Tuesday, May 27, 2014

Isra' Mi'raj- Some Thoughts

Isra' Mi'raj is a very historical day for the Muslims. There are so many things that Muslims do in their daily activity which relates to Isra' Mi'raj. Let's just look at some of the things here.

It was the night the Prophet SAW went to Masjid Al-Aqsa and was then ascended to the highest Heaven to meet the Most Gracious and the Most Merciful.

The Tahiyyat recitation that we read was the beginning of the conversation between Allah SWT and the Prophet SAW. Such an important historical event and yet we recite it during tahiyyat as though it was just another simple zikr which doesn't evwn move our heart.

There, he recieved the direct command to perform the 50 obligatory prayers in a day. As he was descending back to earth, Prophet Moses AS met him and adviced him that 50 is too much for his ummah to comply. Prophet Moses AS asked him to gonand get a further discount or reduction on the number of obligatory prayers. The Prophet SAW went up again and got the discount but as he passed by Prophet Moses AS, again he was requested to seek further reduction. The Prophet SAW obliged and went back up again. This process was repeated until the number of prayers was reduced to 5 times a day.

Thus we have the 5 daily prayers command given directly to the Prophet SAW as a sign of mercy to us.

It was also the night the Prophet rode the Buraq, an animal which travels at super speed. The transport that was used by Prophet Abraham AS.

When the Prophet SAW told the people about Isra' Mi'raj the next day,  the first person to believe him was S. Abu Bakr RA when he said, "I hear and I believe". No questions was asked because his heart is filled with Iman to the Prophet SAW. Whatever the Prophet SAW said is the truth even if his cognitive mind cannot make any logical explanation of the command. Hence he was called As-Siddiq. As-Siddiq means "Given to always telling the truth" or "the one who affirms the truth".

There are many other hadith which tells us the kinds of punishment the Prophet SAW saw as he was descending up to the highest heavens, the Prophets that he met  at the gates of Heaven etc. I encourage you to go and read about these historical stories to boost your Iman.

Tuesday, May 20, 2014

Some Thoughts On Hudud

Was about to write something on Hudud and it became so technical. Then I found (of all people) Raja Petra's article on Hudud. Hah! One of the rare moments I agree with his views.

Let me add. Firstly, you must be able to distinguish between Hudud Laws and implementing Hudud Laws. I said this in my previous post, people must realise the difference between Islam and Muslims. The former is perfect while the latter isn't. So don't blame the perfect Islam because of the imperfect Muslims. Secondly, you must know the difference between the acts punishable under the Hudud and don’t get mixed up. Zina has nothing to do with rape. Theft is different from robbery.

The Shariah is meant to keep people feel safe and secure in your homes or on the streets. It jealously protects the Maqasid Shariah. Hence the punishments which relates to the deprivation of these fundamental breaches of Shariah are very severe and radical and it must be across the board. This is especially so if the act involves the Sultans and Ministers as well as their wives and their kids. Even the Prophet SAW said that he would cut his own beloved daughter’s hand if she was found committing theft.

Take theft for example. The idea of theft stems from the rules governing property in Islam. The act of stealing means it is done in stealth, in an area that is known to be protected and the subject matter is an expensive item. What this means is that the security of the owner’s property was jeopardized and the thief didn't even allow the owner a chance to defend his rights. That's the worst depravity.

Hudud works in a paradox. You cannot establish Hudud unless the circumstances allow it to be implemented and by establishing Hudud, you will obtain the circumstances necessary to implement Hudud.

You can also read some of my comments on Zina here:http://adamalhabshi.blogspot.com/2012/01/hadd-on-zina.html and here:http://adamalhabshi.blogspot.com/2010/04/consent-is-difference.html 

Friday, November 15, 2013

Jumaat Reminder :)

بسم الله الرحمن الرحيم


"O you who have believed, protect yourselves and your families from a Fire whose fuel is people and stones, over which are [appointed] angels, harsh and severe; they do not disobey Allah in what He commands them but do what they are commanded."

