimed by many as the founder of Islamic socialism. He believed that the public wealth is the sole right of the Muslims. Their leader or representative cannot control it.⁽¹⁾ He protested against the accumulation of wealth by Muawiyyah the Governor of Syam and urged the equitable redistribution of wealth. The Governor’s policy at the time did not involve the wealth being distributed directly to the people. In contrary, Muawiyah’s policy was in line with the situation in Syam where the wealth was spent in the development of the state, and in favour of the Muslims.  In fact, this issue was actually sparked by the enemies of Islam like Abdullah bin Saba’. He purposely influenced Abu Dzar, whom was a zahid⁽²⁾, to question the authority. The caliph Uthman ibn Affan heard about the conflict and kindly requested Abu Dzar’s audience in Madinah Al-Munawwarah. After their discussion, the problem was immediately solved.⁽³⁾

The concepts of welfare and pension were introduced in early Islamic law as forms of Zakat (charity), one of the Five Pillars of Islam, later established during the time of the caliph Umar Al-Khattab in the 7th century. This practiced continued well into the era of the Abbasid Caliphate, as seen under Al-Ma'mun's rule in the 8th century, for example. The taxes collected in the treasury of an Islamic government were used to provide income for the needy, including the poor, elderly, orphans, widows, and the disabled. According to the Islamic jurist Al-Ghazali (1058–1111), the government was also expected to stockpile food supplies in every region in case a disaster or famine occurred. The Caliphate is thus considered the world's first major welfare state.⁽⁴⁾

Though medieval Islamic economics appears to have somewhat resembled a form of capitalism, some arguing that it laid the foundations for the development of modern capitalism⁽⁵⁾, some Orientalists also believe that there exist a number of parallels between Islamic economics and communism, including the Islamic ideas of zakat and riba.⁽⁶⁾

Socialism has its advantages, yet it also has grave defects which make it far from ideal. Socialism is essentially a reaction to the evils of capitalism. It replaces the dictatorship of the economic elite with a dictatorship of the proletariat. Ultimately, the individual is subject to a totalitarian system devoid of a moral or spiritual compass. However, the Islamic economic system is unique in that it strives to achieve a balance between the extreme. It seeks to strike a chord between the need for individual economic freedom and the need to serve the common good. Despite the fact that without religion or a spiritual foundation, self-interest can only lead to an ever-widening gap between the rich and the poor. That is why socialism failed to accomplish what it set out to do – establish economic equality. Yet, Islam resolves the conflict between self-interest and the collective good. It expands and stretches the usually narrow concept of self-interest to include not only the desire for worldly things but also the desire for Paradise (Chaprah, 28). It is in every Muslim’s self-interest to reach Paradise. This interest cannot be served except by fulfilling one’s social obligations and by working for social and economic justice in one’s community. So, in other words, in an Islamic system, one’s desire for material wealth will be kept in check by one’s greater desire for Paradise, resulting in a synthesis of the material and spiritual.

The emphasis here is on the spiritual foundation of Islamic economics. ‘Umar’s economic model provides us with an attractive alternative. But, the question is how to apply it in today’s world? Of course, it would be impossible to copy ‘Umar’s model. The challenges that we face in today’s world are quite different than the challenges that Muslims faced in the 7th century. Today, countries must provide for millions of citizens. But for these measures to ensure equality and distributive justice, then they must be accompanied by a strong religious and spiritual foundation. In the Islamic system, the means are not confused with the ends. Acquiring wealth and making profit is simply a means to the greater end of establishing justice and fulfilling God’s will. The spirituality of man is not neglected. And this is what sets the Islamic economic system apart.

Today, the world is ripe with gross economic inequality and extreme poverty. To plot a better future for our children, perhaps we would be well-served to look at and learn from the past. We need not be restricted to either capitalism or socialism. The Islamic alternative is one that deserves the careful attention of all students of history, Muslim and non-Muslim alike. In a world where darkness and despair reign supreme, perhaps the spirit and the principles of Islamic economics can provide us with a ray of light.

We can conclude that Islamic economics should be considered as neither completely capitalistic nor completely socialistic, but rather a balance between the two, emphasizing both "individual economic freedom and the need to serve the common good."⁽⁴⁾