I was reading a FB post regarding one's different character when he is in the office / in the television and when he is at home. He can be super nice at the office but super rude at home etc.

After reading that, I remembered the above verse. I'm not sure why as it's not even related directly to the double character issue.

Anyhow, upon reading the above verse this time, I concluded two things from the above verse. I have emphasised my points in the above verse with bold and underline. (There are many other wisdom you can take from the above verse but two is enough for this post at this time :) ).

First Point:

In order to protect the one that you love, you must protect yourself first. Just like in an aeroplane, the safety requirement is that you have to put on the oxygen mask on yourself before you can put it on your child. 


Its not because you are more important than your child. Although it is a natural thing to prioritise your child, but you cannot effectively help your child if you can't breath yourself.

So follow the priority set by Allah. Protect yourself FIRST, then your family member.

Second Point:


Unlike some immoral enforcement  officers, Angels are pure and secured from temptation. 

Don't think you could buy or talk your way out of Hell through them.

And to save you the trouble of being in Hell in the first place, refer back to Point 1. Save yourself and then save your family from Hell. 

Only God knows best.

Blog adjourned.

The Bastard Child Analogy

When distinguishing between Islamic finance and conventional finance / riba’ based finance, the common analogy is the Halal and Haram Meat Analogy. There is another analogy which is better in distinguishing between Islamic finance and conventional finance. To start, let me explain briefly the Halal and Haram Meat Analogy.

The Halal and Haram Meat Analogy

Using this analogy, Islamic finance is regarded as the halal meat, whereby the halal animal is slaughtered in accordance to the Shariah and its meat is permissible to be eaten as compared. Conventional finance on the other hand is the haram meat where the animal is sourced illegitimately and it is not slaughtered according to the Shariah making it not permissible, under the Shariah, to be eaten.
The fact is that both meat, if eaten, would give the same physical outcome (feeling satiated) however, the Shariah only permits one to eat the halal meat and not the haram meat.
In other words, if you opt for an Islamic house financing, the monthly instalment that you pay is Shariah compliant as compared to a conventional house financing based on riba’ which is not Shariah compliant. The outcome of both financing are somewhat similar, pay your instalment and you will own a house at the end of the tenure.
As I have mentioned above, I don’t quite agree with the above analogy. I prefer the Bastard Child Analogy. What is it? Please read on.

The Bastard Child Analogy

The Bastard Child Analogy is based on the following two examples.
Example 1: A guy and a girl committed adultery, the result of which the girl got pregnant and gets a child.
Example 2: A guy and a girl got married and had sex, the result of which the girl got pregnant and gets a child.
In example 1, the child is a bastard child. In example 2, the child is a legitimate child. The process that the guy and the girl did to get the child is the same i.e. they had sex. The outcome of that sexual intercourse is that they got a child.
The only difference between example 1 and example 2 is that the guy and the girl were validly married in example 2. They had a contract / aqad between them that the Shariah recognises, and out of which, the child is recognised as a legitimate child. The Shariah did not recognise the mutual consent to have sex in example 1. As a result, the child is a bastard child.
Both children in example 1 and 2 are somewhat similar, just like the end result in both Islamic finance and conventional finance.
However, only the child in example 2 is recognised by the Shariah.
In other words, the Shariah compliant contract in Islamic finance is the crux that distinguishes it with conventional finance.
This is one of the many reason why in Surah Baqarah, Allah states clearly that He has permitted trade and forbidden Riba’. Trading, based on principles approved by the Shariah will result in profits that is recognised by the Shariah to be legitimate income (just like the child in example 2). Riba’ however, will result in illegitimate gains that is NOT recognised by the Shariah (just like the child in example 1).

The Difference?

In the Halal and Haram Meat Analogy, the process of obtaining the meat is the distinguishing factor. The Halal meat is Islamically slaughtered whilst the Haram meat is not.
In the Bastard Child Analogy, it is the underlying contract / aqad that is the distinguishing factor. The Bastard Child is the result of adultery whilst the Legitimate Child is the result of a valid marriage contract.
In my humble opinion, the Bastard Child Analogy is a better analogy to describe the difference between Islamic Finance and Conventional Finance.

Blog Adjourned.

Thursday, November 7, 2013

Salam Ma'al Hijrah :)

Fuh fuh fuuuuuhhhhh.

Spider webs all over this blog. Fuuuhh...

Its about time I resurrect my virtual recording of intellectual snapshots again.

What better timing than to do so in the beginning of the new 1435 Hijriyyah Year!

So let's start by testing if this google app for blogger actually works in the first place.

Here goes!

Bismillah hir Rahman nir Rahim!!


Blog adjourned.

Saturday, March 16, 2013

Think Too Much

I think I think too much.

And I think this is the main reason why I didn't quite enjoy private legal practice.

You see, in a private legal practice, you are required by your client to absorb their legal liabilities. Clients can be really demanding as well... and stingy. Hehe. But that's besides the point.

Coming back to my point of absorbing liabilities. Banks for example, prior to the diabursement of the loan or finance, would require a legal firm to give an undertaking that everything in relation to the loan or finance is in proper order and is valid and enforceable. This is a common practice in all banks in prior to drawdown if an external solicitor is engaged. It is the bank's way of minimising their risk by shifting the requirement to ensure the validity and enforceability to the legal firm.

The idea of shouldering this risk is what I did not enjoy because I think too much. And I would not stop thinking about many different angles of a particular matter to ensure that I have covered all angles. Its really tiring and exhausting. Before you sleep you suddenly remember whether your staff had filed your form34 on time or when the LHDN is going to give their valuation as the expiry date on the MOT is almost expiring... and you have not asked your client for the transfer fee because your client wants the exact figure.

So when I joined this new place, I honestly felt the heavy weight on my poor shoulders  lifted almost immediately. It was amazing how that invisible weight could really affect my character and personality.

I was sharing this with the Bride and she confirmed that I looked more cheerful and jovial the moment I left legal practice. Haha.

Be that as it may, u actually learn a lot in private practice if you have really good mentors. I learned a lot from my boss. But I am just not ready to shoulder client's heavy liabilities.

Probably because I think too much... yeah, that must be the case.

I think too much.

Blog adjourned.

Friday, February 15, 2013

Last Day At The Firm

Hello Everybody,

How have you been doing lately?

Well, my morning started with a quick trip to the dentist. My filling came off and I had to tell the Dentist the 'hole' story. He did a great job. I have a nice feeling about this filling. haha.

Oh, today marks the final day of my two months 'iddah with my firm. It has been a great 1.5 years here. (Oh, I better edit my profile on this blog).

Usually, those who are leaving would write a very lengthy email to the firm thanking everyone they can remember. Initially, I thought of doing the same but then I realised that I might miss some really important friends who might be extremely sensitive. So I drafted a short and simple farewell email. Below was my email that I sent yesterday:

Dear all,
Gong Xi Fa Chai to those who are celebrating Chinese New Year.

This Friday marks my last day at Skrine.

I have enjoyed my tenure here and appreciate having the opportunity to work with you all. Thank you for the support, guidance and encouragement you all have provided me throughout my stint here.

I can’t write much more because my laptop’s monitor is getting fuzzy and its keyboard is starting to emit random drops of salty water. *MISD!!! HELP PLEASE!!!!

I wish everyone and the firm all the best and continued success. Do keep in touch. My personal email is adam.alhabshi@gmail.com.


*MISD is our IT Department.

I will be having a 2 weeks break before I start at the new office. This 2 weeks will be utilised to complete two of my assignments for my PhD classes.

Allrighty, its time to send the laptop back to MISD and to clear my room. 

Having your last day on a Friday just lights up your weekend really bright. *Now where di i put sunglasses? Oh I don't need one, I have a transition lense* WAHAAHAHAHAHAHA!

Blog adjourned.